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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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Tuesday
15Jul2008

Law Society Journal, July 2008 - Obtaining Foreign Discovery

Posted on DateJuly 15, 2008

Whilst not directly related to electronic discovery, Miles Carlsen's (Carlsen Law Corporation) article in this month's Law Society Journal provides a comprehensive case study of interest to Australian litigants who may be required to obtain discovery from a party located in the United States.

Sidenote: Miles has also recently published an excellent paper for litigators in the Hong Kong SAR.

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    Source: Discovery in the USA for use in an Australian court
    by Miles Carlsen at Law Society of New South Wales
    US law provides the possibility of obtaining assistance from a US District Court in discovering documents for use in other jurisdictions. Imagine you are defending a Sydney-based company in the District Court of NSW against breach of contract and fraud claims. There is a third-party witness, a California corporation, a competitor of the plaintiff, which is in possession of non-privileged documentary evidence that is the key to your client’s defence.

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