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Lastest Judgments from the Federal Court

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    INDUSTRIAL LAW - industrial action - contraventions of s 50 of the Fair Work Act 2009 (Cth) - assessment of penalties - form of declaratory order

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    MIGRATION - whether Federal Circuit Court of Australia ("FCCA") judge erred in finding that a particular social group claim was not raised before the Immigration Assessment Authority - whether FCCA judge misinterpreted s 47 of the Migration Act 1958 (Cth) - appeal dismissed

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    MIGRATION - whether to grant leave to amend notice of appeal - whether proposed amended ground of appeal meritless such that amendment futile - consideration of proper approach to corroborative evidence where provenance not established - appeal dismissed

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    COSTS - application for costs of interlocutory application - whether costs should be awarded as a lump sum - whether costs should be made payable forthwith

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant protection visa - appeal dismissed

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    MIGRATION - appeal from the Federal Circuit Court - refusal to grant protection visa - whether Tribunal failed to consider claims - appeal dismissed

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    CONSUMER LAW -misleading or deceptive conduct - false or misleading representation of sponsorship, approval or affiliation - respondent refusing to remove material from website unless applicant purchases further services from it - unconscionable conduct - contraventions established - declaratory relief granted - injunctive relief granted - insufficient evidence of damage, applicant to be provide further opportunity to establish entitlement to monetary relief - Australian Consumer Law ss 18, 20, 21, 22, 29, 232, 236

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    MIGRATION - application for extension of time within which to file notice of appeal - Tribunal complied with statutory obligations where applicant failed to appear at hearing - application dismissed

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    MIGRATION – review of the decision of the Assistant Minister for Immigration and Border Protection – visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) on grounds of substantial criminal record – decision not to revoke visa cancellation – whether the applicant was denied procedural fairness – whether the applicant was given the opportunity to respond to adverse material which informed the decision – application dismissed

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    COSTS - where applicant not successful on interlocutory application against respondents - whether applicant should be required to pay respondents' costs of the interlocutory application

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    MIGRATION – application pursuant to r 35.33(2)(a) of the Federal Court Rules 2011 (Cth) to set aside a previous order dismissing the proceeding – where there was no satisfactory explanation for the applicant’s previous non attendance – where there is no merit in any of the proposed grounds of appeal – application dismissed

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    CONTEMPT OF COURT - order to Minister for Immigration and Border Protection to produce party in immigration detention for court appearance - non-compliance with order - failure causal, accidental or incidental - direction that no further proceedings be taken in respect of failure.

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    ADMINISTRATIVE LAW - application for mandamus - decision made - proceedings loss of utility - costs to be awarded to self-represented litigant - discretion of the Court - no costs awarded - application dismissed.

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    TRUSTS AND TRUSTEES - application by Receivers and Managers of trust property for orders that thy have all the powers provided by s 420 of the Corporations Act 2001 (Cth) - orders made. TRUSTS AND TRUSTEES - application by a former director of the company for a declaration and an order requiring the Receivers and Managers to deliver trust property to him - application refused.

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    MIGRATION - application for extension of time to file a notice of appeal - whether proposed appeal has prospects of success - application dismissed.

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    CORPORATIONS - scheme of arrangement - second court hearing - application for approval - approval of alteration to scheme agreed to by members

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant protection visa - appeal dismissed

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    CORPORATIONS - scheme of arrangement - application for orders to convene meeting of members

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    MIGRATION - application for Constitutional writ relief under Judiciary Act 1903 (Cth) s 39B - whether Federal Circuit Court committed jurisdictional error in refusing extension of time applications under Migration Act 1958 (Cth) s 477 by misapplying test of whether extension "necessary in the interests of the administration of justice" - where trial judge found applicants' cases not sufficiently arguable - where Tribunal referred applicants' cases to Minister for consideration under s 417 and trial judge erroneously found that applicants had made referral

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    MIGRATION – application for an extension of time and leave to appeal from a decision of the Federal Circuit Court – where the application for a visa was made out of time – where it would be futile to grant the relief sought – application dismissed

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