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 Competition and Consumer Commission v Emma Sleep GmbH [2025] FCA 618
CONSUMER LAW – misleading and deceptive conduct and false and misleading representations about goods or services under ss 18 and 29(1)(i) of the Australian Consumer Law – agreed statement of facts – liability admitted in respect of Australian subsidiary in corporate group for certain representations – whether German parent company (Emma Sleep GmbH) or Philippines…
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Cavar v MSS Security Pty Ltd (No 2) [2025] FCA 606
INDUSTRIAL LAW – contract of employment – no loss established – application dismissed
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Australian Securities and Investments Commission v BPS Financial Pty Ltd [2025] FCAFC 74
CORPORATIONS – respondent carried on a financial services business within the meaning of Pt 7.6 of the Corporations Act 2001 (Cth) (Act) by issuing a facility for non-cash payments involving the “Qoin” digital currency or crypto-asset – whether the respondent was exempt under s 911A(2) of the Act from the requirement to hold an Australian…
