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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The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44
PATENTS – appeal from decision of primary judge dismissing applicant’s claim of infringement of patents for jump starter device, declaring patents to be invalid and revoking patents – whether primary judge erred in finding that certain claims would have been obvious to a person skilled in the art in light of the common general knowledge…
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South32 Aluminium (RAA) Pty Ltd v Siemens Ltd [2026] FCA 399
DISCOVERY – Application for further and better discovery – where relevant documents produced by employees of related entity pursuant to an employee-sharing arrangement – where certain terms of that arrangement purported to eschew an agency relationship – whether documents are within the “control” of the respondent – application granted
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Australian Securities and Investments Commission v Electro Optic Systems Holdings Limited [2026] FCA 405
CORPORATIONS – application for declaration of contravention of s 674A(2) of the Corporations Act 2001 (Cth) – agreed penalty sought – where defendant failed to notify ASX of changes to revenue forecast which could reasonably be expected to have a material effect on the value of its shares – appropriateness of agreed penalty considered –…
