How document disclosure works

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Disclosure is the process where you and other parties ask each other for copies of all documents that are relevant to the case.¹ Initially, this may be an informal process between the parties. If everything is in order, tell the registrar that you have completed disclosure.

However, if you and the other parties can’t agree there is a formal process to obtain relevant documents. This is outlined below.

Where penalties are claimed, attention is drawn to reg 39(2)²of the Employment Court Regulations.

Notice requiring disclosure

If the other party doesn't provide relevant documents that you need, you can serve them with a notice requiring disclosure (Form 6). You can only ask for documents that are relevant to matters that are in issue and are in that party’s possession, custody or control. If the other party believes that you have requested a document that is not relevant, they can ask the Court to determine its relevance or if it is privileged.

You do not need to file this notice.

Within 14 clear days of being served with a notice requiring disclosure, the other party must:

assemble all the relevant documents, including original version of these where they are available
make a list of or index of documents
advise you of the time and place that you can inspect the documents
if a document is no longer in that party's possession, advise what happened to the document.

Find Form 6 notice requiring disclosure on our forms and fees page.

Find out more about completing, filing and serving documents and getting professional help.

Objection to disclosure

If you are served with a notice requiring disclosure and you claim that a document is irrelevant or is privileged in law³ you must serve the other party with a notice of objection to disclosure (Form 7) within five clear days from receipt of the notice requiring disclosure.

You do not need to file this notice.

Find Form 7 objection to notice requiring disclosure on our forms and fees page.

Find out more about completing, filing and serving documents and about getting professional help.

Challenge to objection to dislosure

If you are served with a notice of objection to disclosure and you disagree with the objection, file and serve on the other party a challenge to objection to disclosure (Form 8). This application will be heard by a judge. You will be advised of the time, date and place of the hearing, if a hearing in person is required. The Court may decide to determine the objection on the papers.

You must file this application (together with copies of the notice requiring disclosure and the objection to disclosure) within five clear days from receipt of the objection to disclosure.

File two copies of all the required documents along with the filing fee.

Find Form 8 challenge to objection to disclosure and the fee information on our forms and fees page.

Find out more about completing, filing and serving documents and about getting professional help.

Application for verification order

If you are dissatisfied with the adequacy of disclosure, you can file an application for a verification order (Form 9).

If granted, the verification order will require the other party to disclose in an affidavit:

if a particular document is (or has been) in their possession, custody or control
if the document is not in their possession, what happened to it.

You must file this application within five clear days after the date of disclosure.

File two copies of the form along with the filing fee.

Find Form 9 application for verification order and the fee information on our forms and fees page.

Find out more about completing, filing and serving documents and about getting professional help.

Footnotes

This page was last updated: 17th September 2021