“Critical to the resolution of the dispute” includes early settlement: Victorian Supreme Court sheds further light on parties’ obligations to disclose critical documents under section 26 of the CPA
The Victorian Supreme Court in Tambanis v OrthoDx Holdings Ltd confirms that “critical documents” under s.26 of the Civil Procedure Act 2010 (Vic) extend beyond issues of liability to include material relevant to relief, and may encompass documents that facilitate early settlement even if not strictly discoverable.