Discovery orders against group members in group proceedings under pt 4A of the Supreme Court Act 1986 (Vic) require compelling reasons, and the overarching purpose in the Civil Procedure Act 2010 (Vic) now requires a tighter focus on relevance and proportionality for non-party discovery under r 32.07. While subjective evidence of what individual market participants knew is not categorically irrelevant to the objective tests of availability and materiality under s 674(2)(c) of the Corporations Act, it has limited relevance and very wide discovery of such evidence may be refused as disproportionate.
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