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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Southernwood v Brambles Limited (No 3) [2026] FCA 418
CORPORATIONS – shareholder class action – representative proceedings – listed securities – earnings guidance for sales revenue and Underlying Profit growth – misleading or deceptive conduct relating to securities – contravention of s 1041H of the Corporations Act 2001 (Cth) – contravention of s 12DA of the ASIC Act 2001 (Cth) – contravention of s…
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Kutti Bay Investments Pty Ltd v Rattlejack Innovations Pty Ltd [2026] FCA 422
PRACTICE AND PROCEDURE – interlocutory application for declaration that the applicant’s application to amend patents in suit is an abuse of process – whether the proposed amendments are seeking to circumvent earlier decisions of the Court with respect to related patents in the same patent family – held: application allowed in part
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Marlu Transport Solutions Pty Ltd v Bishdun Pty Ltd (No 2) [2026] FCA 420
PRACTICE AND PROCEDURE – application for leave to file cross-claim – proposed cross-claim would open significant field of forensic dispute – trial listed in one month’s time – no adjournment of trial sought or appropriate – insufficient time to ensure a fair and orderly trial – duplication and inefficiency from any new proceeding not excessive…
