MIGRATION - appeal from the Federal Circuit Court - refusal to grant student visa - application for extension of time to file a notice of appeal - whether proposed appeal has prospects of success - application dismissed with costs
Grewal v Minister for Immigration and Border Protection [2018] FCA 341
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CPF15 v Minister for Immigration and Border Protection [2018] FCA 330
MIGRATION - where Federal Circuit Court dismissed application for review of the Administrative Appeals Tribunal's decision to refuse applications for protection visas - where Federal Circuit Court refused application for an adjournment - where primary Judge gave ex tempore reasons - consideration of duty of a judge to provide reasons for decision - whether reasons of the primary Judge inadequate - whether Appellants denied procedural fairness - whether Appellants denied an opportunity to be heard
ADMINISTRATIVE LAW - consideration of duty of Judge to provide reasons - whether reasons for decision inadequate - whether Federal Circuit Court wrongfully refused application for adjournment - whether denial of opportunity to be heard
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Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) [2018] FCA 315
CORPORATIONS - whether leave ought to be granted pursuant to s 444E(3) of the Corporations Act 2001 (Cth) to allow the plaintiff to proceed against the first defendant company that is subject to a Deed of Company Arrangement - relevant factors to be taken into account on an application for leave under s 444E(3) of the Corporations Act - granting of leave under s 444E(3) of the Corporations Act nunc pro tunc - whether leave under s 444E(3) of the Corporations Act ought to be refused because to grant leave would be futile - whether the existence of a Deed of Company Arrangement constitutes a bar to proceedings in respect of which leave pursuant s 444E(3) of the Corporations Act has been granted - where there is substantial overlap between a claim to set aside a Deed of Company Arrangement and a claim in debt
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Culleton v Balwyn Nominees Pty Ltd [2018] FCA 313
BANKRUPTCY AND INSOLVENCY - whether a sequestration order should not have been made against the applicant's estate - whether an order ought to be made setting aside or annulling a sequestration order against the applicant's estate
CONSTITUTIONAL LAW - whether the applicant's place as a Senator for the State of Western Australia should not have been declared vacant - where the Court does not have jurisdiction to make findings or orders in relation to proceedings in the Senate
PRIVILEGE - whether matters are justiciable having regard to s 16 of the Parliamentary Privileges Act 1987 (Cth)
PRACTICE AND PROCEDURE - whether the applicant's application ought to be dismissed pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) and s 31A of the Federal Court of Australia Act 1976 (Cth) - whether the applicant's application ought to be permanently stayed - where there are no reasonable prospects of success
PRACTICE AND PROCEDURE - where no power to order that an appeal be heard by the Supreme Court of Western Australia - where no power to refer any matter to the Senate or to order that a Senator stand aside - where no power to make orders either as to subpoenas or costs in the reference proceeding - where no basis for orders sought
COSTS -the first respondent's costs of the application dated 1 November 2017, including the costs of the interlocutory application dated 27 November 2017 to be paid in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth)
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AQQ15 v Minister for Immigration and Border Protection [2018] FCA 345
MIGRATION - Application for extension of time for leave to appeal from a decision of the Federal Circuit Court of Australia; medical certificate provided; adequacy of medical evidence; applicant claimed to be seeking legal assistance; whether utility to granting leave
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SZVYL v Minister for Immigration and Border Protection [2018] FCA 351
MIGRATION Application for extension of time to appeal from decision of the Federal Circuit Court dismissing applicants application for review of a decision of the Refugee Review Tribunal affirming a decision of the Minsters delegate not to grant a protection visa; application 2 days out of time; applicant claimed to fear harm for the purpose of s 91R(1)(b) and s 91R(2), or s 36(2A) of the Migration Act 1958 (Cth) but Tribunal not satisfied of these claims; adverse credit findings; whether jurisdictional error in decision of the Tribunal; whether substance to proposed grounds of appeal and utility to granting application
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Larsen v Deputy Commissioner of Taxation [2018] FCA 332
CORPORATIONS - company in liquidation - director purporting to cause company to commence a proceeding without first obtaining consent of liquidator or approval of the Court - whether approval to act as officer of company and commence proceeding in company's name should be granted retrospectively - whether company should be granted leave to be represented other than by a lawyer -- director unable to articulate arguable case on behalf of company - company to be disjoined as a party
PRACTICE AND PROCEDURE - originating application filed by self-represented litigant - application largely incomprehensible -- no arguable cause of action disclosed -- dismissal of proceeding without opportunity to file an amended process
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Blow Bar Co Pty Limited v McGann [2018] FCA 293
PRACTICE AND PROCEDURE - application to strike out paragraphs of a statement of claim on the basis that those paragraphs failed to state the material facts on which the applicants relied
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DYU16 v Minister for Immigration and Border Protection [2018] FCA 301
MIGRATION - application for extension of time to seek leave to appeal - where the Federal Circuit Court summarily dismissed application for judicial review - application dismissed with costs
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SZUHJ v Minister for Immigration and Border Protection [2018] FCA 331
ADMINISTRATIVE LAW jurisdictional error whether Tribunal erred in the manner in which it made adverse findings as to credit whether there was no evidence for a finding made by the Tribunal whether inconsistencies in the Applicants account sufficient to make an adverse credibility finding whether inconsistencies in the Applicants account sufficient to make a finding that an event did not occur whether decision unreasonable whether Tribunal impermissibly imposed a burden of proof on the Applicant
MIGRATION protection visa where Tribunal made adverse findings as to credit whether adverse findings a to credit unreasonable whether need for rebutting evidence before rejecting a factual assertion consideration of weight to be given to evidence
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Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited [2018] FCA 360
CONSUMER LAW - H.J. Heinz Company Australia Ltd (Heinz) manufactures and supplies food products - Heinz supplied three "Shredz" products as appropriate for 1-3 year old children - whether the packaging of the products conveyed representations that they were of an equivalent nutritional value to the natural fruit and vegetables depicted on their packaging (the Nutritional Value Representations) - whether the packaging of the products conveyed representations that they were a nutritious food and beneficial to the health of children aged 1-3 years (the Healthy Food Representation) and, if so, whether the representations were misleading or deceptive, or likely to mislead or deceive - whether the packaging conveyed representations that the products would encourage the development of healthy eating habits for children aged 1-3 years (the Healthy Habits Representation) - whether Heinz knew or ought to have known that the representations were made and that they were misleading or deceptive.
Held: Neither the Nutritional Value Representations nor the Healthy Habits Representations were conveyed by the packaging. The Healthy Food Representations were conveyed and were misleading or deceptive insofar as they represented that the products are beneficial to the health of children aged 1-3 years; Heinz ought to have been aware that the Healthy Food Representations had been conveyed and that they were misleading or deceptive; and Contraventions of s 18(1) and s 29(1)(g) of the Australian Consumer Law are established.
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EAU16 v Minister for Immigration and Border Protection [2018] FCA 318
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where Immigration Assessment Authority affirmed decision to refuse to grant a Safe Haven Enterprise (subclass 790) visa - whether Tribunal misconstrued ss 5J and 36(2A) of the Migration Act 1958 (Cth) - application of SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 91 ALJR 936 - appeal dismissed
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Guo v Minister for Immigration and Border Protection [2018] FCAFC 34
MIGRATION - Application for an extension of time within which to seek leave to appeal - where visa not granted on character grounds under s 501, Migration Act 1958 (Cth) - where delegate's decision given 20 years before Tribunal's review - where alleged failure to take into account history of bridging visas in exercise of discretion to grant visa - where test for determining good character as it applied in 1996 allegedly misconstrued - whether appeal would have any reasonable prospects of success - application dismissed
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Attorney-General v Helicopter-Tjungarrayi (Ngurra Kayanta & Ngurra Kayanta #2) [2018] FCAFC 35
NATIVE TITLE s 47B of the Native Title Act 1993 (Cth) (the NTA) whether petroleum exploration permits granted under State legislation are mining leases permits held to be mining leases for the purposes of s 47B(1)(b)(i) of the NTA s 47B excluded from operation States appeal allowed
NATIVE TITLE s 47B(1)(b)(ii) of the NTA whether exploration permits mean part of claim area is covered by a permission or authority under which land is to be used for a particular purpose consideration of nature and purpose of use and the extent of the land to be used under exploration permits exploration permits do not satisfy s 47B(1)(b)(ii) Commonwealths appeal dismissed
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AMD16 v Minister for Immigration and Border Protection [2018] FCA 302
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Steve v Minister for Immigration and Border Protection [2018] FCA 311
MIGRATION - where applicant's visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) - where delegate of the Minister refused to revoke the cancellation decision under s 501CA(4) - whether Tribunal erred in upholding the delegate's decision - whether Tribunal failed in its review to consider key parts of the applicant's evidence - human rights - right to enter one's own country without arbitrary interference - art 12(4) of the International Covenant on Civil and Political Rights - whether Australia is the applicant's "own country" notwithstanding that he is a citizen of New Zealand - whether art 12(4) is a mandatory relevant consideration by reason of Direction 65 - whether the common law right of a citizen to enter Australia should be extended to include a person falling within the terms of art 12(4) - whether the right enshrined in art 12(4) is a fundamental right, freedom or immunity for the purposes of the principle of legality - interpretation of s 501CA(4) of the Migration Act - whether Parliament has clearly intended that s 501CA(4) is to apply to the applicant
PRACTICE AND PROCEDURE - application for leave to file a further amended application for review
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Choi v Minister for Immigration and Border Protection [2018] FCA 291
MIGRATION - application for extension of time - compelling reasons - Schedule 3 criteria - hardship
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SZWMO v Minister for Immigration and Border Protection [2018] FCA 319
MIGRATION - application for an extension of time to appeal a decision of the Federal Circuit Court of Australia - where the Refugee Review Tribunal affirmed decision to refuse to grant a Protection (Class XA) visa - whether there is sufficient merit to grant extension of time - whether the Tribunal considered irrelevant considerations - whether the Tribunal failed to consider a relevant consideration - whether the Tribunal misapplied the Migration Act - application dismissed
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CHE16 v Minister for Immigration and Border Protection [2018] FCA 262
MIGRATION - appeal from Federal Circuit Court - issues not raised in first instance - solicitation to merits review - appeal grounds at level of generality to be devoid of meaning - appeal dismissed
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ACB17 v Minister for Immigration and Border Protection [2018] FCA 237
MIGRATION application for extension of time failure to appear application for dismissal for want of prosecution - no prospect of success dismissed.
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