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Lastest Judgments from the Federal Court

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    MIGRATION - appeals from orders made by a judge in connection with detention under the Migration Act 1958 (Cth) - where claim for unlawful detention or false imprisonment - where claim for damages and other compensation in relation to detention MIGRATION - whether the relevant visa was validly cancelled - whether there were jurisdictional errors committed in connection with the decision to cancel the visa - whether there was a failure to comply with s 119(1)(a) of the Migration Act - whether there was a failure to bring an independent mind to bear on the decision to cancel the visa MIGRATION - whether detention under s 189 of the Migration Act was lawful - whether the primary judge erred in holding that there was no reasonable suspicion for the purposes of s 189 of the Migration Act - whether the primary judge erred in concluding that an officer was empowered under s 189 of the Migration Act to detain a person without making an independent inquiry as to the relevant facts and circumstances regarding the holding of a (cancelled) visa - interpretation of ss 189 and 196 of the Migration Act - whether unlawful detention was established DAMAGES - whether damages should be awarded for unlawful detention - whether claim for damages ought to be remitted to the primary judge for assessment on the basis of false imprisonment - whether the amount of damages awarded by the primary judge in relation to unlawful detention was manifestly inadequate PRACTICE AND PROCEDURE - whether primary judge's orders ought to be set aside - whether appeals ought to be dismissed with costs

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    CONSUMER LAW - admitted contraventions of the Australian Consumer Law - misleading or deceptive representations as to flushability and disintegration of sanitary wipes - consideration of principles in relation to fixing an appropriate penalty including the need for general deterrence and ensuring that pecuniary penalties are not too burdensome but still inflict some 'sting' CONSUMER LAW - admitted contraventions of the Australian Consumer Law in respect of different conduct -application of the course of conduct principle

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    TAXATION - where applicant sought judgment against the respondent for income tax liabilities, administrative penalties, shortfall interest charges and general interest charges for income tax years ended 30 June 2006 and 30 June 2007 PRACTICE AND PROCEDURE - where applicant applied for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) (FCRs), or summary judgment under r 26.01 of the FCRs and s 31A of the Federal Court of Australia Act 1976 (Cth) - held: application allowed

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    BANKRUPTCY AND INSOLVENCY - application for stay of sequestration order - where sequestration order takes immediate and automatic effect by force of the Bankruptcy Act 1966 (Cth) upon it being made and cannot be stayed - application for stay of sequestration order dismissed PRACTICE AND PROCEDURE - consideration of stay of proceedings under a sequestration order pending determination of annulment application - where balance of convenience does not favour the granting of a stay - if such a stay had been sought it would be refused

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    PRACTICE AND PROCEDURE - Application for leave to appeal - first instance decision not attended by sufficient doubt to warrant reconsideration - no substantial injustice in refusing leave to appeal - substantive appeal has no prospects of success - application dismissed

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    BANKRUPTCY AND INSOLVENCY - application by the second and third applicants to be appointed receivers and managers of trust property, in circumstances where the trustee was in liquidation - application allowed

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    BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - whether the applicant has a counter-claim , set-off or cross demand pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) - where applicant's alleged off-setting claim arises from respondent's representation in Family Court proceedings - no offsetting claim BANKRUPTCY AND INSOLVENCY - Application to extend time to review Registrar's decision - whether there was a deemed extension pursuant to s 41(7) of the Bankruptcy Act 1966 (Cth) PRACTICE AND PROCEDURE - judgment and orders -judgment containing an account of matters that occurred in Family Court proceedings - whether non-publication order should be made having regard to s 121 of the Family Law Act 1975 (Cth) - non-publication order made

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    CONTEMPT OF COURT - breach of undertaking to the Court not to publish advertisements containing certain phrases - where respondent admitted publication but contended breach was casual, accidental or unintentional - whether the accidental breach occurred as a result of the respondent's lack of diligence - finding of contempt - penalty - applicable principles for determination of penalty - whether indemnity costs order is appropriate

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    CORPORATIONS - scheme of arrangement - application for order pursuant to s 411 of the Corporations Act 2001 (Cth) that company convene meeting of members

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    PRACTICE AND PROCEDURE - application for order for security for costs against natural persons as plaintiffs - where plaintiffs have access to substantial funds in a self-managed superannuation fund said to be in pension phase - long history of related litigation by plaintiffs including unpaid costs orders under challenge in other proceedings - where previous finding of plaintiffs putting assets out of reach of their creditors - where plaintiffs have failed to comply with bankruptcy notice but oppose creditor's petition - whether the court should consider the merits of plaintiffs claim - order for first tranche of security

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    EVIDENCE – Advance ruling under s 192A of the Evidence Act 1995 (Cth) as to the admissibility of admissions – finding that the admissions were obtained by improper conduct – application of s 138 of the Evidence Act 1995 (Cth) – officer of regulator engaging in a fiction of posing as a consumer needing repair to a mobile telephone and making false statements with knowledge that they were likely to cause the person who was being questioned to make an admission – whether evidence obtained improperly should be the subject of discretionary exclusion – evidence not excluded in the exercise of discretion

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    INDUSTRIAL LAW - appeal from decision of the Federal Circuit Court of Australia - whether the primary judge erred in finding that the respondent was entitled to a redundancy payment under the terms of the employment contract - whether the respondent's position was no longer required to be performed and the respondent was entitled to a redundancy payment under the terms of the employment contract - whether the entitlement to a redundancy payment was excluded because the respondent was offered an "alternative position" under the terms of the employment contract - whether in the alternative, if the respondent was not entitled to a redundancy payment under the terms of the employment contract, whether the respondent was entitled to payment in lieu of notice pursuant to s 117 of the Fair Work Act 2009 (Cth) - appeal dismissed

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    BANKRUPTCY AND INSOLVENCY - whether to approve liquidators' entry into litigation funding agreement and solicitors' retainer on behalf of company in liquidation pursuant to s 477(2B) of the Corporations Act 2001 (Cth) PRACTICE AND PROCEDURE - whether to make confidentiality orders pursuant to ss 37AF(1)(b) and 37AG(1)(a) of the Federal Court Act 1976 (Cth)

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    MIGRATION – protection visa – refusal of visa application by delegate of Minister – decision of delegate upheld by Tribunal – dismissal of application for judicial review of Tribunal decision by Federal Circuit Court of Australia – application for extension of time – no jurisdictional error established – application dismissed

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    PRACTICE AND PROCEDURE - General protections claim under Fair Work Act 2009 (Cth) - application for extension of time - whether an extension of time is appropriate - application allowed - whether applicant's solicitor should indemnify client for costs ordered to be paid to the respondents

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    MIGRATION – appeal from the Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for judicial review of a decision of the Refugee Review Tribunal to affirm the decision of the Minister’s delegate to refuse a protection visa – no appellable error in the decision of the primary judge – no jurisdictional error in the decision of the Tribunal Held: appeal dismissed

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    MIGRATION - review of decision not to revoke a decision to cancel a visa - grounds relied upon do not demonstrate jurisdictional error - application dismissed

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    MIGRATION - appeal from a decision of the Federal Circuit Court - where the Refugee Review Tribunal affirmed the decision to refuse a protection visa - protection claims made under s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth) - application of SZTAL v Minister for Immigration and Border Protection (2017) 91 ALJR 936 Held: appeal dismissed

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    ADMIRALTY - joint venture to operate hospitality business aboard vessel - agreement to charter and license vessel PRACTICE AND PROCEDURE - interlocutory application adoption of referee's report

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    MIGRATION - appeal from Federal Circuit Court of Australia - whether error in not finding jurisdictional error on the part of the Administrative Appeals Tribunal - where appellant seeks to raise grounds which were not advanced in the court below - whether new grounds have sufficient merit to permit them to be raised on appeal

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