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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Marlu Transport Solutions Pty Ltd v Bishdun Pty Ltd [2025] FCA 118
PRACTICE AND PROCEDURE – application for interlocutory injunction – applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business, and company and personal guarantees – applicant defaulted on obligation to make payments to fifth respondent – applicant alleges…
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Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
CORPORATIONS – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee – where clients moved from applicants to the respondents’ new employer – whether respondents breached the employment contract or used confidential information to solicit former clients – whether new employer liable as an accessory or for inducing breach…
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Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168
PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency channel – appeal against finding of infringement – disputed issues of construction – appeal against finding of validity – whether the invention claimed…
