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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Watkins v Tatana [2023] FCA 248
COSTS – applicants commenced defamation proceeding against respondent – counsel for respondent engaged on a pro bono basis – applicants took no steps to prosecute their proceeding – applicants sought to have their proceeding dismissed with no order as to costs – whether applicants should pay respondent’s costs of the proceeding – whether appropriate to…
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Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44
TRADE MARKS – application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) (the Act) – where primary judge dismissed an appeal from the decision of a delegate of the Registrar of Trade Marks in opposition proceedings – where delegate…
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Lehrmann v Network Ten Pty Limited (Notice to Produce) [2023] FCA 250
PRACTICE AND PROCEDURE – reasons specifically sought – application to set aside paragraph of notice to produce – whether document sought sufficiently relevant to application for extension of time – where notice a vehicle for the production of vast reams of material – where Notice a “fishing expedition” – Notice set aside in part
