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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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What is standard discovery in the 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 documents received during discovery for another purpose
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 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 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 gets preliminary discovery
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.