evidence

Evidence from the Wayback Machine

The utility of evidence relating to the existence of websites on the internet and their contents sourced from the Wayback Machine is increasingly being considered by Australian Courts.   The question is whether or not the Courts will accept reports from the Wayback Machine in practice and if so what will they allow? [Read more…]

The importance of evidence and its ubiquity

A fundamental step when preparing for any litigious matter is to gather evidence to support your legal position.  In Queensland, the rules of evidence are located in a number of pieces of legislation, together with a large body of case law.  The focus of this article is to provide a brief overview of evidence and why it is crucial for a party to any civil litigation matter to devote adequate resources to locating it. [Read more…]

Satisfying the evidentiary burden for a search order

An Anton Piller Order is usually made without the presence of the respondent (ex parte) and consequently the Courts require the satisfaction of a high evidential threshold before granting orders of this nature. They are usually made in intellectual property cases but their utility extends to employment matters involving breach of confidence, both equitable and contractual, as well as other breaches of contract.[1] [Read more…]

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