FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CD Pre - trial and ongoing disclosure

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CD

  (1)   After the indictment is filed in the Court and before a trial on the indictment starts, the Court may order:

  (a)   the prosecutor to give the accused notice of the case for the prosecution in accordance with section   23CE; and

  (b)   the accused, after having been given notice of the case for the prosecution, to give the prosecutor notice of the accused's response in accordance with section   23CF; and

  (c)   the prosecutor, after having been given notice of the accused's response, to give the accused notice of the prosecution's response to the accused's response in accordance with section   23CG; and

  (d)   the prosecutor and the accused to make ongoing disclosures in accordance with section   23CH until, for each count in the indictment relating to the accused, the accused is either:

  (i)   convicted of the offence covered by the count; or

  (ii)   discharged in relation to the count.

The order may specify the time within which each disclosure is to be made.

  (2)   The accused must give the following to the prosecutor as soon as practicable after the accused's first pre - trial hearing before the Court in relation to the indictment:

  (a)   if at the trial the accused proposes to adduce supporting evidence of an alibi--notice of particulars, prepared in accordance with the Rules of Court, of that alibi;

  (b)   if at the trial the accused proposes to adduce supporting evidence that the accused was suffering from a mental impairment (within the meaning of section   7.3 of the Criminal Code )--notice of particulars, prepared in accordance with the Rules of Court, of that impairment.

Note:   A party may also be required to disclose additional information as a result of other laws (for example, subsection   44ZZRO(2) of the Competition and Consumer Act 2010 ).