In a bold move by the Chief Justice of the Supreme Court, it is
now no longer a right for parties involved in the equity division
to burden their opponent with the discovery process. This is a
positive step for anyone considering litigation.
The Court has introduced a new practice which should lead to
reduced legal costs in litigation, improved efficiency and earlier
hearing dates. The discovery process has been widely used as a tool
to gather information, however it has also been over-utilised by
parties in the hope that some evidence may come to light which
bolsters their case against their opponent. Delays have often
resulted and legal costs have risen significantly.
However, if you are considering commencing litigation, it is now
most important that you possess sufficient evidence which can prove
your claim. No longer will a litigant be able to rely upon
obtaining documents from their opposing party.
