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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Fulton v Chief of Defence Force [2023] FCAFC 134
DEFENCE AND WAR – appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force – officer’s retention considered not to be in the interests of the Defence Force – whether delegate required to take into account annual personal performance reports – whether a…
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Chief Executive Medicare on behalf of Commonwealth of Australia v Healius Pathology Pty Ltd [2023] FCA 981
HEALTH LAW – contraventions of prohibitions in Pt IIBA of the Health Insurance Act 1973 (Cth) – prohibited benefits provided by lessors connected to pathology service requesters (medical practitioners) to pathology service providers – agreed rental for pathology room premises substantially different from the market value – four contraventions – where parties agreed on civil…
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Australian Securities and Investments Commission v Commonwealth Bank of Australia [2023] FCAFC 135
CORPORATIONS – conflicted remuneration – Div 4 of Pt 7.7A of the Corporations Act 2001 (Cth) (Act) – where the first respondent (CBA) and the second respondent (CFSIL) entered into arrangements whereby CFSIL would develop and manage, and CBA would distribute, a superannuation product – where CFSIL agreed to pay a proportion of net annual…
