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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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 13) [2025] FCA 1078
PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
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Australian Competition and Consumer Commission v The Good Guys Discount Warehouses (Australia) Pty Ltd [2025] FCA 1085
CONSUMER LAW – misleading conduct – enforcement and remedies – where orders sought by consent of the parties – where respondent has made admissions of contravention – three separate categories of contravening conduct comprising separate courses of conduct – consideration of the relevant principles – whether quantum of penalty appropriate – whether form of declarations…
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Lamson Concepts Pty Ltd v Oscuro (No 2) [2025] FCA 1100
PRACTICE AND PROCEDURE – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of commercially sensitive information – whether orders necessary to prevent prejudice to proper administration of justice – application granted
