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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Vehicle Monitoring Systems PL v SARB Management Group PL (No 13) [2025] FCA 1078
PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
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Anthony v Apple Inc [2025] FCA 902
COMPETITION LAW — representative proceeding against Apple by developers and users — representative proceeding against Google by developers and users — group members’ claims for overcharge — digital technology — Apple mobile devices — Android mobile devices — operating system software — smart phones — tablets — personal computers — native apps — web apps…
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Torc Solutions PL v Unex Corporation [2025] FCA 1124
CONTRACTS – formation – where applicant and second respondent were parties to a Distributor Agreement – where closure of the second respondent announced – where applicant and first respondent executed a Branded Product Distribution Agreement – where applicant alleged that applicant and first respondent made an alternative agreement or that such agreement could be inferred…
