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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Forever Winner International Development Australia Pty Ltd v Shenzhen Xinhe Hongshi Investment and Consultancy Co Ltd [2026] FCA 167
CORPORATIONS — leave to appeal – freezing order made against a third party (FWIDA) being a related entity to the defendant below– where FWIDA appears to be indebted to the defendant and is in receipt of proceeds from the sale of its primary business asset in a sum capable of discharging the debt to the…
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Australian Securities and Investments Commission v Insurance Australia Limited [2026] FCA 107
LEGAL PROFESSIONAL PRIVILEGE – third-party reports – inspection to ascertain privilege – inspection of privileged documents not part of the subject document in issue – distinction between contextual documents and subject documents – whether multiple purposes – whether documents were created for the dominant purpose of legal advice
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Australasian Centre for Corporate Responsibility v Santos Limited [2026] FCA 96
CORPORATIONS – “greenwashing” – where representations made by a publicly listed company are alleged to be misleading or deceptive or likely to mislead or deceive in contravention of provisions in the Corporations Act 2001 (Cth) and the Australian Consumer Law – whether representations made with respect to future matters – characteristics of the target audience – whether reasonable…
