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 Agrivision Pty Ltd v Wolstenholme (Trial) [2026] FCA 130
CONTRACTS – claim against two guarantors of an assigned loan debt – whether the guarantors are liable on the guarantees – whether the borrower was misled into concluding the loan agreement –where the contract gave the lender “absolute discretion” to form an opinion as to an “Adverse Event” – whether the lender had formed the…
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International Vehicle Solutions Pty Ltd (Trustee) v RAC Insurance Pty Ltd [2026] FCA 121
PRACTICE AND PROCEDURE – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of information – without prejudice privilege asserted – whether orders necessary to prevent prejudice to proper administration of justice – application granted in part
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Lumina BPO Pty Ltd v Cocoon Data Technologies Pty Ltd [2026] FCA 116
CONTRACTS – where existence of commercial contract not in dispute – whether contract made with a sole counterparty or with multiple counterparties where all potential counterparties part of corporate group – objective construction of contract to ascertain parties’ intention – evidence of surrounding circumstances – whether contract wholly in writing – relevance of post-contractual matters…
