A precursor to any form of civil litigation, whether initiating or defending is the collation of detailed documentary evidence capable of being used to support our client’s case theory. Many of our clients’ matters have involved identifying and managing thousands of documents in different formats to substantiate allegations made in pleadings or to support an initial defence.
Our Uncommon Nous® provides us with a passion for the search for the truth. This passion manifests itself in the form of identification, collation and management of evidence used for the purpose of legal proceeding. It is also particularly useful skill that our clients benefit from when preparing or receiving discovery.
It’s not commonly known, however electronic copies of documents such as emails, MS word documents, MS PowerPoint, excel spreadsheets and PDF’s all contain electronic trace evidence that may be admissible evidence. Dundas Lawyers® maintain a number of active software subscriptions that we use to ‘triage’ documentary evidence prior to engaging a forensic expert to prepare a report for the Court. This saves our clients time and money.
Recent examples of what forensic legal investigations and case preparation have involved:
- installing USB monitoring software on client’s PCs to determine what USBs were inserted when and by who;
- advising on the installation of employee monitoring and surveillance software;
- advising on the use of ‘canary tokens’ in software;
- using PDF parsing software to collate aggregate data from hundreds of documents and identifying those with differences;
- advising on the adequacy of discovered emails where meta data had been removed in breach of the Federal Court of Australia technology practice note;
- making copies of all pages on a website for the purpose preserving evidence of copyright infringement; and
- obtaining admissible expert evidence for the Court to show that the recipient of various emails were not accessing them on a mobile phone.
Industry expertise
Specifically in relation to forensic legal analysis and case preparation for larger matters we create secure client portals to access and manage documents for access by all stakeholders including Counsel, ensuring one version of the truth is shared with all. Dundas Lawyers® will fill the gap between large firms that use e-discovery software and those that don’t use anything by using in house tools and a combination of software subscriptions to collate, assess and preserve evidence for use in civil litigation. Uncommon Nous® ensures we provide out of the box, client centric solutions when completing forensic case analysis preparation and or preparation work.
Uncommon use of technology
In cases where we are involved in forensic legal analysis and case preparation:
- we often create secure client portals so that all stakeholders can access and manage documents by all stakeholders including Counsel, ensuring one version of the truth is shared with all;
- we fill the gap between large firms that use large e-discovery software and those that don’t use anything by using in house tools and a combination of software subscriptions to collate, assess and preserve evidence for use in civil litigation; and
- our Uncommon Nous® ensures we provide out of the box, client centric solutions when completing forensic case analysis and preparation work.
Recent videos about forensic legal investigations
Client videos about forensic legal investigations
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Disclaimer
This page contains general commentary only about forensic legal investigations. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business to complete legal forensic investigations and case preparation. Some of the reasons client’s choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in forensic legal investigations please phone our team on either 1300 386 529 or 07 3221 0013.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Complete the form below and we will respond to your enquiry within one (1) business day from the moment you press Submit.
Forensic legal investigations enquiry
Legislation
Recent insights about forensic investigation
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Federal Court requirements for electronic discovery and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in proceedings, including the use of electronic discovery, eLodgement, eTrials, eCourtroom, and video conferences.
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Subpoenas to produce documents – Federal Court
This article provides an overview of the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Consumer Law (ACL), which regulate the interaction between businesses and consumers in Australia. It explains how the CCA applies to any particular transaction.
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The importance of evidence and its ubiquity
This article explores the different types of evidence and their importance in civil and intellectual property litigation. Learn more about the rules of evidence and how they apply to your case by reading the full article.
Recent Federal Court decisions regarding forensic investigations
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Light & Wonder, Inc v Aristocrat Technologies Australia Pty Limited [2024] FCA 870
PRACTICE AND PROCEDURE – preliminary discovery – application for leave to appeal – where prospective proceedings concern misuse of confidential information and copyright infringement – where related proceedings commenced by prospective applicant in the United States – application dismissed Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0870For more information, see the original judgement.
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Austin Engineering Pty Ltd v Podulova [2023] FCA 419
PRACTICE AND PROCEDURE – intellectual property – alleged misuse of confidential and copyright information – orders sought for respondents to file and serve affidavits attesting to details of devices and networks which may contain applicant’s confidential information – consideration of principles governing Norwich Pharmacal orders – orders sought made Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0419For…
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Neville v Google LLC [2023] FCA 625
PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – communications made to commercial partners and contractual counterparties – potential causes of action in defamation and injurious falsehood – application substantially granted Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0625For more information, see the original judgement.
