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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Fortescue Ltd v Element Zero Pty Ltd [2024] FCA 590
PRACTICE AND PROCEDURE – where the applicants had successfully applied for, and executed, Anton Piller search orders – where hearing was first return date after the execution of the search orders – where proceedings had, necessarily, been heavily suppressed prior to the execution of the search orders – where the respondents sought to keep the…
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Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
BANKING AND FINANCIAL INSTITUTIONS – application by Australian Securities and Investments Commission (ASIC) alleging that defendant contravened ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making false or misleading representations, and engaging in conduct liable to mislead the public in relation to investments made by the superannuation fund…
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Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71
ADMINISTRATIVE LAW – whether primary judge erred in finding that a decision of the appellant’s delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that sub-section and should therefore be quashed – where held that s 61(5C) authorised release of…
