Our earlier publications have followed the use of Technology
Assisted Review (TAR) – mostly overseas1.
But now there's significant action in Australia.
Firstly in Money Max Pty Ltd v QBE Insurance Group Ltd VID
513/2015 the Federal Court has ordered the Respondent to
report to the Applicant an explanation of its use of TAR in
providing discovery.
More significant is McConnell Dowell Constructors v Santam
Ltd Ors 2016 VSC 734. Justice Vickery said:
The central issue for the Court is this: given the enormous
number of documents generated by the proceeding, how discovery
should be managed, consistently with the principles of
proportionality and Section 9 of the Civil Procedure Act 2010
(Vic.) (the 'CPA') which requires the Court to further the
Overarching Purpose of the CPA when making orders or giving
directions. Section 7 of the CPA provides that:
