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Default discovery: Queensland vs Federal position
In the Supreme Court of Queensland (Supreme Court), the right to an exchange of documents is the default position in proceedings started by claim, while in the Federal Court of Australia (Federal Court) there is no entitlement to exchange of documents, and a party must persuade the Court that this exchange is necessary, proportionate and…
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Importance of meta data in discovery – Hamlan v Levonix
The recent copyright case of Hamlan Homes Pty Ltd trading as Hamlan Homes and Geelong Homes v Levonix Homes Pty Ltd (No 3) [2025] FedCFamC2G 565 (Hamlan v Levonix)involved a dispute between Hamlan Homes Pty Ltd 006 313 015 (Hamlan) and Levonix Homes Pty Ltd ACN 168 777 384 (Levonix) that provides insight into preservation…
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Federal Court guidelines for e-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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What is standard discovery in Federal Court?
This article provides an in-depth look into the requirements of standard discovery in the Federal Court of Australia. Learn more about the relevance of documents, what constitutes ‘readily accessible’ documents, and relevant case law for narrowing the scope of discovery for a just resolution of disputes.
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Using discovery documents for other purposes
The Harman Undertaking, established in 1983, requires documents disclosed during civil litigation not to be used in other Court proceedings. This article examines exceptions, when same parties are involved, and suggests that special circumstances must be established to receive leave of the Court.
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Preliminary discovery procedures in the Federal Court
This article provides an overview of the general rule and exceptions for issuing a disclosure document when raising capital in Australia, including related restrictions, definitions and anti-avoidance provisions.
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Categories of discovery – Federal Court
This article provides an overview of the process of seeking discovery of documents in a matter before the Federal Court of Australia. It covers the requirements for standard, non-standard and more extensive discovery, as well as the definition of a category of documents.
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Discovery process in the Federal Court of Australia
Discover the process for seeking documents in the Federal Court of Australia. Learn about the roles of the parties, criteria for standard and non-standard discovery, and the process of giving discovery. Get the full details on the Federal Court Rules 2011 and its revised regime for discovery.
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Dallas Buyers Club wins preliminary discovery order
The Federal Court of Australia has granted a controversial application that could allow copyright holders to identify and pursue alleged infringers of their work. Find out what conditions were imposed on the copyright holders and what this could mean for the future of online copyright infringement.
Federal Court discovery
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