Australia: Disclosure & Electronic Discovery & Privilege

Subscribe

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.

Keeping Damaging Allegations Out Of The Headlines: Confidentiality Orders In Employment Litigation

Employees frequently commence proceedings with a pleading containing serious, damaging and untested allegations about the employer, its executives, HR decision-makers, colleagues or even third parties.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Privilege And AI: When AI-generated Documents Are Not Protected

Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine.

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

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

Australia Litigation

BN

Barry Nilsson

Right To Information: The Limit Does Exist

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

Australia Litigation

HR

Holding Redlich

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

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

Australia Litigation

BN

Barry Nilsson

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

Australia Litigation

BN

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Privilege Claims Put To The Test: Dominant Purpose Unmasked

Australia Litigation

GC

Gilchrist Connell

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

Keeping Damaging Allegations Out Of The Headlines: Confidentiality Orders In Employment Litigation

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Podcast: Coffee With CGW – Get To Know Andrew Vella

Australia Litigation

CG

Cooper Grace Ward

Struggling With Personal Debts (Video)

Australia Insolvency

W

Worrells

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

Interview With The CEO Of ARITA (Video)

Australia Insolvency

CP

Cathro & Partners

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

Reopening a case may prejudice the other party or new evidence may impact the result.

Australia Litigation

E

ExpertsDirect

Effect of delayed efforts in sourcing experts

The Tribunal rejected the adjournment request, citing the party's delayed efforts to retain experts.

Australia Litigation

E

ExpertsDirect

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

The errors amounted to a miscarriage of justice – quashing the conviction and remitting the matter for redetermination.

Australia Litigation

SC

Sydney Criminal Lawyers

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

Courts seem unwilling to uphold LPP claims for multi-purpose reports if a dominant legal purpose is not clear.

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

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

Australia Litigation

BP

Bartier Perry

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

Australia Litigation

E

ExpertsDirect

Waiver of legal professional privilege in regulatory investigations

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

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

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

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

Australia Litigation

E

ExpertsDirect

Case summary – Marijana Ljubicic v Heat and Control & Anor

Difficulties which can arise when an employer and a third party tortfeasor are sued in respect of a workplace accident.

Australia Litigation

CO

Carroll & O'Dea

When new evidence is not considered fresh

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

Australia Litigation

E

ExpertsDirect

Admissibility of expert evidence regarding controversial tweets

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

Australia Litigation

E

ExpertsDirect

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

Australia Privacy

BP

Bennett & Philp Lawyers

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

To bring a claim in medical negligence, you must have actually suffered damage as a result of the negligence.

Australia Healthcare

CO

Carroll & O'Dea

Looking to commence legal action? Part 2: What you need to know about Preliminary Discovery Applications in the Federal Court

An application for preliminary discovery is an effective way to determine whether you have a viable claim against another party.

Australia Litigation

BP

Bartier Perry

Federal Court reminder on the burden of proof

The recent Peck decision highlights the importance of meeting the burden of proof in product liability claims.

Australia Consumer

GC

Gilchrist Connell

Vicarious liability and applying legal professional privilege (LPP) to council's workplace investigations

Australia Employment

HR

Holding Redlich

The right to silence across Australian jurisdictions

Australia Litigation

SC

Sydney Criminal Lawyers

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

Australia Family

CG

Cooper Grace Ward

The Right to Silence in New South Wales

Australia Litigation

SC

Sydney Criminal Lawyers

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

Australia Insolvency

CG

Cooper Grace Ward

How an emoji can land you in court

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

See more

Latest Videos

See more

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

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More