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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Calix Limited v Grenof Pty Ltd [2023] FCA 378
PATENTS – claim for method of producing hydroxide slurries – construction of claim – whether claim infringed – whether s 121A of Patents Act 1990 (Cth) (“the Act”) applied to place onus on the respondents – whether Court satisfied that it was very likely that respondents’ product was made by the patented process – whether claim…
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IronStar Consulting Pty Ltd v Tully [2023] FCA 358
PRACTICE AND PROCEDURE – applications for discovery in categories – whether the discovery sought is necessary to facilitate the just resolution of the proceeding – whether the categories of discovery have been sufficiently addressed in the informal discovery process – whether categories of discovery sought are relevant to the issues in the proceeding – whether…
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AEI Insurance Group Pty Ltd v Martin (No. 2) [2023] FCA 277
PRACTICE AND PROCEDURE – interlocutory application seeking orders for non-standard discovery – inspection of mobile phones – whether order is necessary or desirable – application granted for discovery of limited categories and delivery up and examination of mobile phones
