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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Huang v Octec Limited [2024] FCA 588
PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal – where applicant’s substantive application was summarily dismissed for past defaults – where delay in filing application for leave to appeal reasonably explained and there was no material prejudice to the respondent arising from the delays – where arguable case that…
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Australian Securities and Investments Commission v Web3 Ventures Pty Ltd (Penalty) [2024] FCA 578
CORPORATIONS – civil penalty – whether to relieve defendant from liability – where defendant contravened Corporations Act ss 911A and 601ED – where contraventions involved investing customer funds in cryptocurrency – where defendant perceived there to be legal uncertainty, obtained competent legal advice, and genuinely concluded that there was no identified risk of breaching the…
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Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA 576
INDUSTRIAL LAW – determination of civil penalties for admitted breaches of s 558B(1) of the Fair Work Act 2009 (Cth) by the respondent as “responsible franchisor” – whether breaches of record keeping obligations set out in the Fair Work Regulations 2009 (Cth) could be considered a single contravention by operation of s 557(1) – whether…
