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

21/03/2022

Webinar - Monday, 21 March 2022

The New Barristers Committee are delighted to host barrister Julian Cooke for a CPD session on 'Preliminary discovery in the Federal Court: guiding principles and practical tips'. The session will 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.

This session is aimed at junior practitioners, particularly those in their first seven years of practice, but all barristers will benefit from attending.

This webinar will be run by registration only. Numbers are limited. For further information, or to register for this event, please click here.