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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - application to reopen appeal - where Full Court delivered judgment in March 2014 - alleged denial of procedural fairness - alleged failure by Tribunal to consider 13 year delay in processing visa application - alleged failure to have regard to prospect of indefinite detention - grounds for reopening not made out - motion to vary or set aside judgment dismissed with costs

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    MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in failing to find jurisdictional error in Tribunal's approach to finding the appellant lacked credibility - no failure by Tribunal to separately consider claim based upon complementary protection - no error in relation to provision of transcript of Tribunal hearing - appeal dismissed

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    MIGRATION - whether Tribunal had a duty to investigate - no duty to investigate matters concerning appellant's political activities - no jurisdictional error

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    MIGRATION - appeal from a judgment of the Federal Circuit Court ("the FCC") - where the FCC had dismissed an application for judicial review of a decision of the Immigration Assessment Authority ("the IAA") - where the IAA had affirmed a decision of a delegate of the Minister to refuse to grant the applicant a Safe Haven Enterprise (Class XE) Subclass 790 visa - whether the FCC erred by dismissing the application for judicial review - whether the IAA had irrationally or illogically declined to have regard to "new information" constituted by a psychiatrist's opinion on the applicant's credibility because it was not satisfied that there were exceptional circumstances to permit it to do so pursuant to s 473DD of the Migration Act 1958 (Cth) - whether the IAA had misconstrued or misapplied s 473DD

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    NATIVE TITLE - interlocutory applications to be joined as a respondent in claimant applications made under the Native Title Act 1993 (Cth) - where consent determination scheduled - whether a relevant interest is demonstrated - whether reason demonstrated why the Court should exercise discretion to order joinder - interlocutory applicant joined as respondent

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    MIGRATION - appeal from Federal Circuit Court - whether primary judge erred in failing to find that the Tribunal had failed to consider an integer of the appellant's claim - no error established

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    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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    MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Refugee Review Tribunal - whether Tribunal failed to consider relevant consideration - whether Tribunal acted irrationally or illogically or unreasonably - no jurisdictional error established - appeal dismissed.

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    CORPORATIONS - the liquidator claimed that payments made by a company whilst insolvent were unfair preferences - defence under s 588FG(2) of the Corporations Act 2001 (Cth) - whether the defendant discharged onus of establishing the elements of the defence.

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - procedural fairness - whether Tribunal's decision was irrational or illogical - no jurisdictional error - appeal dismissed

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    COMPETITION - alleged contravention of Trade Practices Act 1974 (Cth) - price fixing and market sharing - where relevant markets are for land cables and submarine cables in Australia - where alleged overarching international cartel arrangement or understanding - whether subsequent alleged arrangement or understanding relating to a tender on a specific project contravened Act - whether subsequent alleged arrangement or understanding gave effect to alleged overarching cartel arrangement or understanding - whether participation of one cartel member in a specific project was necessary for contraventions by other members - whether issuing a price guidance and submitting a tender gave effect to alleged arrangements or understandings PRACTICE AND PROCEDURE - natural justice - whether findings of trial judge went beyond the case pleaded at trial

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether Tribunal failed to comply with s 424A of the Migration Act - whether Tribunal failed to consider claims cumulatively- no jurisdictional error - appeal dismissed

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    NATIVE TITLE - consent determination - requirements of ss 87A and 94A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders

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    EVIDENCE - Public Interest Immunity - where Minister's delegate issued a certificate under s 438 of Migration Act 1958 (Cth) that disclosure of documents could form basis for claim by the Crown in right of the Commonwealth in judicial proceeding that documents not be disclosed - lack of any bona fide basis for issue of certificate under s 438 - consideration of public interest immunity claims - held disclosure of documents not contrary to public interest

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    PRACTICE AND PROCEDURE - application to review a decision of a Registrar - decision of Registrar to refuse an adjournment of the hearing of an application to set aside a bankruptcy notice - review application dismissed

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    MIGRATION - Application for extension of time to appeal - Application dismissed.

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    BANKRUPTCY - application by trustee in bankruptcy for an order granting vacant possession of property - orders made by consent

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