LAWS398 Lecture Notes - Lecture 10: Sexual Assault, Legal Fiction, Affidavit

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS398
• Professor: Sonya Willis

Document Summary

Week 10 discovery and determining privilege readings. Readings: expense reduction analysis group v armstrong strategic management and marketing (2013) 250 clr 303, civil procedure text chapter 5 pp128-135 and pp139-146 (if not read last week), pp149-157 and chapter 7 pp186-229. Discovery of documents between parties ( disclosure") is a critical part of civil litigation. The parties must not be surprised during proceedings by previously unseen material produced in court by another party. Parties must provide access to relevant documents for each other. Determining which documents are discoverable is a long and tedious process. The federal court, nsw, nt, vic, tas and wa generally use the term discovery to describe the provision by parties of documents to each other in the course of pre-trial proceedings. The nsw discovery rule is in the uea uniform evidence act (nsw, vic, tas, act and cth)