Lawyers for litigation

Mokhtari v Piacentini & Son PL [2025] FCA 26

Mokhtari v Piacentini & Son PL [2025] FCA 26

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

  • Zirk-Sadowski v University of New South Wales [2023] FCA 805

    PRACTICE AND PROCEDURE – application for default judgment – where applicant has filed an originating application and concise statement but not a statement of claim – whether respondents required to file defence in circumstances where applicant has not filed statement of claim – application refused

  • The Owners – Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 3) [2023] FCA 814

    PRACTICE AND PROCEDURE – representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) – interlocutory application for an order pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) that the insurer of the respondent be joined to the proceeding as the second respondent – interlocutory application for…

  • Renet v Owner – Strata Plan SP22143 (Costs) [2023] FCA 821

    COSTS – appeal dismissed – appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for review of a Registrar’s orders – where Registrar made sequestration order against the estate of the appellant

Send this to a friend