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Mokhtari v Piacentini & Son PL [2025] FCA 26

Mokhtari v Piacentini & Son PL [2025] FCA 26

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

  • Mokhtari v Piacentini & Son PL [2025] FCA 26

    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…

  • Rock Solid Industries International PL v Ozi 4X4 PL 2025 FCA 334

    DAMAGES – assessment of damages for infringement of registered designs – where default judgment was entered against respondent granting injunctive and declaratory relief – where applicant sought damages to reputation and additional damages – assessment of considerations relevant to award of damages – damages granted Related cases – design infringement

  • Perfect Day, Inc. v Commissioner of Patents [2025] FCA 270

    PATENTS – appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings – hearing de novo – claimed invention directed to providing a dairy substitute food composition that has the characteristics of cow’s milk – whether disclosure is clear enough and complete enough– whether claims lack support – whether specification is…

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