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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Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356
INDUSTRIAL LAW – application to declare restrictive covenants in an employment contract and shareholder agreement invalid – where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales – applications for declarations that the employment ceased by reason of redundancy and also as to how…
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Hera Project Pty Ltd v Woolworths Ltd [2024] FCA 1339
PRACTICE AND PROCEDURE – security for costs – failure to provide security as ordered – looming trial date – application to dismiss proceeding – competing applications to discharge security or extend time for its provision – no satisfactory evidence about mechanisms to provide security if time is extended – unsatisfactory history of non-compliance – cascading…
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Killer Queen, LLC v Taylor [2024] FCAFC 149
TRADE MARKS – infringement of registered trade mark established – where registered trade mark is a name – joint tortfeasance – principles discussed TRADE MARKS – specification of registered goods – meaning of “clothes” – role of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of…
