Magistrates Court (Civil Jurisdiction) Rules 2004—Form 42
(see s 164 (2))
Affidavit of discovery
Pursuant to notice filed (or order made) on	, 20    , I, the plaintiff (or defendant) make oath and say as follows:
1	I have in my possession, custody or power the following documents:
(specify documents)
2	The documents referred to below are privileged from production on the ground—
(a)	as to documents numbered	to	above inclusive, that (state the ground);
(b)	as to documents		and	above, that (state the ground).
3	I have had, but do not now have, in my possession, custody or power the following documents:
(specify documents)
4	Document	specified in paragraph 3 was last in my possession, custody or power on (state when);
(state what has become of it) or to the best of my knowledge, information and belief (state in whose possession, custody or power it is and where it is).
5	To the best of my knowledge, information and belief neither I nor my legal practitioner nor any other person on my behalf has now, or ever had, in my or his or her possession, custody or power any document relating to any matter in question between the plaintiff and myself in these proceedings other than the documents specified in this affidavit.
6	The document specified in paragraph 1 may be inspected at (address) on	, 20	, between (specify time).

Endnotes
1	This form was originally in the Magistrates Court (Civil Jurisdiction) Act 1982 (the authorising Act), schedule 1.  Under amendments made by the Legislation (Consequential Amendments) Act 2001, the form was omitted from the authorising Act and became a form approved under section 471 of that Act (see amdt 1.2791, amdt 1.2793). 
2	Under the Court Procedures Act 2004 A2004-59, pt 8, this form became a form approved under that Act.
3	This republication includes amendments made under the Legislation Act, part 11.3 (Editorial changes).

©  Australian Capital Territory 2005