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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Dreamstreet Lending Pty Ltd v Weiss (No 3) [2023] FCA 825
PRACTICE AND PROCEDURE – costs – where applicant had mixed success against first respondent – where applicant was unsuccessful against second and third respondents – claim for indemnity costs – whether applicant unreasonably refused offer of compromise under r 25.14(2) of the Federal Court Rules 2011 (Cth) – whether applicant unreasonably refused Calderbank offers –…
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Fine China Capital Investment Limited v Qi [2023] FCA 861
PRACTICE AND PROCEDURE – application for freezing order – ex parte application for freezing order – service outside Australia – application for leave to serve order outside Australia – application for substituted service
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Civil & Allied Technical Construction Pty Limited v Underwriters to Policy No. 01811320-14074, W1174593001, 1680000186CMC and 99-0006673-CGR [2023] FCA 857
PRACTICE AND PROCEDURE – application for indemnity costs of aborted application for default judgment – respondent failed to comply with multiple orders to file a defence – defence filed after application for default judgment filed – indemnity costs ordered
