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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Veolia Water Australia Pty Ltd v Centennial Springvale Pty Limited [2023] FCA 443
PRACTICE AND PROCEDURE – discovery – preliminary discovery – whether reasonable cause to believe that the prospective applicant may have a right to relief – whether other elements required by r 7.23 of the Federal Court Rules 2011 were established – application granted
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Selkirk v Hocking [2023] FCA 432
DEFAMATION – application brought by respondents pursuant to s 10A(4) of the Defamation Act 2005 (Vic) for an order that the “serious harm element” of the cause of action for defamation brought against them by the applicant be determined before the trial of the proceeding commences – where unclear whether ss 10A(5) and (6) of the…
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Henley Constructions Pty Ltd v Henley Arch Pty Ltd [2023] FCAFC 62
TRADE MARKS – appeal – where primary judge found that the respondent’s registered trade mark HENLEY was valid and infringed by the first appellant – whether primary judge erred in finding that HENLEY was capable of distinguishing the respondent’s services under s 41 of the Trade Marks Act 1995 (Cth) (the Trade Marks Act) –…
