1A verified list of documents is conclusive absent specifically identified omissions; a general challenge to the adequacy of discovery is not permitted under r 606(1) of the Court Procedures Rules 2006 (ACT).
2Further discovery may be ordered where the likely existence of undiscovered documents can be inferred from documents already discovered or from material filed in the proceeding, or where there are specific documents the requesting party has reason to believe are or have been in the other party's possession.
3The duty of discovery under r 611 is continuing; if a party realises a document was wrongly omitted from a verified list, there is an obligation to disclose it without the need for a further court order.
Case Details
Citation[2022] ACTSC 70
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date6 April 2022
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