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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Raiz v Director of Professional Services Review [2023] FCA 771
PRACTICE AND PROCEDURE – interlocutory application seeking orders for non-standard discovery – where the applicant seeks discovery by way of categories – whether discovery sought wider than issues raised by grounds for judicial review – whether some categories mere “fishing”
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Commissioner for Consumer Affairs (SA) v Star Plus Group Pty Ltd (in liq) [2023] FCA 778
CONSUMER LAW – Application by regulator for declaratory and injunctive relief together with the imposition of pecuniary penalties for conduct by the respondents – where respondents posted fake consumer testimonials and reviews of their business to comparator websites – where respondents provided false tax invoices to a comparator website in order to post false testimonials…
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Novartis AG v Pharmacor Pty Limited [2023] FCA 804
PRACTICE AND PROCEDURE – patents – where in the principal proceeding the respondent alleges that the patent in suit does not disclose the best method of performing the invention – discovery – where applicants oppose the respondent’s proposed discovery category
