AN APPLICATION FOR PRE-ACTION DISCLOSURE: THIS IS NOT A “FISHING EXPEDITION” AND IT IS AN APPROPRIATE CASE TO MAKE AN ORDER

January 13, 2026 · by · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

It is rare to see a fully reasoned judgment from the High Court in relation to an application for pre-action disclosure.  Here we have a case where the rules and principles were considered an applied.  There are some important lessons here in relation the rules and supporting evidence.

(This was no...

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