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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UFC Enterprise Morley Pty Ltd v UFC Enterprise Northbridge Pty Ltd [2024] FCA 1396
PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – application before start of proceeding under r 7.01 – consideration of applicable principles – good arguable case for breaches of statutory and fiduciary duties and equitable compensation – danger of frustrating prospective judgment…
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Roadshow Films Pty Limited v Telstra Limited [2024] FCA 1388
COPYRIGHT – whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) – Held: site blocking and related orders made
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Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 2) [2024] FCA 1367
DAMAGES – determination of inputs for purpose of assessment of lost profits APPORTIONMENT – concurrent wrongdoers – representations misleading or deceptive – same representations made by two parties – value judgement as to apportionment of blame
