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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Smart Education Program Pty Ltd (in liq) v CLGC Australia Pty Ltd [2023] FCA 826
CONTRACTS – claim of breach of contract – whether a contract was formed by oral discussions, or by oral discussions in conjunction with subsequent conduct – where education business proposal was made orally in China – whether there was intention to enter into legal relations – no intention in circumstances where there was absence of…
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Australian National Imams Council Limited v Australian Communications and Media Authority (No 3) [2023] FCA 835
PRACTICE AND PROCEDURE – application to vary or set aside order as to costs on the ground it was made in the made in the absence of a party – circumstances in which the power under r 39.05, Federal Court Rules may be exercised – where no evidence explaining failure to appear – where no…
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Kemp v Westpac Banking Corporation (No 4) [2023] FCA 830
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 distribution scheme just – whether certain deductions from settlement sum should be allowed – where…
