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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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Is a proposed settlement fair and reasonable – Federal Court
Class action lawsuits commonly resolve in a settlement between the members of a class and the respondents to a claim. However, there are strict requirements to proposed settlements, including that they are ‘fair and reasonable’, which will be subject to judicial oversight.
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Is a proposed settlement fair and reasonable – what will the Federal Court consider?
Parties seeking to settle a class action must apply to the Federal Court for approval. Judges will assess the fairness of the settlement by examining factors such as the best possible recovery, risks of litigation, class reaction, and independent advice.
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Legal costs – discontinuing by consent in the Federal Court
Businesses must take care when making forecasts, as potential legal consequences may arise if records of the basis for them are not kept.
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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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Inspection of documents in the Federal Court
Document inspection in civil litigation before the Federal Court of Australia: rights of parties, rights of non-parties, court rules, and the two exceptions to presumption of access for non-parties.
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Essentials for proving service in the Federal Court
Applicants must serve documents on Respondent personally. If evaded, can apply for Deemed or Substituted Service, with proof of attempts, and leave to serve outside Australia if overseas.
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Class actions in the Federal Court – what’s required?
This article provides an overview of the mechanics behind a Class Action in the Federal Court of Australia. It covers the requirements to commence the action, the ability for members to opt out, and the limits on Class Actions, giving readers a comprehensive understanding of the process and obligations.
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Worldwide asset freezing order by Federal Court – are they possible?
The High Court’s decision in Deputy Commissioner v Huang [2021] HCA 43 confirms the Federal Court may make worldwide asset freezing orders. This is an important development in Australian law.
Federal Court Litigation
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