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
-
Duma v Fairfax Media Publications Pty Limited (No 4) [2023] FCA 159
PRACTICE AND PROCEDURE – where previous judgment erroneously stated that respondents had not pressed a particular part of their defence – where judge consequently failed to consider submissions on the point supposedly not pressed – whether in such circumstances orders previously made can be varied under r 39.05(h) of the Federal Court Rules 2011 (Cth)…
-
Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 6) [2023] FCA 164
PRACTICE AND PROCEDURE – freezing orders over assets and ancillary orders – where freezing orders had previously been made against certain defendants – where there is evidence that the defendant to the proposed additional freezing order is the registered proprietor of additional property and shareholdings not disclosed in examinations conducted by the receivers – where…
-
Muradian v Jones Lang Lasalle (Qld) Pty Limited [2023] FCA 165
PRACTICE AND PROCEDURE – interlocutory application for consolidation or hearing together under s 23 of the Federal Court of Australia Act 1976 (Cth) or r 30.11 of the Federal Court Rules 2011 (Cth) – interlocutory application for the determination of separate questions of law – facts of cases truly disparate – not suitable for consolidation…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0026
For more information, see the original judgement.
