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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Ballast Holdings Pty Ltd v Leonite Capital [2023] FCA 1245
CORPORATIONS – applications to set aside creditor’s statutory demands pursuant to ss 459G, 459H and/or 459J of the Corporations Act 2001 (Cth) – whether there is a genuine dispute about the existence of the debt the subject of the demands – where the corporate authority of the signatory to the loan transaction documents the subject…
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Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 3) [2023] FCA 1258
TRADE MARKS – infringement – whether the respondents have infringed the applicant’s registered trade marks comprising the word ORO TRADE MARKS – infringement – defences to infringement – whether the respondents can establish the defences under ss 122(1)(b)(i), 122(1)(e), 122(1)(f) and (fa), and 124 of the Trade Marks Act 1995 (Cth) TRADE MARKS – validity…
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Gabriel v Titan Recruitment Pty Ltd [2023] FCA 1243
INDUSTRIAL LAW – Application for extension of time to make a general protections court application pursuant to s 370 of the Fair Work Act 2009 (Cth) – application approximately 70 days out of time – where applicant has not sufficiently explained periods of delay following the issue of a certificate by the Fair Work Commission…
