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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Russell v S3@Raw Pty Ltd (Proper Place) [2023] FCA 1012
PRACTICE AND PROCEDURE – Transfer of proceedings – Proper place – Applicant’s solicitor and counsel located in Queensland – Second and Third Respondent residing overseas – Substantial connection to Melbourne – Balance of convenience – Application dismissed
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Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd (No 3) [2023] FCA 988
REPRESENTATIVE PROCEEDINGS – application for production of documents used in connexion with mediation – where documents subject to settlement privilege under s 131(1) of the Evidence Act 1995 (Cth) and s 53B of the Federal Court of Australia Act 1976 (Cth) – whether necessary and appropriate for Court to order production of documents which bear…
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Australian Competition and Consumer Commission v Dell Australia Pty Ltd (No 2) [2023] FCA 983
The Federal Court imposed a jointly proposed agreed pecuniary penalty as a deterrent despite defendants’ cooperation and contrition. The size of the contravener and its parent company were taken into account, and the maximum penalty may apply despite less serious misconduct.
