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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Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37
COMPETITION – where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle – where claims of anti-competitive conduct contrary to law were made – where appeal dismissed but reasons not yet published to the public PRACTICE AND…
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Australian Securities and Investments Commission v Piggott Wood & Baker (A Firm) (No 7) [2023] FCA 193
CORPORATIONS – application by liquidator of unregistered managed investment scheme for directions – whether s 601EE of the Corporations Act 2001 (Cth) permits the making of an order for the payment of unclaimed monies held by a liquidator of an unregistered scheme to ASIC to be held as if the monies are unclaimed or undistributed…
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Hakea Holdings Pty Ltd v Neon Underwriting Limited for and on behalf of the Underwriting Members of Lloyds Syndicate 2468 [2023] FCAFC 34
INSURANCE – Directors and Officers liability insurance – where policy excludes liability for loss in connection with a claim arising out of or attributable to or in connection with any director gaining any personal profit or advantage to which he or she was not legally entitled – where exclusion subject to a proviso that it…
