Pre-action Discovery
A tool which provides litigants access to information which would ordinarily only be disclosed during Court action is called “pre-action
discovery”. One area this is commonly used is by customers of banks seeking information on transactions and investments they have made.
The following requirements must be met before pre-action discovery is granted by the Court:
- * The information sought must be relevant to issues arising or likely to arise in the proceedings; and
- * it must be a necessary course of action at that stage of the matter (enabling the potential claimant to find out before proceedings take
place if he/she has a viable cause of action).
Pre-action discovery usually applies when the potential claimant does not have sufficient facts to commence proceedings. It will not be allowed
to proceed if the potential litigant was aware of the cause of action.
To find out more about pre-action discovery and if your particular situation may need to use this tool to progress to the next stage of investigation,
contact Streeterlaw lawyers on 8197 0105 or email advice@streeterlaw.com.au.
Please read our case stories and examples
