sec.46Duty of disclosure

sec.46 Duty of disclosure

If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party. A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of. Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure. r 46 amd 2021 SL No. 10 s 17 (sec.46-ssec.1) If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party. (sec.46-ssec.2) A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of. (sec.46-ssec.3) Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.

• (a) is directly relevant to the proceeding or a matter in issue in the proceeding; and
• (b) is in, or comes into, the possession of the party.