DR Specific Disclosure

Question 1

What are the grounds to order a disclosure / search / disclose any documents from the search?

Answer 1

Grounds:
1. Opponent has not complied with existing disclosure obligations (inadequate / breach)

2. Applicant wants document earlier than currently directions provide for
3. Applicant wants something more

Question 2

What does the court consider?

Answer 2

• Court looks at circumstances of the case and overriding objective
• It will make an order as is necessary to ensure these obligations are complied with

Question 3

When can an order for specific disclosure be made?

Answer 3

At any time after proceedings have been issued
- Generally made after standard disclosure has occurred

Question 4

If the applicant can show a breach of obligation to give standard disclosure

Answer 4

a) Court has made an order for standard disclosure; and
b) On proper consideration of applicable rules, documents concerned (which applicant seeks) should have already been disclosed by the opponent

The court will usually order the opponent to disclose the documents

Question 5

The application procedure

Answer 5

Application must
- Specify order sought; list documents
- Be supported by evidence - usually witness statement