Queensland Consolidated Regulations

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" includes—

(a) any paper or other material on which there is writing; and

(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and

(c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device).

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(3) An allegation remains in issue until it is admitted, withdrawn, struck out or otherwise disposed of.