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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Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315
TRADE MARKS – application for removal from Register due to lack of good faith use under s 92(4)(b) of the Trade Marks Act 1995 (Cth) – whether use as a trade mark over the relevant four-day period – whether use in relation to relevant class of goods – whether use in good faith – where…
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Pennytel Australia Pty Limited v Engelke [2025] FCA 1384
CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an accessory in any contraventions – finding on the facts that no contraventions occurred CONTRACT – whether original…
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Universal City Studios LLC v Telstra Limited [2025] FCA 1390
COPYRIGHT – whether site blocking and ancillary orders with respect to 52 target online locations ought to be made under s 115A of the Copyright Act 1968 (Cth) (Act) – where the applicants rely on presumptions in s 126, s 131 and s 115A(5A) of the Act and on deemed admissions as to ownership of…
