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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Trentham Enterprises Pty Ltd v Rahui [2024] FCA 1065
PRACTICE AND PROCEDURE – application for pre-action discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – where request for pre-action discovery made after prospective applicant made detailed allegations against prospective respondents in correspondence and threatened commencement of proceedings – whether information upon which allegations were based sufficient to enable prospective applicant…
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Finnegan v Washington (No 4) [2024] FCA 1054
PRACTICE AND PROCEDURE – referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) to prepare a report in respect of questions arising in interlocutory disputes – disputes involved the scope of a proposed subpoena, discovery, interrogatories and costs – issues as to scope of proposed subpoena and interrogatories not…
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Bartlett v Roffey (No 2) [2024] FCA 1026
COSTS – application for costs of interlocutory application on an indemnity basis – where applicant sought interlocutory orders for leave to commence defamation proceedings in this Court after discontinuing defamation proceedings in the Supreme Court of Western Australia – where proceedings in Supreme Court discontinued only after applicant failed on contested interlocutory application for proceedings…
