Australia: Disclosure & Electronic Discovery & Privilege

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Privilege And AI: When AI-generated Documents Are Not Protected

Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine.

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Australia Litigation

BN

Barry Nilsson

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

Australia Litigation

PA

Piper Alderman

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

Australia Litigation

BN

Barry Nilsson

The Inquest Series: The ‘right to silence' in Coronial Inquests

Australia Litigation

BN

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

In what instance will an application to reopen a case to introduce further expert reports be refused?

Australia Litigation

E

ExpertsDirect

Effect of delayed efforts in sourcing experts

Australia Litigation

E

ExpertsDirect

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

Inside IR Podcast Series - Episode 30 Psychosocial Health In Times Of Workplace Change (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

High Court Hands Down Landmark Trade Mark Decision In Katie Perry V Katy Perry Saga

SF

Spruson & Ferguson

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Jarryd Hayne's successful appeal: The reasons for the result

The errors amounted to a miscarriage of justice – quashing the conviction and remitting the matter for redetermination.

Australia Litigation

SC

Sydney Criminal Lawyers

Federal Court rejects Optus' legal privilege claim over cyber-attack report: Observations & Lessons

Courts seem unwilling to uphold LPP claims for multi-purpose reports if a dominant legal purpose is not clear.

Australia Litigation

PA

Piper Alderman

Crypto platform relieved from liability following contraventions of the Corporations Act

Relying on competent legal advice is a significant, but not determinative, factor in the Court's assessment.

Australia Litigation

HR

Holding Redlich

What is the effect if two expert statements are almost identical?

When representing the same party, experts should be aware of similarities in content and expression in their opinions.

Australia Litigation

E

ExpertsDirect

Legal professional privilege and experts' reports – what's covered, what's not, and how difficult it can be to get it right

Australia Litigation

BP

Bartier Perry

When may an expert be considered an advocate and no longer of assistance to the court?

Australia Litigation

E

ExpertsDirect

Waiver of legal professional privilege in regulatory investigations

Australia Litigation

HR

Holding Redlich

Justice Lee's judgment a reminder to the profession of the importance of the Harman undertaking in all areas of litigation

Australia Litigation

CO

Carroll & O'Dea

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

Australia Litigation

E

ExpertsDirect

Case summary – Marijana Ljubicic v Heat and Control & Anor

Australia Litigation

CO

Carroll & O'Dea

When new evidence is not considered fresh

Australia Litigation

E

ExpertsDirect

Admissibility of expert evidence regarding controversial tweets

Australia Litigation

E

ExpertsDirect

Legal Professional Privilege and Confidence: Keep it secret! Keep it safe!

Australia Privacy

BP

Bennett & Philp Lawyers

What is an Independent Medical Examination (IME) and what role does it play in your NSW personal injury claim?

Australia Litigation

CO

Carroll & O'Dea

When new evidence is not considered fresh

New expert evidence must be so material that the interests of justice require it or it would probably affect the result.

Australia Litigation

E

ExpertsDirect

Admissibility of expert evidence regarding controversial tweets

Objections to the admissibility of the expert evidence were all dismissed.

Australia Litigation

E

ExpertsDirect

Legal Professional Privilege and Confidence: Keep it secret! Keep it safe!

Documents or information will only be protected by privilege if they are also private and confidential.

Australia Privacy

BP

Bennett & Philp Lawyers

What is an Independent Medical Examination (IME) and what role does it play in your NSW personal injury claim?

What an IME entails, its purpose, the process, and its impact on your personal injury claim in NSW.

Australia Litigation

CO

Carroll & O'Dea

Case summary – Legal professional privilege - Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330

Australia Litigation

CO

Carroll & O'Dea

Looking to commence legal action? Part 2: What you need to know about Preliminary Discovery Applications in the Federal Court

An application for preliminary discovery is an effective way to determine whether you have a viable claim against another party.

Australia Litigation

BP

Bartier Perry

Federal Court reminder on the burden of proof

The recent Peck decision highlights the importance of meeting the burden of proof in product liability claims.

Australia Consumer

GC

Gilchrist Connell

Vicarious liability and applying legal professional privilege (LPP) to council's workplace investigations

Councils and their legal practitioners can minimise exposure by establishing LPP over internal workplace investigations.

Australia Employment

HR

Holding Redlich

The right to silence across Australian jurisdictions

The right to silence across Australia exists under common law and has also been legislated in each State and Territory.

Australia Litigation

SC

Sydney Criminal Lawyers

What if you do not agree with a single expert report in your family law matter?

Australia Family

CG

Cooper Grace Ward

The Right to Silence in New South Wales

Australia Litigation

SC

Sydney Criminal Lawyers

Approval of a court-appointed receiver's remuneration: Sufficiency of evidence in support of the remuneration claim

Australia Insolvency

CG

Cooper Grace Ward

How an emoji can land you in court

Australia Litigation

S

Stacks Law Firm

Should a party pay costs for expert evidence that was abandoned?

Australia Litigation

E

ExpertsDirect

Undermining expert evidence – taking shortcuts and being Facebook friends

Australia Litigation

E

ExpertsDirect

Can the handwritten notes of an expert be converted into a communication for the purpose of legal professional privilege?

Australia Litigation

E

ExpertsDirect

Constable Daniel Keneally found guilty of fabricating evidence

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Federal Court hands down a privilege lesson for cyber and critical incident responses

Australia Litigation

CC

Corrs Chambers Westgarth

Do I have to testify in court? Explaining witness competence and compellability in New South Wales

Australia Litigation

SC

Sydney Criminal Lawyers

Child sex offence evidence program in NSW expands

Australia Criminal

CD

Criminal Defence Lawyers Australia

More on the Harman Obligation

Australia Litigation

HW

Holman Webb Lawyers

Police officer acquitted of fatally shooting teen must testify at coronial inquest

Australia Criminal

SC

Sydney Criminal Lawyers

Crime scene examinations: Police and lab bungles can lead to acquittal

Australia Criminal

SC

Sydney Criminal Lawyers

Assertions of embarrassment caused by duplicative expert evidence unfounded

Australia Litigation

E

ExpertsDirect

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Latest Videos

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Gathering evidence in your family law matter

CG

Cooper Grace Ward

Full Disclosure, Vol. 6: Surviving the suing process

MO

Mellor Olsson Lawyers

Concurrent Evidence Practices Survey

K

KordaMentha

[Podcast] Trouble in paradise: Protecting privilege after Glencore

LT

Level Twenty Seven Chambers

CU LAB: I've received a subpoena to produce documents in court - help! with Karen Ingram

CU

Clayton Utz

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