What is the scope of the duty of disclosure in Queensland proceedings?

The duty of disclosure in Queensland proceedings encompasses a comprehensive obligation for parties to disclose all relevant documents that are in their possession or control. This duty is a fundamental aspect of the pre-trial process, ensuring that both parties have access to information necessary for a fair trial. The term "documents" is interpreted broadly and can include physical documents, electronic records, and any materials that might be pertinent to the issues being litigated.

This wide-ranging duty promotes transparency and aims to prevent surprises during trial, facilitating a fair examination of the evidence. It ensures that all relevant material is taken into account before the trial commences, allowing for a more informed and equitable resolution of the disputes. The duty of disclosure is not merely limited to documents voluntarily shared or those presented at trial but includes everything within a party's control that could impact the proceedings.

The other options do not accurately capture the breadth of the duty. For instance, limiting it to voluntary disclosures, restricting it to non-party situations, or confining it only to trial evidence would undermine the objective of fair trial principles that underpin the legal system.