10 Methods of Gathering Evidence

Where a party fails to make discovery or fails to

Info icon This preview shows pages 28–34. Sign up to view the full content.

View Full Document Right Arrow Icon
Where a party fails to make discovery or fails to make sufficient arrangements for inspection or copying, Court may order the party to do such act as the case requires.
Image of page 28

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
MEDIA RELEASE 7 November 2008 Court rejects Gunns’ “fishing expedition” The Victorian Supreme Court today rejected an appeal by Gunns Ltd seeking a raft of documents from conservationists in the long running “Gunns20” case arising out the campaign to protect Tasmania’s forests. Gunns had appealed a decision by Master Evans in September this year denying the timber company’s application to force The Wilderness Society to hand over a range of minutes, financial records, and the contact details of over 120 conservationists. Justice Kaye today dismissed that appeal, saying that the orders sought had “the hallmarks of a fishing expedition”. He ordered Gunns to pay The Wilderness Society’s costs of the appeal.
Image of page 29
Spokesperson for The Wilderness Society, Dr Greg Ogle said This is another blow for Gunns who have made a whole range of allegations against us over actions we deny doing. In an attempt to find evidence to support their claims, Gunns has sought to trawl through all sorts of our documents. We are glad the court has rejected this as a fishing expedition. Given the nature of the documents Gunns was seeking this is a significant win for civil rights - the right to privacy and the right to take lawful political action without having your personal details and associations dragged through the court in a McCarthyist inquisition. Yet today’s win has been a costly exercise for us. This 12 month long battle over “discovery” of documents has cost The Wilderness Society in excess of $150,000 and we won’t get a lot of that back even with costs awarded to us. ..
Image of page 30

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Supplementary discovery: r 29.15 A party who has made an affidavit of documents is under a continuing obligation to make discovery of documents with respect to documents of which the party obtains possession after making the affidavit. NB section 26(4) CPA overarching obligation to disclose existence of critical documents is an ongoing obligation for the duration of the civil proceeding
Image of page 31
Permitted use of discovered documents Obligation (Implied undertaking) not to use a discovered document for any purpose other than the litigation in which it is disclosed, unless tendered in evidence: Hearne v Street [2008] HCA 36 ; recently reviewed in Ambridge Investments Pty Ltd v Baker (No 3) [2010] VSC 545 Extends to solicitors, may be committed for contempt of court if they use documents for outside purposes Extends to answers to interrogatories, documentary witness statements and material provided under non-party discovery Court can allow use in “special circumstances”
Image of page 32

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Civil Procedure Act, s 27 A person who receives any …documents provided by another person …as a result of disclosure in compliance with …section 26 is subject to an obligation not to use the …documents… for a purpose other than in connection with the civil proceeding.
Image of page 33
Image of page 34
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern