Victorian Current Acts

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Overarching obligation to disclose existence of documents

    (1)     Subject to subsection (3), a person to whom the overarching obligations apply must disclose to each party the existence of all documents that are, or have been, in that person's possession, custody or control—

        (a)     of which the person is aware; and

        (b)     which the person considers, or ought reasonably consider, are critical to the resolution of the dispute.

    (2)     Disclosure under subsection (1) must occur at—

        (a)     the earliest reasonable time after the person becomes aware of the existence of the document; or

        (b)     such other time as a court may direct.

    (3)     Subsection (1) does not apply to any document which is protected from disclosure—

        (a)     on the grounds of privilege which has not been expressly or impliedly waived; or

        (b)     under any Act (including any Commonwealth Act) or other law.

    (4)     The overarching obligation imposed by this section—

        (a)     is an ongoing obligation for the duration of the civil proceeding; and

        (b)     does not limit or affect a party's obligations in relation to discovery.

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