Changes to discovery in the Equity Division of the Supreme Court – Implications for construction litigation

On 26 March 2012, changes commenced in relation to the procedure for discovery of documents in the Equity Division of the Supreme Court of New South Wales. The changes, geared towards minimising the excessive costs which parties routinely incur through the discovery process, are likely to have a significant impact on the way litigation is conducted in this division.

The new requirements are set out in Practice Note SC Eq 11, a new practice note issued by the NSW Supreme Court.

Who is affected?

These changes apply to all new and existing proceedings in the Equity Division of the Supreme Court (except the Commercial Arbitration List). This covers the Commercial and Technology and Construction Lists, which deal with the majority of significant construction litigation.