In a bold move by the Chief Justice of the Supreme Court, it is now no longer a right for parties involved in the equity division to burden their opponent with the discovery process. This is a positive step for anyone considering litigation.
The Court has introduced a new practice which should lead to reduced legal costs in litigation, improved efficiency and earlier hearing dates. The discovery process has been widely used as a tool to gather information, however it has also been over-utilised by parties in the hope that some evidence may come to light which bolsters their case against their opponent. Delays have often resulted and legal costs have risen significantly.
However, if you are considering commencing litigation, it is now most important that you possess sufficient evidence which can prove your claim. No longer will a litigant be able to rely upon obtaining documents from their opposing party.
This new practice for most matters in the Equity Division is innovative and we look forward to the aim of "just, quick and cheap resolution" of proceedings being achieved.
If you wish to read more about the new Practice Note, please follow this link:
http://www.colemangreig.com.au/News-210-The_New_Practice_Note.aspx
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