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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Australian Securities and Investments Commission v Latitude Finance Australia (No 2) [2024] FCA 1205
CONSUMER LAW – misleading or deceptive conduct – alleged contraventions of ss 12DA(1), 12DF(1) and 12DB(1)(a), (i) and (g) of the Australian Securities and Investments Commission Act 2001 (Cth) – where defendants prepared, published and broadcast, or caused to be prepared, published and broadcast, a large number of newspaper, radio, and television advertisements in Australia…
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Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 3) [2024] FCA 1209
CORPORATIONS – application for winding up under s 461(1)(k) of the Corporations Act 2001 (Cth) – where all parties consent to the making of winding up order – winding up order made CORPORATIONS – issue concerning the identity of the liquidators to be appointed on the winding up – where the current receivers seek to…
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Australian Securities and Investments Commission v Noumi Limited (No 4) [2024] FCA 1192
CORPORATIONS – continuous disclosure regime for entities listed on the Australian Stock Exchange – civil penalty – where first defendant in business of manufacturing and selling food products – where valueless inventory not written off – where revenue included invoices for unfulfilled purchase orders liable to cancellation – where declarations and pecuniary penalty made against…
