Discovery of electronic files in litigation: do you identify and preserve potentially discoverable documents early?

In any litigation, a party's obligation to disclose relevant documents can spark debate about what must be produced. This occurred in the recent case of Integrated Medical Technology Pty Ltd and Anor v Gilbert and Ors [2015] QSC 124 where the Supreme Court of Queensland considered whether, in the context of a copyright dispute about software and source code, various system and other electronic files needed to be disclosed.

The decision is a reminder to parties involved in copyright and other disputes that sometimes electronic files which are less obvious are still relevant, and must be produced. The case also demonstrates the importance of giving early consideration to some of the less obvious documents that may have