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Lastest Judgments from the Federal Court

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    MIGRATION - findings rejecting 'road to Damascus' or prompt conversion to Christianity - whether primary judge erred in failing to find that a decision of the Immigration Assessment Authority was arbitrary, unreasonable or irrational - where logical basis for decision demonstrated in the decision record - appeal dismissed

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    INDUSTRIAL LAW - appeal from former Industrial Relations Court of South Australia - two employees were entitled to redundancy payments from the appellant - whether the employees' service with the appellant's predecessors was "previously agreed industry service" so as to be taken into account in the calculation of the redundancy payments - construction of industrial awards and agreements - whether agreement with employees was superseded by later enterprise agreement - contractual effect of representations by the appellant's predecessors - whether a union official was one employee's agent - appeal dismissed.

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    MIGRATION - application for judicial review of a decision of the Minister not to revoke a visa cancellation decision - visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether the Minister failed to have regard to the applicant's claims - whether the Minister was required to consider the effect of a non-revocation decision on applicant's eligibility for parole - whether applicant required to serve full sentence of imprisonment as a result of non-revocation decision - application dismissed

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    MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - where appellant is a Shia and claims to fear persecution on the basis of his having a name which would identify him as being a Sunni - whether primary judge erred in finding the appellant gave evidence he had tribal ties to a particular place in Iraq - whether primary judge erred in failing to find the IAA had not considered relevant submissions made by appellant - whether primary judge erred in failing to find the IAA ought to have considered new information - whether primary judge failed to give sufficient reasons in dismissing the application for review - appeal allowed

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    MIGRATION - appeal from decision from the Federal Circuit Court - appeal dismissed.

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    MIGRATION - application for extension of time to appeal from orders of the Federal Circuit Court of Australia - protection visa - where ground argued below was that the Tribunal had failed to consider an integer of the applicant's claims - where primary judge rejected this ground - whether discretion to grant an extension of time should be exercised - application for extension of time dismissed

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    BANKRUPTCY AND INSOLVENCY - application for extension of time for convening meetings of creditors under ss 439A and 447A of the Corporations Act 2001(Cth) - application granted

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    MIGRATION - whether Federal Circuit Court erred in not finding jurisdictional error on the part of the Administrative Appeals Tribunal - whether appellant was denied procedural fairness - where appellant seeks to raise ground not advanced in the court below PRACTICE AND PROCEDURE - application for adjournment - application refused

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    MIGRATION - whether Federal Circuit Court erred in not finding jurisdictional error on the part of the Administrative Appeals Tribunal in refusing an application for a protection (Class XA) visa - whether Tribunal failed to consider a submission of substance - where applicant acquitted in trial in Australia on the basis he was a "patsy" - where applicant claimed to fear harm in Country Z from persons implicated by applicant in his trial on the basis he was a "snitch"

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    COMPETITION - contraventions of the Competition and Consumer Act 2010 (Cth) and the Competition Code as applied as a law of Victoria by the Competition Policy Reform (Victoria) Act 1995 (Vic) - consideration of s 45(2)(b) - whether the second respondent gave effect to the overarching and other cartel agreements, arrangements or understandings made by the first respondent by submitting prices - whether a third party must have knowledge in order to give effect to relevant cartel conduct - the meaning of "give effect to" COMPETITION - consideration of exclusionary provisions and contravention of ss 45(2)(a)(i) and 45(2)(b)(i) of the Competition and Consumer Act 2010 (Cth) - consideration of ss 45(3), 4D and 4E - whether contravention must be between competitors who were in competition in a relevant market in Australia - market definition - whether there was a relevant market in Australia STATUTORY INTERPRETATION - construction of a statutory definition - competition - market - exclusionary provision - common law presumptions regarding the interpretation of penal legislation and regarding the extraterritorial operation of legislation - reliance on extrinsic materials - whether s 45(3) was applicable to ss 45(2)(a)(i) and 45(2)(b)(i) of the Competition and Consumer Act 2010 (Cth) COMPETITION - construction of s 76(5) of the Competition and Consumer Act 2010 (Cth) - appropriate penalty or penalties in respect of contraventions of s 45(2) - determination of maximum penalty - where parties have not sought to prove the value of the benefit reasonably attributable to the contraventions - construction of the words "the body corporate" - construction of the word "enterprise" - whether supplies made by a subsidiary are made in connection with a business carried on by the contravener for the purposes of determining "annual turnover" COMPETITION - consideration of how many contraventions are subject to the maximum penalty - whether contraventions are to be considered as one act within s 76(1A)(b) of the Competition and Consumer Act 2010 (Cth) - whether the contraventions are to be considered part of the same conduct within s 76(3) of the Competition and Consumer Act 2010 (Cth) - consideration of course of conduct and totality principles - whether all of the contravening acts were directed toward the purpose of a single underlying wrong and therefore should be treated as a single course of conduct COMPETITION - refixing of penalty - where first respondent is a large multinational supplier with considerable market share - where aggregate maximum penalty and characterisation of conduct is different from that determined by the primary judge - where prohibited arrangement longstanding, significant and involved senior management COSTS - where primary judge reduced costs order in favour of the appellant due to failure to establish a particular factual issue at first instance - whether appellant should be awarded 100% of its costs at first instance

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    MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where the primary judge dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal - where the Tribunal affirmed the decision under review denying the appellant's application for a protection visa - where the appellant sought the grant of a Protection (class XA) visa Held: appeal dismissed

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    MIGRATION - appeal from decision from the Federal Circuit Court - application by the Appellant for adjournment of hearing - application by First Respondent for summary dismissal of appeal - appeal dismissed.

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    MIGRATION - application for extension of time to file notice of appeal - where explanation for delay unsatisfactory - where merits of the case bound to fail - application dismissed

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    PRACTICE AND PROCEDURE - application for extension of time - where no reasonable explanation for substantial delay in making application - where there is a risk of prejudice to respondents - where evidence unclear as to whether applicant had an arguable case - whether extension of time should be granted - application refused.

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    CORPORATIONS - scheme of arrangement - application for approval of scheme of arrangement - application allowed.

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    PRACTICE AND PROCEDURE - application for extension of time - where no reasonable explanation for delay in making application - where delay caused prejudice to first and third respondents - where applicant does not have an arguable case - whether extension of time should be granted - application refused.

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    PRACTICE AND PROCEDURE - application for summary judgment or in the alternative strike out of pleading - where applicant alleged disability discrimination - where application out of time - whether applicant should be granted an extension of time - whether originating application should be summarily dismissed against the fifth and sixth respondents - application allowed in part.

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    CORPORATIONS - whether appellable error in Administrative Appeals Tribunal's affirmation of decision to disqualify applicant from managing corporations under s 206F of the Corporations Act 2001 (Cth) - no appellable error disclosed - appeal dismissed

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