Review the discovery set under Federal Court eDiscovery Practice Note CM 6
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Group the permitted discovery set, flag likely privileged items, and draft a relevance list, privilege-log entries and chronology. Keep Harman-undertaking documents out of tools that train on or retain inputs.
- What the lawyer must review
- Validate the seed set and document the protocol
- Run elusion testing and sampling to a court-accepted recall
- Review every possibly privileged document (Evidence Act s 122) and the log
- Check vendor terms against the Harman undertaking (Hearne v Street (2008) 235 CLR 125)
- Format production to CM 6 or the state practice note
- Written for / version
- Australia versionAUUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and summarising source material. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.