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 Union Standard International Group Pty Ltd (Trial Ruling No 1) [2023] FCA 169
PRACTICE AND PROCEDURE – second defendant objects to documentary material adduced by plaintiff as evidence of settlement negotiations under s 131(1) of Evidence Act 1995 (Cth) – whether said evidence falls within an exception in s 131(2) and therefore can be adduced – consideration of exceptions in s 131(2)(b), (f), (i) and (j) – general…
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Boost Tel Pty Ltd v Singtel Optus Pty Ltd [2023] FCA 213
INTELLECTUAL PROPERTY – application for urgent interlocutory injunction – alleged infringement of trade mark – whether prima facie case of trade mark infringement – whether balance of convenience favours grant of interlocutory injunction – held: interlocutory injunction granted
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Tinkler Group Holdings Pty Ltd v Winter [2023] FCA 214
PRACTICE AND PROCEDURE – application for security for costs – whether application premature – whether security should be provided for past costs
