Australia: Disclosure & Electronic Discovery & Privilege

The High Court has unanimously ruled that a wife's secret recording of her husband admitting to rape was lawfully obtained and admissible as evidence. This landmark decision significantly expands when covert recordings can be used in domestic violence and sexual assault prosecutions, potentially transforming how such cases are prosecuted across Australia.

When police contact you about a criminal investigation, understanding your rights and obligations becomes critical to protecting your legal position. This comprehensive guide examines what happens during police investigations, whether you should participate in interviews, and how early legal advice can significantly impact the outcome of your case.

Under Queensland's Uniform Civil Procedure Rules, parties to civil litigation face automatic and continuing obligations to disclose all documents in their possession or control that are directly relevant to disputed allegations. This comprehensive guide examines the scope of disclosure duties, the meaning of key concepts like possession, control and direct relevance, and how courts exercise their powers to manage the disclosure process in modern litigation involving both traditional and electronic evidence.

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

The company waived its right to legal professional privilege by disclosing a privileged report to ASIC in an investigation.

Anyone engaging in court proceedings should be aware of the Harman undertaking & its applicability to documents in proceedings.

In the defamation case, the court did not need to place weight on the expert evidence of the forensic lipreader.