CORPORATIONS - application for approval of receivers' remuneration under Corporations Act 2001 (Cth) s 425 - whether charges claimed reasonable and proportionate to quality and complexity of work, time spent, and value and nature of property - where receivers retained consultant for several years and on-charged services to company at rate significantly higher than retainer - whether receivers acted reasonably in failing to consider using powers under s 420(2)(o) to cause company to retain consultant directly at much lower cost to estate - whether quantum of approved remuneration should be discounted - whether allowance should be given to receivers for providing some services to consultant
Australian Executor Trustee Ltd v Provident Capital Ltd [2018] FCA 439
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Kraneworx Vertical Management Australia Pty Ltd v DSS Advisory Pty Ltd [2018] FCA 424
COSTS - application for indemnity costs arising from an application to set aside a statutory demand - where statutory demand based on assignment of debt - statutory demand set aside by consent on day before hearing - application granted
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Official Assignee in Bankruptcy of the Property of McCormick v McCormick [2018] FCA 410
BANKRUPTCY AND INSOLVENCY - cross-border insolvency - New Zealand bankruptcy proceeding - application for recognition of a foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law - relief granted pursuant to Art 21 of the Model Law
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Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2018] FCA 446
PRACTICE AND PROCEDURE application for discovery whether discovery should be granted over documents already discovered in related foreign proceedings
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Career Step, LLC v TalentMed Pty Ltd (No 3) [2018] FCA 411
COSTS - determination of separate question - applicant's mixed success - whether costs should be reserved - whether apportionment appropriate - whether applicant's costs should be taxed and paid immediately - whether the amount paid by the applicant as security for costs should be returned to the applicant
PRACTICE AND PROCEDURE - whether an order for costs on the determination of separate questions is within r 40.13 of the Federal Court Rules 2011 (Cth) as an order for costs made on an interlocutory application, such that the party in whose favour the costs order is made must not tax those costs until the proceeding in which the order is made is finished, without an order of the Court
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Comcare v Wuth [2018] FCAFC 13
WORKERS' COMPENSATION - calculation of normal weekly earnings under s 8(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the Act) - consideration of "average number of hours worked" in s 8(1) of the Act - where Administrative Appeals Tribunal used the agreed hours of work rather than actual hours worked to calculate average number of hours worked - whether the primary Judge erred in concluding that average number of hours worked required a consideration of the actual hours worked
ADMINISTRATIVE LAW - procedural fairness - where Tribunal relied on certain Tables within the American Medical Association's Guides to the Evaluation of Permanent Impairment which had not been referred to in evidence or submissions - whether Tribunal erred in basing decision on a basis not contemplated by the parties - whether Tribunal required to give notice of intention to decide case on a basis not contemplated by the parties - whether adequate notice given
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Flight Centre Limited v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53
COMPETITION - contraventions of s 45(2)(a)(ii) of the Trade Practices Act 1974 (Cth) - appeal and cross-appeal as to penalty - competition in a market for the sale of international airline tickets - conduct of contravenor deliberate but asserted as being done with belief that conduct was lawful - involvement of senior management and chief executive officer in contraventions - resentencing - appropriate pecuniary penalty
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Freeman v Military Rehabilitation and Compensation Commission [2018] FCA 394
WORKERS' COMPENSATION - appeal under s 44 Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) of decision of the Administrative Appeals Tribunal (Tribunal) which affirmed a decision of the Military Rehabilitation and Compensation Commission to refuse the applicant's claim for compensation for malignant melanoma under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) - whether denial of procedural fairness or breach of s 39(1) AAT Act - whether misconstruction of "disease" and "injury" in s 4(1) of the SRC Act- whether no evidence to support finding of fact - whether Tribunal's conclusion legally unreasonable - whether Tribunal's reasons were inadequate - applicant's grounds not made out - appeal dismissed.
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BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the delegate's decision not to grant a protection visa - whether denial of procedural fairness transpired in the delegate's decision-making process which could not be remedied by the Authority - whether it was legally unreasonable for the Authority to fail to remit the matter to the Minister - where there was a failure by the appellant to adduce evidence to demonstrate an inability to meaningfully participate - whether the Authority has the jurisdiction to assess the authenticity of documents - whether the Authority can reach a different finding on authenticity than that of the delegate
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Bishnoi v Minister for Immigration and Border Protection [2018] FCA 445
MIGRATION - leave to appeal sought - Student (Temporary) (Class TU) visas - no jurisdictional error found - application dismissed
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CED15 v Minister for Immigration and Border Protection [2018] FCA 451
MIGRATION - whether the primary judge erred in failing to find jurisdictional error on the part of the Tribunal -whether Tribunal erred in failing to consider relevant material or a relevant consideration or an integer of a claim - whether Tribunal erred in assessing the appellant's future risk of harm - whether illogicality or irrationality in reasoning of Tribunal - whether alleged errors by Tribunal constituted jurisdictional error
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ANL16 v Minister for Immigration and Border Protection [2018] FCA 438
MIGRATION - refusal of a protection visa application - whether the primary judge erred in finding that the Tribunal did assess the appellant's claim - whether finding was illogical and irrational - appeal dismissed
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MZARX v Minister for Immigration and Border Protection [2018] FCA 437
MIGRATION refusal of a protection visa application whether Tribunal failed to assess whether the fact that the appellant would be detained for a brief period would result in persecution whether the appellants claim was cumulatively assessed whether Tribunal failed to give particulars pursuant to s 424A(1) of Migration Act 1958 (Cth) whether the grounds of review pursued before the FCCA are different to those raised in the present appeal, thereby requiring leave to rely upon proposed grounds leave not granted application dismissed
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BDQ15 v Minister for Immigration and Border Protection [2018] FCA 436
MIGRATION - refusal of a protection visa application -- whether the primary judge erred in misconstruing the appellant's submissions in relation to the appellant's bail and his bail conditions -- whether there was jurisdictional error on the part of the Tribunal -- appeal dismissed
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Investa Properties Pty Ltd v Nankervis (No 8) [2018] FCA 443
PRACTICE AND PROCEDURE - application for adjournment of cross-claims by respondent pending determination of related matters in another court - offer by party seeking adjournment to pay costs thrown away - adjournment opposed - relevant considerations for granting adjournments - where risk of outcome of cross-claims may prejudice remedies available in related matters - where delay caused by adjournment may prejudice a party - where prejudice of delay not unfair or irreparable - whether adjournment in the overall interests of justice - application for adjournment allowed
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Patel v Minister for Immigration and Border Protection [2018] FCA 458
PRACTICE AND PROCEDURE application to set aside earlier order pursuant to s 25(2B)(bc) of the Federal Court of Australia Act 1976 (Cth) application dismissed
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Dillon v RBS Group (Australia) Pty Limited (No 2) [2018] FCA 395
PRACTICE AND PROCEDURE - s 33V application - proper role of applicants to deal only with the claims the subject of the class action and not with other 'claims' - issue of whether orders made pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) are sufficient to quell the entire controversy between the applicants, group members and the respondents - where respondents submitted that there was 'uncertainty' regarding the binding of participating group members to a settlement as approved by order of the Court - where settlement agreement included provision for the execution of a deed poll by participating group members as a condition of participating in the settlement distribution scheme - observations as to why there is no reasonable basis for uncertainty upon a proper construction of Part IVA - discussion as to why obtaining deed poll releases from group members is superfluous
PRACTICE AND PROCEDURE - settlement distribution schemes - solicitors ought not assume that they will be appointed administrators of settlement distribution schemes approved by the Court
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Singh v Minister for Immigration and Border Protection [2018] FCAFC 52
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where a fraudulent IELTS test report was provided to the Department - where the appellant claimed that his brother-in-law had altered the appellant's original IELTS test report without the appellant's authority, knowledge or complicity, and gave the altered IELTS test report to a migration agent who then provided it to the Department - whether the altered IELTS test report was a "bogus document" or "information that is false or misleading in a material particular" for the purposes of Public Interest Criterion 4020 (PIC 4020) - whether in these circumstances the appellant had "given, or caused to be given" to the Department a bogus document, or information that is false or misleading in a material particular, such that PIC 4020 was not satisfied - whether the primary judge erred in finding that the AAT did not commit jurisdictional error by misconstruing or misapplying PIC 4020 - whether the primary judge erred in finding that the AAT did not commit jurisdictional error by concluding that PIC 4020 was not satisfied in these circumstances - appeal dismissed, with costs
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Deputy Commissioner of Taxation, in the matter of Tank Sales Sydney Pty Ltd v Tank Sales Sydney Pty Ltd [2018] FCA 449
CORPORATIONS Application to wind up a company in insolvency Sections 459A and 459P of the Corporations Act 2001 (Cth) failure to comply with statutory demand presumption of insolvency not rebutted application granted
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CPJ16 v Minister for Immigration and Border Protection [2018] FCA 450
MIGRATION - application for judicial review of decision of Tribunal affirming refusal of bridging visa - whether Tribunal failed to consider all mandatory relevant considerations or constructively failed to consider best interests of child, including by allegedly failing to consider particular evidence of applicant - whether Tribunal denied applicant procedural fairness - whether Tribunal acted irrationally, illogically or took into account an irrelevant consideration in making finding of general and criminal conduct in relation to outstanding charges - whether Tribunal acted irrationally, illogically or took into account an irrelevant consideration in finding that Children's Court orders reflected adversely on applicant's character - whether Tribunal took into account an irrelevant consideration or failed to properly assess merits of applicant's fear of harm claim - held: no failure by Tribunal to consider all mandatory relevant considerations or best interests of child as asserted - held: no error in Tribunal not taking into account particular evidence - held: no finding made by Tribunal of general and criminal conduct in relation to outstanding charges and therefore no error to be found - held: Tribunal fell into jurisdictional error by finding that Children's Court orders reflected adversely on applicant's character - held: Tribunal did not assess merits of applicant's fear of harm claim and therefore no error to be found - held: appeal allowed as to ground for which jurisdictional error is found
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