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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StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCA 1271
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where urgent injunctive relief sought to restrain respondent from operating an ecommerce website – whether there is a prima facie case that favours injunctive relief – alleged breach of contractual restraint – alleged breach of contractual term not to use confidential information – misleading…
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Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 7) [2023] FCA 1273
CORPORATIONS – misleading or deceptive conduct – auditors – representative proceeding on behalf of shareholders in a company against the auditors of the company – where the applicant alleged that the auditors engaged in misleading or deceptive conduct in contravention of statutory provisions in relation to the conduct of certain audit and review engagements –…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
