382Mutual discovery of documents

### 382 Mutual discovery of documents > [*\[Rule 382 Substituted by S.R. 2012, No. 91, Applied:17 Oct 2012\]*](/view/html/inforce/2012-10-17/sr-2012-091#GS5@EN) > > > (1)  For the purposes of this Division, but subject to any agreement between the parties or an order of the Court or a judge, the discovery obligation is a continuing obligation and the discoverable documents are documents – > > > > > > (a) that are directly relevant to the issues raised by the pleadings; and > > > > > > > (b) of which, after a reasonable search, a party is aware; and > > > > > > > (c) that are, or have been, in that party's possession, custody or power. > > > (2)  For [subrule (1)(a)](#GS382@Gs1@Hpa@EN) , the documents must meet at least one of the following criteria: > > > > > > (a) the documents are those on which the party intends to rely; > > > > > > > (b) the documents adversely affect the party's own case; > > > > > > > (c) the documents support another party's case; > > > > > > > (d) the documents adversely affect another party's case. > > > (3)  For [subrule (1)(b)](#GS382@Gs1@Hpb@EN) , in making a reasonable search, a party may take into account the following: > > > > > > (a) the nature and complexity of the proceedings; > > > > > > > (b) the number of documents involved; > > > > > > > (c) the ease and cost of retrieving the document; > > > > > > > (d) the significance of any documents likely to be found; > > > > > > > (e) any other relevant matter.