E-DISCOVERY LAW IN AUSTRALIA

The Federal Court of Australia’s new Practice Notice entitled ‘Document Management, Discovery and the Use of Technology in the Conduct of Litigation,’ is now due to come into effect in early 2009. The new rules make e-discovery compulsory and create a two-track system of ‘basic’ disclosure and ‘advanced’ disclosure of documents. The guidelines also provide measures to reduce duplication and to aid retrieval.

The following questions have been addressed in this article:

Who is responsible for implementing the new procedures under the Practice Notice?
What should litigants and legal teams do in response to the new guidelines pertaining to e-discovery?
What other technological developments are underway in the field of e-discovery?

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