Read David Caruso, Michael Legg & Jordan Phoustanis, 'The Automation Paradox in Litigation: The Inadequacy of Procedure and Evidence law to Manage Electronic Evidence Generated by the Internet of Things in Civil Disputes' (2019) 19 Macquarie Law Journal 157.

a) What is the main purpose of disclosure/discovery and what are the traditional problems in civil litigation that rules of disclosure have evolved to combat?

b) What problems do ESI (electronically stored information) pose for disclosure?

c) What is the 'Internet-of-Things' and how do the authors think it adds to the challenges associated with ESI?

d) What was the issue in the case of Hanks v Johnston (No. 3)?

e) What do the authors mean by the 'automation paradox in litigation'?

f) How do you think the rules of civil procedure can adapt to the changes in the

electronic storage of information that the authors identify?