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ARTICLE · 09 FEBRUARY 2022

The consequences of a failure to disclose

Gilchrist Connell
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Recent decision reaffirms the importance of parties completing full disclosure during the pre-court procedures of the Qld PIP Act.

AustraliaLitigation, Mediation & Arbitration
Brett Solomon
Brett Solomon
Mitchell Hauser
Mitchell Hauser
Isla McLeod
Isla McLeod
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A recent decision of the District Court of Queensland has reaffirmed the importance of parties completing full disclosure during the pre-court procedures of the Personal Injuries Proceedings Act 2002  (Qld) (Act).

In Eyles v Sydney Skydivers Pty Ltd [2022] QDC 1, Chief Judge Devereaux SC ruled that a defendant was precluded from relying on certain material at trial that had not been disclosed during the Act's pre-court procedures, despite the absence of any request from the plaintiff and the dispensing of certificates of readiness.

Obligations under the Act

The explanatory notes to the Personal Injuries Proceedings Bill 2002 provide that the "clear purpose of  [the Act] . is to put the parties in the position where they have enough information to assess liability and quantum in relation to a claim".

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