Discovery e-news | Final Issue

Issue 9 | May 2011 View original format

Final Report – now available!

Managing Discovery: Discovery of Documents in Federal Courts (ALRC Report 115) was tabled today in federal Parliament, and is now available on the ALRC website. You can view it in HTML, download it as a PDF, or purchase the report in book format.

The Report makes recommendations about, among other things: the production and inspection of documents prior to discovery; when parties should file discovery plans; best-practice guidelines on the formation and content of discovery plans; judicial and practitioner training; the role of registrars and referees; costs orders; pre-trial oral examinations; and data collection.

The ALRC believes that the net effect of its recommendations will be that:

  • judicial officers are encouraged and supported in their role as robust case managers;
  • parties and practitioners will have a clearer understanding of what is expected of them in relation to discovery obligations;
  • the scope of discovery will be defined more clearly and in the context of an understanding of how information is stored and can be accessed; and
  • the clarity of expectations and certainty in obligations will help to maintain proportionality in discovery costs.

The Discovery team would like to thank everybody who participated in the Discovery Inquiry – those who took part in consultations, left comments on the blog, attended roundtable discussions and/or made formal submissions.

This is the final e-news for the Discovery Inquiry. If you wish to keep informed about implementation of the ALRC’s recommendations, whether in relation to this Report or ALRC inquiries generally, please subscribe to the ALRC Brief.

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