INTELLECTUAL PROPERTY - trade mark infringement - application for interlocutory relief - where first applicant is registered owner of Australian registered trade mark - claim that respondents breached ss 120(1), (2)(c) and (2)(d) of the Trade Marks Act 1995 (Cth) - where prima facie case of trademark infringement made out
CONSUMER LAW - where respondents engaged in trade or commerce in connection with the supply or possible supply of services - application for interlocutory relief -claim that respondents represented to consumers that restaurants they operated were operated with sponsorship or approval of, or with affiliation with, the applicants - claim that respondents' representations were false or misleading in contravention of Australian Consumer Law - where prima facie case made out
PRACTICE AND PROCEDURE - application for urgent interlocutory relief - where applicants sought interlocutory orders restraining respondents from using registered trade mark, and orders requiring transfer of domain name - where applicants made out prima facie cases of trade mark infringement and contraventions of Australian Consumer Law - where balance of convenience favoured grant of interlocutory relief sought - relief granted
Tim Ho Wan Pte Ltd v Viadar Holdings Pty Ltd [2018] FCA 715
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DFW16 v Minister for Immigration and Border Protection [2018] FCA 746
MIGRATION - application for Safe Haven Enterprise visa - appeal from Federal Circuit Court of Australia - whether the judge failed to consider significant judgments - whether the judge was biased in fixing costs - whether the judge failed to hold that the Authority acted unreasonably and denied procedural fairness - whether there was a failure to exercise or not consider whether to exercise power to invite the appellant to give new information - section 473DC(3) of the Migration Act 1958 (Cth) - where inconsistencies in appellant's visa application and a prior invalid application were not put to him - where the Authority unreasonably failed to consider exercising its power to get information - appeal allowed
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Fairy v Minister for Immigration and Border Protection [2018] FCA 729
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Li v Minister for Immigration and Border Protection [2018] FCA 730
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Tang v Minister for Immigration and Border Protection [2018] FCA 731
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BHG15 v Minister for Immigration and Border Protection [2018] FCA 761
MIGRATION - application for a (class XA) protection visa - appeal from the Federal Circuit Court of Australia - whether judge committed jurisdictional error - whether judge applied the wrong test for complementary protection - whether the judge erred in not finding that the Refugee Review Tribunal's decision was unreasonable - certificate purportedly made under section 438 of the Migration Act 1958 (Cth) - where appeals before the High Court of Australia regarding non-disclosure certificates not yet determined - subject to determination of pending High Court appeals, grounds of appeal fail
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Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80
MIGRATION - protection visas - fast track reviewable decisions - where Immigration Assessment Authority made initial decision to affirm the decision of a delegate not to grant a protection visa - where Authority had not considered a submission that had been made when making the initial decision - where submissions contained both "submissions" and "new information" - where Authority decided to re-open the first decision and consider the submission - where Authority made second decision again affirming the decision of the delegate not to grant a protection visa - whether the Authority had power to consider the later submissions - whether the authority had power to re-open the initial decision - whether the authority had power to vary or revoke the initial decision - whether second decision infected by jurisdictional error
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One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77
INDUSTRIAL LAW -- enterprise agreements -- where labour hire company hired three employees and the three employees voted to approve an enterprise agreement applying to employees and prospective employees covered by 11 modern awards -- where employer declared it had explained to the employees the terms of the agreement and their effect but there was no evidence of the content of the explanation -- where Fair Work Commission approved agreement and primary judge declared approval to be void and of no effect, whether primary judge erred in holding that there was no agreement susceptible of approval -- whether compliance with s 180(5) of the Fair Work Act 2009 (Cth) is a jurisdictional fact -- whether primary judge erred in holding in the alternative that the Commission's satisfaction was affected by jurisdictional error -- purpose of s 180(5) -- scope of s 188(c) -- whether Commission's decision also affected by jurisdictional error because it failed to take into account certain considerations in achieving satisfaction that agreement passed the "better off overall test" under s 193 or because there was no reasonable basis upon which it could have been satisfied
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Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2018] FCAFC 78
COMPETITION - appeal by the Australian Competition and Consumer Commission against an order of the Federal Court dismissing a proceeding against Pfizer in which the ACCC alleged that Pfizer had contravened s 46 and s 47(1) of the Competition and Consumer Act 2010 (Cth) when it took certain steps pursuant to a plan designed to enable Pfizer to compete in the market for the wholesale supply of a pharmaceutical (atorvastatin) to community pharmacies in Australia after the expiry of the Australian patent for atorvastatin held by Pfizer
COMPETITION - misuse of market power - whether the primary judge erred in market definition - whether the respondent had a substantial degree of market power in the relevant market - whether the respondent took advantage of its market power - whether the respondent had the purpose of "deterring" a person from engaging in competitive conduct in the atorvastatin market - whether the ACCC's case as pleaded was legally incoherent
COMPETITION - exclusive dealing - whether the respondent supplied upon "condition" - whether the respondent had the purpose of substantially "hindering" competition in the atorvastatin market - whether s 51(3) defence was established
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Nyoni v Murphy [2018] FCAFC 75
PRACTICE AND PROCEDURE - appeal - whether exercise of power by Registrar of the Federal Court of Australia to refuse documents for filing an administrative decision - whether decision reviewable under s 35A(5) of the Federal Court Act 1976 (Cth) - consideration of exercise of administrative and judicial decisions by a Registrar - whether primary judge conducted a review of the decision under s 5 of the Administrative Decisions (Judicial Review Act) 1977 (Cth)
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AQP17 v Minister for Immigration and Border Protection [2018] FCA 750
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CSV15 v Minister for Immigration and Border Protection [2018] FCA 699
MIGRATION - appeal from dismissal of judicial review application by the Federal Circuit Court of Australia of decision refusing to grant protection visa under the Migration Act 1958 (Cth) - whether Tribunal required to put country information to appellant - whether impact of appellant's mental health constitutes serious or significant harm for purpose of ss 36(2)(a) or (aa) of the Migration Act 1958 (Cth).
PRACTICE AND PROCEDURE - leave required to rely on fresh ground of appeal not argued before primary Judge - where leave opposed on basis of poor prospects of success - whether granting leave to rely on fresh ground of appeal would be in the interests of justice
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CRB17 v Minister for Immigration and Border Protection [2018] FCA 762
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Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79
TAXATION - General Interest Charge (GIC) - remission of GIC - where taxpayer applied for a full remission of GIC - where taxpayer also applied for a payment arrangement - where Deputy Commissioner sent letter to taxpayer to the effect that the Deputy Commissioner would accept a lump sum payment of a certain amount on or before a certain date - whether, by issuing the letter, the Deputy Commissioner made a decision to remit GIC - whether the primary judge erred in concluding that the Deputy Commissioner had not made a decision to remit GIC
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SZSZW v Minister for Immigration and Border Protection [2018] FCAFC 82
MIGRATION - appeal from decision to dismiss application for judicial review of Federal Circuit Court of Australia ("FCCA") judge's decision to refuse appellant extension of time - whether FCCA judge erred in conducting "fulsome" assessment of prospective appeal's merits - appeal dismissed
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BXK15 v Minister for Immigration and Border Protection [2018] FCAFC 76
MIGRATION - appeal from Federal Circuit Court of Australia - consideration of corroborative evidence - whether Tribunal failed to consider corroborative evidence - whether Tribunal's failure to consider corroborative evidence amounted to jurisdictional error - whether the primary judge erred in finding no jurisdictional error because the judge was not satisfied there was some possibility the outcome would have changed
MIGRATION - whether Tribunal breached s 424AA Migration Act 1958 (Cth) - whether the Tribunal failed to put particulars of country information to the appellants during the hearing
MIGRATION - whether the Tribunal contravened s 425 Migration Act 1958 (Cth) - whether the appellants were afforded meaningful opportunity to present arguments and make submissions - circumstances where Tribunal believed it had put particulars of country information to the appellants at the hearing
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Ogawa v Australian Information Commissioner [2018] FCA 766
ADMINISTRATIVE LAW - appeal - failure to serve notice of appeal - failure by appellant to appear as required at case management hearing - dismissed for want of prosecution.
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BVF16 v Minister for Immigration and Border Protection [2018] FCA 736
MIGRATION - consideration of an appeal from orders of the Federal Circuit Court of Australia in which the only ground of appeal relied upon by the appellant is that the primary judge "committed legal errors when dismissing proceedings [and] the Judge failed to consider all of the grounds raised in a proper and reasonable manner"
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Nixon (Trustee) [2018] FCA 720
BANKRUPTCY AND INSOLVENCY - application for voluntary resignation of a joint trustee in bankruptcy to be accepted - where one joint trustee in bankruptcy will continue as sole trustee in bankruptcy
BANKRUPTCY AND INSOLVENCY - application for voluntary removal of one liquidator and appointment of another liquidator
PRACTICE AND PROCEDURE - application to dispense with rules relating to service - where cost of individual service to numerous bankrupt estates would be significant - whether utility in liquidator of company serving documents upon themselves
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Khatri and Lane (Trustees) v McDonald, in the matter of Wilkie (Bankrupt) (No. 2) [2018] FCA 722
PRACTICE AND PROCEDURE - costs following the primary judgment - application for adjournment by Respondent - costs made in accordance with Court GPN-INT - discretion under s 51A Federal Court of Australia Act 1976. Held - adjournment dismissed - costs allowed.
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