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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Australian Workers’ Union v John Holland Pty Ltd [2023] FCA 892
PRACTICE AND PROCEDURE – application for temporary stay of proceedings pending determination of related Fair Work Commission proceedings – where prospective relief is sought and only available in the competing proceeding – where the competing proceeding is a non-judicial proceeding – where a temporary stay favours the health and safety of workers, and the timely…
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Reilly v Australia and New Zealand Banking Group Limited (No 5) [2023] FCA 896
REPRESENTATIVE PROCEEDINGS – application for approval of settlement of representative proceeding – s 33V of the Federal Court of Australia Act 1976 (Cth) – principles relevant to settlement approval – whether proposed settlement fair and reasonable – whether proposed settlement distributions scheme just – whether certain deductions from settlement sum should be allowed – where…
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Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880
COMPETITION – proceeding for civil contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) – cartel conduct – bid rigging – whether the respondents attempted to make an arrangement or arrive at an understanding containing a cartel provision, or attempted to induce a competitor to do the same – held: contraventions established;…
