Product Promotion Network

Supreme Court of Victoria embraces the use of technology assisted review

Abstract: A December 2016 decision of the Supreme Court of Victoria and a January 2017 practice note on the use of technology in the Court have shown the Court’s acceptance of technology assisted review as an appropriate method of discovery in litigation involving a large amount of electronically stored information. ‘Technology-assisted review’ (“TAR”) describes the integration of technology into the process of human document review in discovery [1]. Predictive coding is a subset of TAR and has found use in litigation involving a large volume of electronically stored information (“ESI”).

The predictive coding process is usually applied in large scale litigation with vast ESI (e.g. exceeding 1 million documents). This is because of the time involved in manual review. For instance, assuming 1 lawyer reviews 1 million documents and takes 1 minute per document (working 8 hours a day, 5 days a week and 52 weeks a year), this would require 8 years.

The predictive coding process generally involves preparing a small sub-set of documents to feed into a coding program to allow the coding program to teach itself how to score documents for relevance. The program then provides a report, which is reviewed for accuracy by lawyers, and this review is put back into the program so it can further teach itself how to score documents for relevance. This process is repeated.

Once the extent of errors determined by human review of the samples is minimised, a list of relevant documents is produced [2]. There are two recent developments in Victoria, discussed below, that show the Supreme Court of Victoria’s acceptance of TAR as an efficient and accurate means of discovery. These are:

McConnell Dowell McConnell Dowell concerns litigation over the design and construction of a natural gas pipeline in Queensland. On the question of discovery, the plaintiff claimed to have 1.4 million documents, after a de-duplication process.

Justice Vickery noted that manual review of 1.4 million documents by a junior solicitor was likely to take around 583 working weeks (over 11 years), not taking into account time for supervision and review by others: at [5]. Noting the likely time and cost involved in manual discovery, the Court engaged a special referee to consider what process for discovery would facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute in accordance with section 7 of the Civil Procedure Act 2010 (Vic)[1] (the “CPA”): at [4] and [8]. The special referee reported that TAR, which was agreed to by the parties, was consistent with the obligations of all parties under the CPA: at [33].

The Court accepted the special referee’s report, therefore approving the use of TAR by the parties. McConnell Dowell followed a significant decision of the England and Wales High Court in Pyrrho Investments Ltd v MWB Property Ltd[2] [4] which discussed the TAR process, set out 11 principles as to when TAR may be appropriate, and approved the use of TAR for 3.1 million documents, describing its use as ‘proportionate’. Significantly, the Pyrrho decision noted that not only is TAR likely to be more cost effective than manual review, but TAR was likely to be more accurate than manual review [5]

VSC Technology Practice Note 5 VSC Technology Practice Note 5 is bold, in that it expresses a preference for all civil litigation to be conducted, from the start to the finish, using electronic documents, rather than hardcopy. The aspect of VSC Technology Practice Note 5 that is important to this note is that the Court has taken a flexible approach to discovery protocols by setting out general principles governing the use of technology for discovery in civil litigation.

Further, consistently with the decision of McConnell Dowell, the Court notes that TAR “will often be an effective method of conducting discovery where there are a large number of Electronic Documents to be searched and the costs of manually searching the documents may not be reasonable and proportionate”: at [8.7]. Discussion

Modern litigation often involves substantial documents because of the prevalence of electronic communication and the production of ESI.

The Supreme Court of Victoria has accepted that manual review is now not likely to be the most efficient means of carrying out discovery where there is a large volume of ESI in civil litigation.

The McConnell Dowell decision and VSC Technology Practice Note 5 represent a significant shift in the litigation landscape in Victoria towards the acceptance of technology as a more proportionate way of dealing with discovery in matters involving a large amount of ESI.

References

  1. ^ Civil Procedure Act 2010 (Vic) (www.austlii.edu.au)
  2. ^ Pyrrho Investments Ltd v MWB Property Ltd (www.bailii.org)

Ex-Display Free Standing 3 Tier Herb & Spice Rack | Non-slip Universal Design Chrome | M&W Used - Like NewDescription below is for brand new sealed products and may not represent the ex-display item fully Images are for illustration only Contents and item condition may vary All items are sold in working condition Instruction manuals guides downloadable or online accessible content listed on the product are not guaranteed to be included This Maison & White 3 Tier Spice Rack is the perfect storage solution for your kitchen pantry or utility room The free standing design allows the rack to be used anywhere but for best results we recommend using against a wall for added support Use the small hooks on the back of the spice rack to hang on your wall (screws hardware not included) The Stylish design means the spice rack fits into your decor available in either black or chrome to match your interior The rack features non-slip feet to prevent it from slipping or falling over Each shelf measures 33cm (L) x 7cm (W) allowing plenty of room for all your favourite herbs & spices in one convenient place Made from top quality stainless steel this spice rack is remarkably robust and durable making it the ideal storage solution for your work top The glass spice jars seen in the product imagery are Maison & White Mini Clip Top Glass Spice Jars FeaturesThe ideal storage solution for your kitchen pantry or utility room The stylish & functionable design secures your herbs & spices and prevents them from falling off the rack Available in a black or chrome finish SpecificationSize 34cm (H) x 33cm (W) x 7cm (D) Each shelf measures - 33cm (L) x 7cm (W)Material Stainless steelAvailable colours Black or ChromeIn the box 1x Maison & White 3 Tier Spice Rack All product images © 2017 Maison & White ® (Xbite Ltd) More Info:

LCD/LED/TFT wall mountThe NewStar wall mount, model FPMA-W75 is a tilt- and swivel wall mount for flat screens up to 24”. This mount is a great choice when you want the ultimate viewing flexibility with your flat screen. Effortless pull the display out from the wall, position it in almost any direction, turn it around corners and then smoothly return it to the wall when finished. NewStars’ tilt- (35°) and swivel (160°) technology allows the mount to change to any viewing angle to fully benefit from the capabilities of the flat screen. Depth of this mount is 8 centimetres. Cable management conceals and routes cables from mount to flat screen. Hide your cables to keep living room, bedroom or home cinema installation nice and tidy. NewStar FPMA-W75 has one pivot point and is suitable for screens up to 24" (60 cm). The weight capacity of this product is 10 kg each screen. The wall mount is suitable for screens that meet VESA hole pattern 75x75 and 100x100mm. Different hole patterns can be covered using NewStar VESA adapter plates. Create a clean design ambiance for your flat screen TV in the living room, bedroom or home cinema. All installation material is included with the product. More Info: - EAN: 8717371440497

FPMA-DTBW200The NewStar toolbar mount, model FPMA-DTBW200 is a tilt-, swivel and rotatable mount for flat screens up to 24”. This mount is a great choice to use in combination with NewStars' toolbar model FPMA-DTB100 or FPMA-DTB200. NewStars’ unique tilt (180°), rotate (270°) and swivel (180°) technology allows the mount to change to any viewing angle to fully benefit from the capabilities of the flat screen. Depth 8 centimetres. A unique cable management conceals and routes cables from mount to flat screen. Hide your cables to keep the workplace nice and tidy. FPMA-DTBW200 has two pivot points and is suitable for screens up to 24" (60 cm). The weight capacity of this mount is 10 kg each screen. The toolbar mount is suitable for screens that meet VESA hole pattern 75x75. Different hole patterns can be covered using NewStar VESA adapter plates. By using an ergonomic mount neck- and back complaints can be avoided. Ideal for use in offices and on counters or in a reception area. All installation material is included with the product. More Info: - EAN: 8717371442286

NewStar FPMA-W830BLACK Monitor wall mount 25,4 cm (10) - 68,6 cm (27) Swivelling/tiltableThe NewStar FPMA-Wall bracket model W830 BLACK is a tilt and swivel wall mount for flat screens and flat screen tv up to 24" (60 cm). This holder is a good choice if you the ultimate flexibility when television with flat screen. Easily remove the display from the wall, position it in almost any direction and turn it around corners and slide them again smooth on the wall, when you are finished.News tars unique 2 axles, tilted (20°) and swivel (180°) technology, enables you to change to any viewing angle, in order to use the full scope of the possibilities of the flat screen. The holder is depth adjustable from 4 to 36 centimeters.NewStar FPMA-W830 BLACK has three joints and is suitable for screens up to 24" (60 cm). The load capacity of this product is suitable for a 12 kg screen. The wall bracket is suitable for screens with VESA 75 x 75 and 100 x 100 mm hole pattern. Different hole patterns can, by using the VESA adapter plates, covered.All mounting materials are in the product delivery. This text is machine translated. More Info: - EAN: 8717371444013

AOC 22P1D LCD 54.6 cm (21.5 ) EEC A (A+ - F) 1920 x 1080 pix Full HD 2 ms DVI, HDMI™, VGA, Headphone jack (3.5 mm) TN LCDHDMIHDMI (High Definition Multimedia Interface) is the current game consoles, up-to-date graphics cards and set-top boxes, which supports the HDCP-protected system for digital content. The HDMI 1.3-1.4 b versions support up to 144 Hz image refresh rates at 1080p and 75 Hz at 1440p, whereas HDMI 2.0-2.0b versions 240 Hz at 1080p, 144 Hz at 1440p and 60Hz for 2160p (4K) support.Full HD resolutionIf you want to connect a Blu-ray film in full quality, games with high resolution experience or text in office applications can read? Thanks to the full HD resolution of 1920 x 1080 pixels this monitor enables you to just that. Whatever you can watch with Full HD, it is rich details without a high-end graphic card is necessary or many system resources are consumed.Integrated speakersBuilt-in speakers make it easy to get with family, friends and colleagues to entertain. Enjoy movies, music, games and much more with high-quality sound, without the need to connect external speakers. Height-adjustable stands Your well-being is important to us. This is why this monitor options for height adjustment, which help you when working, playing or viewing of videos to find the perfect position. The Customizing Your AOC monitor to your needs not only helps you to reduce fatigue, and your body healthy. It helps you and your team ultimately also at work better results.This text is machine translated. More Info: - EAN: 4038986126304

Leave a Reply

Your email address will not be published. Required fields are marked *