The Supreme Court of Victoria’s new Practice Notes are now in effect. This includes Practice Note SC GEN 5 – Technology in Civil Litigation which provides for the use of Technology Assisted Review (TAR) in discovery. TAR will ordinarily be accepted, particularly where the costs of manually searching large volumes of documents are not reasonable and proportionate. Significantly, the Court may order discovery by TAR regardless of whether it is consented to by the parties.
The Supreme Court of Victoria Practice Note SC GEN 5 is consistent with the Federal Court Technology and the Court Practice Note (GPN-TECH), and recent decision in McConnell Dowell Constructors (Aust) Pty Ltd v Santam Ltd, which both support predictive coding. While most Australian litigators are still unfamiliar with TAR, elaw’s consultants have been using predictive coding for years. Please join us for a free CPD lunch seminar in Melbourne which will explain predictive coding and provide a practical insight with reference to an elaw case study.