In the current pandemic parties to legal proceedings may be tempted to apply for an adjournment or further time, citing COVID-19 as the reason for the delay. Certainly the Federal Court of Australia has been quick to respond to the pandemic by changing its procedures and has even conducted entire trials using Microsoft Teams. This article discusses the circumstances where COVID-19 has been used as justification for a delay in proceeding and the Court’s view on granting stays for this reason. [Read more…]
Federal Court of Australia Act
Evidence from the Wayback Machine
The utility of evidence relating to the existence of websites on the internet and their contents sourced from the Wayback Machine is increasingly being considered by Australian Courts. The question is whether or not the Courts will accept reports from the Wayback Machine in practice and if so what will they allow? [Read more…]