Preliminary Discovery
If you do not know the identity of a defendant, how to get hold of that person or whether you have a case against that defendant you may need to bring an application for preliminary discovery. An application for preliminary discovery is made to the court together with an affidavit in support. Preliminary discovery is one of the steps you can take before commencing actual proceedings.
Our Principal Solicitor has advised numerous clients in respect of their rights to bring and/or oppose an application for preliminary discovery since ~ 2005 when the Uniform Civil Procedure Rules were first introduced. If you need help: deciding on whether or not to commence proceedings, to discover the identity of a proposed defendant then contact us so we can assist you.
Our firm is committed to handling your application for preliminary discovery (or to oppose such applications) with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience in providing litigants in Sydney with legal advice and services in respect of litigation we should be able to answer most of your questions about whether you have a right to bring an application for preliminary discovery (or how you may go about opposing it).
Let Us Help You:-
- bring an application to ascertain the identity or whereabouts of a proposed defendant in applicable circumstances UCPR 5.2, FCR 7.22 [see: Roads & Traffic Authority of NSW V Australian National Car Parks Pty Ltd [2007] NSWCA 114]
- apply for preliminary discovery in respect of documents that will allow you to decide whether or not to commence proceedings in applicable circumstances [see: UCPR 5.3, FCR 7.23]
- seek security for costs from the applicant on an application for preliminary discovery in applicable circumstances UCPR 5.6, FCR 7.29
- bring an application under the inherent jurisdiction of the Supreme Court, in the alternative to under the UCPR, for preliminary discovery (should that right exist)
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