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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Orikan Group Pty Ltd v Vehicle Monitoring Systems Pty Limited [2023] FCA 1031
PRACTICE AND PROCEDURE – interlocutory application for stay of proceedings on basis of Anshun estoppel and strike out of claims on basis of abuse of process – whether claim for invalidity of patent should have been raised in earlier proceedings – application dismissed
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Australian Securities and Investments Commission v Wilson (No 3) [2023] FCA 1009
CORPORATIONS – directors’ duties – duty of care and diligence – s 180(1) of the Corporations Act 2001 (Cth) – alleged failure by managing director to tell board of termination of material agreements – consideration of hypothetical reasonable director – finding that managing director knew of possibility of termination – finding that hypothetical reasonable director…
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Roberts-Smith v Fairfax Media Publications Pty Limited (No 44) [2023] FCA 1013
PRACTICE AND PROCEDURE — application for disqualification from hearing and determining two applications brought by the Commonwealth of Australia on ground of apprehended bias — where application brought by the applicant in three unsuccessful defamation proceedings — where serious findings of fact and credit made against the applicant in main judgment — whether the hypothetical…
