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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Top Intellectual Property Pty Ltd v Grayson’s International Pty Ltd [2024] FCA 561
PRACTICE AND PROCEDURE – interlocutory application for leave to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) to allow the respondent corporation to proceed in Court other than by a lawyer – consideration of the interests of justice in all of the circumstances – application refused
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Canview Pty Ltd v Gilmore [2024] FCA 551
PRACTICE AND PROCEDURE – Application for interlocutory injunction – where the applicants contend that the respondent has misused confidential information and infringed copyright – where prima facie case established – whether balance of convenience favoured the grant of an injunction – where the form of interlocutory orders in contention – injunction granted
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Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58
PRIVILEGE – legal professional privilege – third party report – investigation into cyber-attack – whether the report was created for the dominant purpose of legal advice – multiple purposes for commissioning report – unchallenged evidence – adverse inference – failure to adduce specific and focused evidence – time for assessing dominant purpose PRACTICE AND PROCEDURE…
