Duty of disclosure
211 Duty of disclosure
A party to a proceeding has a duty to disclose to each other party each document—
in the possession or under the control of the first party; and
directly relevant to an allegation in issue in the pleadings; and
if there are no pleadings—directly relevant to a matter in issue in the proceeding.
Note—
Under the Acts Interpretation Act 1954, schedule 1—
document—
means a record of information, however recorded; and
includes—
anything on which there is writing; and
anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and
an electronic document.
The duty of disclosure continues until the proceeding is decided.
An allegation remains in issue until it is admitted, withdrawn, struck out or otherwise disposed of.
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