INDUSTRIAL LAW costs order for the payment of costs whether costs incurred by reason of the unreasonable act or omission of the Applicant in accordance with s 570(2)(b) of the Fair Work Act 2009 (Cth) where First Respondent gave notice of offer to compromise where Applicant failed to identify errors relied on
Cook v Australian Postal Corporation (No 2) [2018] FCA 390
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Singh v Minister for Immigration and Border Protection [2018] FCA 398
MIGRATION - application for partner visa - appeal from Federal Circuit Court of Australia - where application for review made outside the prescribed timeframe - where the Administrative Appeals Tribunal found it had no jurisdiction - application to re-open case before Federal Circuit Court of Australia - whether mistake of migration agent amounted to fraud - whether the mistake had the effect of infecting the Administrative Appeal Tribunal's decision with jurisdictional error - whether the mistake meant the Administrative Appeals Tribunal's decision involved a constructive failure to exercise jurisdiction - whether mistake does not merit description as a fraud - appeal dismissed
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Cheryala v Minister for Immigration and Border Protection [2018] FCAFC 43
MIGRATION - bridging visas - where Appellant charged with offences under the Crimes Act 1900 (NSW) - where Appellant's bridging visa cancelled under reg 2.43(1)(p)(ii) of the Migration Regulations 1994 (Cth) on the basis of the charges - where all charges later withdrawn - where Appellant made a further application for a bridging visa - where application rejected as invalid in accordance with Item 1305(3)(g) of Sch 1 of the Migration Regulations because the applicant had previously held a visa that was cancelled on a ground specified in reg 2.43(1)(p)
ADMINISTRATIVE LAW - invalidity of regulation - whether regulation disproportionate to statutory power - whether reg 2.43(1)(p)(ii) or Item 1305(3)(g) of Sch 1 of the Migration Regulations invalid - whether reg 2.43(1)(p)(ii) or Item 1305(3)(g) "disproportionate" to the power conferred by s 504 of the Migration Act 1958 (Cth) - whether reg 2.43(1)(p)(ii) or Item 1305(3)(g) infringe the presumption of innocence or the common law right to liberty of the person
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Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, in the Matter of Gunns Limited (In Liq) (Receivers and Managers Appointed) [2018] FCA 238
BANKRUPTCY AND INSOLVENCY - Test for insolvency; When Plaintiff Group became insolvent; Voidable preference claims under s 588FE of the Corporations Act 2001 (Cth); Application by liquidator for relief under s 588FF of the Corporations Act in relation to a transaction claimed to be voidable by reason of s 588FE; Whether an amendment of pleadings to expand the period for voidable preference claims is statute barred by reason of s 588FF(3).
PRACTICE AND PROCEDURE Trial of separate questions pursuant to r 30 of the Federal Court Rules; Leave sought to amend originating process and statement of claim pursuant to r 8.21 of the Federal Court Rules; conditional leave granted subject to a trial on preliminary questions; Whether amendment of pleadings constituted adding new material facts or was based on the same facts or substantially the same facts as those already pleaded.
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Szuch v Australian Prudential Regulatory Authority [2018] FCA 405
INSURANCE - application to court that applicant is not a disqualified person under s 245B of the Life Insurance Act 1995 - where applicant previously disqualified by Australian Prudential Regulatory Authority - whether disqualification continues to be justified - where Australian Prudential Regulatory Authority does not oppose order - order granted
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Frugtniet v Tax Practitioners Board [2018] FCA 387
ADMINISTRATIVE LAW - Appeal from a decision of the Administrative Appeals Tribunal that affirmed the termination of the applicant's registration as a tax agent and precluded him from applying for registration for a period of 5 years - whether delay lead to a denial of procedural fairness - whether Tribunal erred in taking certain evidence into account - whether Tax Practitioners Board failed to comply with the Tax Agents Services Act 2009 (Cth) - findings open to Tribunal - appeal dismissed
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AUH17 v Minister for Immigration and Border Protection [2018] FCA 388
MIGRATION - appeal from decision of Federal Circuit Court - appellant claiming a fear of harm in Sri Lanka - whether Federal Circuit Court should have identified jurisdictional error in Immigration Assessment Authority's decision - whether Authority failed to consider "new information" - construction of ss 473DC and 473DD of the Migration Act 1958 (Cth) - appeal dismissed
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CJA15 v Minister for Immigration and Border Protection [2018] FCA 170
MIGRATION refugee Sri Lankan national application for extension of time to file notice of appeal from Federal Circuit Court decision protection visa dismissing application for judicial review of Administrative Appeals Tribunal decision affirming a decision not to grant a protection visa consideration of the Court's discretion to grant an extension of time
Held: application dismissed with costs.
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CFN15 v Minister for Immigration and Border Protection [2018] FCA 169
MIGRATION - refugee - Sri Lankan national - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of the Administrative Appeals Tribunal's decision affirming a decision of a delegate of the Minister not to grant the appellant a protection (class XA) visa - no appellable error identified
Held: appeal dismissed with costs.
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Mango Boulevard Pty Ltd v Whitton [2018] FCA 399
PRACTICE AND PROCEDURE - order for costs against applicants - whether respondents should be required to provide affidavits and documents concerning their liability for lawyers' fees - application of indemnity principle - whether presumption that clients are liable for lawyers' fees has been displaced - whether applicants are permitted to use documents obtained in course of arbitration
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CKX16 v Judge of the Federal Circuit Court of Australia [2018] FCA 400
MIGRATION - application for review under s 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused an extension of time application under s 477(2) of the Migration Act 1958 (Cth) - whether Federal Circuit Court failed to consider a ground of review - whether failure to accord procedural fairness
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CVZ16 v Minister for Immigration and Border Protection [2018] FCA 309
MIGRATION - appeal from decision of Federal Circuit Court of Australia - fast track review - where appellant's sister considered a martyr - whether Immigration Assessment Authority properly considered risk profile and extortion - appeal dismissed
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Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Cup of Tea Case) [2018] FCA 402
INDUSTRIAL LAW - allegations of contraventions of s 500 of the Fair Work Act 2009 (Cth) - whether the respondents sought to exercise a right conferred by s 484 were exercising or seeking to exercise rights under Pt 3-4 of the Act - whether the entry on a site for a social purpose falls within s 484 of the Act
INDUSTRIAL LAW - allegation of contraventions of s 348 of the Fair Work Act 2009 (Cth) - whether respondent threatened to take action against a contractor - oral evidence from two witnesses of the same conversation - evidence from both witnesses exactly balanced burden of proof is not discharged
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Pleash (Liquidator) v Tucker [2018] FCA 168
APPEAL AND NEW TRIAL - consideration of an application for security for costs of an application for leave to appeal to be heard together with the appeal
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Tuimaseve v Minister for Immigration and Border Protection [2018] FCA 396
MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where the applicant's visa had been cancelled under s 501(3A) of the Migration Act 1958 (Cth) - where a delegate of the Minister had refused an application to revoke the cancellation - where applicant sought merits review of the latter decision - where, during the course of cross-examination, the Minister sought to rely on a DVD of CCTV footage of an incident involving the applicant - where the Minister had not provided a copy of the DVD to the applicant as required by s 38AA of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Tribunal permitted the Minister to tender the DVD - whether denial of procedural fairness - application allowed
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Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science (No 2) [2018] FCAFC 47
PRACTICE AND PROCEDURE - application for suppression order - whether necessary to prevent prejudice to proper administration of justice - where suppression order sought for non-publication of commercially sensitive information
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ALL16 v Minister for Immigration and Border Protection [2018] FCA 419
MIGRATION - application pursuant to s 39B of the Judiciary Act 1903 (Cth) for review of judgment of Federal Circuit Court of Australia ("FCCA") - whether FCCA judge fell into jurisdictional error in refusing extension of time application pursuant to s 477(2) of the Migration Act 1948 (Cth) - whether FCCA judge denied applicant procedural fairness
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Director of Consumer Affairs Victoria v The Reject Shop Ltd [2018] FCA 211
CONSUMER LAW - product safety standards - children's projectile toys - pecuniary penalty - agreed penalty - whether proposed pecuniary penalty appropriate - relevant considerations for assessment of pecuniary penalty - proposed pecuniary penalty imposed
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CXJ16 v Minister for Immigration and Border Protection [2018] FCA 391
MIGRATION - protection visas - duty to inquire - whether primary Judge, Tribunal or delegate erred in failing to make inquiries - where argument not raised before Federal Circuit Court - whether any obligation to "investigate" claim made by applicant seeking a protection visa - consideration of the limited circumstances in which duty to inquire arises.
MIGRATION - protection visas - whether delegate failed to consider or "examine" facts as to the danger the Appellant faced in his home country - where delegate's decision subject to merits review by Tribunal - where Tribunal made findings as to the danger faced by the Appellant.
HIGH COURT AND FEDERAL COURT - duty to provide reasons - consideration of duty to provide adequate reasons - where no challenge made to the adequacy of the reasons of the primary Judge.
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Deputy Commissioner of Taxation v Citi Pty Ltd [2018] FCA 352
PRACTICE AND PROCEDURE - Summary judgment sought in respect of unpaid tax liabilities pursuant to s 35A of the Federal Court Act and r 26.01 of the Federal Court Rules; dispensation with the time requirement under rule 26.01(3)
TAXATION - Debts comprising tax related liabilities due and payable to the Commonwealth by ss 255-1 and s 250-10 of Sch 1 to the Taxation Administration Act (TAA); effect of production of notices of assessment pursuant to s 350-10 of Sch 1 to the TAA, and of evidentiary certificates pursuant to s 255-45 of Sch 1 to the TAA
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