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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - application for summary judgment or in the alternative strike out of pleading - where applicant alleged employment discrimination based on disability due to his need to have his dog on the work site

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    MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in finding that the second respondent (Tribunal) had considered all of the appellants' claims in concluding it was reasonable to relocate - whether primary judge ought to have found that the Tribunal committed jurisdictional error by failing to consider the claim advanced on behalf of the third appellant that she was in danger due to caste membership - whether, by reason of interpretation errors, the appellants were denied a reasonable opportunity to give evidence and present arguments before the Tribunal - appeal dismissed.

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    MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a protection visa under the Migration Act 1958 (Cth) - relevance of data breach to partner visa application

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    MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a partner visa under the Migration Act 1958 (Cth)

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    MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a protection visa under the Migration Act 1958 (Cth) - leave to rely on grounds of appeal not in issue before the primary Judge PRACTICE AND PROCEDURE - request for adjournment on medical grounds - whether the medical condition would prevent the appellant from participating effectively in a court hearing

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    MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a protection visa under the Migration Act 1958 (Cth) - leave to rely on grounds of appeal not in issue before the primary Judge

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    MIGRATION - protection (class XA) visa - where a delegate of the Minister refused to grant a visa - where the Refugee Review Tribunal affirmed the delegate's decision - application for judicial review to the Federal Circuit Court dismissed - unparticularised and novel grounds of appeal - impermissible merits review sought - leave to advance new ground of review refused Held: appeal dismissed

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    INDUSTRIAL LAW – appeal from decision of the Federal Circuit Court of Australia in relation to underpayments under an award – whether the primary judge gave sufficient reasons for determining that the Respondent was entitled to accident make-up pay (“accident pay claim”) and specific superannuation payments (“superannuation claim”) under the Air Pilots Award 2010 (“AP Award”) –whether on redetermination the accident pay claim and the superannuation claim are made out

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    PRACTICE AND PROCEDURE – interlocutory application – whether the Court should order the joinder of a person to the proceeding – where the joinder of the defendant’s insurer would avoid multiplicity of proceedings and give effect to the overarching purpose of the Court’s civil practice and procedure provisions – insurer joined as defendant

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    MIGRATION - application for Skilled (subclass 485) visa - failure to satisfy mandatory criterion for grant of visa - failure to meet cl 485.221(1) of Schedule 2 to the Migration Regulations 1994 (Cth) - failure to have skills assessed as suitable by relevant assessing authority for nominated skilled occupation - no appellable error identified - appeal dismissed PRACTICE AND PROCEDURE - application for adjournment of hearing to obtain legal assistance - no reasonable explanation for lack of notice or failing to obtain legal representation at an earlier time - adjournment application refused

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    MIGRATION - where respondent refused to revoke decision to cancel applicant's visa - whether respondent considered all material provided - where failure to consider material amounted to jurisdictional error - decision quashed and matter remitted

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    PRACTICE AND PROCEDURE - application for extension of time and leave to appeal interlocutory judgment of Federal Circuit Court - whether extension of time and leave to appeal should be granted - whether decision of primary judge attended by sufficient doubt to warrant reconsideration by appellate court - whether sufficient explanation for delay - application dismissed PRACTICE AND PROCEDURE - application for adjournment of hearing - whether sufficient basis for adjournment - whether evidence supported request for adjournment - where adjournment application opposed - adjournment refused MIGRATION - judicial review - application for Skilled (subclass 485) visa - failure to satisfy mandatory criterion for grant of visa - failure to meet cl 485.213 of Schedule 2 to the Migration Regulations 1994 (Cth) - failure to apply for Australian Federal Police check within 12 months of date of visa application

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    PRACTICE AND PROCEDURE - proceeding commenced as representative proceeding pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - application for declaration that proceeding not properly commenced as representative proceeding - whether claims give rise to substantial common issues of law or fact as required by s 33C Federal Court of Australia Act 1976 (Cth) - whether "common questions" properly raised by pleadings - application dismissed PRACTICE AND PROCEDURE - application pursuant to s 33N Federal Court of Australia Act 1976 (Cth) for order that proceeding no longer continue as representative proceeding - whether representative proceeding would provide efficient and effective means of dealing with claims of group members - whether it was otherwise inappropriate that claims be pursued as representative proceeding - where application for s 33N order made prematurely - application dismissed PRACTICE AND PROCEDURE - application to strike out parts of pleading pursuant to r 16.21 Federal Court Rules 2011 (Cth) - whether meaningful particulars of claim provided - whether aspects of claim ambiguous or evasive PRACTICE AND PROCEDURE - application for order that party provide particulars of claim - whether appropriate for representative party to provide particulars of group members' claims - whether ordering provision of particulars has utility, or is necessary or likely to assist INDUSTRIAL LAW - whether group members employees or independent contractors - consideration of relevant factors - whether test requiring consideration of "totality of the relationship" between the parties can be addressed without considering individual circumstances of group members

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    PRACTICE AND PROCEDURE - application for preliminary discovery - prospective "fraud on the market" representative action - whether reasonable belief in right to relief - whether public information sufficient to enable decision as to commencement of proceedings - whether documents directly relevant to right to relief - preliminary discovery granted

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    CONSUMER LAW - pecuniary penalty - contraventions of the National Consumer Credit Protection Act 2009 (Cth)

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    PRACTICE AND PROCEDURE - where primary judge ordered that the appellant pay a civil penalty of $271,362.36 - where appellant is in default - where appellant filed notice of appeal from judgment of primary judge seeking an order that the civil penalty order be stayed until appeal is heard and determined - where appellant delayed in filing interlocutory application for stay of execution of the civil penalty order - where appellant gave no explanation for the delay - where appellant's evidence was inadequate to demonstrate an incapacity to pay or other detriment -interlocutory application refused

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    INTELLECTUAL PROPERTY - alleged infringement of patent, trademark and copyright - application for interlocutory injunctions - whether prima facie case - balance of convenience - whether damages an adequate remedy - application dismissed

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    PRACTICE AND PROCEDURE - application under r 9.63 of the Federal Court Rules 2011 for appointment of litigation representative

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    MIGRATION - fast track reviewable decision - review by Immigration Assessment Authority - where Applicant made a request for information under Freedom of Information Act 1982 (Cth) - where request for information made after the application referred to the Authority for review - where Authority proceeded to make its decision on the review before the request for information was finalised ADMINISTRATIVE LAW - exclusion of the common law rules of natural justice - statutory provisions an exhaustive statement of the hearing rule ADMINISTRATIVE LAW - unreasonableness - conferral of greater procedural entitlements than natural justice

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    PRACTICE AND PROCEDURE - directions to resolve the resolution of remaining prayers of Originating Application - where competing claims by trust claimants, secured creditor, liquidators and priority creditors

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