The Court held that a respondent's requests for information under s 64(1)(b) of the Civil Law (Wrongs) Act 2002 (ACT) must be made within the six-month pre-court period prescribed by s 61, and that fresh requests made after proceedings have commenced cannot be enforced under s 78, because the pre-court disclosure protocols were not intended to apply during litigation (following Cleary v Rinaudo). The guiding principle for whether information is 'reasonably requested' under s 64(1)(b) is whether it is reasonably necessary to enable formulation of an estimate of damages, not merely whether it bears some relevance to the claim. Where a verified statement is required under s 64(4), a solicitor's statement that information was obtained from client instructions is insufficient; the statement must be signed by or clearly attributable to the claimant personally.
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