In the context of urgent ex parte applications, what must a practitioner disclose to the court?

In the context of urgent ex parte applications, the requirement for a practitioner to disclose any information that may affect the court's decision is fundamental to the integrity of the judicial process. During an ex parte application, where only one party is present, it is crucial that the court is provided with a complete and honest account of all relevant information to ensure a fair determination.

This obligation encompasses not only evidence that supports the applicant's case, but also any contrary evidence or information that might lead the court to a different conclusion. The rationale behind this requirement is to prevent any potential abuse of the ex parte procedure, where one party might otherwise gain an unfair advantage by withholding unfavorable information.

By disclosing all pertinent information, including elements that may challenge the applicant's claims or the legitimacy of the urgency, the practitioner upholds the duty to the court and promotes a just legal process. This transparency is essential for the court to make fully informed decisions that are not only in favor of justice but also in alignment with the principles of natural justice.

Other options, such as only disclosing positive evidence or solely providing information that supports the applicant's case, contravene this ethical and procedural duty. They fail to recognize the court's need for a balanced view essential for a fair