covid19-law.com.au
5. Civil Procedure
E. Discovery
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
The circumstances of the pandemic may be relevant to discovery and other pre-trial disclosure processes.
In Murphy Operator v Gladstone Ports Corporation (No 6) [2020] QSC 192, the Queensland Supreme Court made an order requiring that a document be produced, in circumstances where it appeared, from the title of the document, to be relevant and a claim that the document was not relevant could not be determined conclusively, because COVID-19 related travel restrictions precluded the document being produced for inspection: [24]-[25]. In the circumstances, the Court considered that there were special circumstances and that the interests of justice required disclosure (for the purposes of s 223(4)(a) of Uniform Civil Procedure Rules 1999 (Qld)): [26].
E. Discovery
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
The circumstances of the pandemic may be relevant to discovery and other pre-trial disclosure processes.
In Murphy Operator v Gladstone Ports Corporation (No 6) [2020] QSC 192, the Queensland Supreme Court made an order requiring that a document be produced, in circumstances where it appeared, from the title of the document, to be relevant and a claim that the document was not relevant could not be determined conclusively, because COVID-19 related travel restrictions precluded the document being produced for inspection: [24]-[25]. In the circumstances, the Court considered that there were special circumstances and that the interests of justice required disclosure (for the purposes of s 223(4)(a) of Uniform Civil Procedure Rules 1999 (Qld)): [26].
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