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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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) – where the respondents have failed to comply with court orders and failed to appear – allegations of trade mark infringement, misleading and deceptive conduct and passing off – where marks were used by…
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Rimfire Energy Pty Ltd v BSF Co Pty Ltd [2024] FCA 602
CONTRACTS – determination of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where answers to separate questions turned on proper construction of “Power Purchase Agreements” (PPAs) – whether the court needed to determine the validity of the respondents’ “extension of time” claims under the PPAs to determine whether 50%…
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Keybridge Capital Limited v WAM Active Limited (No 2) [2024] FCAFC 72
COSTS – whether costs of unsuccessful appeal should be paid on an indemnity basis
