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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EFEX Group Pty Ltd v Bennett [2023] FCA 508
INDUSTRIAL LAW —– application under s 562 of the Fair Work Act 2009 (Cth) and s 23 of the Federal Court of Australia Act 1976 (Cth) for order in the nature of prohibition directed at the Fair Work Commission restraining it from continuing to hear an unfair dismissal claim under s 394 of the Fair Work…
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CC/Devas (Mauritius) Ltd. v Republic of India (No 2) [2023] FCA 527
PRACTICE AND PROCEDURE – ex parte application for substitution of parties – power to make an order for substitution, and not merely joinder and removal – order for substitution must serve a useful purpose – valid succession to rights or liabilities is a condition precedent to substitution – substitution order made
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The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533
PRACTICE AND PROCEDURE – service out of the jurisdiction – substituted service – where the respondents are registered in Hong Kong and China – where the applicant claims that the respondents are infringing its Australian patents by conduct in Australia and seeks injunctive relief – where the applicant contends that it is not practicable to…
