Contact: Michael Bath, Special Counsel; Carter Newell (Queensland, Australia)
Introduction
Since its introduction on 26 March 2012, Practice Note SC Eq 11 has required that parties seeking orders for discovery before evidence in the Equity Division of the Supreme Court of New South Wales must demonstrate ‘exceptional circumstances necessitating disclosure’.
The Court has, on several occasions, been asked to consider what constitutes exceptional circumstances for the purpose of the Practice Note. The issue was most recently considered by Stevenson J in Schofields Property Development v Lindsay-Owen1 and, that decision provides a timely opportunity to revisit the story so far.
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