s. 89A Division 9—Document unavailability Pt 3 Div. 9 (Heading and ss 90–98) repealed, new Pt 3 Div. 9 (Heading and ss 89A–89E) inserted by No. 53/2006 s. 4. 89A Meaning of unavailability of document S. 89A inserted by No. 53/2006 For the purposes of this Division, a document is s. 4. unavailable in a civil proceeding if— (a) the document is, or has been but is no longer, in the possession, custody or power of a party to the civil proceeding; and (b) the document has been destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification (whether before or after the commencement of the proceeding). 89B Court may make ruling or order S. 89B inserted by No. 53/2006 (1) If, in a civil proceeding, it appears to the court s. 4. that— (a) a document is unavailable; and (b) no reproduction of the document is available in place of the original document; and (c) the unavailability of the document is likely to cause unfairness to a party to the proceeding— the court, on its own motion or on the application of a party, may make any ruling or order that the court considers necessary to ensure fairness to all parties to the proceeding, having regard to the matters set out in section 89C.
Pt 3 Div. 9 (Heading and ss 90–98) repealed, new Pt 3 Div. 9 (Heading and ss 89A–89E) inserted by No. 53/2006 s. 4. Division 9—Document unavailability S. 89A inserted by No. 53/2006 s. 4. 89A Meaning of unavailability of document s. 89A For the purposes of this Division, a document is unavailable in a civil proceeding if— (a) the document is, or has been but is no longer, in the possession, custody or power of a party to the civil proceeding; and (b) the document has been destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification (whether before or after the commencement of the proceeding). S. 89B inserted by No. 53/2006 s. 4. 89B Court may make ruling or order (1) If, in a civil proceeding, it appears to the court that— (a) a document is unavailable; and (b) no reproduction of the document is available in place of the original document; and (c) the unavailability of the document is likely to cause unfairness to a party to the proceeding— the court, on its own motion or on the application of a party, may make any ruling or order that the court considers necessary to ensure fairness to all parties to the proceeding, having regard to the matters set out in section 89C.