Sometimes a client will know that loss has been suffered and that a cause of action is available but will not know the identity or description of the person against whom proceedings should be issued. Other times, a client may suspect that it has a cause of action against a prospective defendant but will not be sure if there are sufficient grounds upon which to commence or maintain an action.
The rules in both the Supreme Court and Federal Court provide mechanisms for discovery before a proceeding is commenced in order to determine the identity of a prospective defendant, or to obtain documents from a prospective defendant to determine if there is a cause of action or whether that person has a viable defence.
The seminar will deal with applications for pre-trial discovery. It will cover the legal requirements and procedure for making such applications; orders for inspection of the documents; and cost issues.