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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BAC Property Pty Ltd v Nee [2024] FCA 1243
PRACTICE AND PROCEDURE – application by plaintiffs for release from implied undertaking not to disclose or use documents or information obtained under compulsion in an earlier proceeding for preliminary discovery – in the interests of justice to grant the release – release granted PRACTICE AND PROCEDURE – application by plaintiff for ex parte freezing orders…
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ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 3) [2024] FCA 1238
PRACTICE AND PROCEDURE – application for further security for costs – where further security sought for past and future costs on basis of substantial amendments to pleadings – where application resisted on bases of delay and non-entitlement to additional costs claimed – “Rolls-Royce defence” in context of “Rolls-Royce litigation” – application of “broad brush approach”…
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Lehrmann v Network Ten Pty Limited [2024] FCA 1226
PRACTICE AND PROCEDURE – defamation – security for costs application – stay application – where respondents seek security for costs for appeal – where appellant seeks stay on costs orders below pending outcome of appeal – where appellant impecunious – where notices of contention filed – where findings against appellant below are serious – where…
