UNIFORM CIVIL PROCEDURE RULES 1999 - REG 211 Duty of disclosure

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 211

211 Duty of disclosure

(1) A party to a proceeding has a duty to disclose to each other party each document—

(a) in the possession or under the control of the first party; and

(b) directly relevant to an allegation in issue in the pleadings; and

(c) 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" —

(a) means a record of information, however recorded; and

(b) includes—

(i) anything on which there is writing; and

(ii) anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and

(iii) an electronic document.

(2) The duty of disclosure continues until the proceeding is decided.

(3) An allegation remains in issue until it is admitted, withdrawn, struck out or otherwise disposed of.