Mokhtari v Piacentini & Son Pty Ltd [2025] FCA 26

Federal Court of Australia

Mokhtari v Piacentini & Son Pty Ltd [2025] FCA 26 File number: WAD 33 of 2024

Judgment of: COLVIN J

Date of judgment: 29 January 2025

Catchwords: 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

Legislation: Fair Work Act 2009 (Cth)

Division: Fair Work Division

Registry: Western Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 13

Date of hearing: Determined on the papers

Counsel for the Applicant: The applicant is self-represented

Counsel for the Respondent: The respondent did not appear

ORDERS WAD 33 of 2024

BETWEEN: MIRMEHDI MOKHTARI Applicant

AND: PIACENTINI & SON PTY LTD (ABN 18 008 797 715) Respondent

order made by: COLVIN J DATE OF ORDER: 29 January 2025

THE COURT ORDERS THAT:

1. The interlocutory application by the applicant for orders for the preservation of documents be determined on the papers. 2. The interlocutory application be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.