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Western Sydney University

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Civil Procedure Research Report
Page 1/7

Civil Procedure Research Report

200813 - Civil Procedure and Arbitration

7 Pages 1 Student Found this helpful Western Sydney University Essay / Project Year: Pre-2017

Received a D. Essay question: Please read the following extract from the Australian Law Reform Commission, Managing Discovery Final Report, Report No 115 (2011) 320 and answer the following question. 11.163 By contrast, Legg submitted: A practice note that links minimising the cost of discovery to the overarching purpose by requiring consideration of whether the information sought can be obtained from another source or through an alternative mechanism for accessing documents that is cheaper and quicker than discovery, would be a starting point. There then needs to be some examples of what those other sources or mechanisms may be. In terms of mechanisms it may mean using subpoenas, interrogatories or depositions instead of discovery if they are more efficient. Evaluate how the procedure of discovery in NSW legislation could be more efficiently dealt with through a practice note recommending another mechanism as set out in the abovementioned extract from the Australian Law Reform Commission, Managing Discovery Final Report. Choose one of the following mechanisms to focus on for your argument about reform to the discovery procedure: 1) Subpoena or 2) Interrogatories or 3) Depositions Your answer should consider the overriding objective in section 56 of the Civil Procedure Act 2005 (NSW) and include an explanation about the ethical responsibilities of the lawyer when a lawyer is using the mechanism you have chosen to access documents. Make sure you research legislation and case law (beyond the information in the textbook for the unit) to justify your view in the report.  Make sure you also include footnotes that indicate the sources of information about the lawyer’s ethical responsibilities.

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