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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R.W. Pascoe Pty Ltd v Crimson Fresh Produce Pty Ltd (subject to deed of company arrangement) [2023] FCA 705
CORPORATIONS – Deed of Company Arrangement (DOCA) – termination of DOCA – DOCA no benefit to creditors – winding up likely to produce a better outcome – process of administration not being used to give company an opportunity to continue trading but to avoid investigation of suspected insolvent trading action and other potential claims against…
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Clarke v Pacific National Services Pty Ltd [2023] FCA 699
CONTRACT – where respondent employer sought binding expressions of interest in voluntary redundancy – where applicants returned signed expressions of interest in voluntary redundancy – whether binding contract created CONTRACT – where correspondence constituting contract stated that termination of employment would not occur until employees were notified that their roles actually became redundant – where…
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SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2023] FCA 707
PRACTICE AND PROCEDURE – application for leave to appeal from a judgment of a single judge of the Court – where primary judge dismissed an application for certain questions to be heard separately by a Full Court pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where the questions concern the respondent’s…
