Judgments RSS

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

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

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

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

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

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

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

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

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

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

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 applicants previous non attendance where there is no merit in any of the proposed grounds of appeal application dismissed

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.

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.

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.

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

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

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

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

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

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

Latest Images