MIGRATION - partner visa - whether marriage genuine - spouse previously obtained protection visa based on homosexuality - Tribunal's premise that homosexuality fixed at and immutable from birth - premise prevented Tribunal from engaging with claims and material - irrational and illogical reasoning process - jurisdictional error - appeal allowed
ADMINISTRATIVE LAW - failure to consider circumstances specific to the visa applicant and spouse - illogical or irrational reasoning process - appeal allowed
Abboud v Minister for Immigration and Border Protection [2018] FCA 185
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El-Chahini v Minister for Immigration and Border Protection [2018] FCA 202
MIGRATION - reg 1.15AA of the Migration Regulations 1994 (Cth) - carer's visa - whether decision of the Administrative Appeals Tribunal miscarried in deciding that relatives who were citizens of or resided in Australia could reasonably provide assistance to the appellant - needs of the appellant in attending to practical aspects of daily life and capacity of relatives in Australia to provide care not properly considered - non-disclosure certificate under s 376 of the Migration Act 1958 (Cth) -whether non-disclosure constituted denial of procedural fairness - certificate arguably invalid - appeal allowed
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Australian Securities and Investments Commission v Antares Energy Ltd (administrators appointed) (No 2) [2018] FCA 212
PRACTICE AND PROCEDURE - service on defendant residing in United States of America not effected - deemed service - substituted service
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Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) [2018] FCA 215
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AAM16 v Minister for Immigration and Border Protection [2018] FCA 121
MIGRATION application dismissed by primary judge) application for extension of time and leave to appeal where delay is in the order of 315 days no reasonable prospects of success extension of time refused application dismissed
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SZUDO v Minister for Immigration and Border Protection [2018] FCA 194
MIGRATION application dismissed by primary judge appeal from Federal Circuit Court Tribunal failed to account for domestic violence as a relevant consideration Tribunal erred in failing to make independent appreciation of the facts found there was acts of engagement by the Tribunal no error by primary judge appeal dismissed
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DYO16 v Minister for Immigration and Border Protection [2018] FCA 195
MIGRATION application dismissed by primary judge appeal from Federal Circuit Court Tribunal allegedly failed to properly investigate primary judge correct in upholding Tribunals decision appeal dismissed
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Regis Aged Care Pty Ltd v Secretary, Department of Health [2018] FCA 177
STATUTES - statutory interpretation of the Aged Care Act 1997 - whether act contains an explicit or implied prohibition on the imposition of certain fees and charges not for the benefit of the care recipient - whether regulatory scheme imposes limitations on freedom to contract - certain fees and charges not for the benefit of care recipient prohibited - applicants' construction rejected.
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Friends of Leadbeater's Possum Inc v VicForests [2018] FCA 178
ENVIRONMENT LAW - statutory interpretation of regulatory scheme established under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and related legislation -non-compliance with a certain clause of a regional forest agreement - whether exemption in s 38(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) engaged - nature of the compliance with regional forest agreement required to engage exemption - applicant's construction rejected
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Silvia (Trustee) v Williams, in the matter of Williams (Bankrupt) [2018] FCA 189
BANKRUPTCY AND INSOLVENCY - transfer of property - value of consideration - whether transferee gave no consideration for the transfer - transfer of property for the purposes of Bankruptcy Act 1966 (Cth), s120(1) - whether transfer of funds was a transfer of property for the purposes of Bankruptcy Act 1966 (Cth), 120(1) - where transfer of property includes transfer of money in accordance with Bankruptcy Act 1966 (Cth), 120(7) - voidable transfers
EQUITY - claimed presumption of a trust in favour of the bankrupt
TRUSTS AND TRUSTEES - bankruptcy - whether funds transferred held on trust - where trustee seeks declaratory and other relief in order to recover property from bankrupt spouse for the benefit of the estate - whether proceeds of sale of property were held on trust for bankrupt where legal title in one name only - whether the bankrupt's beneficial interest in half the proceeds of sale vested in trustee upon bankruptcy - principles outlined in Allen v Snyder [1977] 2 NSWLR 685 - "common intention" trusts - "common intention" that property be held on trust - inference that property was intended to be matrimonial home - whether husband and wife held title in the matrimonial home as joint tenants or as beneficial tenants in common in shares in the proportions in which they had contributed to the purchase price
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CND16 v Minister for Immigration and Border Protection [2018] FCA 199
MIGRATION - appeal from decision of Federal Circuit Court of Australia ("FCCA") - whether FCCA judge failed to make independent judgement of initial decision-maker's decision to deny the appellants protection (Class XA) visas - appeal dismissed as appellants' case unsubstantiated
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Air Austral SA (deregistered) v Australian Securities and Investments Commission, in the matter of Air Austral SA (deregistered) [2018] FCA 216
CORPORATIONS - whether to grant orders directing restoration of deregistered foreign company to register pursuant to s 601CL(10) of the Corporations Act 2001 (Cth) - deregistered foreign company retained sufficient existence, and director sufficiently interested in its deregistration, to have standing to bring application as "aggrieved persons" - order granted as just in the circumstances, the company having been properly deregistered, deregistration being necessary for access to Australian asset and there being no evidence of likely prejudice
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MZAFR v Minister for Immigration and Border Protection (No 2) [2018] FCA 188
MIGRATION - whether the primary judge erred in not concluding that the then Refugee Review Tribunal (the Tribunal) had failed to comply with s 425(1) of the Migration Act 1958 (Cth) - whether s 425(1) of the Migration Act was not complied with because the appellant was not made aware of an issue which arose in relation to the decision of the Tribunal under review
ADMINISTRATIVE LAW - Writ of Certiorari to quash the decision of the second respondent - Writ of Mandamus, requiring the second respondent to determine, according to law, the appellant's application for judicial review
PRACTICE AND PROCEDURE - whether the appeal should be allowed - whether the orders made by the primary judge ought to be set aside
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Broadbent v Minister for Immigration and Border Protection [2018] FCA 173
MIGRATION - review of the decision of the Assistant Minister for Immigration and Border Protection - visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) on grounds of substantial criminal record - decision not to revoke visa cancellation - whether s 501(3A) of the Migration Act is unconstitutional - whether the Minister's decision could be supported by the evidence - application dismissed
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AHE17 v Minister for Immigration and Border Protection [2018] FCA 196
MIGRATION application dismissed by primary judge application for extension of time and leave to appeal where delay is in the order of 3 days accepted reasons for delay no reasonable prospects of success extension of time refused application dismissed.
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ABL Nominees Pty Ltd v Trinick (Administrators) (No 2) [2018] FCA 204
COSTS - whether the first respondent ought to pay the applicants' costs of the proceeding, fixed in a lump sum amount - whether the first respondent ought to pay the trustee of the bankrupt estate any funds withdrawn from the estate of the second respondent - whether the first respondent ought to pay the applicants' costs of the interim application
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AXL16 v Minister for Immigration and Border Protection [2018] FCA 208
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal - whether primary judge failed to give proper consideration to Appellant's case - whether primary judge gave adequate reasons for dismissing Appellant's case - where primary judge delivered ex tempore judgment
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Gill v Minister for Immigration and Border Protection [2018] FCA 222
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United Voice v Berkeley Challenge Pty Limited [2018] FCA 224
INDUSTRIAL LAW - application for compensation under s 545 of the Fair Work Act 2009 (Cth) (FWA) due to alleged breaches of the National Employment Standard - where the employer terminated the employment of various employees after losing a client contract for services which those employees performed - where the employer provided a notice letter to the employees advising them of the loss of client contract - whether this notice letter was a valid notice of termination under s 117 of the FWA - where the employer did not pay redundancy payments to the terminated employees - where the employer sought to rely on the "ordinary and customary turnover of labour" exception in s 119(1)(a) of the FWA - the meaning of this exception and whether it applied in the circumstances
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BNMB Transport Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2018] FCA 223
CONSUMER LAW - consumer guarantees - purchase of second-hand high performance vehicle where major failure occurred within two months of purchase - alleged breach of guarantees as to acceptable quality and fitness for purpose under sections 54 and 55 of the Australian Consumer Law - alleged contravention of statutory warranty under section 54 of the Motor Car Traders Act 1986 (Vic) - whether statutory defences made out - finding at trial that damage caused by harsh acceleration after point of sale - allegation of apprehended bias - burden of proof for statutory defences - whether finding of cause and timing of damage open on evidence - whether Jones v Dunkel inference appropriate for failure to call witness and produce documents - basis for accepting expert evidence - no appealable error made out.
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