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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Singh v Khan (No 2) [2023] FCA 239
THE COURT ORDERS THAT: 1. The appellant pay the respondents’ costs of and incidental to the appeal such costs to be assessed on a lump sum basis by a registrar if not agreed
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Greiss v Seven Network (Operations) Limited (Evidentiary Ruling) [2023] FCA 235
EVIDENCE – admissibility – hearsay – business records exception – whether representations in witness statements taken by police were admissible as business records under s 69(2) of the Evidence Act 2005 (Cth) or whether s 69(2) does not apply because the representations were made in connection with an investigation relating to a criminal proceeding (s 69(3)(b)) – where…
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Gill v Ethicon Sarl (No 10) [2023] FCA 228
REPRESENTATIVE PROCEEDINGS – two open class representative proceedings brought against manufacturer and supplier of pelvic “mesh” implants – where group members afflicted by physical, psychological and psychosocial difficulties – application under s 33V of the Federal Court of Australia Act 1976 (Cth) to approve settlement – bifurcation of question of approval of settlement and distribution of…
