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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Energy Action (Australia) Pty Ltd v Ritson [2024] FCA 565
PRACTICE AND PROCEDURE – application for interlocutory injunction purportedly restraining disclosure of confidential information – where applicant is an energy broker and respondent is a former employee – whether balance of convenience favours injunction – where substantial delay in seeking injunction – where terms of injunction are excessive, will inevitably lead to future disputation, and…
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Seven Network (Operations) Limited v 7-Eleven Inc [2024] FCAFC 65
TRADE MARKS – non-use – Trade Marks Act 1995 (Cth) s 92(4)(b) – whether primary judge erred in finding that registered trade mark owner had not established use during relevant period – use in relation to particular goods and services alleged to have occurred by display of mark on website – use partially established for…
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Probis Financial Services Pty Ltd (administrators appointed) v Kong (No 2) [2024] FCA 550
PRACTICE AND PROCEDURE – application for leave to issue a subpoena and to serve it in New Zealand – significance of documents sought to the issues in the proceeding – whether proposed subpoena lacks legitimate forensic purpose – leave to be given with respect to parts of the proposed subpoena
