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
-
Burrows v Macpherson Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 875
PRACTICE AND PROCEDURE – application for security for costs – where applicant has commenced multiple proceedings against the respondents in various courts – where applicant has failed to satisfy an outstanding costs order in related proceeding – whether professional fees are payable where respondent is a self-represented legal practice – where applicant has not led…
-
Knight v Commonwealth Ombudsman [2023] FCA 868
PRACTICE AND PROCEDURE – application for extension of time for the filing of a notice of appeal from a decision made by the Administrative Appeals Tribunal – where application is 16 months out of time – where delay is very substantial and unexplained for the most part – no question of principle – application dismissed
-
Krejci in his capacity as liquidator of ENA Development Pty Ltd (in liq) v Sebie [2023] FCA 884
PRACTICE AND PROCEDURE – application for vexatious proceedings orders under s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether issue estoppel arises from Re ENA Development (in liq) [2023] NSWSC 503 – that decision was a final decision – alternatively, whether it would be an abuse of process to contest that…
