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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Zirk-Sadowski v University of New South Wales (No 2) [2023] FCA 897
PRACTICE AND PROCEDURE – application for default judgment – request for directions concerning summary judgment application – request for additional case management orders -applications and requests refused
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Gill v Ethicon Sarl (No 12) [2023] FCA 902
REPRESENTATIVE PROCEEDINGS – incorporated solicitors controlled by a public company and who claim to be entitled to $82 million in costs and disbursements for running a class action now seek an additional alleged “just” deduction of $32 million from the settlement proceeds which would otherwise be paid to women who suffered serious and chronic complications…
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UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885
PATENTS – infringement – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a car park) – where claim 1 comprised a system including a communication system and a computer program executable by a mobile communication device (such as a smartphone) wherein the device…
