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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BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (No 2) [2023] FCA 664
PRACTICE AND PROCEDURE – application for leave to file an amended originating application and a statement of claim – where previous statement of claim struck out – where further drafts of proposed statement of claim provided with submissions and following interlocutory hearing
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Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
CONTRACT – contractual interpretation – breach of contract – services agreement between consultant and mortgage broking business – where applicant claimed consultant breached notice period clause – where applicant claimed consultant breached an exclusive service obligation – where applicant claimed consultant breached confidentiality obligations – where consultant made and retained various downloads of customer-related information…
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Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (No 3) [2023] FCA 683
COSTS – competing applications for costs associated with an application for a stay of first instance proceedings pending outcomes of applications for special leave to appeal, and any appeals, to the High Court
