Discovery Process

Written by AMK Law

October 20, 2022

Discovery process

Legal disputes often come down to strategic decisions, bargaining power, the law, costs and evidence ⚖️ With this in mind it’s useful to know about a powerful tool which gives you a way to get valuable documents and evidence through the Court, even before a fully fledged Court case starts.


This powerful tool is called 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 and it means the documents and evidence can be obtained right at the beginning of the litigation process because it gives you the benefit of getting the documents and evidence through Court orders.


More good news is that the 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 process is generally available in most States, Territories and jurisdictions. In the Supreme and District Courts in New South Wales there’s Rules 5.2 and 5.3 of the 𝙐𝙣𝙞𝙛𝙤𝙧𝙢 𝘾𝙞𝙫𝙞𝙡 𝙋𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙚 𝙍𝙪𝙡𝙚𝙨 (𝙉𝙎𝙒) 2005. In the Victorian Supreme Court there’s power by operation of Rule 32, 𝙎𝙪𝙥𝙧𝙚𝙢𝙚 𝘾𝙤𝙪𝙧𝙩 𝙂𝙚𝙣𝙚𝙧𝙖𝙡 𝘾𝙞𝙫𝙞𝙡 𝙋𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙚 𝙍𝙪𝙡𝙚𝙨 (𝙑𝙄𝘾) 2015, South Australia has powers given by the 𝙐𝙣𝙞𝙛𝙤𝙧𝙢 𝘾𝙞𝙫𝙞𝙡 𝙍𝙪𝙡𝙚𝙨 (𝙎𝘼) 2020 and Queensland’s powers are now given by the 𝙐𝙣𝙞𝙛𝙤𝙧𝙢 𝘾𝙞𝙫𝙞𝙡 𝙋𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙚 𝙍𝙪𝙡𝙚𝙨 (𝙌𝙡𝙙) 1999.


With this in mind there’s times when a person might want to know what evidence and documents are available which means 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 might be precisely what you need in a variety of legal disputes like 𝗱𝗲𝗳𝗮𝗺𝗮𝘁𝗶𝗼𝗻, see 𝘏𝘢𝘵𝘧𝘪𝘦𝘭𝘥 𝘷 𝘛𝘊𝘕 𝘊𝘩𝘢𝘯𝘯𝘦𝘭 𝘕𝘪𝘯𝘦 𝘗𝘵𝘺 𝘓𝘵𝘥 (2010) 77 𝘕𝘚𝘞𝘓𝘙 506 (𝘊𝘈), and other cases like 𝐢𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐲 (𝐈𝐏) breaches, see for example 𝘈𝘶𝘴𝘵𝘳𝘢𝘭𝘪𝘢𝘯 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘈𝘪𝘳𝘭𝘪𝘯𝘦𝘴 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘷 𝘛𝘩𝘦 𝘊𝘰𝘮𝘮𝘰𝘯𝘸𝘦𝘢𝘭𝘵𝘩 (1975) 132 𝘊𝘓𝘙 582 and others.


So then, after getting the documents and evidence necessary you can be given the knowledge to make wiser decisions about whether or not to proceed in enforcing your legal rights. The 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 process is definitely a powerful tool when you need to know your legal situation, evidence details and people involved at the beginning of it all.


Whilst 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 can be really helpful, you need to be careful by making sure it’s brought the right way, to be sure you have the best chance by getting exactly what you need. When it’s done right 𝐏𝐫𝐞 𝐀𝐜𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐲 just might be the best weapon for getting your justice early, or by giving you what you need to know to win your case


AMK Law acknowledges the Traditional Owners of the land on which we are fortunate to live and work. We pay our respects to Elders, both past and present and further acknowledge the important role that Indigenous people continue to play within our communities.


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