What is required of a party when they wish to disclose documents related to damages?

The correct understanding is that a party intending to disclose documents related to damages is typically not required to wait until a request is made by the other party. Instead, they should be proactive in disclosing relevant documents to ensure compliance with their obligations under the rules of disclosure.

In the context of legal proceedings, parties have a duty to disclose documents relevant to the issues at hand, including evidence pertaining to damages, even without a request. This obligation promotes transparency and aids in the efficient conduct of litigation. Therefore, the requirement of a request being made by the other party before disclosure is not aligned with the principles of timely and full disclosure as practiced in Queensland.

The expectation is that parties will provide relevant documents as part of the discovery process, which includes those related to damages. This proactive approach minimizes the chances of surprises during trial and enhances the overall integrity of the legal process. Hence, disclosure of documents should not be contingent on a request from the opposing party; rather, it is part of a broader duty to manage and present one’s case responsibly.