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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Petrovsky v Southern Adelaide Local Health Network Incorporated [2024] FCA 500
PRACTICE AND PROCEDURE – application for urgent interlocutory relief – where urgent injunctive relief sought to maintain applicants’ access to respondents’ premises, and enforcement of purported oral undertakings given by the respondents – whether there is a prima facie case for relief – alleged breach of joint venture agreement or licence to occupy – whether…
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Boating Syndication of Australia Pty Ltd v BSA Management Qld Pty Ltd [2024] FCA 502
PRACTICE AND PROCEDURE – interlocutory application to enforce contractual restraint of trade clause – application of Restraint of Trade Act (NSW) – where applicant bears the onus of proof – where there is a serious question to be tried – where the balance of convenience does not favour the grant of an injunction – application…
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Aristocrat Technologies Australia Pty Ltd v Light & Wonder, Inc. [2024] FCA 439
PRACTICE AND PROCEDURE – preliminary discovery – whether order for preliminary discovery should be made – whether documents sought by prospective applicant reasonably required to enable it to decide whether to commence proceeding in the Court against prospective respondents for (inter alia) misuse of confidential information and copyright infringement – significance of proceeding commenced by…
