PRACTICE AND PROCEDURE – application for orders for preservation of documents – where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar – where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process – whether likely that documents will be lost or destroyed – whether preservation orders appropriate in the circumstances – held materials in support of application do not reveal a basis for concern that critical documents will be destroyed or lost – orders as sought by the applicant would circumvent the conference to be convened before the registrar – application dismissed
Related cases – asset preservation orders
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Australian Competition and Consumer Commission v Qteq Pty Ltd (Penalty) [2026] FCA 356
COMPETITION – imposition of pecuniary penalties and related orders under s 76(1) of the Competition and Consumer Act 2010 – where respondents found to have induced or intended to induce contraventions of the cartel prohibitions – where business and assets of contravenor were divested after the liability judgment and penalty hearing – relevant penalty considerations…
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Lake House Corporation Limited v Timor Resources Holdings Pty Ltd [2026] FCA 335
CORPORATIONS – declarations and injunctions sought – where shareholders’ deed governs appointment and removal of independent director – where one group of shareholders purports to issue notice of general meeting to remove independent director in breach of shareholders’ deed – whether shareholders’ deed regulates shareholders’ rights – whether shareholders’ deed must be read to be…
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Fortrend Securities Pty Ltd v Wollermann [2026] FCA 290
CORPORATIONS – applications for review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) of Registrar’s orders to set aside statutory demands under ss 459G and 459J(1)(b) of the Corporations Act 2001 (Cth) – whether there is some other reason why statutory demands should be set aside – where appeals on offsetting…
