Australia: Disclosure & Electronic Discovery & Privilege

Discovery in litigation requires parties to identify, preserve and produce thousands of documents over expansive time periods, from emails to hard-copy records. Failing to properly disclose relevant documents can result in adverse costs orders, evidence exclusion and even contempt proceedings. Understanding the four key questions to ask of every document—whether it qualifies as a document, if you control it, its relevance, and whether it's privileged—can help navigate this burdensome and expensi

Two recent NSW Civil and Administrative Tribunal decisions examine the limits of public access to government documents under the GIPA Act in the context of the controversial Bowdens Silver Project near Mudgee. The rulings address whether community groups can obtain cabinet materials, legal advice, and commercial-in-confidence briefings related to major development projects, establishing important precedents for balancing transparency against government and commercial protections.

Insurance companies routinely monitor social media platforms during personal injury claims, and posts can significantly impact case outcomes. Understanding how online activity affects credibility, disability assessments, and compensation entitlements is crucial for claimants navigating the legal process.

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

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

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

New expert evidence must be so material that the interests of justice require it or it would probably affect the result.

Objections to the admissibility of the expert evidence were all dismissed.

Documents or information will only be protected by privilege if they are also private and confidential.