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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United Petroleum Franchise Pty Ltd v Istanikzai (No 2) [2023] FCA 565
The Federal Court of Australia has ordered a stay of proceedings in an application to transfer to the Supreme Court of Victoria, pending the plaintiffs’ application for leave to file an amended statement of claim and writ.
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Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Orders) [2023] FCA 500
Federal Court orders franchise agreement void, personal guarantees declared void ab initio. Awards of $1.8M, $1.9M and $1.5M in compensation made, and further orders issued.
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Zulic v CMC Markets Asia Pacific Pty Ltd [2023] FCA 469
DISCOVERY – representative proceedings – impugned practices concerning online trading of contracts for difference and binaries – two applications for discovery – whether order for “catch-all” category of discovery appropriate – whether cash summary data should be produced – scope of documents and information to be produced by the applicants
