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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Australian Energy Regulator v Santos Direct Pty Ltd [2024] FCA 579
CONSUMER LAW – application for declaration of contravention of the National Gas Rules (NGR) – failure to keep contemporaneous records in relation to renominations – where respondents admitted contravening the NGR -pecuniary penalties pursuant to s 44AAG(2) of the Competition and Consumer Act 2010 (Cth) – whether proposed penalties appropriate – order for implementation of…
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Protelight Pharmaceuticals (Australia) Pty Ltd v Wen [2024] FCA 581
PRACTICE AND PROCEDURE – ex parte application for freezing orders pursuant to rr 7.32 and 7.35 Federal Court Rules 2011 (Cth) – affidavits filed by officer of applicant and lawyer – onus of proof – relevant criteria for satisfaction of Court in granting freezing order – “good arguable case” – danger that judgment will be…
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Transport Workers’ Union of Australia v Qantas Airways Limited (Order to Recall Witnesses) [2024] FCA 572
PRACTICE AND PROCEDURE – where contravention of a civil remedy provision previously found – where applicant seeks statutory compensation under s 545(1) of the Fair Work Act 2009 (Cth) – where new “logical counterfactual” argument raised by the respondent in closing submissions – overarching purpose of civil practice and procedure provisions considered – where in…
