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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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…
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Yuanda Australia Pty Limited v Dawson [2023] FCA 551
PRACTICE AND PROCEDURE — application to strike out statement of claim with leave to re-plead — when allegations of a serious nature are made — whether pleading is evasive or ambiguous — whether pleading is likely to cause prejudice or embarrassment — Held: application granted.
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Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 (Summary)
DEFAMATION — defamation proceedings — where the applicant is a very well-known Special Air Service Regiment (SASR) soldier and a Victoria Cross recipient — where 14 defamatory imputations alleged — where there are multiple print and online publications — where imputations are of the most serious kind — imputations involving murder, bullying, assault and domestic…
