Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 611

Continuing disclosure

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

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

        (b)     the document comes into the party's possession.

    (2)     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.

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

        (a)     not later than 7 days after the day the party

              (i)     becomes aware of the omission; or

              (ii)     receives possession of the document; or

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

    (4)     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.



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