Court Procedures Rules 2006

This rule applies to a discoverable document if, after disclosing documents under this part—

a party to a proceeding becomes aware that the document was wrongly omitted from the party’s list of documents; or

the document comes into the party’s possession.

However, this rule does not apply to a note of oral communications (whether made in person or by telephone) in relation to the proceeding between a solicitor for a party and a solicitor for another party to the proceeding.

The party must disclose the document to each party to whom the party has been required to give discovery—

not later than 7 days after the day the party—

becomes aware of the omission; or

receives possession of the document; or

if the hearing of the proceeding is to start within the 7-day period, or has started—immediately.

However, this rule does not require the party to disclose a document if, apart from this rule, the party is not required to disclose it.