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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Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726
PRACTICE AND PROCEDURE – Application to amend originating application and statement of claim including joining new respondent pursuant to rr 8.21 and 9.05 of the Federal Court Rules 2011 (Cth) – consideration of whether amendment is permitted in circumstances where claim may be otherwise out of time or liable to be struck out– consideration whether…
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MS Amlin Corporate Member Limited v LU Simon Builders Pty Ltd (No 2) [2023] FCA 745
COSTS – costs consequences and ancillary orders flowing from determination of separate question – accepted that originating application should be dismissed – whether excess layer insurers should pay the costs of the insurance brokers
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Blu Logistics SA Pty Ltd v Flogineering Pty Ltd [2023] FCAFC 103
CONSUMER LAW – appeal from award of compensation under s 236(1) of Australian Consumer Law (ACL) in Competition and Consumer Act 2010 (Cth) Sch 2 – where primary judge in separate hearing made declarations that conduct conveyed a misrepresentation and contravened ss 18 and 29(1)(e) and (g) of the ACL – where no appeal from…
