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
-
Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963
PRACTICE AND PROCEDURE – patents – interlocutory application for question to be heard separately pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where proposed separate question concerns the relevant time at which a patent applicant’s knowledge of the best method is to be fixed for the purposes of s 40(2)(a) of…
-
Wardman v Macquarie Bank Limited (No 2) [2023] FCAFC 125
PRACTICE AND PROCEDURE – appeal – parties compromised proceeding after delivery of judgment and before final orders made – whether appropriate to make orders setting aside all orders of primary judge and dismissing the proceedings – held such orders appropriate – orders made in accordance with parties’ proposed consent orders
-
Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934
INDUSTRIAL LAW – breach of award and statutory obligations – significant underpayments – pecuniary penalties – agreed contraventions – application of “course of conduct”, “totality”, and “accessorial liability” principles – appropriateness of declaratory relief – no declaratory relief granted – significant penalties imposed
