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Lastest Judgments from the Federal Court

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    MIGRATION - application for extension of time to appeal from decision of the Federal Circuit Court of Australia - protection visa - where reasons for delay unsatisfactory - where ground or grounds of appeal lack merit - application dismissed

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    MIGRATION - application for extension of time to appeal from decision of the Federal Circuit Court of Australia - student visa - claim that Court Book not served in primary proceedings - where ground or grounds of appeal lack merit - application dismissed

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    PRACTICE AND PROCEDURE – whether an extension of time within which to appeal should be granted – where the application is unopposed – where the delay in filing was short

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    TAXATION - goods and services tax - appeal from a decision of the Administrative Appeals Tribunal setting aside objection decision and increasing GST and administrative penalty payable - calculation of GST payable under margin scheme - valuation on an "as is" basis - whether an approved valuation for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (Cth)

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    PRACTICE AND PROCEDURE - application by first and third respondents to strike out further amended statement of claim - whether pleading sufficient to appraise first and third respondents of case against them - whether each element of each cause of action pleaded - section of further amended statement of claim struck out with leave to re-plead

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    MIGRATION - application for order preventing removal from Australia - where applicant filed an application for extension of time and leave to appeal from a decision of the Federal Circuit Court outside of the prescribed period - where no adequate explanation for delay - where no reasonable prospects of appeal being successful - where balance of convenience does not lie in favour of application being granted - application dismissed

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    CONSUMER LAW – Proceeding by Commission under s 21 of Schedule 2 to Competition and Consumer Act 2010 (Cth) – whether respondent (Ford Australia) engaged in unconscionable conduct – matters relevant to unconscionability – where respondent was a trading corporation supplying motor vehicles – where such vehicles did not meet the consumer guarantees in respect of quality contained within Division 1 of Part 3-2 of the Australian Consumer Law – where respondent gave effect to processes for dealing with and responding to complaints from customers which were inadequate – where parties prepared an agreed statement of facts and jointly proposed declarations – discussion of guiding principles relevant to the imposition of a penalty pursuant to s 224 of the Australian Consumer Law – agreement the respondent pay pecuniary penalties totalling $10 million – whether proposed orders appropriate – proposed orders made

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    MIGRATION - application for an extension of time to appeal primary judge decision - leave granted - where alleged that primary judge erred by failing to take into consideration claim that applicant witnessed shooting - where merits of the claim insufficient to allow extension of time - where clear that the Tribunal considered in detail the relevant shooting - application refused

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    MIGRATION - application for leave to appeal - where applicant applied for Medical Treatment (Visitor) (Class UB) visa - where applicant applied outside statutory time frame - applicant never eligible to apply

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    MIGRATION - application for (class XA) protection visa - appeal from Federal Circuit Court of Australia - whether the judge committed jurisdictional error - whether the Tribunal took into account an irrelevant consideration - where the appellant did not file submissions - where the Minister contends there is "no case to meet" - where the judge took account of all matters with a bearing on the appellant's complementary protection claims - appeal dismissed

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    CONSUMER LAW – whether respondent’s advertisements breached Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – misleading or deceptive conduct – false or misleading representations – conduct liable to mislead as to nature or characteristics of services – whether advertisements conveyed nothing, merely provoking “wonderment”, or whether ordinary and reasonable consumers would understand word “Unlimited” as connected to words “Australia’s best mobile network” and the respondent’s logo and therefore referable to usage and/or geographic coverage of respondent’s mobile network – whether representations so conveyed false where respondent offers “unlimited” plan relevantly subject to device restrictions and speed throttling once data usage allowance exceeded – contraventions found

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    CORPORATIONS - winding up application - application for summary judgment on basis that plaintiffs do not have standing - where plaintiffs are registered holders of shares - where plaintiffs investment resulted in shareholding without agreement or knowledge - whether plaintiffs are contributories - standing as contributory - whether 'a holder of fully paid shares' to be given natural meaning - whether plaintiffs should be permitted to seek standing in the same proceedings as application for winding up - application for summary judgment dismissed.

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    BANKRUPTCY AND INSOLVENCY - Creditor's petition - Act of bankruptcy comprised failure to comply with bankruptcy notice founded on a judgment debt for taxed costs - Application to review decision of Registrar making sequestration order against the respondent's estate - Rehearing - Where no justification to go behind judgment debt - Where no sufficient cause to prevent making sequestration order

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    PRACTICE AND PROCEDURE - application for judge's recusal - application dismissed

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