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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Parsons v Serco Citizen Services Pty Limited [2024] FCA 754
INDUSTRIAL LAW – unlawful termination – whether the respondent contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against the applicant because he exercised workplace rights by making complaints – where the applicant’s employment was terminated following complaints made against him by another employee and by him against his managers…
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RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent’s validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error –…
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Skildum-Reid v University of Queensland [2024] FCA 733
PRACTICE AND PROCEDURE – discovery – preliminary discovery – application under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) – documents sought in relation to alleged copyright infringement and infringement of moral rights – where applicant failed to provide sufficient evidence to satisfy criteria under either rule – application dismissed
