Minimising cost is key in deciding whether court will grant disclosure prior to evidence

In brief – A recent case provides guidance on exceptions to the new disclosure regime under Practice Note 11

The recent case of Suncorp Metway v Rider Levett Bucknall [2012] NSWSC 975 and Suncorp Metway v Rider Levett Bucknall (No.2) [2012] NSWSC 999 gives an indication of the possible exceptions to the requirement under Practice Note 11 that parties serve their evidence prior to orders being made for disclosure.

Supreme Court Practice Note 11

Practice Note No. SC Eq 11 (PN11) commenced in the Supreme Court (Equity Division) on 26 March 2012. Essentially, PN11 requires parties to serve their evidence before the court will make any orders for disclosure. (For more information please see our earlier article New "disclosure" practice in the Supreme Court of NSW.)