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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INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 3) [2024] FCA 1221
PRACTICE AND PROCEDURE – whether applicants should be permitted to cross-examine deponents of affidavits relating to discovery regime – discovery proceeded according to categories – relevant previously undiscovered documents produced during 11-week liability trial – trial steps still pending – continuing obligations of parties and lawyers in relation to discovery – whether leave required to…
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AEI Insurance Group Pty Ltd v Martin (No 5) [2024] FCA 1231
COSTS – application for indemnity costs where applicant made Calderbank offer – whether it was unreasonable for the respondent to have rejected the offer – the respondent’s rejection of the offer was unreasonable – indemnity costs ordered
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Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
PATENTS – whether skilled person could be reasonably expected to have ascertained international patent publication – where patent database would have been one of the databases searched by person skilled in the art – where expert provided with search results which formed a subset of larger set of search results which would have been derived…
