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
-
Medibank Private Limited v McClure [2026] FCAFC 38
LEGAL PROFESSIONAL PRIVILEGE – third party reports – investigation into cyber-attack – whether primary judge erred as to dominant purpose in finding that reports not subject to legal professional privilege – whether documents were created, commissioned or obtained for the dominant purpose of legal advice – grounds of appeal not sufficiently arguable to warrant grant…
-
Our Jim & Felicja Superfund Pty Ltd as trustee for the Jim & Felicja Superannuation Fund v Lindenfels Pte Ltd [2026] FCA 307
CORPORATIONS – application for relief under s 233 of the Corporations Act 2001(Cth) (Corporations Act) for claim of oppression of minority shareholders – intersection between contractual rights and fiduciary obligations – intersection between fiduciary obligations and statutory causes of action for oppression – where agency agreement appointed a company as marketing agent for the marketing…
-
Mastercard Asia/Pacific (Australia) Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 37
LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of serving affidavits that contained evidence to the effect that the appellants did not hold anti-competitive purposes in devising…
