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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Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd [2023] FCA 873
COPYRIGHT – statement of claim alleged that director of company caused, authorised, directed or procured company to engage in conduct alleged to infringe copyright in plans – no material facts pleaded to support conclusion – no evidence adduced on summary judgment application to demonstrate any foundation exists to make allegation – uncontested evidence adduced by…
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Business Travel Media Pty Ltd v GroupM Communications Pty Ltd (No 3) [2023] FCA 876
PRACTICE AND PROCEDURE – application for summary dismissal or strike-out of the further amended statement of claim – where continued deficiencies in applicant’s pleading – principles relevant to summary dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – whether applicant has reasonable prospect of prosecuting the proceeding – discretion not…
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Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2023] FCA 859
CONSUMER LAW – pecuniary penalties – assessment of appropriate penalties to be applied following liability judgment in Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) [2021] FCA 956 – consideration of principles which govern pecuniary penalties – where contraventions were grossly exploitative, dishonest, and lacking…
