Australia: Disclosure & Electronic Discovery & Privilege

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.

Australia Litigation

B

Barry Nilsson

The Inquest Series: The ‘right to silence' in Coronial Inquests

How the privilege against self-incrimination is applied in coronial inquests across Australia.

Australia Litigation

B

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks...

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

In what instance will an application to reopen a case to introduce further expert reports be refused?

Australia Litigation

E

ExpertsDirect

Effect of delayed efforts in sourcing experts

Australia Litigation

E

ExpertsDirect

Jarryd Hayne's successful appeal: The reasons for the result

Australia Litigation

SC

Sydney Criminal Lawyers

Federal Court rejects Optus' legal privilege claim over cyber-attack report: Observations & Lessons

Australia Litigation

PA

Piper Alderman

Crypto platform relieved from liability following contraventions of the Corporations Act

Australia Litigation

HR

Holding Redlich

What is the effect if two expert statements are almost identical?

Australia Litigation

E

ExpertsDirect

Inside Employment Podcast Series - Episode 2: Policy Parallels – Industrial Relations And Immigration (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Do I have to tell my employer about my criminal record?

Australia Criminal

HP

Hall Payne Lawyers

It depends – Trust vesting

Australia Commercial

CG

Cooper Grace Ward

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

2025 Federal Budget And Australian Immigration

Australia Immigration

IL

Interstaff Immigration Agency

Legal professional privilege and experts' reports – what's covered, what's not, and how difficult it can be to get it right

Exactly what is protected by LPP will vary depending on context.

Australia Litigation

BP

Bartier Perry

When may an expert be considered an advocate and no longer of assistance to the court?

Examples of acts by an expert witness that would constitute advocating for one of the parties.

Australia Litigation

E

ExpertsDirect

Waiver of legal professional privilege in regulatory investigations

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

Australia Litigation

HR

Holding Redlich

Justice Lee's judgment a reminder to the profession of the importance of the Harman undertaking in all areas of litigation

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

Australia Litigation

CO

Carroll & O'Dea

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

Australia Litigation

E

ExpertsDirect

Case summary – Marijana Ljubicic v Heat and Control & Anor

Australia Litigation

CO

Carroll & O'Dea

When new evidence is not considered fresh

Australia Litigation

E

ExpertsDirect

Admissibility of expert evidence regarding controversial tweets

Australia Litigation

E

ExpertsDirect

Legal Professional Privilege and Confidence: Keep it secret! Keep it safe!

Australia Privacy

BP

Bennett & Philp Lawyers

What is an Independent Medical Examination (IME) and what role does it play in your NSW personal injury claim?

Australia Litigation

CO

Carroll & O'Dea

Case summary – Legal professional privilege - Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330

Australia Litigation

CO

Carroll & O'Dea

Pretext Calls in Sexual Assault Allegations

Australia Criminal

CD

Criminal Defence Lawyers Australia

The difficulties facing plaintiffs in slip and fall claims: A case summary of Macari v Snack Brands Foods Pty Ltd (NSWSC)

Australia Litigation

CO

Carroll & O'Dea

What is a claim for medical negligence? An easy guide for Tasmanians

Australia Healthcare

CO

Carroll & O'Dea

Case summary – Legal professional privilege - Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330

Written material by an expert in preparation for a verbal opinion may need to be disclosed in subsequent court proceedings.

Australia Litigation

CO

Carroll & O'Dea

Pretext Calls in Sexual Assault Allegations

Conducting a ‘pretext' call has become common practice for police investigating sexual assault allegations in New South Wales. This involves police obtaining a warrant and organising a call between the complainant and the accused.

Australia Criminal

CD

Criminal Defence Lawyers Australia

The difficulties facing plaintiffs in slip and fall claims: A case summary of Macari v Snack Brands Foods Pty Ltd (NSWSC)

Case summary – highlights responsibility of plaintiffs to prove the factual basis in slip and fall claims.

Australia Litigation

CO

Carroll & O'Dea

What is a claim for medical negligence? An easy guide for Tasmanians

An overview of a medical negligence claim in Tasmania and steps to take if you suspect you have a claim.

Australia Healthcare

CO

Carroll & O'Dea

What can I claim in my medical negligence case? An easy guide for Tasmanians

Australia Healthcare

CO

Carroll & O'Dea

What if you do not agree with a single expert report in your family law matter?

A single expert report is written by an expert witness in relation to a particular issue in a family law matter.

Australia Family

CG

Cooper Grace Ward

The Right to Silence in New South Wales

In 2013, NSW enacted section 89A of the Evidence Act, which curtailed the right to silence in certain situations.

Australia Litigation

SC

Sydney Criminal Lawyers

Approval of a court-appointed receiver's remuneration: Sufficiency of evidence in support of the remuneration claim

The information provided by the receiver was crucial in enabling the Court to assess the remuneration claim.

Australia Insolvency

CG

Cooper Grace Ward

How an emoji can land you in court

Be very clear when texting or emailing and avoid anything threatening such as emoji symbols depicting weapons.

Australia Litigation

S

Stacks Law Firm

Should a party pay costs for expert evidence that was abandoned?

Australia Litigation

E

ExpertsDirect

Undermining expert evidence – taking shortcuts and being Facebook friends

Australia Litigation

E

ExpertsDirect

Can the handwritten notes of an expert be converted into a communication for the purpose of legal professional privilege?

Australia Litigation

E

ExpertsDirect

Constable Daniel Keneally found guilty of fabricating evidence

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Federal Court hands down a privilege lesson for cyber and critical incident responses

Australia Litigation

CC

Corrs Chambers Westgarth

Do I have to testify in court? Explaining witness competence and compellability in New South Wales

Australia Litigation

SC

Sydney Criminal Lawyers

Child sex offence evidence program in NSW expands

Australia Criminal

CD

Criminal Defence Lawyers Australia

More on the Harman Obligation

Australia Litigation

HW

Holman Webb Lawyers

Police officer acquitted of fatally shooting teen must testify at coronial inquest

Australia Criminal

SC

Sydney Criminal Lawyers

Crime scene examinations: Police and lab bungles can lead to acquittal

Australia Criminal

SC

Sydney Criminal Lawyers

Assertions of embarrassment caused by duplicative expert evidence unfounded

Australia Litigation

E

ExpertsDirect

ChatGPT and the future of expert witness reporting

Australia Litigation

E

ExpertsDirect

Material facts: Why do criminal lawyers use some facts but not others?

Australia Litigation

SC

Sydney Criminal Lawyers

NSW Supreme Court reaffirms immunity for expert witnesses from suit

Australia Litigation

E

ExpertsDirect

Guidance on the extent of the Court's powers to order preliminary discovery of insurance documents

Australia Litigation

K

Kennedys

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Latest Videos

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Gathering evidence in your family law matter

CG

Cooper Grace Ward

Full Disclosure, Vol. 6: Surviving the suing process

MO

Mellor Olsson Lawyers

Concurrent Evidence Practices Survey

K

KordaMentha

[Podcast] Trouble in paradise: Protecting privilege after Glencore

LT

Level Twenty Seven Chambers

CU LAB: I've received a subpoena to produce documents in court - help! with Karen Ingram

CU

Clayton Utz

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