Form 38
Rule 20.17(1)
List of documents
No. of 20
Federal Court of Australia
District Registry: [State]
Division: [Division]
[Name of First Applicant] [if 2 or more add "and another" or "and others"]
Applicant[s]
[Name of First Respondent] [if 2 or more add "and another" or "and others"]
Respondent[s]
Pursuant to the order for discovery made on [date], the [role of party eg Respondent] makes this list of documents and affidavit.
Affidavit
On [date], I [name address and occupation] [*either]say on oath [*or]affirm:
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[*Either]I am the [role of party eg Respondent] [*or]I am the [position of officer eg director] of the [role of party eg Respondent] and I am authorised to make this affidavit on the [role of party eg Respondent]’s behalf.
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I have made reasonable enquiries as to the existence and location of the documents specified in the order.
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To the best of my [*]knowledge [*or]knowledge, information and belief, there are no documents specified in the order that are or have been in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents], other than the documents specified in this list of documents.
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The documents set out in part 1 are in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] and I do not claim privilege from production for any of these documents.
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The documents set out in part 2 are in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] but I claim privilege from production of each of these documents on the grounds set out in part 2.
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The documents set out in part 3 have been but are no longer in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents]. Details of when each document was last in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] and what became of it are set out in part 3.
Sworn / Affirmed by the deponent
at [place]
in [State or Territory]
on [date]
Before me:
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Signed by deponent
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Signed by witness
[Name and qualification of witness]
[the deponent and witness must sign each page of the affidavit]
Inspection of documents
The documents set out in part 1 may be inspected at [address] on [insert date(s) and time(s)].
Date: [eg 19 June 20..]
Signed by [Name]
[Insert capacity eg Applicant / Lawyer for the Applicant]
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[* Delete if inapplicable]
Part 1 - Documents in the control of [role of party eg the Respondent / person]
No.
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Description of document(s) / category
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Number of documents in category (if applicable)
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Date/period
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[Describe each category of documents in the party's control sufficiently to identify the category but not necessarily the particular document]
[Describe each document as original or copy]
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Part 2 – Documents in the control of [role of party eg the Respondent / person] for which privilege from production is claimed
Part 3 – Documents that have been but are no longer in the control of [role of party eg the Respondent / person]
No.
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Description of document
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Date of document
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What became of document
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[Describe each document that has been, but is no longer in the party/person's control]
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[State when document was last in the control of the party / person and what became of it]
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Filed on behalf of (name & role of party)
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Prepared by (name of person/lawyer)
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Law firm (if applicable)
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Tel
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Fax
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Email
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Address for service
(include state and postcode)
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[Form approved 01/08/2011]
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