Criminal Practice Rules 1999

This rule provides for the procedures that apply before the filing of an application for a disclosure obligation direction.

The applicant must, by letter, or by email or some other electronic form of written communication—

advise the respondent of the following—

what the applicant says the respondent should have done, but has not done, in relation to the disclosure obligation that is to be the subject of the disclosure obligation direction to be sought by the applicant;

the disclosure obligation direction to be sought by the applicant; and

give the respondent a brief statement about what the applicant considers the respondent should give the applicant to satisfy the applicant that the respondent has complied with the disclosure obligation; and

advise the respondent whether the applicant is asking for the court—

to require the parties to the proceeding to attend before the court and make oral submissions in relation to the application; or

to decide the application based on the material to be placed before the court in the absence of the parties; and

nominate a time (the nominated time) for the respondent to respond to the applicant’s communication.

The nominated time must be—

the time set by the court or by a practice direction; or

if there is no time set by the court or by a practice direction—a time that is reasonable in the circumstances, but in any event not less than 7 days.

The response must—

state that the response is a response to the applicant’s communication; and

advise the applicant of what the respondent intends to do in response to the applicant’s communication; and

advise the applicant whether the respondent wishes the court—

to require the parties to the proceeding to attend before the court and make oral submissions in relation to the application; or

to decide the application based on the material to be placed before the court in the absence of the parties.