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Australian court recognizes value of predictive coding for e-discovery.

As noted by KrollDiscovery on, Australian courts for the first time recognized the advantages of using predictive coding for e-discovery purposes in a legal proceeding. The finding stems from McConnell Dowell Constructors v. Santam, a liability dispute in which the parties faced massive costs to review 1.4 million documents and couldn't agree on an e-discovery technique. The court designed a special "referee" to find an effective method that was also consistent with proportionality and compliant with Australia's Civil Procedure Act.

The court found that predictive coding "is far more sophisticated than a word search facility" and that traditional methods of discovery were inappropriate for such a case. Further, the court said its judgment was influenced by the success of predictive coding in Ireland, the United Kingdom, and the United States.

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Title Annotation:E-DISCOVERY
Publication:Information Management Journal
Article Type:Brief article
Geographic Code:8AUST
Date:Mar 1, 2017
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