Directions for pre-trial procedural regimes in the NSW Supreme
Court's Equity Division are changing! The Registrar is altering
consent orders so that evidence is required before discovery. Are
the "rocket docket" concepts about to
hit the Equity Division?
Changes to discovery and exchange of evidence
orders
The rumour mill has been active and we are aware that the
registrars and judges in the Equity Division of the NSW Supreme
Court are currently querying the need for consent orders for
routine discovery in the matters before them. Rather, the
preference and evident case management objective is to get the
evidence on much earlier than before. Indeed, we understand that
the Equity judges hope to avoid making routine orders for discovery
at all, and to this end will seek to ensure that parties to the
litigation prepare and exchange their evidence earlier.
