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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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138
INTELLECTUAL PROPERTY – trade marks – originating application alleging infringement of trade marks including the plain word mark mercato – whether the respondent has used, as a trade mark, a sign that is deceptively similar to any one of the applicant’s trade marks sued upon – cross-claim for cancellation of trade marks or rectification of…
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Austin Engineering Ltd v Podulova (No 2) [2023] FCA 1627
COSTS – costs orders – where no hearing on the merits – where interlocutory application resolved by agreement
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Stanford v DePuy International Pty Ltd (No 8) [2024] FCA 35
PRACTICE AND PROCEDURE – representative proceeding – group member settlement scheme previously approved by Court – interlocutory application by administrator of settlement scheme – application seeking approval of payment of administrative costs – certain costs disputed by respondents – where administration costs time costed – whether costs relate to work properly undertaken – whether costs…
