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Lastest Judgments from the Federal Court

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    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

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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    INSURANCE - joinder of additional applicant and respondent - referee for quantum issues

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    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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    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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    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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    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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    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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