Australian Law Reform Commission searches for answers.
The Australian Law Reform Commission has released a consultation paper on the discovery of documents for Federal Court cases, highlighting the complexities of litigation in the age of the terabyte.
Among the issues raised in the consultation paper is “the impact of technology on the discovery of documents”.
Concerns have been raised about how electronic searches for ‘smoking gun’ documents during discovery are causing considerable strain on both the legal community and the resources of IT departments of the corporations involved in such litigation.
Electronic discovery generally takes two forms. A court may order that documents be produced in electronic format, in which case the party provides the other parties with documents in a useable, searchable electronic format; or documents are exchanged in the electronic format in which the documents are ordinarily maintained.
In the era of what has been termed “mega-litigation”, a number of judges have voiced their concerns about the disproportionate expense and scale of discovery.
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Source: itnews.com.au
By: Leanne O'Donnell
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