In the December 2021 decision in Skytraders Pty Ltd v Ian Wallace Meyer [2021] NSWSC 1670 (an employment and confidential information dispute), the Supreme Court of New South Wales held that the Plaintiff was entitled to have an independent forensic computer expert appointed by the Court to conduct an analysis of the defendants’ documents before pleading and evidence closed, to permit the Plaintiff to gain evidence to support its case against the Defendant employee.

This case highlights what is required to have an early independent examination ordered before the pleadings, evidence and discovery stage.  It also demonstrates the disclosure requirements for a party seeking ex parte orders.