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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Chan v Moore [2026] FCA 496
CORPORATIONS – rejection by liquidator of proof of debt – where proof of debt based on contested balance in director loan account – where director claims advances made to company by a related company in Hong Kong were capital contributions made by her, or on her behalf, and should be treated as credits to her…
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Australian Competition and Consumer Commission v Emma Sleep GmbH (Penalty) [2026] FCA 493
CONSUMER LAW – Second and Third Respondents liable for misleading and deceptive conduct in relation to sale of mattresses – appropriate pecuniary penalty – contravening conduct consists of two courses of conduct – whether contravening conduct involved deliberate courting of risk of contravention – determining the loss to consumers and benefit to the Respondents –…
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Director of Consumer Affairs Victoria v White Ray (Oakleigh) Pty Ltd [2026] FCA 497
CONSUMER LAW – admitted contraventions of the Australian Consumer Law – orders as to relief jointly proposed by parties – jurisdiction of court – factors bearing on setting of penalty – penalty imposed
