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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Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608
TRADE MARKS – appeal from decision of delegate of Registrar of Trade Marks – whether trade mark should be removed from Trade Marks Register for non-use – whether onus of proof discharged in relation to non-use period –whether Court should exercise discretion under s 101 of the Trade Marks Act 1995 (Cth) not to remove…
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Generate Group Pty Ltd v Harris [2023] FCA 605
CORPORATIONS – where liquidator purported to assign choses in action pursuant to a heads of agreement and deed of assignment – where court approval required under s 477(2B) of the Corporations Act 2001 (Cth) – where assignee commenced proceedings before court approval sought or granted – principles governing retrospective approval – interests of creditors and the…
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Lehrmann v Network Ten Pty Limited (Tribunal of Fact) [2023] FCA 612
JURY – defamation – whether the Court should direct a trial by jury under s 40 of the Federal Court of Australia Act 1976 (Cth) – whether jury best able to determine all or some factual issues – where all parties oppose direction of trial by jury – where prospect of juror bias – allegations…
