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 the conduct of electronic discovery, and wider electronic litigation in Australian courts.

• Federal Court of Australia
  Use of technology in the management of discovery and the conduct of litigation (PN 17)
  Electronic Exchange of Electronic Documents for Discovery: Mandatory, 200+
• Supreme Court of New South Wales
  Use of Technology (PN SC Gen 7/2008)
  Electronic Exchange of Documents for Discovery: 500+
  Equity Division - Commercial List and Technology and Construction List (PN Eq 3/2008)
  Electronic Exchange of Electronic Documents for Discovery: Mandatory
• Supreme Court of Victoria
  Guidelines for the Use of Technology in any Civil Litigation Matter (PN 1/2007)
  Electronic Exchange of Documents for Discovery: Not Specified
  Court Reference: Courtroom Technology
  External Commentary: Mallesons Stephen Jaques
• Supreme Court of South Australia
  Guidelines for the Use of Electronic Technology (PD 2.1/2006)
  Electronic Exchange of Documents for Disclosure: 500+
• Supreme Court of Queensland
  Electronic Management of Documents (PD 8/2004)
  Electronic Exchange of Documents for Disclosure: 500+
  Court Reference: Court Technology
• Supreme Court of the Northern Territory
  Guidelines for the Use of Information Technology in Litigation in any Civil matter (PD 2/2002)
  Electronic Exchange of Documents for Discovery: 500+

The Supreme Courts of Western Australia, Tasmania and theAustralian Capital Territory are yet to formally release similar practice guidelines.

Update on July 10, 2008 by Seamus Byrne

The Supreme Court of New South Wales PN SC Gen 7 was updated on 9 July 2008.

Update on December 10, 2008 by Seamus Byrne

The Supreme Court of New South Wales PN SC Eq 3 was updated on 10 December 2008.

Update on January 30, 2009 by Seamus Byrne

Revised Federal Court Practice Note 17

Update on February 4, 2009 by Seamus Byrne

Visual Guide to the Revised Federal Court Practice Note 17

Update on April 6, 2009 by Seamus Byrne

Guide to the Federal Court of Australia's Revised Practice Note 17