MIGRATION - application for extension of time - protection visa application - prior application made and rejected - argued form used for prior application invalid - prior application not invalid - application dismissed
AUM17 v Minister for Immigration and Border Protection [2018] FCA 306
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Voxson Pty Ltd v Telstra Corporation Limited (No 10) [2018] FCA 376
EVIDENCE Federal Court Rules 2011 (Cth) r 34.50 experimental evidence whether leave to admit experimental evidence should be granted whether Respondents are prejudiced where Applicant did not comply with rule
EVIDENCE Intellectual Property Practice Note (IP-1) process statement whether Respondents should be ordered to tender process description where Applicant sought cross-examination of person who verified process description
EVIDENCE hearsay evidence whether hearsay evidence is admissible whether historical image of webpage is hearsay evidence where historical image was obtained using Wayback Machine
COMMUNICATIONS LAW Telecommunications (Interception and Access) Act 1979 (Cth) whether evidence is interception of communication passing over a telecommunication system whether evidence is inadmissible as being unlawful where data was obtained using proxy servers to communicate with person sending the communication
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Seaman v Silvia (No 2) [2018] FCA 363
PRACTICE AND PROCEDURE - Summary judgment application - Where multiple iterations of the statement of claim had been proffered, but none allowed to stand - Where no claims viable such that there were no prospects of success
COSTS - Application for costs on an indemnity basis pursuant to r 25.14 of the rules - Where an offer of compromise was made - Where refusal to accept was unreasonable - Where general discretion to make such an order also available
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McDougall v Workcover Corporation of South Australia [2018] FCA 353
BANKRUPTCY - application for extension of time in which to appeal - primary judge refusing to grant an extension of time to commence a review of the exercise of power of Registrar to make a sequestration order - lengthy delay in seeking review -- claimed discrepancy between amount specified in bankruptcy notice and actual amount owing - no merit in proposed grounds of appeal
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Frigger v Banning (No 5) [2018] FCA 361
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SZWDE v Minister for Immigration and Border Protection [2018] FCA 368
MIGRATION - application for extension of time to appeal - where alleged that the Refugee Review Tribunal failed to consider the applicant's claims and wrongly characterised the social group to which he claimed to belong - whether discretion to extend time should be exercised
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APV16 v Minister for Immigration and Border Protection [2018] FCA 354
MIGRATION - whether valid application for review made to administrative Tribunal - time of receipt of notification of original decision - evidence before Tribunal and primary judge insufficient to show original decision dispatched to correct address - evidence adduced on appeal - evidence showing Tribunal lacked jurisdiction - appealable error - futile to remit to Tribunal - appeal dismissed
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Salter v Commonwealth of Australia [2018] FCA 377
MIGRATION - application for interim injunction requiring release of applicant from detention - whether applicant has a visa that is in force - application dismissed - recommendation for expedited hearing
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BVM16 v Minister for Immigration and Border Protection [2018] FCA 381
MIGRATION - appeal against Federal Circuit Court - failure to use letters relating to matters found true by the IAA - delay awaiting decision in SZTAL v Minister for Immigration and Border Protection - brief detention on return insufficient to enact complimentary protection - dismissed.
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BZO17 v Minister for Immigration and Border Protection [2018] FCA 384
MIGRATION - application for extension of time - application for adjournment due to illness - appearance and ability to communicate - no prospects of success - dismissed.
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BRW15 v Minister for Immigration and Border Protection [2018] FCA 321
MIGRATION - whether Federal Circuit Court of Australia ("FCCA") judge erred in misinterpreting s 5(1) of the Migration Act 1958 (Cth) - whether FCCA judge erred in failing to find that the Administrative Appeals Tribunal erred on consideration grounds - appeal dismissed
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Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40
TRUSTS AND TRUSTEES - trustee's right of indemnity - nature of the right of exoneration - application of right of exoneration against trust assets in circumstances where corporate trustee is insolvent
CORPORATE INSOLVENCY - company that carried on business as trustee of trading trust - trustee company now in liquidation - application of trustee's right of exoneration against trust assets in circumstances where corporate trustee is insolvent - whether right of exoneration is property of the trustee company - whether proceeds of right of exoneration available only to pay trust creditors on insolvency
CORPORATE INSOLVENCY - priorities regime to be applied to proceeds of realisation of trust assets through the right of exoneration and to proceeds of unfair preference claim - whether priorities regime established by ss 555, 556, 560 and 561 of the Corporations Act 2001 (Cth) to be applied
CORPORATE INSOLVENCY - trustee company disqualified from acting as trustee upon entering into liquidation - sale of trust assets by liquidator - whether proprietary character of the trustee's right of exoneration meant the liquidator had power under s 447(2)(c) read with s 447(2)(m) of the Corporations Act 2001 (Cth) to sell the trust assets
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SMD Drainage Pty Ltd v Berkley Insurance Company [2018] FCA 380
INSURANCE - joinder of additional applicant and respondent - referee for quantum issues
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University of Sydney v ObjectiVision Pty Limited [2018] FCA 393
PRIVILEGE - Legal professional privilege - Waiver of privilege - whether sending letter of advice to third parties constitutes waiver of privilege under common law
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AJQ16 v Minister for Immigration and Border Protection (No 2) [2018] FCA 389
COSTS - appeal from a decision of the Federal Circuit Court - appellant sought leave to advance ground not pursued at first instance - leave granted - appeal successful on ground not advanced at first instance - whether first instance costs order in favour of respondent should be disturbed - first instance costs order set aside
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Te Paa v Minister for Immigration and Border Protection [2018] FCA 383
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Australian Securities and Investments Commission v Cassimatis (No 9) [2018] FCA 385
CORPORATIONS where the respondent directors contravened s 180(1) of the Corporations Act 2001 (Cth) (the Act) by causing or permitting inappropriate financial advice to be given to persons with certain characteristics where the applicant seeks declarations and orders as to penalties and other relief consideration of declarations pursuant to s 1317E, pecuniary penalties pursuant to s 1317G, disqualification orders pursuant to ss 206C and 206E, and injunctions pursuant to s 1324 of the Act
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AOX17 v Minister for Immigration and Border Protection [2018] FCA 397
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Miringaorangi v Commonwealth of Australia [2018] FCA 392
MIGRATION - application under s 476 of the Migration Act 1958 (Cth) for relief in respect of an alleged unlawful detention of the applicant by the respondents
PRACTICE AND PROCEDURE - whether the issue of liability should be heard separately from the issue of relief - where the determination of liability involves a Constitutional question as to whether the applicant's detention by the respondents exceeded the limitations imposed by Chapter III of the Constitution - whether the matter should proceed by way of pleadings - whether the matter should be heard by a Full Court or by a single Judge
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Agius v State of South Australia (No 6) [2018] FCA 358
NATIVE TITLE - consent determination - whether requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - requirements for negative determination - appropriate to make orders
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