A list of forms beginning with the letters N through Z
This is a mandatory form*
Information for a non-party to a case
This is general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Family Court cannot provide legal advice.
This information is for a person or organisation served with a Notice of Non-Party Production of Documents in the Family Court. It provides information on:
Except when there is an objection to the production of documents, the process is outside court. This intends making production by a non-party more convenient and less costly for parties and non-parties. If you have any concerns you should get legal advice.
Who can serve me with a Notice of Non-Party Production of Documents and when?
Any party involved in a case can serve you with a Notice of Non-Party Production of Documents. A party can ask that you produce specified documents to them if:
Notice of Non-Party Production of Documents must include the name of the Court, the file number of the proceedings and the parties’ full names. The party serving you with Notice of Non-Party Production of Documents must satisfy you that the documents are relevant to an issue in the case - see Part E, Item 16 (a) of Notice of Non-Party Production of Documents.
What are my options?
You must:
How do I comply?
By producing the documents requested for inspection by the person who requested them (or their nominee, for example, a lawyer or an accountant). You need to do this no sooner than seven days and no later than 21 days after being served with Notice of Non-Party Production of Documents. You can negotiate where and when the document inspection occurs. The person inspecting the documents is entitled to copy or request a copy of the documents.
A non-party who produces documents for inspection and copying, in compliance with Notice of Non-Party Production of Documents, is taken to have done so in accordance with the law and has the same protection as if ordered by a court to do so. If you have any concerns, you should get legal advice.
What can the documents be used for?
A party can only use the documents for the purposes of the case. Any other use may amount to a contempt of court or an illegal publication of family law proceedings.
Can I claim expenses?
Yes. You are entitled to be paid reasonable costs for producing and making copies of the documents. The amount is to be agreed with the person requesting the documents. If you cannot agree on an amount, you can apply to the Court to decide the amount. The amount would ordinarily include the reasonable cost of you searching for, identifying, collating, transporting the documents to the place of production and attending the production. The amount paid must be no less than the minimum amount of conduct money set out in Schedule 4 of the Family Law Rules.
Can I object to complying?
Yes. Complete Part G at the back of Notice of Non-Party Production of Documents and serve it on the requesting party within 21 days after you were served with Notice of Non-Party Production of Documents. You must state your reasons for objection. Some of the reasons why a person may object to a request in a Notice of Non-Party Production of Documents include:
The requesting party must then decide whether your objection is valid or whether to ask the Court to order you to produce the documents. The requesting party must notify each other party to the case of your objection.
Are the other parties aware of this request?
Yes. The requesting party must serve Notice of Non-Party Production of Documents on the other parties to the case and any person identified as being affected by the production of the documents - see Parts B & C of Notice of Non-Party Production of Documents. This service must be at least 14 days before you are served. When Notice of Non-Party Production of Documents is served on you, the requesting party must advise you in writing that each of the persons mentioned in Parts B & C of Notice of Non-Party Production of Documents was served.
Any party or person may object to you producing the documents. They do so by serving you with a Notice of Objection, within seven days of you being served with Notice of Non-Party Production of Documents. If this happens you must not comply with Notice of Non-Party Production of Documents – the service of the objection in that timeframe stays (stops) the operation of Notice of Non-Party Production of Documents. Any objection after that time would not comply with the rules and does not stay the operation of Notice of Non-Party Production of Documents.
Do the other parties know that I have objected?
Yes. The requesting party must serve a copy of your objection on each other party to the case, so that they are aware of your objection and the reasons for it.
What happens if I do not comply?
If:
The requesting party can apply to the Court for an order that you produce the documents and/or for a decision about the objection. To do this, the requesting party will need to file an Application in a Case and an affidavit setting out the facts relied on by the party in seeking the order.
You must be served with a copy of this application and affidavit, and you are entitled to respond to it. The Court will decide whether to:
You should get legal advice if you are served with such an application.
NOTE: Hard copies of all forms, brochures, kits and booklets are also available through any Family Law Registry. If you are interested in ordering bulk hard copies click to view information on ordering publications.
back to top