Search Orders - Jemella Australia (No. 3)

A wake up call for your Independent Computer Expert (ICE)?

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Electronic Litigation in Australian Courts - Current Practice Landscape

With the forthcoming revision to Practice Note 17 in the Federal Court, please find a listing of practice guidelines (i.e. notes and directions) which form the current landscape for electronic discovery, and wider electronic litigation in Australian courts.

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Posted on Sunday, June 8, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , , | CommentsPost a Comment

ALSP Update, June 2008 - Furinzic Stuff for Food?

"I asked several industry veterans what they would suggest to a friend who was deciding which vendor to use for e-Discovery or digital forensics, assuming there was some reason the friend could not use the veteran."

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Posted on Saturday, June 7, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , | CommentsPost a Comment | References1 Reference

Redaction of Document Content for eDiscovery

Many software utilities are available to create Portable Document Format (PDF) documents and Adobe® Acrobat® is arguably the most popular utility for this purpose.

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Posted on Friday, June 6, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , | CommentsPost a Comment | References3 References

Digital Forensic Investigations - Kuala Lumpur, Malaysia

On 8-9 May 2008, I presented a platform on Digital Forensic Investigations to a number of senior investigators and intelligence officials from government, banking and publicly-listed public sector organisations.

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Posted on Saturday, May 10, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , | CommentsPost a Comment

Revised Expert Witness Guidelines in the Federal Court of Australia

On 5 May 2008, Chief Justice Black issued an update to the existing Practice Direction: 'Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia'.

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Posted on Wednesday, May 7, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , | CommentsPost a Comment

CEIC 2008 - International eDiscovery

On 29 April 2008, I was pleased to present on the topic of International eDiscovery at the Computer and Enterprise Investigations Conference (CEIC), held in picturesque Lake Las Vegas.

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Posted on Thursday, May 1, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , | Comments1 Comment | References3 References

Disputing Protocols for the Electronic Exchange of Discoverable Documents in the Federal Court of Australia

The Federal Court recently made orders in two (2) similar, yet separate, cases where disputes arose over the application of a document management protocol (protocol) to facilitate the electronic exchange of discoverable documents.

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Search (Anton Piller) Orders and Electronically Stored Information (ESI) in the Federal Court of Australia

As the only other lawyer and computer forensic expert in Australia, Geoffrey Lambert (Director, KordaMentha) and I are fortunate enough to be regularly requested to educate practitioners on a variety of topics pertaining to electronic evidence.

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Posted on Sunday, March 16, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , | CommentsPost a Comment

Reasonable Searches for Electronic Documents and E-mail in the Federal Court of Australia (Incomplete)

A widely debated issue for those involved in the Federal Court's recent consultative drafting process for a replacement to Practice Note 17 (20 April 2000) was whether the concept of 'making a reasonable search' should be specifically revised to deal with electronically stored information (ESI).

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Congratulations to Paul Ricketts

In response to Paul’s recent congratulatory message on the Oracle ANZ Blog, I send my mutual congratulations on his recent move from EMC to Oracle.

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Posted on Sunday, February 24, 2008 at 12:00AM by Registered CommenterSeamus Byrne in | CommentsPost a Comment

Privilege in Perspective (ALRC Report 107) and ESI

Focused towards issues of privilege in respect of investigations conducted by federal investigatory bodies (e.g. ATO, ASIC, ACCC, AFP, ACC), the ALRC Report 107 marks the first time that an Australian law reform body has made formal recommendations as to the search and seizure of electronically stored information (ESI).

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Posted on Thursday, February 14, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , | CommentsPost a Comment

Discovery of Electronic Databases in the Federal Court of Australia

This brief entry will consider two (2) recent Federal Court decisions where the discovery of electronic databases containing certain business records was disputed.

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Posted on Friday, February 1, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , , | CommentsPost a Comment

Basic Document Numbering for eDiscovery in Australian Courts

Document numbering when producing discoverable documents is readily made more difficult than it should be!

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Posted on Tuesday, January 15, 2008 at 12:00AM by Registered CommenterSeamus Byrne in , | CommentsPost a Comment