Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 43D

43D Filing of application for disclosure obligation direction

(1) The applicant may file the application for a disclosure obligation direction if—

(a) the applicant receives a respondent’s response but the response is not satisfactory to the applicant; or

(b) the applicant does not receive a respondent’s response within the nominated time.

(2) The applicant must file all of the following documents with the application—

(a) a copy of the applicant’s communication;

(b) if the respondent gave a respondent’s response—a copy of the response;

(c) a copy of any other relevant correspondence exchanged between the applicant and the respondent.

(3) The application must be filed, and served on each other party to the relevant proceeding—

(a) if the relevant proceeding is a prescribed summary trial or a committal proceeding as mentioned in the Code , section 590AD , definition relevant proceeding —not later than the day before the date set by the court for the commencement of the hearing of evidence in the proceeding; or

(b) if the relevant proceeding is a trial on indictment as mentioned in the Code , section 590AD , definition relevant proceeding —

(i) if the trial starts less than 28 days after presentation of the indictment—before evidence starts to be heard at the trial; or

(ii) otherwise—not more than 28 days after presentation of the indictment.

(4) Unless the court otherwise directs, the material before the court in relation to an application for a disclosure obligation direction must include the application for the disclosure obligation direction and the documents mentioned in subrule (2) .