UCPR r243 - notice of non-party disclosure - obligation to state allegation to which documents sought are directly relevant

Jackson, Sheryl (2008) UCPR r243 - notice of non-party disclosure - obligation to state allegation to which documents sought are directly relevant. Proctor, 28(10), pp. 55-56.

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In Deppro Pty Ltd v Hannah [2008] QSC 193 one of the matters considered by the court related to the requirement in r 243 of the Uniform Civil Procedure Rules 1999 (Qld) that a notice of non-party disclosure must “state the allegation in issue in the pleadings about which the document sought is directly relevant.”The approach adopted by the issuing party in this case of asserting that documents sought by a notice of non-party disclosure are relevant to allegations in numbered paragraphs in pleadings, and serving copies of the pleadings with the notice, is not uncommon in practice. This decision makes it clear that this practice is fraught with danger. In circumstances where it is not apparent that the non-party has been fully apprised of the relevant issues the decision suggests an applicant for non-party disclosure who has not complied with the requirements of s 243 might be required to issue a fresh, fully compliant notice, and to suffer associated costs consequences.

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ID Code: 58923
Item Type: Journal Article
Refereed: Yes
Keywords: UCPR r243, notice of non-party disclosure, allegation to state allegation to which documents directly relevant
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 the author.
Deposited On: 05 Apr 2013 01:07
Last Modified: 24 Jul 2013 05:31

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