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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PSC AMGI WSC Pty Ltd v J&P Capital Insurance Pty Ltd [2025] FCA 1057
CONTRACTS – deed of settlement – competing applications for orders to give effect to terms of deed – where deed provided for one party to transfer certain assets no later than 7 days after the date of deed and the other party to pay the settlement sum of $80,000 no later than 7 days after transfer of…
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Liberty Primary Metals Australia Pty Ltd v Greensill Capital (UK) Limited [2025] FCA 1065
CORPORATIONS – urgent application for orders to compel removal of financing statements/registrations from Personal Property Securities Register under s 182(4) of the Personal Property Securities Act 2009 (Cth) – where plaintiff granted security interests for defined purpose – where contemporaneous evidence shows security interests to now be obsolete – where continuing registration of security interests…
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Latitude Finance Australia v Australian Securities and Investments Commission [2025] FCAFC 124
CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and electrical goods from the second applicant’s franchised stores by equal monthly payments of the purchase price for the goods over 60 months…
