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ARTICLE · 04 MAY 2016

Pre-litigation discovery in Queensland: is it possible?

For pre-litigation or preliminary discovery in Queensland, litigants may seek interrogatories and Norwich Pharmacal orders.

AustraliaLitigation, Mediation & Arbitration

In brief - Litigants may seek interrogatories and Norwich Pharmacal orders

Whilst Queensland's Uniform Civil Procedure Rules 1999 (UCPR) do not contain specific rules governing pre-litigation or preliminary discovery, the rules concerning interrogatories and the court's willingness to follow the decision of Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 do in fact provide a platform for preliminary discovery in Queensland.

Queensland courts may allow interrogatories under rule 229 of the UCPR

Potential litigants are often faced with the problem of not knowing the identity of the proper defendant or requiring further information and documents from a third party (such as a bank) to decide whether it is worth pursuing a claim against a potential defendant.

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