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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Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6
CORPORATIONS LAW – where now insolvent plaintiff company executed a mortgage over land in favour of the defendant to secure borrowings from the defendant by two other companies – where all three companies share two common directors – where each of the three companies also had other directors – where the two common directors had…
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Australian Securities and Investments Commission v Daly (Penalty Hearing) [2024] FCA 3
CORPORATIONS — civil penalty proceedings — penalty phase — duties of officers of responsible entity of a registered managed investment scheme — where respondents found to have breached duties owed pursuant to s 601FD(1) and thereby breached s 601FD(3), a civil penalty provision, of the Corporations Act 2001 (Cth) — where three of four respondents…
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Siemens WLL v BIC Contracting LLC (Stay Extension) [2024] FCA 2
PRACTICE AND PROCEDURE – application to extend stay of orders setting aside garnishee order – where debt the subject of the garnishee order located in England – where applicants seek further time to consider merits of any appeal and enforcement options – consideration of relevant principles – risk of commercial harm – where application amounts…
