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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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…
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Hill v Skilled Workforce Solutions (NSW) Pty Ltd [2024] FCA 603
REPRESENTATIVE PROCEEDINGS – Practice and Procedure — application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval to discontinue representative proceeding – relevant principles regarding approval to discontinue- order under s 33V(1) and 33ZF that the limitation period starts to run again – discontinuance approved
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Cargill, Incorporated v Cargill Financial Services International Pty Ltd [2024] FCA 604
TRADE MARKS – infringement – Trade Marks Act 1995 (Cth) s 120 – use of name as a mark – use of deceptively similar mark – infringement established. TRADE MARKS – application for final relief – application for relief where respondents rogue agents – application to change name on ASIC register – application to change…
