The uncertain future of discovery in the NSW Supreme Court Equity DivisionAuthor : Andrew Moore, Partner and Faith Geraghty, SolicitorGeneral Insurance
There is little debate that the discovery process has become prohibitively expensive in major litigation. The NSW Supreme Court Equity Division has sought to address this with a new practice note which provides that discovery orders will not be made (even if the parties have mutually consented) until after evidence has been served. Only then will discovery be provided if the parties can convince the Court that it is necessary for resolution of real issues in dispute. Whilst time will tell, this approach, which bears some similarities to the US process of pre-trial depositions, could have a significant impact on how litigation is run in the NSW Supreme Court Equity Division.
Click on the link below to read our examination of the impact of the practice note.