Disclosure

90.

I mentioned that both sides produced additional disclosure at various points. On COPA’s side, it is my understanding that the further (mostly voluntary) disclosure made by COPA concerned documents provided by various witnesses, of which prompt disclosure was made, together with various documents obtained from the internet. Some of those documents prove to be significant in the analysis which follows, but no complaint was or is made about the timing or content of the additional disclosure from COPA.

91.

The same is not true of the additional disclosure made by Dr Wright. I think it is helpful to set out how disclosure by Dr Wright proceeded, based on a table annexed by the Developers to their Written Closing Submissions.

Date	Name/ Volume Number	Number of Documents (where appropriate)	Summary of Contents
7 March 2023	VOL001	4,090	Disclosure pursuant to Order of Master Clark
25 March 2023	VOL002	423	Additional documents ordered by Master Clark {B/8/3}
12 July 2023	VOL003	13	Various documents disclosed in response to Birds & Bird’s questions.
28 July 2023	VOL004	16	Evidence referred to in witness statements.
11 August 2023	VOL005	3	Full versions of documents which had previously been disclosed.
14 September 2023	VOL006	92	Macfarlanes’ specific disclosure requests (Gavin emails and other Kleiman docs)
27 September 2023	VOL007	8	Kleiman exhibits, Australian tax returns from 2008/2009 and bank statements.
25 October 2023	VOL008	93	The 93 new documents following the hard drive “discovery” which Dr Wright sought to rely on.
27 October 2023	VOL009	180	Further hard drive documents
27 October 2023	VOL010	3	Documents referred to in Ben Ford’s statement
1 November 2023	VOL011	579	Public documents answering Bird & Bird’s disclosure requests
8 November 2023	VOL012	393	Further hard drive documents
17 November 2023	VOL013	5	Bird & Bird’s specific disclosure requests: 3 forensic reports and two documents related to liberty reserve
21 November 2023	VOL014	20	Documents which should have previously been disclosed but were missed in error.
28 November 2023	VOL015	352	Further hard drive documents.
28 November 2023	VOL016	10	Documents concerning dispute with ATO which were initially missed.
7 December 2023	VOL017	2	DEFAUS_01746855 (fear of the future/good senator email)
20 December 2023	Overleaf	146	Initial Overleaf disclosure
21 December 2023	VOL018	3	Documents responding to RFI (Mark Archbold/Ignatius Pang emails)
8 January 2024	Overleaf	17	Outputs
12 January 2024	VOL019	64	CSW11 documents
17 January 2024	VOL020	2 image drives	BDO Drive Images
28 January 2024	VOL021	69	CSW11 documents
29 January 2024	VOL022	12	Papa Neema documents
2 February 2024	VOL023	4	Corrected documents referred to in Cerian Jones’ Witness Statement
16 February 2024	Overleaf	402	Further Overleaf disclosure
22 February 2024	VOL024	47	Hard copy documents
26 February 2024	Ontier	5	Ontier Version/Ramona Version etc

92.

Of these 28 tranches of disclosure, it is striking how many were given after service of Madden1 on 1^st September 2023 and how many were provided very close to and even during the Trial. It is also relevant to note that the originally stipulated set of search terms were not used when searches were made of the 2 image drives or the Overleaf documents. Furthermore, all of COPA’s requests for forensic images were simply ignored (at least until my Order at the PTR, requiring the provision of a forensic image of the BDO Drive), even though Mr Madden had made it perfectly clear that forensic images would have proved useful, and no reason was given why they could not have been supplied.

93.

VOL024 comprised 47 hard copy documents ‘lying around the house’ found during Dr Wright’s cross-examination. I was told by COPA these are mostly manuscript documents and ‘do not advance Dr Wright’s case’. Certainly, Dr Wright did not attempt to rely on any of them and there was no application in respect of them.