New Equity Division Practice Note concerning Disclosure of Documents
New Practice Note governing disclosure in litigation in the Equity Division of the Supreme Court of New South Wales
Today, the Honourable TF Bathurst, Chief Justice of the Supreme Court of New South Wales, issued a new Practice Note making significant changes to the disclosure of documents in litigation conducted in the Equity Division of the Supreme Court of New South Wales.
Parties are now required to serve their evidence before the Court will make any orders for disclosure. Even then the Court will not make an order for disclosure unless it is shown to be necessary for the resolution of the real issues in dispute in the proceedings.
Previously, parties would commonly elect to defer the exchange of evidence until after the completion of a comprehensive and very expensive discovery process.
This new practice aims to significantly reduce the financial burden on litigants, particularly in the context of commercial litigation. The new practice will better enable the parties to identify what is really in issue and whether there is any necessity for disclosure of any documents additional to those that form part of the parties' exchanged evidence.
You can download the new Practice Note, SC Eq 11, from this webpage: http:/practice_notes\nswsc_pc.nsf/pages/574