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
-
NCL Corporation Ltd v Norwegian Brand Ltd [2025] FCA 1613
INTELLECTUAL PROPERTY – trade marks – international registration designating Australia – objection to extension of international protection to Australia – whether trade mark applicant had intention to use mark in Australia – where trade mark applicant did not participate in appeal proceeding – no intention to use found PRACTICE AND PROCEDURE – international service –…
-
UON Pty Ltd v Hoascar (No 2) [2025] FCA 1608
INTELLECTUAL PROPERTY – confidentiality – interlocutory application to strike out parts of statement of claim – confidential information disclosed during employment for developing and testing system – contractual obligations of confidence – equitable obligations of confidence – confidentiality claims in statement of claim said to be untenable due to finding in related proceeding that patent…
-
Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2025] FCA 1591
PATENTS — patent application — high amylose wheat — hexaploid wheat plants with high amylose starch content — high ratio of amylose to amylopectin — synthesis of starch — enzymes being starch synthases — mutations in the three SSIIa genes on the A, B, and D genomes — triple-null mutations — product and process claims…
