What is disclosure in a Queensland civil case?
Disclosure is the legal process where you provide the other party with all documents in your possession or control that are directly relevant to the issues in dispute. It ensures both sides have access to key information and prevents surprises at trial.
Disclosure is a core part of civil litigation in Queensland and is required by law under the
What is disclosure in a Queensland civil case?
Disclosure is the legal process where you provide the other party with all documents in your possession or control that are directly relevant to the issues in dispute. It ensures both sides have access to key information and prevents surprises at trial.
Disclosure is a core part of civil litigation in Queensland and is required by law under the Uniform Civil Procedure Rules 1999 (Qld). It applies whether you’re bringing a claim or defending one.
Why does disclosure matter to your case?
If you don’t properly disclose documents, you may not be allowed to use them in court, even if they help your case. You could also be ordered to pay the other party’s legal costs.
At Butler McDermott Lawyers, our litigation team draws on over 100 years of experience supporting clients across the Sunshine Coast. We ensure you meet all disclosure requirements and avoid critical mistakes that could harm your outcome.
What counts as a ‘document’ for disclosure?
A ‘document’ includes any record of information, whether written, digital, or otherwise, that relates to the dispute. This definition goes far beyond just printed contracts or letters.
Examples include:
-
Text messages and call logs
-
Emails (personal or business)
-
Social media messages and posts
-
Invoices and receipts
-
Handwritten notes or diaries
-
Photographs (digital or printed)
-
Documents stored on phones, laptops, or cloud services
How do you know which documents to disclose?
You must disclose documents that are directly relevant to the issues being disputed in the case pleadings, such as your statement of claim, defence, or reply. If a document could help prove or disprove a key point that the other side hasn’t admitted, it likely needs to be disclosed.
If you’re unsure whether a document is relevant, the safest option is to flag it for our team. We’ll help you assess it based on the specific facts of your case.
What’s the difference between documents in your possession and under your control?
You must disclose documents you physically have (possession) and those you can obtain from someone else (control). Control means you’re entitled to request a copy, such as from your bank or doctor.
Here are examples:
-
In your possession: Photos or texts stored on your phone, printed receipts, emails saved on your computer
-
Under your control: Tax records from your accountant, medical reports from your GP, financial statements from your bank
What’s the best way to start preparing your disclosure documents?
Begin by searching your records and identifying anything that may relate to the dispute. Then organise those documents electronically and provide a brief description of each to help your legal team assess relevance.
Here’s a simple process to follow:
1. Review the key issues in dispute
Ask yourself:
-
What am I trying to prove or disprove?
-
What allegations or denials are at the centre of the dispute?
2. Search for relevant documents
Look across:
-
Emails (inboxes and deleted folders)
-
Text messages or WhatsApp conversations
-
Notes, photos, receipts, voice memos
-
Your phone, laptop, cloud drives, printed records
3. List and label your findings
Create a document list with short descriptions, such as:
-
“Email from supplier re: delivery delays – 18 May 2023”
-
“Screenshot of invoice paid – 2 Jan 2024”
-
“Photo of damaged fence – 7 July 2024”
4. Send them to your legal team
We’ll assess what must be disclosed and prepare the formal disclosure list.
Do you need to keep disclosing documents after the list is submitted?
Yes. Your duty of disclosure continues until the case is finalised. If new documents are discovered or the pleadings change, you must disclose any newly relevant documents within 7 days.
At Butler McDermott Lawyers, we help you stay compliant every step of the way. We monitor changes in your case and follow up on any additional disclosure needs as they arise.
What happens if you don’t comply with disclosure rules?
Failing to disclose relevant documents can have serious consequences. You may:
-
Lose the right to rely on the document in court
-
Face adverse cost orders
-
Damage your credibility with the court
That’s why we take a proactive, detail-oriented approach to disclosure. We protect your rights while ensuring full compliance with Queensland law.
How can Butler McDermott Lawyers help with disclosure?
We make the disclosure process straightforward and stress-free. Our litigation team will:
-
Explain your disclosure duties in plain English
-
Help you identify and organise relevant documents
-
Prepare your formal disclosure list and manage deadlines
-
Guide you through any updates or disputes about disclosure
With over a century of experience in Queensland litigation and a reputation built on trust, we’re here to support you at every stage of your civil case.
Need guidance on disclosure in your civil case?
Don’t risk your case by getting disclosure wrong. Our experienced litigation team will help you prepare the right documents, meet all court deadlines, and protect your position from day one.
Contact us today on 07 5648 2818 or visit butlermcdermottlawyers.com to book a consultation. We’ll provide clear, practical advice tailored to your situation so you can move forward with confidence.
It applies whether you’re bringing a claim or defending one.
Why does disclosure matter to your case?
If you don’t properly disclose documents, you may not be allowed to use them in court, even if they help your case. You could also be ordered to pay the other party’s legal costs.
At Butler McDermott Lawyers, our litigation team draws on over 100 years of experience supporting clients across the Sunshine Coast. We ensure you meet all disclosure requirements and avoid critical mistakes that could harm your outcome.
What counts as a ‘document’ for disclosure?
A ‘document’ includes any record of information, whether written, digital, or otherwise, that relates to the dispute. This definition goes far beyond just printed contracts or letters.
Examples include:
-
Text messages and call logs
-
Emails (personal or business)
-
Social media messages and posts
-
Invoices and receipts
-
Handwritten notes or diaries
-
Photographs (digital or printed)
-
Documents stored on phones, laptops, or cloud services
How do you know which documents to disclose?
You must disclose documents that are directly relevant to the issues being disputed in the case pleadings, such as your statement of claim, defence, or reply. If a document could help prove or disprove a key point that the other side hasn’t admitted, it likely needs to be disclosed.
If you’re unsure whether a document is relevant, the safest option is to flag it for our team. We’ll help you assess it based on the specific facts of your case.
What’s the difference between documents in your possession and under your control?
You must disclose documents you physically have (possession) and those you can obtain from someone else (control). Control means you’re entitled to request a copy, such as from your bank or doctor.
Here are examples:
-
In your possession: Photos or texts stored on your phone, printed receipts, emails saved on your computer
-
Under your control: Tax records from your accountant, medical reports from your GP, financial statements from your bank
What’s the best way to start preparing your disclosure documents?
Begin by searching your records and identifying anything that may relate to the dispute. Then organise those documents electronically and provide a brief description of each to help your legal team assess relevance.
Here’s a simple process to follow:
1. Review the key issues in dispute
Ask yourself:
-
What am I trying to prove or disprove?
-
What allegations or denials are at the centre of the dispute?
2. Search for relevant documents
Look across:
-
Emails (inboxes and deleted folders)
-
Text messages or WhatsApp conversations
-
Notes, photos, receipts, voice memos
-
Your phone, laptop, cloud drives, printed records
3. List and label your findings
Create a document list with short descriptions, such as:
-
“Email from supplier re: delivery delays – 18 May 2023”
-
“Screenshot of invoice paid – 2 Jan 2024”
-
“Photo of damaged fence – 7 July 2024”
4. Send them to your legal team
We’ll assess what must be disclosed and prepare the formal disclosure list.
Do you need to keep disclosing documents after the list is submitted?
Yes. Your duty of disclosure continues until the case is finalised. If new documents are discovered or the pleadings change, you must disclose any newly relevant documents within 7 days.
At Butler McDermott Lawyers, we help you stay compliant every step of the way. We monitor changes in your case and follow up on any additional disclosure needs as they arise.
What happens if you don’t comply with disclosure rules?
Failing to disclose relevant documents can have serious consequences. You may:
-
Lose the right to rely on the document in court
-
Face adverse cost orders
-
Damage your credibility with the court
That’s why we take a proactive, detail-oriented approach to disclosure. We protect your rights while ensuring full compliance with Queensland law.
How can Butler McDermott Lawyers help with disclosure?
We make the disclosure process straightforward and stress-free. Our litigation team will:
-
Explain your disclosure duties in plain English
-
Help you identify and organise relevant documents
-
Prepare your formal disclosure list and manage deadlines
-
Guide you through any updates or disputes about disclosure
With over a century of experience in Queensland litigation and a reputation built on trust, we’re here to support you at every stage of your civil case.
Need guidance on disclosure in your civil case?
Don’t risk your case by getting disclosure wrong. Our experienced litigation team will help you prepare the right documents, meet all court deadlines, and protect your position from day one.
Contact us today on 07 5441 1044 or visit butlermcdermottlawyers.com to book a consultation. We’ll provide clear, practical advice tailored to your situation so you can move forward with confidence.
