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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DC Rd DC Pty Ltd v Zhang (No 6) [2026] FCA 189
CORPORATIONS – where trial judgment found constructive trust over property – where trial judgment found equitable charge over property – whether sale should be ordered – unless mortgagees raise reasonable and sufficient grounds to the contrary – where sale would enable applicants to enforce their rights without prejudicing the interests of registered mortgagees – sale…
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Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd [2026] FCA 161
TRADE MARKS – infringement – container rotation systems – containerised bulk handling field – word mark – “rotainer” – whether “rotainer” is purely descriptive – genericism – where the infringer attempted to genericise the registered trade mark – where purported generic and descriptive meaning of the word mark is uncertain – evolution theory of changes…
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McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
COPYRIGHT – claim for infringement of moral rights under Part IX of the Copyright Act 1968 (Cth) – dispute over which of one or each of two persons is to be attributed and credited as the “principal director” of a documentary film – right of attribution of authorship and right against false attribution – meaning…
