(1) Subject to subrule (3), each party to a case has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner.
Note: Failure to comply with the duty may result in the court excluding evidence that is not disclosed or imposing a consequence, including punishment for contempt of court. This Chapter sets out a number of ways that a party is either required, or can be called upon, to discharge the party's duty of disclosure, including:
(a) disclosure of financial circumstances (see Division 13.1.2);
(b) disclosure and production of documents (see Division 13.2.1); and
(c) disclosure by answering specific questions in certain circumstances (see Part 13.3).
(2) The duty of disclosure starts with the pre-action procedure for a case and continues until the case is finalised.
Note: The duty of disclosure applies to a case guardian for a child and a person with a disability (see subrule 6.13(2)).
(3) This rule does not apply to a respondent in an application alleging contravention or contempt.