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
-
Canstruct Pty Ltd v Project Sea Dragon Pty Ltd (Subject to a Deed of Company Arrangement) [2023] FCA 637
PRACTICE AND PROCEDURE – interlocutory injunction sought to prevent performance of Deed of Company Arrangement (DOCA) – completion of DOCA would bring plaintiff’s right to seek to set it aside to an end – balance of convenience CORPORATIONS – administration – application to enjoin performance of DOCA – whether entry into DOCA an abuse of…
-
Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – class action – novel claim for interference with use and enjoyment of land, including traditional community and cultural uses – claim for reduction of value in land, and inconvenience and distress REPRESENTATIVE PROCEEDINGS – proposed settlement fair and reasonable – proposed settlement approved
-
Mentha v Australian Securities and Investments Commission [2023] FCA 667
PRACTICE AND PROCEDURE – suppression orders – where suppression orders are sought in relation to parts of a letter from the second respondent to the Australian Securities and Investments Commission (ASIC) seeking authorisation as an eligible applicant to apply for examination summonses under Div 1 of Pt 5.9 of the Corporations Act 2001 (Cth), and…
