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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First Class Securities Limited v Global Future Holdings Pty Ltd (Freezing Orders) [2026] FCA 48
PRACTICE AND PROCEDURE – application for freezing orders pursuant to r 7.32 of the Federal Court Rules 2011 (Cth) – where ex parte freezing orders and asset disclosure orders have been made against the respondents – whether applicant has established good arguable case, risk of undermining the Court’s processes – whether balance of convenience favours…
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Angelis v CP Pty Ltd [2026] FCA 49
CORPORATIONS – interlocutory application under s 280 of the Personal Properties Securities Act 2009 (Cth) (PPSA) for order requiring provision of a complete and correct response – where applicant made request for information relating to security interest pursuant to s 275 of the PPSA – where response given varied from other correspondence – whether response…
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Capic v Ford Motor Company of Australia Pty Ltd (Supplementary Common Questions and Other Issues) [2026] FCA 38
CONSUMER LAW – representative proceedings – where respondent manufacturer was found at trial to have supplied vehicles in Australia which did not comply with the guarantee of acceptable quality under s 54 of the Australian Consumer Law (‘ACL’) – where affected vehicles have been on-sold into the second-hand market and subsequent owners have acquired their…
