Holland v Minister for Immigration and Border Protection [2018] FCA 554
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Liu v Stephen Grubits & Associates Pty Ltd [2018] FCA 537
PRACTICE AND PROCEDURE - non-appearance by applicant at hearing - order made pursuant to FCR 35.33 dismissing the application
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Khatri and Lane (Trustees) v McDonald, in the matter of Wilkie (Bankrupt) [2018] FCA 543
BANKRUPTCY - undervalued transactions - transfers that are void against bankruptcy trustees - s 120(1) of the Bankruptcy Act 1966 - equitable charge over real property - whether market value given for that charge - s 123 of the Bankruptcy Act 1966 - whether charge void against bankruptcy trustee such that sum received pursuant to charge formed part of the property of the bankrupt - whether bankruptcy trustee should be allowed interest on that sum - s 51A Federal Court of Australia Act 1976 and from when. HELD - equitable charge void as not proved to be a dealing for market value - interest should be allowed on and from date bankruptcy interest trustee made demand for repayment.
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Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) [2018] FCA 553
PRACTICE AND PROCEDURE - urgent interlocutory injunction - alleged contraventions of the Fair Work Act 2009 (Cth) by union and union officials - serious question to be tried - balance of convenience.
INDUSTRIAL LAW - where union officials sought to enter site pursuant to rights under s 81(3) of the Workplace Health and Safety Act 2011 (Qld) - where union officials did not produce federal entry permits - whether Pt 3-4 Div 3 of the Fair Work Act 2009 (Cth) applies to entry under s 81 of the Workplace Health and Safety Act 2011 (Qld) - alleged contraventions of ss 494, 497 and 500 of the Fair Work Act 2009 (Cth)
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Australian Competition and Consumer Commission v Thermomix in Australia Pty Limited [2018] FCA 556
CONSUMER LAW - contraventions of Australian Consumer Law - misleading or deceptive conduct - false or misleading representations - failure to report injuries suffered by consumers in compliance with s 131 - declarations and orders for a pecuniary penalty, adverse publicity, compliance program, costs - appropriateness of agreed orders and declarations
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Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550
PRACTICE AND PROCEDURE - application for leave to further amend defence - whether particulars previously struck out of qualified privilege defence can be reintroduced as particulars relevant to mitigation of damages - whether leave should be refused on the basis of discretionary considerations - where grant of leave would cause further delay in proceedings - whether explanation for delay satisfactory - application dismissed.
PRACTICE AND PROCEDURE application for leave to file cross-claim pursuant to r 15.05 of the Federal Court Rules 2011 (Cth) whether proposed cross-claim has sufficient merit where joinder of party likely to cause further delay in proceedings whether delay likely to cause prejudice whether explanation for delay in bringing cross-claim satisfactory application dismissed
DEFAMATION whether particulars of defence relevant to mitigation of damages on the basis of principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 - whether particulars provide directly relevant background context where particulars establish no more than suspicion, rumour or innuendo whether source liable for damage as joint or concurrent tortfeasor whether publication by source to publisher reasonably capable of conveying defamatory imputations whether silence or failure to object constitutes publication whether source participated in, or was accessory to, publication whether publication reproduced sense and substance of sources statement whether republication the natural and probable result of publication by source
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Preston, in the matter of Sandalwood Properties Ltd [2018] FCA 547
CORPORATIONS - Receivers and Managers - application for directions under s 424 of Corporations Act 2001 (Cth) - dispute as to management of managed investment schemes - whether court should give direction to privately appointed Receivers and Managers regarding exercise of powers and functions - whether directions sought concern commercial advice - whether court should decline to make directions because of claim they would give the imprimatur of the court in the midst of a dispute - whether directions should be given where Intervener claims they would be commercially advantageous to the Receivers and Managers - scope of direction sought -whether directions should be given to ignore notices and resolutions - whether directions should be given as to continuing conduct
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Gram Engineering Pty Ltd v Bluescope Steel Ltd [2018] FCA 539
DAMAGES - assessment of damages - infringement of registered design of fencing panel
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White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63
CORPORATIONS - application for directions by administrators - administrators undertook full stocktake of consignor property held by auction house - whether administrators can impose levy for return of consignor property - whether administrators hold an equitable lien over consignor property to secure the levy no equitable lien in the circumstances
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Re.Group Pty Ltd v Kazal (No 5) [2018] FCA 546
CONTEMPT OF COURT - sentencing - whether civil or criminal contempt - whether contemnor's contempt was contumacious - whether fine or custodial sentence appropriate - whether assessment of fine should account for indemnity costs order - where respondent found guilty of three charges of breaching court order - where charges particularised to specific days
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RHS Limited; in the matter of RHS Limited [2018] FCA 562
CORPORATIONS - schemes of arrangement - application for order that company convene a meeting of members - application for approval of explanatory memorandum to accompany notice of meeting.
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GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541
CORPORATIONS - winding up - creditors' voluntary winding up - application under s 90-15 of Div 90 of Sch 2 to the Corporations Act 2001 (Cth) to appoint special purpose liquidators - appointment of special purpose liquidators sought to investigate and prosecute claims arising from transactions with related companies - application granted.
CORPORATIONS - winding up - creditors' voluntary winding up - application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of funding agreement and costs agreement to be entered into by special purpose liquidators - whether the funding agreement and costs agreement preserve the independence of the special purpose liquidators - application granted
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Caeneus Minerals Ltd, in the matter of Caeneus Minerals Ltd [2018] FCA 560
23 April 2018
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Barkla v Allianz Australia Insurance Limited [2018] FCA 563
PRACTICE AND PROCEDURE - application for leave to appeal against interlocutory orders - decisions by the primary Judge involves matters of practice and procedure - application dismissed.
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Australian Workers Union v Registered Organisations Commissioner [2018] FCA 517
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Clarke v Sandhurst Trustees Limited (No 2) [2018] FCA 511
REPRESENTATIVE PROCEEDINGS - settlement approval pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable in the interests of group members - consideration of relevant factors in relation to reasonableness of settlement - where proposed deductions from the settlement sum, taken individually, are fair and reasonable, but taken collectively cause a lower return to group members - very borderline case
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Lightning on behalf of the Nywaigi People v State of Queensland [2018] FCA 493
NATIVE TITLE - determination of native title by consent - requirements under s 87 of the Native Title Act 1993 (Cth)
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Caratti v Commissioner of Taxation [2018] FCA 555
PRACTICE AND PROCEDURE - late application to amend case - matter fixed for final hearing four months earlier - case management - timetable for filing statement of facts and issues, affidavits and written outlines of submissions - applicants' case was the construction of a Deed of Agreement, Guarantee and Indemnity - whether reasonable explanation for delay in bringing application to amend - whether prejudice to respondent - overarching purpose of the civil practice and procedure provisions - Held: application to amend refused, with costs
EVIDENCE - tender of folder of materials used in cross- examination of respondent's expert witness (MFI 2) - tendered partly to cast doubts on respondent's expert's valuations in the proceedings but to a greater extent as going to the credit of the witness - whether evidence could substantially affect the assessment of the credibility of the witness - whether unfairly prejudicial to the respondent - general discretion to exclude evidence - Held: tender of MFI 2 rejected
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Clancy Exploration Limited, in the matter of Clancy Exploration Limited [2018] FCA 569
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 unable to issue cleansing notice - where cleansing prospectus issued after trading - where no disregard for obligations
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Jikoivavalagi v Minister for Immigration and Border Protection [2018] FCA 559
MIGRATION - where the Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection not to revoke the cancellation of the applicant's visa - where the applicant had a substantial criminal record and had received prior warning that reoffending may result in his visa being cancelled - whether there was "another reason" to revoke the cancellation of the applicant's visa pursuant to s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) - whether the decision by Tribunal was legally unreasonable - whether the Tribunal failed to take into account a relevant consideration or took into account an irrelevant consideration - whether the Tribunal breached Articles 17 and 23 of the International Covenant on Civil and Political Rights - whether the applicant was denied procedural fairness - where the applicant did not particularise the grounds of relief upon which he relied
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