Disclosure Obligations and Dealing with Disputes about Disclosure

In an exclusive Q&A session with Legalwise Seminars, Alicia Hill, Principal at Sladen Legal, addresses key questions regarding disclosure obligations and dealing with disputes. Hear more from her at the Civil Litigation: From Preparation to Hearing conference taking place Thursday, 24 August.

In your view, why is it important for practitioners to understand the disclosure rules and how they might deal with some common areas of dispute?

It is important that practitioners understand disclosure rules to:

• ensure no more work is undertaken completing disclosure than what is required for cost efficiency,
• that there is a sound understanding to inform clients what needs to be disclosed as well as analysing and identifying which of the documents provided is a disclosable document;
• there is a proper basis for pressing for disclosure where it is apparent there are documents likely to be in existence that are missing.

What’s the current approach taken by the Court towards disclosure and have there been any recent cases of note highlighting disclosure?

Applications about disclosure, or more often than not, inadequate or incomplete disclosure, are regular occurrences. This session will discuss some of the recent decisions as case studies of some of the repeat issues.

Is there one key takeaway you would want delegates to get from your presentation on Disclosure Obligations and Dealing with Disputes about Disclosure at Legalwise Seminars forthcoming Civil Litigation: From Preparation to Hearing Conference on Thursday, 24 August?

My key takeway would be to remember that the requirement to disclose is linked to the issues in dispute. Practitioners need to ensure they understand the allegations in the pleadings to identify what is in dispute and therefore what needs to be disclosed.

Alicia Hill is an Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator, and a graded arbitrator with the Resolution Institute. Alicia practices as a Principal in the Dispute Resolution and Litigation team of Sladen Legal in Melbourne. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty expertise in Franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising. a board member of the Law Institute of Victoria’s Accredited Specialists Board and has been recognised by her peers in the Best Lawyers awards for Litigation since 2016. Connect with Alicia via LinkedIn