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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Forest Carbon Methodology Pty Ltd v Schultz [2023] FCA 943
SECURITY FOR COSTS – application by the defendants for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) and/or s 56 of the Federal Court of Australia Act 1976 (Cth) (FCA) – whether defendants met the threshold in s 1335 of the Act by establishing that there is reason to believe…
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Penttila v Woolworths Limited [2023] FCA 912
PRACTICE AND PROCEDURE – Application for an extension of time and leave to appeal the Federal Circuit and Family Court of Australia (Division 2) – Extension of time granted – Whether any merit in draft grounds of appeal – Application for leave to appeal refused – Application dismissed
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ThoughtWare Australia Pty Limited v IonMy Pty Ltd [2023] FCA 906
PRACTICE AND PROCEDURE – summary judgment – where question of construction is involved – where some complexity should not prevent summary judgment
