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 Securities and Investments Commission v Macrolend Pty Ltd (No 3) [2025] FCA 1158
CORPORATIONS – debenture – whether certain loan and promissory note arrangements were “financial products” by reason of being debentures within the meaning of s 9 of the Corporations Act 2001 (Cth) CORPORATIONS – alleged contraventions of ss 911A(1) and 911A(5B) of the Corporations Act – whether first defendant company and third defendant company carried on…
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Australian Property Scout Holdings Pty Ltd v Titus (No 2) [2025] FCA 1154
PRACTICE AND PROCEDURE – Interlocutory Injunction – confidential information – whether the applicant has made out a prima facie case for breach of confidentiality obligations – where there is a sufficient likelihood of success to justify in the circumstances the preservation of the status quo pending the trial – where the balance of convenience favours…
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Pacific Current Group Limited v Fitzpatrick (No 2) [2025] FCA 1152
CORPORATIONS — merger of assets between Australian company and US company — Australian and US funds management boutiques — creation of unit trust — whether proper due diligence carried out by directors of Australian company — nature of interest in the WHV dividend and appreciation rights agreement — whether proper due diligence carried out concerning…
