Court Procedures Rules 2006

A party to a proceeding may serve on another party a notice requiring the other party to disclose discoverable documents for the proceeding.

For disclosure in relation to third parties, see r 315 (Third parties—disclosure).

Unless the court gives leave, the party must not serve a notice—

before the close of pleadings; or

after the matter is listed for hearing.

Pt 6.2 (Applications in proceedings) applies to an application for leave.

The party who is served with the notice must—

file the following documents not later than 28 days after the day the party receives the notice:

the party’s list of documents;

an affidavit verifying the list;

if the party is represented by a solicitor—the solicitor’s certificate of advice in relation to the list; and

Rule 608 (List of discoverable and privileged documents etc) sets out requirements for the list, affidavit and certificate.

Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

serve a copy of each of the documents on each other active party.