Mason and Carter's Restitution Law in Australia

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Language: English

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A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. Unless the court otherwise provides, where the attorney of record for any party arranges for another attorney to conduct the trial, the trial counsel must be identified in writing to the court and all parties no later than 15 days after the pretrial conference or, if there is no pretrial conference, at least 10 days before trial. Counterclaim Maturing or Acquired After Pleading. Further, counsel for all parties who appear at the preliminary conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery: counsel may bring a client representative or outside expert to assist in such e-discovery discussions. (1) A non-exhaustive list of considerations for determining whether a case is reasonably likely to include electronic discovery is: (i) Does potentially relevant electronically stored information (“ESI”) exist; (ii) Do any of the parties intend to seek or rely upon ESI; (iii) Are there less costly or less burdensome alternatives to secure the necessary information without recourse to discovery of ESI; (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and (v) What is the likelihood that discovery of ESI will aid in the resolution of the dispute. (c) The matters to be considered at the preliminary conference shall include: (1) simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (3) Where the court deems appropriate, it may establish the method and scope of any electronic discovery.

Pages: 800

Publisher: Butterworths Law; 2nd Revised edition edition (November 2008)

ISBN: 0409320781

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