Скачать или смотреть Non-Party Disclosure Showdown — Objections, Stays, Orders & Costs (UCPR rr 245–249)

This mini-arc explains the Queensland UCPR framework for getting documents from third parties—and how those third parties (and others affected) can push back, what happens once they do, and who foots the bill.

*r 245 — Objection to disclosure*

*Who can object?* The non-party served with the notice, and anyone else affected (even if not served), may object.
*When?* Within 7 days of service (respondent), or later with the court’s leave (others).
*How?* By *written* objection served on the applicant (and on the respondent if the objector isn’t the respondent). No filing is required.
*Grounds (non-exhaustive):* expense and inconvenience; lack of relevance; lack of particularity; privilege; confidentiality; adverse effects on a person; failure to serve an affected person.
*Key guardrails:*

Relevance targets the *documents’* direct relevance to the allegations—mere generalities won’t do.
Particularity matters: a catch-all like “all documents directly relevant to the pleadings” is vulnerable.
Privilege can be claimed (including agency experts’ work for the dominant purpose of legal advice).
Confidentiality alone rarely defeats disclosure—use protections, don’t expect a blanket veto.

*r 246 — Objection stays notice*

Serving a compliant objection *automatically pauses* the non-party’s obligation to produce. The onus swings back to the applicant to move the court if they want disclosure to proceed.

*r 247 — Court’s decision about objection*

*Timing:* The applicant *may* apply within 7 days for a ruling on the objection.
*Powers:* The court can *lift the stay**, **vary**, **set aside* the notice—or even *widen* it where justified (e.g., where a non-party is effectively an alter ego of a litigant).
*Costs of the objection application:* Default is **each party bears own costs**; departures consider (a) merits, (b) efficient, informed litigation, and (c) not discouraging good-faith objections by non-parties.

*r 248 — Production and copying*

*If no stay / as ordered:* The respondent must allow *inspection at its place of business or solicitor’s office* (or as agreed) **during business hours**.
*Copying:* The applicant *may copy* produced documents.
*Non-compliance:* The applicant can seek *orders compelling production* and any other appropriate orders (including party-like disclosure in exceptional “alter ego” scenarios).

*r 249 — Costs of production*

*Who pays?* The *applicant* must pay the respondent’s *reasonable costs and expenses* of producing documents (subject to any different costs order under r 247(3)).
*Timelines:* The respondent has *1 month* after production to notify its costs; the applicant then has *1 month* to seek assessment if disputed.

*Practical takeaways for practitioners & producers:*

Draft *tight, targeted* non-party notices—tie requested categories to pleaded issues to survive r 245 scrutiny.
If you’re the non-party, a *prompt, written* objection is powerful leverage: it *halts* the notice and forces the applicant to justify scope, relevance, and proportionality.
Expect the court to balance *truth-finding* against *burden on strangers**, often preferring **no order as to costs* on objection applications unless conduct or merit warrants otherwise.
Build in *confidentiality undertakings* or redaction protocols rather than banking on confidentiality as a total bar.
Budget for *production costs**—and diarise the **one-month* windows for notifying and assessing them.