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ARTICLE · 16 SEPTEMBER 2012

Apple v Samsung Case Provides Timely Reminder Of Litigation Document Retention Requirements

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Litigation is a key area in which confusion about document retention obligations can have damaging consequences.

AustraliaLitigation, Mediation & Arbitration
Georgina King
Georgina King
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IN BRIEF

A recent case involving Apple and Samsung provides a timely reminder to businesses about the importance of proper document retention when current or anticipated litigation arises. Georgina King and Kelly Marshall explain.

DOCUMENT RETENTION IN AUSTRALIA

Australia's legal requirements in relation to document retention are often met with concern due to uncertainty about obligations.

Litigation is a key area in which confusion about document retention obligations can have damaging consequences for companies and businesses.

The position in Australia is that records which are relevant, or are reasonably likely to be relevant, to any current or anticipated future legal proceedings or regulatory investigations must be retained and produced if required, during the litigation process.

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