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
-
Watson v Kriticos (Further Discovery and Adjournment) [2023] FCA 793
PRACTICE AND PROCEDURE – application for further discovery and adjournment of trial – whether reasonable grounds for being fairly certain that documents disclosing energy recycling mechanism in Second Respondent’s surf machines exist
-
Marundrury v Commonwealth Bank of Australia (No 3) [2023] FCA 807
PRACTICE AND PROCEDURE – application by applicants for leave to filed proposed pleading – application by respondent (the Bank) for summary dismissal of the proceeding – where the Bank contended that it could not plead to, or properly defend itself against, a proposed allegation of knowledge or constructive knowledge – whether proposed claim would be…
-
Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 2) [2023] FCA 811
REPRESENTATIVE PROCEEDINGS – class action – observations as to circumstances when the limitation period suspended by s 33ZE of the Federal Court of Australia Act 1976 (Cth) does not begin to run again when a case is settled without finally disposing of the whole of a group member’s claim in tort where personal injury damages…
