Preliminary discovery in the Federal Court: guiding principles and practical tips

Monday, 21 March 2022

Join the New Barristers Committee and barrister Julian Cooke to discuss:

• The requirements of Rule 7.23 FCRs
• What amounts to a ‘reasonable belief that a prospective applicant may have a right to relief’: Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 257 FCR 62
• What amounts to ‘sufficient information to decide whether to start a proceeding’: Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 3) [2021] FCA 1428 (Pfizer (No 3)
• What amounts to ‘a reasonable belief that that the prospective respondent has/had or likely to have/had documents in its control’: Pfizer (No 3)
• Ancillary issues: Does Rule 7.23 impose an obligation of continuing discovery? Do the principles in Sabre Corporation extend to preliminary discovery proceedings? Pfizer (No 3)
• Practical tips for counsel representing prospective applicants: what evidence is required and steps before commencing the proceedings 
• Practical tips for counsel representing prospective respondents: lines of defence and how to limit the discovery ordered