Victorian Numbered Acts

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CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010) - SECT 35

Protection and use of information and documents disclosed under pre-litigation requirements

    (1)     A person involved in a civil dispute who receives any information or documents provided by another person involved in a civil dispute in accordance with the pre-litigation requirements is subject to an obligation not to use the information or documents, or permit the information or documents to be used, for a purpose other than in connection with—

        (a)     the resolution of the civil dispute between the persons involved in the civil dispute; or

        (b)     any civil proceeding arising out of the civil dispute.

    (2)     The obligation under subsection (1) is taken to be an obligation to the court, contravention of which constitutes contempt of court.

    (3)     A person involved in a civil dispute or a party

        (a)     may agree in writing to the use of information or documents otherwise protected under subsection (1); or

        (b)     may be released from the obligation imposed under subsection (1) by leave of the court.

    (4)     Without limiting this section or discovery in any civil proceeding any documents exchanged in accordance with the pre-litigation requirements

        (a)     are required to be discovered in any subsequent civil proceeding to be admissible in that proceeding; and

        (b)     may be available for use in any subsequent civil proceeding accordingly.

    (5)     Nothing in this section limits any other undertaking to a court (implied or specific) whether at common law or otherwise, in relation to information or documents disclosed or discovered in a civil proceeding.



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