When the rule doesn’t apply However, in some circumstances, a court may grant a party leave to use the documents produced for another purpose. To obtain leave of the court, a party will need to ask the Court to relieve them of their undertaking or obtain the consent of the producing party to use the documents in the way they propose. The main reason parties generally seek the court’s indulgence is so that they can add new causes of action against an existing party or alternatively add a new party to the proceedings. When determining such an application, the Court is mindful of avoiding duplication of proceedings and costs incurred by the parties. The court is also mindful of not causing injustice to the producing party or other parties to the proceedings. In summary Even after production of documents to court under subpoena, there remains good reasons to be vigilant in respect of the use to which those documents are put by parties who may seek access to them. If you have been served with a subpoena, contact our team of experienced lawyers who can help you comply with it and protect any confidential or legally privileged information. PAGE 10 BARTIER PERRY LAWYERS - EMPOWERING INSIGHT GET IN TOUCH Contact our smart and friendly team today who will take the time to understand your needs. +61 2 8281 7800 Level 10, 77 Castlereagh Street, Sydney NSW 2000 PO Box 2631, Sydney NSW 2001