What is indicated by the term 'duty of disclosure' in the context of Queensland practice?

The term 'duty of disclosure' in the context of Queensland practice refers to the obligation of parties involved in legal proceedings to disclose relevant documents and information that may affect the outcome of a case. This principle ensures that all parties have access to pertinent evidence, fostering a fair trial and promoting justice. It encompasses the requirement to provide any documents that are relevant to the issues in dispute, allowing both parties to prepare adequately for their cases.

The duty of disclosure serves as a foundational element in the litigation process, ensuring that the court can consider all relevant evidence when making its determinations. This transparency aids in the resolution of disputes by minimizing the surprise elements that could otherwise detract from the fairness of proceedings.

In contrast, the other options do not accurately reflect the nature of this duty. It is not limited to criminal cases, it is not discretionary, and it does not pertain exclusively to expert witnesses. Therefore, the understanding of the duty of disclosure as a requirement for disclosing relevant documents is crucial in Queensland legal practice.