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Seamus E. Byrne is an Australian Information Lawyer and Computer Forensics Expert with extensive e-discovery and electronic evidence experience.

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Sunday
15Jun2008

Search Orders - Jemella Australia (No. 3)

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

Jemella Australia (No. 3)

Jemella Australia Pty Ltd v Young (No. 3) [2008] FCA 579 (23 April 2008).

Per Greenwood J, at [8]:

"Unfortunately, in this particular case, the independent computer experts seem to have misdirected themselves about their duties and responsibilities under the orders and thus did not examine the hard drives and isolate documents and then transfer them to a disk to enable the applicants to have the benefit of that inspection and thus exhaust, in that sense, the operation of the prohibited acts order (Order 27)."

Related Case Law

Jemella Australia Pty Ltd v Young (No. 2) [2008] FCA 396 (19 March 2008).
Jemella Australia Pty Ltd v Young [2008] FCA 394 (18 March 2008).
Jemella Australia Pty Ltd v Internet Marketing Pty Ltd [2008] FCA 13 (11 January 2008).

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