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Lastest Judgments from the Federal Court

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    INTELLECTUAL PROPERTY - passing off and misleading or deceptive conduct - appellants and respondents both brewers of craft beer with the names "Pacific Ale" and "Pacific"- where the physical appearance of both products was different - whether the primary judge erred in finding that the respondents had not represented that there was an association between them or their product and the appellants or the appellants' products - appeal dismissed TRADE MARKS - groundless threats of legal proceedings - trade mark infringement claim added after cross-claim for groundless threats commenced - no explanation for delay - whether the primary judge erred in finding the appellants did not act with due diligence in pursuing the claim for trade mark infringement - leave to appeal refused

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    MIGRATION – Authority’s acceptance of new information – adverse findings – whether decision not to hold additional interview was legally unreasonable

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    BANKRUPTCY AND INSOLVENCY - whether to approve liquidator's entry into litigation funding agreement and solicitors' retainer pursuant to s 477(2B) of the Corporations Act 2001 (Cth) - approvals granted

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge denied the appellant procedural fairness, or otherwise erred by failing to adjourn the hearing so that the appellant could seek legal representation, in circumstances where the appellant did not request an adjournment - appeal dismissed, with costs

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    MIGRATION - Application for judicial review of Minister's decision not to revoke cancellation of visa - Applicant convicted of defensive homicide - whether Minister took into account an irrelevant consideration by considering the cost of the Applicant's incarceration -whether Applicant denied procedural fairness by consideration of the cost of the Applicant's incarceration - whether the Minister failed to consider the true nature and extent of the cost of the Applicant's incarceration - whether the Minister misunderstood the remarks of the sentencing judge and the Court of Appeal - whether the Minister's reasoning process involved legal unreasonableness - application dismissed

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    MIGRATION - Safe Haven visa - Subclass 790 - submission of new information to the Immigration Assessment Authority - exceptional circumstances - no jurisdictional error

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    MIGRATION -- Refugees -- application for protection visa -- whether the Immigration Assessment Authority failed to take into account a claim or an integer of a claim -- whether the Authority failed to consider "the fluid political situation" in the appellant's country of nationality when determining whether he had a well-founded fear of persecution -- application of the "real chance" test -- whether the Authority erred in equating a low risk of detention with the absence of a real chance of persecution

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    MIGRATION - appeal from a decision of the Federal Circuit Court refusing to make an order under s 477(2) of the Migration Act 1958 (Cth) - notice of objection to competency of appeal on the basis of s 467A(3) of the Migration Act 1958 (Cth)

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in finding that the Refugee Review Tribunal applied the correct test as to whether the appellant had a well-founded fear of persecution - appeal dismissed, with costs

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    PRACTICE AND PROCEDURE - Judgments and orders - Judgment for claims not pleaded - No agreement to litigate issues beyond matters raised in pleading - Judgment set aside in part PRACTICE AND PROCEDURE - Pleading - Adequacy of pleading - Incoherency - Failure to plead essential elements EQUITY - Confidential information - Whether information provided pursuant to franchise agreement had the quality of confidence EQUITY - Injunctions - Width of injunction - Limits on scope of injunction granted under the Australian Consumer Law - Injunction limited to that necessary to prevent further breaches

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    MIGRATION - appeal from decision of Federal Circuit Court of Australia ("FCCA") - whether FCCA judge erred in finding that the Immigration Assessment Authority ("IAA") did not fail to consider whether appellant a member of a "particular social group" within the meaning of s 5L of the Migration Act 1958 (Cth) ("Act") - whether FCCA judge erred in not finding that the IAA failed to give appellant opportunity to respond by not providing certain reports to him - whether IAA required to provide reports by s 473DE of the Act - appeal dismissed

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    MIGRATION - Review of decision not to revoke cancellation decision - Asserted grounds not raising any jurisdictional error

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    EVIDENCE - exclusion of evidence at trial under s 135 of the Evidence Act 1995 (Cth) - whether primary judge erred in excluding affidavit - whether primary judge should have considered whether misleading, confusing or prejudicial effect could be overcome by the trial judge adjusting weight to be given to the evidence - application for leave to appeal and appeal allowed - application remitted to Federal Circuit Court

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    INDUSTRIAL LAW - industrial action - contraventions of ss 343, 417 and 421 of the Fair Work Act 2009 (Cth) - assessment of penalties

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    APPEAL AND NEW TRIAL - proceedings in Federal Circuit Court of Australia dismissed as having no prospects of success - lack of prospects explained by want of jurisdiction - whether order dismissing proceedings for want of jurisdiction interlocutory - whether leave to appeal required INDUSTRIAL LAW -- Certificate purportedly issued by Fair Work Commission pursuant to s 776 of the Fair Work Act 2009 (Cth) - Commission having no jurisdiction to deal with unlawful termination dispute - Certificate having no legal effect -- whether purported issue of Certificate had effect of enlivening jurisdiction of Federal Circuit Court of Australia in an action alleging unlawful termination INDUSTRIAL LAW - allegations against non-employer parties asserting involvement of others in unlawful termination - facts asserting accessorial liability under s 550 of the Fair Work Act 2009 (Cth) - availability of cause of action - preconditions to jurisdiction of Federal Circuit Court of Australia to hear such a claim

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