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Jamal v Secretary, Department of Social Services [2018] FCA 513


Nyoni v Pharmacy Board of Australia (No 6) [2018] FCA 526

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CONSUMER LAW - misleading or deceptive conduct - whether representations made "in trade or commerce". DEFAMATION - registered pharmacist - whether condition imposed on the applicant's registration as a pharmacist by the Pharmacy Board of Australia (Board) and published by the Board and the Australian Health Practitioner Regulation Agency (AHPRA) defamatory. DEFAMATION - defences - whether the Board proceedings under s 178 of the Health Practitioner Regulation National Law subject to absolute privilege - whether public document defence under s 28 of the Defamation Act 2005 (WA) available. TORTS - injurious falsehood - whether the Board or AHPRA motivated by malice - whether the applicant suffered actual loss.

Griffiths v Australian Postal Corporation [2018] FCA 520

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WORKERS' COMPENSATION - appeal from decision of the Administrative Appeals Tribunal - whether the Tribunal failed to set out findings on material questions of fact or failed to refer to the evidence or other material on which those findings were based - whether the Tribunal identified the "disease" which attracted the entitlement to compensation and "that disease" in respect to which the representation was made - whether the tribunal identified that basis upon which it concluded that the representation was "wilful and false"

Sarina v Fairfax Media Publications Pty Ltd [2018] FCA 521

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PRACTICE AND PROCEDURE - defamation - application for summary judgment - where earlier proceedings in the District Court of New South Wales settled by way of deed of release - consideration of general principles as to construction of deeds of release - whether the deed of release operates as a release from liability - whether the terms of the deed of release extend to the publications complained of in the present proceeding

CWO16 v Minister for Immigration and Border Protection [2018] FCA 522

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MIGRATION - temporary protection visas - where application for temporary protection visa refused by delegate - where decision to refuse visa affirmed by the Immigration Assessment Authority - where application for review by the Federal Circuit Court dismissed - whether primary Judge failed to consider grounds of review - whether the Authority failed to put the Appellant on notice that a particular piece of evidence would not be given any weight - whether the Authority erred in giving consideration to claims not made by the Appellant

Caason Investments Pty Limited v Cao (No 2) [2018] FCA 527

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REPRESENTATIVE PROCEEDING - application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable as between the class members to be bound to the settlement - relevance of a low level of objections to settlement approval - reasonableness of a common fund condition precedent- whether the proposed settlement distribution scheme is reasonable - whether legal costs charged by legal representatives are reasonable - whether the proposed settlement administration costs are reasonable - the use of independent costs experts - the use of court-appointed referees to decide the reasonableness of legal costs - whether a common fund order is appropriate and if so at what funding rate - whether the applicants' reimbursement claims are reasonable - the existence of side agreements between the litigation funder and the applicants which were not disclosed to class members - jurisdiction to hear disputes between lead applicants and funder arising from the funding agreement and side agreements - whether a defence of equitable set off should be allowed - settlement approval granted

DRP17 v Minister for Immigration and Border Protection [2018] FCA 523

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MIGRATION - application for judicial review of decision of Assistant Minister for Immigration and Border Protection - whether Assistant Minister made finding with no evidence - where Assistant Minister found Australia did not owe non-refoulement obligations to Applicant

ICandy Interactive Limited, in the matter of ICandy Interactive Limited [2018] FCA 533

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CORPORATIONS - application for declaratory relief to validate share trades and relieve sellers of shares from civil liability - where contraventions of s 707(3) and s 727 as to disclosure - where company did not issue cleansing notice - where director chose to delay issue of cleansing notice - where delay had result that no longer open to company to issue cleansing notice - where trading in shares prior to issue of cleansing prospectus - meaning of 'acted honestly' in context of s 1322(6)(a) - meaning of person 'concerned in' a contravention in context of s 1322(6)(a)

Easy Stay Mining Accommodation Pty Ltd v Grounded Construction Group Pty Ltd [2018] FCA 519

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CORPORATIONS - Application to set aside statutory demand - whether genuine dispute as to the existence of debt for remuneration for construction work under contract - character of determination by adjudicator under Construction Contracts Act 2004 (WA) - pending application for judicial review - whether 'some other reason' for setting aside the statutory demand

Kimber v The Owners Strata Plan No 48216 [2018] FCA 536

Young v Hughes Trueman Pty Ltd (No 3) [2018] FCA 531

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BANKRUPTCY AND INSOLVENCY - where appellant appealed the whole of the primary judgment - whether primary judge erred in finding the creditor's petition was not maintained for an improper purpose - whether appellant was denied procedural fairness in the primary judge's conduct of the hearing - whether primary judge erred in his consideration and treatment of submissions made about the appellant's applications for special leave to appeal to the High Court of Australia - whether primary judge erred in holding a proposed appeal was not

Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] FCA 530

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CORPORATIONS - where the plaintiffs seek to claw back payments made by the company to the defendant prior to its liquidation - whether the company was insolvent at the time each of the payments were made - whether any payments made to the defendant were unfair preferences within the meaning of s 588FA of the Corporations Act 2001 (Cth) (Act) - whether any payments are an integral part of a continuing business relationship between the company and the defendant pursuant to s 588FA(3) of the Act - whether the defendant has a good faith defence pursuant to s 588FG(2) of the Act - whether a set-off pursuant to s 553C of the Act is available in the event that the defendants are required to pay the unfair preference amount

Stojic v Deputy Commissioner of Taxation [2018] FCA 483

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TAXATION - where the Commissioner of Taxation declined to exercise the discretion under s 255-15(1) of Schedule 1 to the Taxation Administration Act 1953 (Cth) to enter into an arrangement permitting the applicant to pay a tax-related liability by instalments - review under s 5(1) of the Administrative Appeals (Judicial Review) Act 1977 (Cth) - whether the Commissioner's decision was a reconsideration of an earlier decision under s 255-15(1) TAXATION - where the Commissioner previously entered into arrangements under s 255-15(1) with a company under the apparent control of applicant - whether the company's non-compliance with previous arrangements was irrelevant to the Commissioner's consideration of whether to enter into an arrangement with the applicant ADMINISTRATIVE LAW - whether the Commissioner breached the rules of natural justice in declining to enter into an arrangement with the applicant pursuant to s 255-15(1) - whether the Commissioner erred in failing to inform the applicant that he intended to have regard to, or that he had reached an adverse conclusion in relation to, an issue not previously disclosed as material to the Commissioner's decision - whether the decision involved an improper exercise of the power conferred by s 255-15(1) on the basis that the Commissioner took into account an irrelevant consideration - whether the decision involved an improper exercise of the power conferred by s 255-15(1) on the basis that the Commissioner exercised the power in accordance with a policy without regard to the merits of the applicant's case

Kohli v Minister for Immigration and Border Protection [2018] FCA 540

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ADMINISTRATIVE LAW - application for review of decision of the Administrative Appeals Tribunal - consideration of duty of Tribunal to afford procedural fairness - where Respondent Minister supplied Applicant with significant volume of documentation the day before Tribunal hearing - where Tribunal made no enquires as to whether the Applicant had adequate time to consider material - whether the Applicant suffered practical or substantive unfairness ADMINISTRATIVE LAW - consideration of privilege against self-incrimination - where Applicant cross-examined before Administrative Appeals Tribunal on issues that could self-incriminate - where Tribunal gave no advice or caution that the Applicant had a right to refuse to answer question which could be self-incriminating - whether the Tribunal fell into jurisdiction error by failing to advise Applicant of his rights

HM v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2018] FCA 551

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PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement - consideration of relevant requirements - settlement approved

Issa v Dairy Farmers Pty Ltd [2018] FCA 542

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BANKRUPTCY - appeal from sequestration order made under the Bankruptcy Act 1966 (Cth) - where debt claimed by the petitioning creditor based on judgment entered in debtors' default of compliance with terms of settlement - power to go behind the judgment - whether primary judge erred in finding that default clause was not a penalty - whether primary judge erred in finding that the judgment was not entered pursuant to unconscionable conduct - whether the appellants should have leave to adduce fresh evidence not advanced before the primary judge. Held: appeal dismissed

Friends of Leadbeater's Possum Inc v VicForests (No 2) [2018] FCA 532

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ENVIRONMENT LAW -  qualified answer given to separate question concerning statutory interpretation of regulatory scheme established under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and related legislation - submissions made on appropriate relief in light of reasons - relief granted. PRACTICE AND PROCEDURE - reasons given on separate question - subsequent amendment made to statement of claim - whether in the circumstances application should be dismissed or proceed as amended - application to proceed.

Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 3) [2018] FCA 552

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NATIVE TITLE - application to amend a determination of native title - orders made.

Kraft Foods Group Brands LLC v Bega Cheese Limited [2018] FCA 549

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ARBITRATION - International arbitration - application for anti-arbitration injunction restraining the taking of any further steps in an arbitration commenced before the International Centre for Dispute Resolution in New York ARBITRATION - whether substantial overlap of issues between curial proceeding and international arbitration ARBITRATION - whether anti-arbitration injunction necessary to protect the integrity of court's proceedings and processes ARBITRATION - whether co-existence of curial and arbitral proceedings vexatious or oppressive ARBITRATION - proper approach to construction of an arbitration agreement - whether a dispute the subject of a curial proceeding is the subject of an arbitration agreement - meaning of "arises out of or relates to" ARBITRATION - whether waiver or election not to pursue arbitral relief ARBITRATION - whether "complete relief" available when relief sought in international arbitration for violation of ss 32(1) and 43(a) of the Trademark Act of 1946 (US) (the Lanham Act) ARBITRATION - expert opinion evidence - whether Lanham Act claim untenable

Hart v Commissioner of Taxation [2018] FCAFC 61

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INCOME TAX - appeal by taxpayer from objection decision disallowing objections to notice of assessment and notice of amended assessment - where Commissioner determined two amounts should have been included in applicant's taxable income for the 1997 income year - applicant taxpayer was a principal of a law firm and specialised in taxation law - whether first amount should have been included in taxpayer's assessable income per ss 95A(1), 97 and 101 and/or Pt IVA of the Income Tax Assessment Act 1936 (Cth) - whether the second amount should have been included in taxpayer's assessable income per Pt IVA
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