Re an application under s 73 of the Civil Law (Wrongs) Act 2002 (ACT) [No 2]

[2011] ACTSC 26

Supreme Court of the ACT

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Interrogate

Catchwords

1. Practice and Procedure
2. › Disclosure of documents
3. › Withholding documents where fraud suspected
4. › Markus discretion
5. › Power to withhold access to documents produced on subpoena until after party gives evidence in chief
6. › Whether court has power to make such an order
7. › Court Procedures Rules 2006 (ACT), rr 6, 21, 1401
1. Practice and Procedure
2. › Disclosure of documents
3. › Statutory provision for non-disclosure where fraud suspected
4. › Documents produced in s 73 proceedings to be used in personal injuries proceedings
5. › To whom application for withholding order should be made
6. › Civil Law (Wrongs) Act 2002 (ACT), s 73

Quick Take

The ACT Supreme Court has power under r 1401 of the Court Procedures Rules 2006 (ACT) to make a Markus discretion order withholding documents from a party suspected of fraud until after that party gives evidence in chief. Such an application must be made on notice to the claimant in the substantive proceedings. Section 73 of the Civil Law (Wrongs) Act 2002 (ACT) reflects a legislative intention that non-disclosure to prevent fraud is permissible.