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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Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212
PATENTS – operation of 23(2)(a) of the Judiciary Act 1903 (Cth) – split decision of the High Court of Australia – where decision of the Full Court of the Federal Court of Australia affirmed – approach to be taken by single judge on remitter – whether Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents…
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Crowley v Worley Limited (Costs) [2024] FCA 211
COSTS – whether costs should be apportioned – where applicant succeeded on several questions but failed to obtain compensation – where any victory was Pyrrhic – costs not apportioned COSTS – whether order should extend to costs of initial trial before remitter – where evidence from initial trial deployed on remitter – where initial trial…
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Kidd v Kwek (No 2) [2024] FCA 194
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where second, third and fourth respondents have failed to comply with Court orders and failed to appear – where second, third and fourth respondents have failed to file notice of address for service – where…
