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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ETO Group PL v ETO Gruppe Technologies GmbH [2025] FCA 1253
TRADE MARKS – appeal from decision of delegate of the Registrar of Trade Marks in an application for removal of the trade mark the subject of this appeal from the Register of Trade Marks pursuant to subs 92(4)(a) and (b) of the Trade Marks Act 1995 (Cth) – non-use – where respondent filed a submitting notice…
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Southern Cross Industrial Group PL v Mickala Mining Maintenance PL (Liability Trial) [2025] FCA 1363
PATENTS – construction – invalidity – whether claims 1 and 4 of innovation patent lack novelty – factual dispute concerning public availability – whether lack of innovative step – whether sole director of company authorised infringement of claims – whether sole director is liable as a joint tortfeasor – where claims 1 and 4 found…
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Moroney v TM Insight Operations Pty Ltd [2025] FCA 1337
CONTRACTS – restraint of trade – where restraints in shareholders agreement and employment agreement contain cascading provisions in relation to restraint duration and restraint area – whether restraints are void for uncertainty – whether restraints are reasonably necessary to protect legitimate interests of first and fifth respondents – HELD: restraints valid to an extent
