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 Competition and Consumer Commission v Lactalis Australia Pty Ltd (No 2) [2023] FCA 839
CONSUMER LAW – pecuniary penalties – contravention of Competition and Consumer (Industry Codes-Dairy) Regulations 2019 (Cth) – criteria to be considered in assessing extent of penalty – penalties imposed
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Fair Work Ombudsman v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia [2023] FCA 828
INDUSTRIAL LAW – Contravention of s 46 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) – where Union admitted representative engaged in unlawful industrial action – assessment of pecuniary penalty to be imposed on Union pursuant to s 81(6) BCIIP Act- relevant principles in relation to penalty.
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Merryport Pty Ltd v Lawson [2023] FCA 838
Ex parte application granted due to allegations of serious fraud and dishonesty, with risk of assets being dissipated to avoid prospective judgment. Case found arguable.
