Preliminary Disclosure In Queensland — Rules 208C–208G

Article Summary

Queensland’s preliminary disclosure rules provide two narrow forms of relief before substantive proceedings are commenced. Rule 208C assists an applicant who may have a right to relief but, despite reasonable inquiries, cannot sufficiently identify or locate the prospective defendant. Rule 208D serves a different purpose. It allows an applicant to seek a document from an identified prospective defendant where it is impracticable to commence without reference to that document and inspection would assist the decision whether to sue.

Neither rule creates a general right to investigate another person’s affairs before litigation. The application must be supported by evidence addressing each element of the relevant rule, and the information or documents sought must be defined closely enough for the Court to make a workable order. Even then, relief is discretionary.