Australia's legal system gets e-discovery rules.

• Position: E-DISCOVERY

[ILLUSTRATION OMITTED]

The Federal Court of Australia has introduced e-discovery rules requiring all electronic documents and e-mails to be produced and exchanged electronically, preferably in their original formats.

The Federal Court Practice Note (the use of technology in the management of discovery and the conduct of litigation) is expected to end voluminous paper files in commercial cases and reduce litigation costs by millions, Australian IT reported.

The new rules, issued by Chief Justice Michael Black after 19 months of consultation, are an attempt to improve efficiencies and help contain costs and delays resulting from discovery. Under the new Federal Court rules, companies must meet strict requirements for the retention and handling of electronically stored information and ensure its availability for court proceedings.

The rules state that parties will have to "meet and confer" at a pre-discovery conference to discuss discovery--including anything that can be stored electronically, such as data stored in company systems and databases, text messages, videos, iPods, and executive laptops--and agree on a plan before the mandatory discovery conference takes place.

The federal note provides a flexible framework that is...