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Chapter 11: Party documents: the voyage of discovery

Chapter 11: Party documents: the voyage of discovery

pp. 285-307

Authors

, Macquarie University, Sydney
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Summary

Discovery is the term used to describe the process whereby parties to litigation provide each other with documentary evidence which might be relevant to a case before the courts. Discovery of documents between parties, also called “disclosure” in some jurisdictions, is a critical part of civil litigation and a significant differentiator from ADR processes where parties rarely have access to each other’s documents.1 Where general discovery is ordered by a court, parties must provide each other with access to all relevant documents, generally including all documents on which they wish to rely in court prior to the hearing.

Keywords

  • discovery
  • interparty discovery and disclosure
  • Federal Court of Australia
  • interparty documents
  • privileged documents
  • interlocutory disputes
  • direct relevance
  • discovery and disclosure process
  • documents in a party’s possession

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