sec.211Duty of disclosure

### sec.211 Duty of disclosure A party to a proceeding has a duty to disclose to each other party each document— in the possession or under the control of the first party; and directly relevant to an allegation in issue in the pleadings; and if there are no pleadings—directly relevant to a matter in issue in the proceeding. Under the Acts Interpretation Act 1954 , schedule 1 — document — means a record of information, however recorded; and includes— anything on which there is writing; and anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and an electronic document. The duty of disclosure continues until the proceeding is decided. An allegation remains in issue until it is admitted, withdrawn, struck out or otherwise disposed of. r 211 amd 2009 SL No. 162 s 2 sch; 2014 SL No. 320 s 5 ; 2023 Act No. 23 s 247 sch 1 s 39 (2) (sec.211-ssec.1) A party to a proceeding has a duty to disclose to each other party each document— in the possession or under the control of the first party; and directly relevant to an allegation in issue in the pleadings; and if there are no pleadings—directly relevant to a matter in issue in the proceeding. Under the Acts Interpretation Act 1954 , schedule 1 — document — means a record of information, however recorded; and includes— anything on which there is writing; and anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and an electronic document. (sec.211-ssec.2) The duty of disclosure continues until the proceeding is decided. (sec.211-ssec.3) An allegation remains in issue until it is admitted, withdrawn, struck out or otherwise disposed of. - (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. - (a) means a record of information, however recorded; and - (b) includes— (i) anything on which there is writing; and (ii) anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and (iii) an electronic document. - (i) anything on which there is writing; and - (ii) anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and - (iii) an electronic document. - (i) anything on which there is writing; and - (ii) anything on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and - (iii) an electronic document.