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- Relief from sanctions denied after non-compliance with disclosure unless order
- Report from FTI Consulting and Relativity on the ever-widening role of general counsel
- Chris Dale interviews AJ Shankar, CEO of Everlaw
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- Ari Kaplan and Relativity on maximising data collections
- Solicitor advises client to delete social media posts. An indemnity costs order seems a light punishment
- Hard copy documents destroyed after notification of a claim
- The text of the Disclosure Pilot amendments from 1 November
- Navigating the Disclosure Pilot – ACEDS webinar on 15 November
- The main points from the International Panel at Relativity Fest
- Relativity Trace gets new data cleansing capabilities
- Relativity Fest 2021 – the pervasive effect of privacy and data protection
- A discursive look at Prince Andrew and the service of US proceedings
- Emoji eDiscovery – coming to a case near you shortly
- Would you want to go back to the old rules? Further thoughts on the changes to the Disclosure Pilot Scheme
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Category Archives: Australian courts
Interview: David Horrigan of Relativity talks about Relativity Fest and RelativityOne
Relativity Fest is Relativity’s big conference, held this year in Chicago between 22 and 25 October. David Horrigan is eDiscovery counsel and Legal Content Director for Relativity, which gives him an important role in the preparation for Relativity Fest. I … Continue reading
Technology-assisted review in Australia – two cases and a Practice Note all worth considering elsewhere
Australia has now joined the common law jurisdictions in which courts have permitted the use of technology-assisted review and got involved in prescribing the mechanics. In one case it was the judge who was the first to raise the subject. The courts … Continue reading
Xerox Litigation Services – eDiscovery Down Under
Rachel Teisch, VP of Marketing at Xerox Litigation Services, is establishing a pattern of writing short helpful articles about different jurisdictions which are designed to give a brief summary of the most important factors applicable in each. Her article from … Continue reading
Posted in Australian courts, Discovery, eDiscovery
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No disclosure in New South Wales Equity Division without exceptional circumstances
I have referred before to Practice Note SC EQ 11 in the Equity Division of the Supreme Court of New South Wales. Its key paragraph reads as follows: The Court will not make an order for disclosure of documents (disclosure) … Continue reading
Australia, New Zealand and Hong Kong claiming eDiscovery attention
Australia, New Zealand and Hong Kong only look close together when viewed from a long way away. They all have a common law eDiscovery tradition, but it is coincidence of timing rather than any specific commonality which groups them together … Continue reading
Australian Discovery Report stresses Case Management, Consistency and Understanding
The Australian Law Reform Commission published its final report Managing Discovery: Discovery of Documents in Federal Courts at the end of May. The net effect of the recommendations is conveniently set out in the final issue of the ALRC’s Discovery … Continue reading
Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Litigation
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ALRC Update on the Australian Discovery Inquiry
Patrick Collins, Senior Legal Officer of the Australian Law Reform Commission, made a presentation at an ediscovery conference in Melbourne last week. I don’t miss many common law ediscovery conferences, but I was not at this one, and I am … Continue reading
Consultation paper on Discovery in Australian Federal Courts
If Lord Justice Jackson’s review of Civil Litigation Costs included the most important summary of disclosure and e-disclosure of 2010, the Australian Law Reform Commission’s Discovery Review will be the key analysis of 2011. The Attorney General’s terms of reference … Continue reading
Inquiry blog – Discovery of Documents in Australian Federal Courts
An Inquiry into the law, practice and management of the discovery of documents in litigation before Australian Federal Courts was launched by the Attorney-General in May 2010. I wrote about it at the time (see Terms of Reference for Australian … Continue reading
Australian ediscovery round-up
My conclusion after my recent visit to Sydney was that every jurisdiction which engages in ediscovery thinks that it is behind the others. This is certainly not true of Australia, and Master Whitaker and I were not merely being polite … Continue reading
Lunch-time talk in Sydney with Nuix and KPMG
Knowing that Master Whitaker and I were going to be in Sydney for the Chilli IQ eDiscovery conference, Eddie Sheehy of Nuix invited us to speak at a lunch organised by Nuix and KPMG. The venue was a room on … Continue reading
Far and wide eDiscovery at the Chilli IQ conference in Sydney
Sometimes an unconscious theme develops during conferences. Appropriately, perhaps, given the “IQ” element in the organiser’s name, the point which recurred in Sydney was the use of human intelligence in parallel with the processing power and clever technology to get … Continue reading
Chris-crossing the globe for e-discovery
Sorry for the silence. It has been a bit busy here – not just “here” which is Sydney, but in the short gap in England between leaving Las Vegas and setting off for here. It is a brisk sunny morning … Continue reading
Terms of Reference for Australian Discovery review
I have already reported that the Australian Attorney General has commissioned a review of discovery laws. We now have sight of the formal Terms of Reference which embed the purpose of the review firmly in the title – “to improve … Continue reading
A week of change in e-Disclosure as well as in politics
It is not often that you look back over a week or so and know that you will always remember it. Eight days ago, we had the same government as we had had for 13 years; now, not only the … Continue reading
Imminent reform in prospect for Australian discovery process
Reform of the discovery process in Australia is said to be “imminent”, according to an article in the New Lawyer. The article says that the Attorney General has asked the Australian Law Reform Commission to explore options to promote the … Continue reading
New web site for e.law Asia-Pacific
I can see why it has taken e.law some time to assemble their new website following the acquisition of CCH Workflow Solutions in November 2009. The integrated business now covers a very broad range of activities across a wide geographical … Continue reading
Nuix joins the e-Disclosure Information Project
I am delighted to welcome eDiscovery and electronic investigation software company Nuix as the latest sponsor of the e-Disclosure Information Project. The connection began at the Ark Group eDiscovery conference in Sydney last year when I found myself sitting next … Continue reading
E-Discovery and Judicial Involvement in Australia
Project Counsel is the sister site to The Posse List, both run by the ubiquitous Gregory Bufithis. Project Counsel’s web site carried an article on 25th February with the title In Australia, e-Discovery and enhanced judicial involvement come of age … Continue reading
You cannot really complain at a full InBox and lots of tweets
A day in London leaves me with a pile of e-mails and a heap of tweets – all signs of a lively market, and to be welcomed despite the time it will take to catch up. Add a crusading podcast, … Continue reading
Posse List interview with e.law Asia Pacific: the spike in e-discovery work in Asia
I was speaking in Singapore when news broke of e.law’s acquisition of CCH Workflow Solutions. It added to my general impression (which I was bold enough to turn into a prediction) that the Asia-Pacific region was the place to watch … Continue reading
Virtual LegalTech round-up
The general reaction to ALM’s Virtual LegalTech by its participants and delegates seems generally to be positive. If, as Charles Christian said on Twitter afterwards, it had a 1990s feel to it, well, that can doubtless be improved upon in … Continue reading
Federal Court of Australia re-issues PN 17
Your heart sinks when you see a headline like that. PN 17 re-issued already? It only came into force in February. What can have turned up which warranted re-issuing it? It transpires that this is the result of a re-numbering … Continue reading
Posted in Australian courts, Court Rules, Courts, Discovery, eDisclosure
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Australia at the centre of the discovery world
The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading
Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail
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Fast Track Directions in Australian Federal Court
The Australian Federal Court has promulgated new Fast Track Directions which aim to get a case finished within 5 to 8 months, and to reduce costs by limiting discovery and avoiding lengthy interlocutory disputes. I have noted before that the … Continue reading
Not going to Canada for the second time this month
As you may recall, I was not able to go to a meeting in Toronto at the beginning of April, when Senior Master Whitaker and I had hoped to see Justice Campbell and others to talk about common ground between … Continue reading
Welcome to FTI Technology as a sponsor of the e-Disclosure Information Project
It is very good to welcome FTI Technology as a sponsor of the e-Disclosure Information Project. FTI Technology is a segment of FTI Consulting, Inc., a global business advisory firm, and brings immense resources to bear on the acquisitions and … Continue reading
KordaMentha picks EnCase from Guidance Software for Australian eDiscovery
Like sport and so much else, the idea of proving a legal case by discovery of documents is an old English concept which was adopted wherever the English had a hand in establishing a system of law. America kept it … Continue reading
Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Litigation Support, Regulatory investigation
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Discovery Practice Note issued in Australia
The Chief Justice of the Federal Court of Australia yesterday gave effect to the long-awaited Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation. Those of us involved in drafting … Continue reading
Identify early and co-operate in 2009
As I sign off for Christmas, I would like to thank all those who have sponsored, supported or in any other way encouraged the e-Disclosure Information Project in 2008 and wish you all a Merry Christmas and a Happy New … Continue reading
Mancia: interest in US being interested in them
A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading
Australian judgment served via Facebook
Lawyers in Australia have served a default judgment on borrowers by sending it via Facebook. The Supreme Court of Australian Capital Territory gave leave for service to be effected in this way because the borrowers had left their last-known address. … Continue reading
Reviewing the Commercial Court Recommendations
The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading
Ignorance of mainstream technology may cost you
Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading
Speaking and listening in Australia
Sydney feels familiar from the moment you step off the plane. It is not just its culture, language and architecture which makes you feel at home – its law, its information management issues, the remedies available to judges and the … Continue reading
Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, KPMG, Kroll, LexisNexis, Litigation, Litigation Readiness, Litigation Support
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e-Disclosure conference list updated
The next round of conferences begins on 10 and 11 September with Ark Group’s Adopting practical guidelines for E-Disclosure management at which I am again speaking with HHJ Simon Brown QC. Our subject is Preparing Judges to make effective e-Disclosure … Continue reading
The Aussie e-Discovery Dream Team
Renée Lee, International Marketing Director at Guidance Software, is leaving Guidance and will shortly be joining eDiscovery Tools. The e-Disclosure Information Project’s loss on one side is balanced by a gain on the other I had been two days in … Continue reading
Waltzing off to Australia
I have for some time been mentioning Australia as the jurisdiction to watch for developments in court rules and procedures relating to case management and, in particular, the handling of electronic documents. They warrant a closer look on my part, … Continue reading
Catching up will have to wait
I had hoped by now to have written up the talks which HHJ Simon Brown QC and I gave to two groups of judges in the last two weeks, but time is against me and a short summary will have … Continue reading
Rocket Dockets in Australian case management
We do not need an express “rocket docket” jurisdiction for everyone to agree that some or all of the case stages may be speeded up or dispensed with. It is, however, worth seeing what is happening in Australia. Seamus Byrne … Continue reading
Summation of e-disclosure responsibilities
Wolters Kluwer, owners of CT Summation, invited me to speak on 20 May as part of their series of thought-leadership talks. The subject was e-Disclosure costs and responsibilities: a primer for in-house and external counsel. I had adopted the theme … Continue reading
Guidance on benefits of e-Disclosure Project
If it was slightly embarrassing to find myself the principal subject-matter of a speaker session at the IQPC Information Retention and E-Disclosure Management Conference last week, it is even more so to have the task of writing about it afterwards. … Continue reading
Posted in Australian courts, Case Management, CaseLogistix, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FoxData, Guidance Software, IQPC, Law Society, LexisNexis, Litigation Support
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E-disclosure conferences and seminars 2008
I have updated on my web site the list of conferences, seminars and similar events known to me for 2008, with hyperlinks to the programmes where they are available. I have left up the programmes for the past events, since … Continue reading
Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, ILTA Insight, IQPC, Law Society, Litigation Readiness, Litigation Support, The Lawyer
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Bringing International Discovery home to all
What is the relevance to UK solicitors of a presentation on International Discovery delivered recently by an Australian in Las Vegas? The answer lies in 200 documents – for that is the new mandatory threshold in Australia for using e-Disclosure … Continue reading
Standard Mercantile Court Directions
The old cliches are the best of course, and I feel just now that we have reached the summit after pushing snow uphill for years (15 years in my case). The snowball is poised to roll downhill, gathering momentum and … Continue reading
E-discovery progress in Australia
There is a more than theoretical interest in what is happening in disclosure in other jurisdictions. We are all facing the same challenges, and it is helpful to know what the problems, and the perceived solutions, are in far-away places … Continue reading
Basketball pointers for litigation management
eDiscovery Tools is an Australian company which makes software for processing e-mail and other electronic documents for litigation and similar purposes. Its main product is eDiscovery Processor, used by law firms, corporate clients, government departments and litigation support bureaux to … Continue reading
Trilantic sessions round off LegalTech
As in previous years, Trilantic organised three sessions for the last day of LegalTech. They are generally less formal than the other sessions and, as I have said elsewhere, take important subjects with a light tone. I thought I would … Continue reading
Australia updates Federal Court ediscovery rules
New court rules for handling electronic documents are expected in Australia before the end of 2007. They will bite on as few as 500 documents, there will be a court-appointed expert to manage cases, and there is a massive investment … Continue reading
eDisclosure Information Project 