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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Ivory v Howard [2024] FCA 1416
DEFAMATION – online publications – Facebook posts – where judgment entered against the respondent – impact of the publications – assessment of damages Recent cases on Defamation
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
TRADE MARKS — s 62(b) of the Trade Marks Act 1995 (Cth) – where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the trade mark applicant’s prior use of the mark – where the representations…
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Nova Supply Chain Finance Pty Limited v Active Capital Reinsurance Limited (a company incorporated in Barbados) [2024] FCA 1398
PRACTICE AND PROCEDURE – application to discharge freezing orders – whether balance of convenience favours the continuation of the orders – where orders served on banks – where respondents’ bank accounts frozen – where, if the orders were permitted to remain, companies would be wound up and the second respondent would be personally bankrupted –…
