BANKRUPTCY - appeal from Federal Circuit Court of Australia - where trustee in bankruptcy of the wife's estate sought declarations that transfers of two properties to the husband and a payment of money to a company associated with their son were void against the trustee pursuant to s 120 of the Bankruptcy Act 1966 (Cth) - where equity of exoneration raised as a defence - where primary judge held that the defence was not made out - whether primary judge erred in so holding - appeal dismissed
Gomez v Carrafa (Trustee) [2018] FCA 201
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ATQ16 v Minister for Immigration and Border Protection [2018] FCA 150
MIGRATION - purported appeal from judgment of Federal Circuit Court after dismissal of application for failure of applicant to appear at hearing
PRACTICE AND PROCEDURE - whether purported appeal incompetent because leave to appeal required by s 24(1A) of Federal Court of Australia Act 1976 (Cth)
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MZART v Minister for Immigration and Border Protection [2018] FCA 240
MIGRATION - application for leave to amend notice of appeal - new grounds of appeal not raised in Federal Circuit Court proceedings - whether proposed new grounds sufficiently meritorious - whether adequate explanation provided as to why grounds not argued previously - application to leave to amend notice of appeal rejected - appeal dismissed
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AJK15 v Minister for Immigration and Border Protection [2018] FCA 152
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CKZ15 v Minister for Immigration and Border Protection [2018] FCA 162
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - appeal dismissed
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AAJ17 v Minister for Immigration and Border Protection [2018] FCA 205
MIGRATION - appeal from decision of Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - whether Tribunal decision was legally unreasonable - where failure to disclose certificate made under s 438 of the Migration Act 1958 (Cth) - where disclosure of s 438 certificate could not possibly have affected the outcome - whether interpreter engaged in a language the appellant could understand - appeal dismissed
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SZVYE v Minister for Immigration and Border Protection [2018] FCA 192
MIGRATION application for extension of time within which to file an appeal from a judgment of the Federal Circuit Court whether the Tribunal failed to give due consideration to the applicants claim based on membership of a particular social group constituted by failed asylum seekers whether discretion to extend time should be exercised
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CRC15 v Minister for Immigration and Border Protection [2018] FCA 218
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in failing to find that the Tribunal did not consider a relevant consideration, an integer of the claim, a material question of fact or information - whether primary judge erred in failing to find that the Tribunal's findings were so unreasonable as to constitute jurisdictional error - appeal dismissed
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Voxson Pty Ltd v Telstra Corporation Limited (No 9) [2018] FCA 227
PRACTICE AND PROCEDURE expert evidence whether questions may be put to experts in joint expert conclave
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AVN16 v Minister for Immigration and Border Protection [2018] FCA 231
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in finding that the IAA had asked itself correct questions concerning the appellant's claims of feared harm from the TMVP - whether the primary judge erred in finding that the IAA had properly exercised its jurisdiction under s 473DD of the Migration Act 1958 (Cth) - whether the primary judge erred in upholding the IAA's finding that Sri Lankan authorities did not intend to inflict pain, suffering or extreme humiliation as a result of poor prison conditions - appeal dismissed, with costs
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BAZ15 v Minister for Immigration and Border Protection [2018] FCA 230
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in not finding that the Refugee Review Tribunal had breached s 425 of the Migration Act 1958 (Cth) by failing to give the appellant a reasonable opportunity to give evidence and present arguments about a claim that he sought to advance at the Tribunal hearing - appeal dismissed with costs
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Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235
TRADE MARKS cross-claim for revocation of trade marks pursuant to ss 41 and 88 of the Trade Marks Act 1995 (Cth) whether marks capable of distinguishing the relevant goods or services trade marks not inherently adapted to distinguish insufficient use to distinguish the designated goods from the goods of others trade marks to be revoked
TRADE MARKS whether trade marks BOHEMIA and BOHEMIA CRYSTAL infringed pursuant to s 120 of the Trade Marks Act 1995 (Cth) whether marks used as a trade mark or to describe geographical origin and quality of goods whether marks used in good faith pursuant to s 122 infringement found in some cases
CONSUMER LAW misleading or deceptive conduct in contravention of ss 18 and/or 29 of the Australian Consumer Law whether various impugned uses amounted to the making of misrepresentations held no contravention of the Australian Consumer Law
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ALW15 v Minister for Immigration and Border Protection [2018] FCA 190
MIGRATION - appeal from a decision of the Federal Circuit Court - whether Refugee Review Tribunal (RRT) denied the Appellant procedural fairness and/or breached its obligations under ss 424 or 425 of the Migration Act 1958 (Cth) - whether RRT failed to make an obvious inquiry about a critical fact, the existence of which is easily ascertained.
MIGRATION - whether constructive failure by the RRT to exercise jurisdiction - whether RRT failed to consider the risk to the Appellant of persecution or significant harm after his release from detention on being returned.
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Al Titi v Minister for Immigration and Border Protection [2018] FCA 239
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ADS15 v Minister for Immigration and Border Protection [2018] FCA 233
MIGRATION - Appeal from a decision of the Federal Circuit Court of Australia - Where appellant claimed he would suffer harm because of being a member of a particular social group characterised as failed asylum seekers - Where appellant claimed primary judge erred in approach to consideration of Minister Direction No. 56 - Whether primary judge erred - Appeal dismissed
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SZSUN v Minister for Immigration and Border Protection [2018] FCA 234
MIGRATION - Appeal from a decision of the Federal Circuit Court of Australia - Where appellant sought judicial review of a decision of the Refugee Review Tribunal - Whether primary judge erred in dismissing the appellants' application for judicial review - Appeal dismissed.
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SZUNF v Minister for Immigration and Border Protection [2018] FCA 220
MIGRATION - appeal from judgment of Federal Circuit Court - whether error demonstrated - application for protection visa - whether Tribunal obliged to make further enquiries - whether Tribunal gave opportunity to give evidence and present arguments - whether Tribunal's decision was unreasonable, illogical or irrational
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AGI15 v Minister for Immigration and Border Patrol [2018] FCA 232
MIGRATION - appeal from the Federal Circuit Court - whether Court erred in dismissing appeal from Refugee Review Tribunal - whether Tribunal failed to consider all the integers of Appellant's claim - whether case clearly arose on the material before the Tribunal - where Appellant suffered progressive skin depigmentation - where Tribunal only considered present appearance of Appellant
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O'Sullivan v Australian Securities and Investments Commission [2018] FCA 228
ADMINISTRATIVE LAW appeal from Administrative Appeals Tribunal whether denial of procedural fairness where Tribunal failed to consider additional agreed statement of facts and submissions
ADMINISTRATIVE LAW whether ASIC had power to disqualify under s 206F of the Corporations Act 2001 (Cth) whether ASIC delegate knew s 533 report was incorrect whether correctness of s 533 reports is a jurisdictional fact to enliven ASICs power under s 206F whether Tribunal had jurisdiction to review decision whether Federal Court may make findings of fact on appeal from Tribunal
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Tuiketei v Minister for Immigration and Border Protection [2018] FCA 206
MIGRATION - application for Partner (Temporary) (Class UK) visa - existence of de facto relationship - whether Tribunal failed to consider compelling and compassionate circumstances
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