PRACTICE AND PROCEDURE - applications for extensions of time to file documents in compliance with orders of this Court - whether adequate explanation for delay - consideration of the effect of the delay on the ultimate resolution of this proceeding - consideration of the interests of justice
Wason on behalf of the Bar Barrum People #5 v State of Queensland [2015] FCA 1398
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Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 13
NATIVE TITLE - hearing of separate questions under r 30.01 of the Federal Court Rules 2011 (Cth) - whether a grant, and grants and conversions, comprise a previous exclusive possession act within s 23B of the Native Title Act 1993 (Cth) - whether land duly dedicated and established as a public road - consideration of the presumption of regularity - whether various past acts are valid within the terms of s 23B of the Native Title Act 1993 (Cth) - consideration of the meaning and operation of the decision in University of Wollongong v Metwally (1984) 158 CLR 447
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Kaur v Minister for Immigration and Border Protection [2016] FCA 10
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Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4
INDUSTRIAL LAW - penalties - whether penalties should be paid to appellant under s 546(3) of the Fair Work Act 2009 (Cth) - consideration of the "usual order" that person (or entity) who brings successful contravention proceeding is entitled to be paid any pecuniary penalty imposed - policy considerations - primary judge erred in finding that appellant should not receive payment of penalties because it would deliver a "windfall" - "windfall" principle problematic - payment of penalties to appellant would not deliver "windfall" in any case
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Astra Resources PLC v Australian Securities and Investments Commission [2016] FCA 8
PRACTICE AND PROCEDURE - application for a stay of an appeal until all claims at first instance were determined - where the continuation of the appeal would have fragmented the proceeding and increased costs - where the hearing of the appeal was likely to involve the examination of factual matters which the primary judge was also required to consider in the first instance proceeding.
Held: Application granted.
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Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12
PRACTICE AND PROCEDURE - application for an interlocutory injunction restraining the reproduction of house plans by the respondent - where the applicant alleged that the respondents had copied its house plans in infringement of the applicant's copyright in the plans - where the applicant alleged that the respondents represented that the plans were original works - whether the applicant had made out a prima facie case - whether the balance of convenience weighed in favour of the injunction.
Held: Application dismissed.
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Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2016] FCA 14
PRACTICE AND PROCEDURE - appeals from Federal Circuit Court of Australia - application for interlocutory orders staying orders made by judge of the Federal Circuit Court - orders made for vacant possession of premises - development of entire site for the Western Sydney airport at Badgerys Creek - whether ground or grounds of appeal arguable - balance of convenience - consideration of prejudice to appellants and to respondent Commonwealth - Held: stay granted on conditions for expedition of the hearing of the appeals
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Queensland Mining Corporation Ltd v Butmall Pty Ltd, in the matter of Butmall Pty Ltd (in liq) [2016] FCA 16
CORPORATIONS - whether Court should exercise power under s 473(1) of the Corporations Act 2001 (Cth) to remove liquidators - whether liquidators are subject to an actual or apparent conflict of interest - arguable conflict of interest not established - application dismissed
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Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia concerning whether the first respondent was the 'de facto partner' of her visa sponsor - does the absence of love and affection in a relationship necessarily mean there is not a genuine de facto relationship under s 5CB of the Migration Act 1958 (Cth) and reg 1.09A of the Migration Regulations 1994 (Cth)
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Automotive Components Limited (Receivers and Managers appointed) (in liquidation) v Secretary, Department of Industry and Science [2016] FCAFC 6
ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal on question of law
STATUTORY INTERPRETATION - Regulation 2.22 of the Automotive Transformation Scheme Regulations 2010 (Cth) - relevant time period for the assessment of compliance with conditions of registration in Scheme - whether assessment of compliance with production volume and value conditions is prospective or retrospective -interpretation of beneficial legislation - effect of Ministerial permission allowing continued registration
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Valra Pty Ltd as Trustee for Abdul Rahim Valibhoy Family Trust v Mag Men Holdings Pty Ltd [2016] FCA 23
PRACTICE AND PROCEDURE - application for preliminary discovery - r 7.23 of the Federal Court Rules 2011 - majority of shareholders agreed to sell their shares - compulsory sale of an aggrieved shareholder's shares pursuant to the terms of a shareholders' agreement - aggrieved shareholder alleges it may have a claim for relief for breach of contract and under s 233 of the Corporations Act 2001 (Cth) - whether the aggrieved shareholder satisfied the requirements of r 7.23.
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Milardovic v Vemco Services Pty Ltd (Administrators Appointed) [2016] FCA 19
INDUSTRIAL LAW - whether adverse action by reason of exercise of workplace rights to make a complaint and to make a WorkCover claim in respect of bullying - whether breach of National Employment Standards through failure to pay termination notice pay and redundancy entitlements
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Budby on behalf of the Barada Barna People v State of Queensland (No 5) [2015] FCA 1511
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Wilmar Sugar Australia Limited v Queensland Sugar Limited, in the matter of Queensland Sugar Limited [2016] FCA 20
CORPORATIONS - Queensland sugar industry - defendant engaged in the marketing of raw sugar for export - amendment of Constitution to vary members' rights - where plaintiff has terminated its supply agreement with the defendant - whether resolution of members amending Constitution or, alternatively, whether conduct of the defendant's affairs, is oppressive to, unfairly prejudicial to or unfairly discriminatory against the plaintiff as a member whose right under the Constitution to participate in the appointment of Mill Owner Directors has been extinguished
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Soden v Croker (No 2) [2016] FCA 15
PRACTICE AND PROCEDURE - application by Registrar of the Federal Court for vexatious proceedings order under s 37AO(2) of the Federal Court of Australia Act 1976 (Cth) - whether 103 proceedings over a 17-year period relied on by the Registrar were vexatious - meaning of "vexatious" and "proceeding" - whether proceedings instituted "frequently" - where respondent subject to a vexatious proceedings order in the Supreme Court of New South Wales: Attorney-General (NSW) v Croker [2010] NSWSC 942 - where respondent's s 78B notice of a constitutional matter and submissions as to the constitutional issue unintelligible - whether preconditions to exercise of discretion satisfied - where respondent's conduct evidences repeated patterns, including instituting proceedings without reasonable grounds, deficient pleadings, refusal to accept adverse decisions, re-litigation of the same disputes, disproportionate damages sought, pursuit of "spin off" proceedings, and unpaid costs orders - whether Court's discretion should be exercised - where 33 additional proceedings not relied on as vexatious - where respondent has demonstrated no insight into conduct - where order necessary to protect the integrity of the Court's processes and the public - extent of order warranted - order made under s 37AO(2)(b) not limited to subject matter or respondent
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Cole v Tillman [2015] FCA 1512
HIGH COURT AND FEDERAL COURT - Federal Court - jurisdiction - corporations - proceedings brought by beneficiaries against an alleged corporate constructive trustee and its directors for liabilities incurred by breach of trust
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Kijurina v Blignaut [2015] FCA 1518
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ASR15 v Minister for Immigration and Border Protection [2015] FCA 1513
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Roufeil v Jarvie [2015] FCA 1516
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Dunkerley v Comcare [2015] FCA 1519
PRACTICE AND PROCEDURE - application for extension of time and leave to appeal against order of judge exercising appellate jurisdiction under s 25 Federal Court of Australia Act 1976 (Cth) - consideration of court's power to make orders after proceeding finalised - no basis for perfection of order under r 39.05 or slip rule - consideration of power to set aside or vary order under s 25(2B)(bc) - court functus officio with no power to reopen entered order - where applicant failed to identify any error in earlier decision and application otherwise without merit
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