The other side lawyer asks you to hand over the original documents
Assess an opponent lawyer request for original business records, distinguishing inspection/copies/production and agreeing an authorised custody trail without withholding required evidence.
Corporate Recovery Partners
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The request concerns the originals
The other side's lawyer asks you to send original signed documents rather than copies. Give the request to your own lawyer and clarify what process applies. Do not assume the request is a court order, but do not refuse a genuine obligation without advice. The immediate issue is the required form of access and how custody of irreplaceable records will be managed.
Make an inventory of the documents named, whether originals are held and where. Distinguish a wet-signed original from a printout of an electronic record. Tell the lawyer about missing pages, prior annotations or existing copies honestly. Do not recreate an original or remove markings because the document may look untidy when examined.
Business.gov.au's record-keeping guidance calls for clear and true electronic reproductions. Ask your lawyer what copying and preservation steps are appropriate before any authorised transfer. A scan is useful for reference, but it does not necessarily satisfy a requirement for the original or remove the need to follow the particular court or disclosure process.
Imagine the opponent wants the original contract to inspect a handwritten variation. Your file contains one signed set and several later photocopies. Identify that difference and preserve the complete set. The lawyer can address whether inspection, supervised access or another procedure is appropriate; do not send loose pages that make the original sequence impossible to establish.
If transfer is required, follow advice on the recipient, delivery method, acknowledgement and return arrangements. Record what leaves, when and in whose custody. Keep instructions about handling or inspection with the inventory. Do not promise a return date the receiving party has not agreed or assume a courier receipt proves the contents of a package.
Raise practical risks promptly and comply with the advised process. If something is unavailable, tell the lawyer rather than substituting a copy without explanation. The aim is a traceable, lawful document handover that preserves evidentiary integrity and business access, not using custody concerns to avoid a valid requirement or surrendering the only record through an informal exchange.
