DR - disclosure - pre-action

Question 1

What is pre-action disclosure

Answer 1

Court allow party to obtain disclosure of documents before proceedings have commenced.

Question 2

When will the court grant a pre-action disclosure order?

Answer 2

a) the respondent is likely to be party to proceedings; AND
b) the applicant is also likely to be party to those proceedings; AND
c) if proceedings started the documents would be included in a standard disclosure;

AND

d) it is:
- desirable for fairness OR
- assist dispute without proceedings, OR
- save costs

NOTE: Court still has discretion under the overriding objective

Question 3

What is the procedure for pre-action disclosure

Answer 3

applicant must:
- specify the order sought
- be supported by evidence

Question 4

Who pays for a pre-action disclosure?

Answer 4

generally the applicant, but could be the respondent if it has been unreasonable.