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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Australasian Global Exports Pty Ltd v The Ship M/V Yangtze Fortune, the Proceeds of Sale [2024] FCA 614
ARBITRATION – application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – one-stage process – award debtor served abroad – whether notice period adequate – award enforced and judgment entered, but judgment stayed for period of time to allow a challenge, if any
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Cavar v Australian Unity Home Care Services Pty Ltd [2024] FCA 609
PRACTICE AND PROCEDURE – summary dismissal – where proceeding alleges substantially same case as earlier proceeding settled by deed of release – where deed of release contains binding promise not to pursue claims in this proceeding PRACTICE AND PROCEDURE – where applicant disrupted hearing of interlocutory application – where applicant left hearing during respondent’s submissions,…
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Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607
PRACTICE AND PROCEDURE – Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 – Where order entered in favour of the applicant – Where the applicant is no longer trading – Where the trademark is no longer registered – Where no benefit derived from the order – Where all parties…
