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PIPA Disclosure – Does ‘about the incident’ mean about the incident?
In Queensland, during the pre-litigation stage of personal injuries claims, one of the banes of defendant lawyers’ lives is responding to lengthy requests for disclosure, many of which seem to increasingly extend beyond the ambit of the disclosure obligations under the Personal Injuries Proceedings Act 2002 (the PIPA). This may partly be explained by the seemingly more liberal interpretation of the disclosure obligations given by the courts in recent times.
There are essentially two types of disclosure obligations under the PIPA: a positive obligation to disclose documents; and a reactive obligation to disclose information upon request. This article examines the scope of the obligation to disclose documents ‘about the incident’ and the scope of that phrase.
13 December 2024
- Expertise areas
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success.
With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
1 March 2023
- Expertise areas
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
1 December 2020
- Expertise areas
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
