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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Chief Executive Officer of the Tertiary Education Quality and Standards Agency v Chegg, Inc. [2026] FCA 330
CONSUMER LAW – where respondent admitted contraventions of s 114A(3) of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) – where pecuniary penalty sought by applicant not opposed by respondent – construction of s 114A(3) of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) and associated definitions – consideration of principles…
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Hitachi Rail STS Australia Pty Ltd v Schoof [2026] FCA 343
EMPLOYMENT – proper construction of enterprise agreement provisions concerning the calculation of penalty and overtime – whether allowances to be included in ‘base hourly rate’ – whether waiting time penalty provision for delay in payment of ‘wages’ applies to non-payment of allowances – held that allowances not to be included in base hourly rate and…
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Eaton v DePuy International Ltd [2026] FCAFC 33
CONTRACTS – contractual arrangements recording terms of settlement scheme of representative proceedings – where contractual arrangements make provision for dispute between parties to be resolved by third-party decision maker – where appeal to the court from third-party determination limited to error of law – whether third-party decision maker required to afford procedural fairness – distinction…
