Are you the publisher? Claim or contact us about this channel


Embed this content in your HTML

Search

Report adult content:

click to rate:

Account: (login)

More Channels


Showcase


Channel Catalog


Channel Description:

Lastest Judgments from the Federal Court

older | 1 | .... | 218 | 219 | (Page 220) | 221 | 222 | .... | 304 | newer

    0 0

    MIGRATION - visa cancellation pursuant to s 501(3A) of the Migration Act 1938 (Cth) - decision not to revoke cancellation decision pursuant to s 501CA(4) - where there was no dispute that the applicant failed the character test for the purposes of s 501CA(4)(b)(i) because he had a substantial criminal record - where the Minister was not satisfied there was another reason for revoking the cancellation decision pursuant to s 501CA(4)(b)(ii) - where the Minister found that the applicant posed a risk to the Australian public because there was a likelihood, albeit a low likelihood, that he would re-offend in a "similar fashion" by knowingly taking part in the supply of a large commercial quantity of drugs - where the sole identified factor which led to the Minister's conclusion that there was a positive likelihood of re-offending was the fact that the applicant's (drug) rehabilitation had not been tested for a significant period outside of a custodial environment - where the Minister made express findings which weighed in favour of a conclusion that the risk of the applicant re-offending was low - whether the Minister's conclusion that there was a likelihood of re-offending was reasonably formed MIGRATION - whether the Minister failed to consider, or failed "properly" to consider, the effect of his decision not to revoke the applicant's visa cancellation on the applicant's ability to have further children with his wife - where there was material before the Minister indicating that the applicant had stored his semen to enable him to have children in the future - where the Minister dealt with the issue at a similar level of generality and specificity with which it can be found in the material provided by the applicant

    0 0


    0 0

    MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - where the appellant claimed to fear harm on return to Egypt for reasons of membership of a particular social group, namely women in Egypt - where the appellant provided evidence of three incidents of sexual assault against her and of the prevalence of gender-based violence and sexual harassment against women in Egypt - where the appellant provided evidence of her personal vulnerability - whether primary judge erred in not concluding that the Tribunal failed to perform its statutory function by failing to deal with a claim or its component integers - appeal allowed

    0 0

    MIGRATION - application under r 36.05 of the Federal Court Rules 2011 (Cth) for an extension of time in which to file a notice of appeal from a decision of the Federal Circuit Court - where 125 day delay - where delay was not satisfactorily explained - where the proposed appeal lacks significant merit

    0 0

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

    0 0


    0 0

    STATUTORY INTERPRETATION - separate question regarding the operation of s 68 of the Limitation Act 1969 (NSW) - whether, in the context of a maintained general retaining lien, that section has the effect that certain statute-barred debts were nevertheless payable in the administration of a deceased estate - s 68 has the effect that the debts are not payable

    0 0


    0 0

    CONSUMER LAW - application to restrain the respondent from making false, misleading or deceptive representations about the applicant - where the respondent held a patent over a product which had lapsed - where the respondent sent numerous emails to entities who sold that product - where those emails suggested, among other things, that the respondent still owned the patent in the product and those entities were acting unlawfully in selling the product - whether the representations made in the emails were false, misleading or deceptive under sections 18 and 29 of the Australian Consumer Law - whether the representations were made in trade or commerce - whether the respondent was likely to make similar representations in the future COPYRIGHT - whether the emails sent by the respondent amounted to groundless threats under section 202 of the Copyright Act 1968 (Cth) PRACTICE AND PROCEDURE - whether a permanent injunction should be issued to restrain the respondent from making the representations - the appropriate form of that permanent injunction - whether a declaration should be made in relation to the threats - whether an injunction should be issued to prevent the repetition of the threats - whether a declaration should be made stating that the applicant had established goodwill or reputation in the product

    0 0

    MIGRATION - Global Special Humanitarian visa - where Applicant's visa cancelled by a delegate of the Minister for Immigration and Border Protection - where Assistant Minister decided not to revoke the cancellation - whether Assistant Minister failed to exercise jurisdiction - whether Assistant Minister misunderstood the power being exercised when deciding not to revoke the cancellation decision - whether Assistant Minister failed to consider the submissions made by the Applicant

    0 0


    0 0

    PRACTICE AND PROCEDURE - service out of jurisdiction - application by Commissioner of Taxation in proceeding seeking recovery of tax-related liabilities - whether requirements for service out of the jurisdiction satisfied

    0 0

    PATENTS – patent for pharmaceutical formulation to provide extended pain relief – appeal against finding that patent was not infringed – construction of patent specification – whether claim 1 should be construed to correct a mistake – whether “basket” should be read to mean “cylinder” – where no application to amend claim to correct mistake – cross-appeal against findings that patent not invalid for lack of fair basis or failure to disclose best method – whether claim fairly based on matter described in complete specification – whether complete specification described a single formulation of the claimed invention – whether the complete specification failed to describe the best method of performing the invention known to the patent applicant even though it did not disclose the grade or viscosity of the high viscosity HPMC or granulation end points used by patent applicant to make the commercial embodiment for which the patent applicant obtained marketing approval – appeal and cross-appeal dismissed

    0 0

    ENVIRONMENT LAW - application for interlocutory injunction - whether prima facie case - whether on the balance of convenience injunction should be granted - precautionary principle - injunctive relief granted

    0 0

    MIGRATION - appeal from decision of the Federal Circuit Court to refuse judicial review of decision of Refugee Review Tribunal - where s 424A letter had been provided - where information provided in the course of a different review - whether adequate particulars provided

    0 0

    PRACTICE AND PROCEDURE - application for leave to appeal from orders of the Federal Circuit Court of Australia - whether the primary judgment and a related judgment explaining why the applicant's request for an adjournment was refused were attended by sufficient doubt to warrant leave to appeal - whether substantial injustice would result if leave were refused - Held: application dismissed, with costs

    0 0

    TRADE MARKS – Appeal from a decision of a delegate of the Registrar of Trade Marks rejecting the Appellant’s grounds of opposition to the Respondent’s application for registration of trade marks pursuant to s 56 of the Trade Marks Act 1995 (Cth). TRADE MARKS – Grounds of opposition to registration: s 58 of the Trade Marks Act, trade mark ownership; s 44 of the Trade Marks Act, prior registrations; s 60 Trade Marks Act, trade mark holder’s reputation. TRADE MARKS – Section 58 of the Trade Marks Act: whether the OPTUM word mark and OPTUS word mark substantially identical; whether services provided of the same kind; whether prior use of the OPTUS word mark sufficient to establish common law ownership. TRADE MARKS – Section 44 of the Trade Marks Act: whether the OPTUM word mark and OPTUS word mark substantially identical; whether the OPTUM word mark and OPTUS word mark deceptively similar; whether services provided similar or closely related; whether there are “other circumstances” because of which it would be proper to permit registration of either the OPTUM word mark or the OPTUM logo mark. TRADE MARKS – Section 60 Trade Marks Act: the extent of the applicant’s reputation in relation to OPTUS; whether because of that reputation, the use of either the OPTUM word mark or the OPTUM logo mark likely to deceive or cause confusion. TRADE MARKS – Cross-claim for an order under s 101(2), asserting non-use of the OPTUS mark respect of goods and services; whether the Court should exercise its discretion not to order the removal of the applicant’s trade marks in respect of any of those goods or services.

    0 0


    0 0


    0 0

    MIGRATION - application for review under s 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused an extension of time application under s 477(2) of the Migration Act 1958 (Cth) - leave given by the Refugee Review Tribunal to file further submissions - effect of communications with migration agent - delay in obtaining translation of submissions prepared by applicant - untranslated submissions not sent to Tribunal before it made its decision - whether jurisdictional error - whether failure to accord procedural fairness - no jurisdictional error - application dismissed

older | 1 | .... | 218 | 219 | (Page 220) | 221 | 222 | .... | 304 | newer