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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Smart EV Solutions Pty Ltd v Guy [2023] FCA 1580
EQUITY – injunctions – confidential information – director / employee leaving companies in a corporate group and starting a new business in the same industry – evidence that some information taken – injunction granted CORPORATIONS – director and employee duties – misuse of confidential information in competing business – breach of duties under Corporations Act…
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Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 3) [2023] FCA 1565
CORPORATIONS – continuous disclosure – pecuniary penalty – where, in an earlier judgment, the Court found that the defendant had contravened s 674(2) of the Corporations Act 2001 (Cth) – where the maximum penalty at the relevant time was $1 million – consideration of applicable principles – consideration of appropriate penalty – held: penalty of…
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Lucky v Ives [2023] FCA 1571
CORPORATIONS – application for leave pursuant to s 237 of the Corporations Act 2001 (Cth) to take steps to defend proceedings – where the company imminently faces an application for default judgment – where joint directors cannot agree on the appointment of solicitors – whether the scope of the leave granted should be limited –…
