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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Leviston v PQ Management Pty Ltd (No 3) [2023] FCA 986
EVIDENCE – expert evidence – valuation of shareholding – application of capitalisation of future maintainable earnings method – challenge to the correctness of the result of the valuation exercise – where the expert in part performed a calculation in accordance with accounting standards – whether the expert erred in placing weight on particular data points…
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Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd [2023] FCA 999
TRADE MARKS – appeal from decision of the delegate of the Registrar of Trade Marks to refuse appellant’s opposition to application by respondent for registration of KANGAROO MOTHER trade mark – hearing de novo – s 59 of the Trade Marks Act 1995 (Cth) – where as at priority date respondent did not intend to…
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Han v St Basil’s Homes [2023] FCA 1010
INDUSTRIAL LAW – whether employer took adverse action in issuing first and final warning and or terminating employee because employee exercised workplace right to make a complaint or inquiry in relation to employment in contravention of ss 340(1)(a)(ii) and 341(1)(c)(ii) of the Fair Work Act 2009 (Cth) or her race in contravention of s 351(1)…
