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discovery

This is an old revision of the document!


Discovery

  • Discovery is the process by which each party discloses the documents in its possessions relevant to the proceedings.
  • In NSW discovery in the equity division is now called disclosure and handled slightly differently. see Practice Note No. SC Eq 11
  • In arbitration the process is to be determined firstly by consent1) and if not by consent then the arbitrator may determine an appropriate procedure after hearing submissions from the parties.
  • Electronic discovery is often undertaken by the parties before Mr White.
  • Often a Redfern Schedule is used to determine the classes of documents which will be discovered.

More Information

1) Our Steve White takes the position that the arbitration process belongs to the parties and not the arbitator. Other arbitrators may not agree to such an approach.

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