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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Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2024] FCA 639
PRACTICE AND PROCEDURE – where applicant previously worked for respondent and had access to respondent’s confidential information / intellectual property – where applicant seeks redactions to discovered documents – where parties are competing trade rivals – Recent cases about confidential information
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Naturally Australian Tea Tree Oil Pty Ltd v Jellyman [2024] FCA 625
CORPORATIONS LAW — application to set aside statutory demand – whether genuine dispute within meaning of s 459H Corporations Act 2001 (Cth) – relevant principles – company alleged breach of fiduciary duties, unconscionable conduct and duress on part of defendant – defendant previously director and company solicitor of plaintiff
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Jiang v Slater & Gordon Ltd [2024] FCA 617
PRACTICE AND PROCEDURE – summary dismissal – shareholders commenced proceedings against target of successful compulsory takeover bid seeking relief under s 661E of the Corporations Act 2001 (Cth) – where s 661E allows minority shareholder subject to compulsory acquisition notice to apply to Court for an order that shares not be compulsorily acquired – held…
