The Chief Justice of the Supreme Court of Queensland, Paul de Jersey, released Practice Direction 10 of 2011 (Use of Technology for the Efficient Management of Documents in Litigation).
Developed by a subcommittee of the Supreme Court’s Better Resolution Group, the Practice Direction encourages the use of technology for managing and exchanging documents, but has broader application to the practice of disclosure generally.
Its stated purpose is to encourage the efficient and cost-effective management of documents at all stages of litigation and to facilitate the conduct of electronic trials.
Andrew Shute, Special Counsel at Carter Newell Lawyers (Queensland, Australia), who has been involved in the Better Resolution Group’s subcommittee for over 12 months, says the new Practice Direction is “consistent with best practice approaches to disclosure of documents recognised within Australia and internationally, but now leads the way in terms of the practical guidance it is giving to parties and practitioners.”
Rather than permitting parties to approach disclosure in an ad-hoc manner, the Practice Direction requires that they confer at an early stage to agree on a plan for the management of documents, document protocols, and the formats for exchanging documents.
To assist, the Court has released a Document Checklist which includes a detailed schedule that will assist parties and their representatives to gain a better understanding of the practical issues and costs that may arise in relation to documents. After considering these issues, the
parties are encouraged to agree on less costly and more expeditious disclosure processes. The Court has also released a more simplified Document Management Protocol which will operate as a default unless otherwise agreed or ordered.
“It is not intended to add to costs or increase the volume of documents obtained and disclosed. Rather, consistent with rule 5, the intent of the Practice Direction is to require parties to approach disclosure with more thought and cooperation, focusing on the real issues, and with
a view to achieving efficiencies and cost savings”, said Mr Shute.
The new Practice Direction will apply to all matters in the Supreme Court unless otherwise ordered.
