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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Australian Information Commissioner v Australian Clinical Labs Ltd (No 2) [2025] FCA 1224
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Australian Competition and Consumer Commission v Telstra Limited (No 2) [2025] FCA 1220
CONSUMER LAW – where liability for contraventions of Australian Consumer Law established by previous judgment – orders as to relief jointly proposed by parties – appropriateness of declaratory relief – factors bearing upon setting of penalty – relevance of theoretical maximum penalty – penalty imposed – declaratory relief declined – costs awarded by consent
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eSafety Commissioner v Rotondo (No 4) [2025] FCA 1191
COMMUNICATIONS LAW – Where the applicant seeks declarations that the respondent contravened the Online Safety Act 2021 – where the respondent admits to contravening the Online Safety Act 2021 – declaration made. COMMUNICATIONS LAW – Where the applicant seeks pecuniary penalty – where the respondent admits to contravening the Online Safety Act 2021 – where…
