The three-part test for admission of further evidence on appeal (from Clarke v Japan Machines) requires that the evidence could not have been obtained with reasonable diligence for use at trial, that it would probably have an important impact on the result, and that it is credible. In application proceedings under the UCPR (Qld), there is no automatic obligation for disclosure, and a party who fails to seek disclosure orders cannot later complain of non-disclosure. Allegations of fraud not raised before the primary judge cannot be raised for the first time on appeal.
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