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  • Discovery is the process by which each party discloses the documents in its possessions relevant to the proceedings.
  • In NSW discovery in the equity division is now called disclosure and handled slightly differently. see Practice Note No. SC Eq 11
  • In arbitration the process is to be determined firstly by consent1) and if not by consent then the arbitrator may determine an appropriate procedure after hearing submissions from the parties.
  • Electronic discovery is often undertaken by the parties before Mr White.

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1) Our Steve White takes the position that the arbitration process belongs to the parties and not the arbitator. Other arbitrators may not agree to such an approach.

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