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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Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd (No 2) [2025] FCA 987
PRIVILEGE – legal professional privilege – third party reports – investigation of alleged misconduct of employees – whether third party reports were created for the dominant purpose of receiving legal advice – held that reports were subjective to legal professional privilege PRIVILEGE – waiver – implied waiver – whether voluntary disclosure of aspects of the…
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Transport Workers’ Union of Australia v Qantas Airways Limited (Penalty) [2025] FCA 971
INDUSTRIAL LAW – where Qantas was previously found to have engaged in the largest ever contravention of the general protections provisions of Pt 3–1 of the Fair Work Act 2009 (Cth) – where the issue of pecuniary penalty fell to be determined – consideration of culture within Qantas where evidence of contrition is not persuasive…
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Cropper v Energy Action (Australia) Pty Ltd (No 3) [2025] FCA 950
INDUSTRIAL LAW – application for statutory compensation and damages – underpayment of statutory entitlements – quantum of loss arising from breach of contract – where liability established by previous judgment – where quantum partly determined – where parties agree with court’s assessment of loss arising from failure to provide public holiday pay – calculation of…
