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
-
Australian Securities and Investments Commission v Open4Sale Global Ltd (No 2) [2025] FCA 1038
CORPORATIONS – failure by unlisted public company and two of its directors to comply with disclosure obligations when offering securities contrary to s 727(6) of the Corporations Act 2001 (Cth) (Corporations Act) – defendants each committing 101 contraventions – failure to lodge disclosure document with Australian Securities Investments Commission in relation to the offers – distribution…
-
Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material…
-
Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (No 2) [2025] FCA 1004
PRIVILEGE – legal professional privilege – whether draft agreements and email chains (Documents) disclose confidential information made for dominant purpose of providing legal advice – held Documents subject to legal professional privilege PRIVILEGE – waiver – whether unredacted disclosure under compulsory notice was inadvertent – whether voluntary disclosure in submissions inconsistent with maintenance of confidentiality…
