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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Elanco Australasia Pty Ltd v Abbey Laboratories Pty Ltd [2024] FCA 640
PATENTS – appeal from decisions of a Delegate of the Commissioner of Patents refusing grant of patent following amendment – patent for ectoparasitic treatment method and composition – validity – lack of inventive step – s 7(3) of the Patents Act 1990 (Cth) – appeal dismissed
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Garvey v Australian National University (No 2) [2024] FCA 632
PRACTICE AND PROCEDURE – Application for an extension of time to bring a judicial review application – Where delay is lengthy – Where no sufficient explanation for delay – Where substantive case lacks arguable merit – Application dismissed
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Patterson v Westpac Banking Corporation [2024] FCA 629
PRACTICE AND PROCEDURE – application by the first respondent for the documents on the Court file to be ordered confidential – where the respondents have not filed their pleadings and have brought a strike out application – where the parties are currently engaged in mediation – application allowed
