Police Association of South Australia & Ors v Strange

[2026] SASCA 56

Supreme Court of South Australia - Court of Appeal

Built by Barristers,
For Australian Law.

1. Procedure
2. › Civil proceedings in state and territory courts
3. › Discovery and interrogatories
4. › Pre-action discovery
5. › Availability after commencement of substantive proceedings
1. Procedure
2. › Civil proceedings in state and territory courts
3. › Discovery and interrogatories
4. › Pre-action discovery
5. › Requirement to contemplate proceedings in court where discovery sought
1. Procedure
2. › State and territory courts
3. › Inherent and general statutory powers
4. › Abuse of process
5. › Prosecution of pre-action discovery after filing substantive proceedings in different court
1. Procedure
2. › Civil proceedings in state and territory courts
3. › Pleadings and parties
4. › Holding actions
5. › Interaction with pre-action discovery and limitation periods

On the proper construction of UCRs rr 242.1 and 242.2, the power to order pre-action discovery ceases to be available once substantive proceedings have been instituted (filed), whether or not those proceedings have been served; 'bring' in this context means commence, not file and serve.
Pre-action discovery under the UCRs must be sought in the court in which the applicant contemplates bringing the substantive proceeding; it is not the function of the rules of one court to facilitate investigation of a claim in another court, particularly where compelled disclosure of documents is involved.
The filing of an un-served 'holding action' to preserve limitation periods does not preserve the availability of pre-action discovery; the appropriate alternatives are seeking expedition of the pre-action discovery application or relying on statutory extension of limitation periods if discovery reveals material information.