Supreme Court (General Civil Procedure Rules) 2025 (Vic) r 84.05
Quick Take
1Where an allegation in a statement of claim is admitted, the fact is not in issue and discovery of documents going only to that admitted fact will not ordinarily be ordered, even if the admitted matter is referenced elsewhere in the pleading.
2Repeated applications for discovery of the same category of documents previously refused on multiple occasions are inconsistent with the overarching purpose of the Civil Procedure Act 2010 (Vic) and will not be entertained absent changed circumstances or changes to the issues on the pleadings.
3Where a parallel private criminal prosecution has been commenced concerning the same subject matter, ordering discovery that would expose a party to criminal penalties engages the privilege against self-incrimination and provides an independent basis for refusing the discovery application.
