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Lastest Judgments from the Federal Court

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    PRIVILEGE – Legal professional privilege – advice privilege under s 118 of Evidence Act 1995 (Cth) – whether document or communication confidential – whether document or communication for dominant purpose of provision of legal advice – waiver of privilege under s 122(2) – where privilege held by joint clients in class action – whether dissemination by one joint privilege holder of privileged document or communication to WhatsApp messaging group constitutes waiver – whether discussion of contents of document or communication following assertion of privilege constitutes waiver

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    CONSUMER LAW - penalty hearing - admitted contraventions of the Australian Consumer Law - declarations - injunctions - pecuniary penalties - agreed facts and admissions - whether appropriate to make the orders sought by parties

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    COMMUNICATIONS LAW - licensed telecom carrier - application for injunctive relief against a body corporate - failure of body corporate to appear - judgment made in default. Held - injunction granted.

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    PRACTICE AND PROCEDURE - application for an order that a question of law be heard and determined separately - all parties support the application - potential for prolonged fragmentation of the trial process - application refused.

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    MIGRATION - non-appearance by applicant at the hearing of the application for an extension of time - application dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth)

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    BANKRUPTCY - application for annulment of bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth) - where the applicant had been made bankrupt pursuant to a debtor's petition - where, four days later, a sequestration order had been made upon presentation of a creditor's petition - where the applicant had been discharged from the first bankruptcy - where the Official Trustee did not oppose the annulment - whether the sequestration order ought not to have been made - whether appropriate in the circumstances to make an order annulling the second bankruptcy - annulment order made

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    BANKRUPTCY AND INSOLVENCY - application for approval nunc pro tunc of liquidator's entry into funding agreement on company's behalf under Corporations Act 2001 (Cth) s 477(2B) - application granted

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    PRACTICE AND PROCEDURE - native title - application to disqualify case managing judge on grounds of apprehended bias - whether hypothetical lay observer might apprehend that case managing judge might not bring an impartial mind to matters arising in case management of the proceeding - application dismissed

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    MIGRATION - application for review of decision refusing to grant first appellant an Employer Nomination (Residence) Class BW Subclass 857 Visa - employer nomination not granted - first appellant failed to meet criteria for grant of visa in absence of employer nomination - application dismissed

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    MIGRATION - appeal from decision of Federal Circuit Court - whether Immigration Assessment Authority's decision affected by jurisdictional error - whether failure to consider whether appellant faced a real risk of significant harm in accordance with ss 36(a)(aa) and (2A) of the Migration Act 1958 (Cth) - whether failure to consider claims cumulatively - appeal dismissed

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    CONSUMER LAW - misleading or deceptive conduct - false or misleading representations - where the respondent represented that it had the right to cancel the customer's telephone and/or internet service on a particular date or within a specified period of time, when it did not have this right - where the respondent represented that customers would need to acquire National Broadband Network based services from the respondent in order to receive home telephone and/or internet services, when this was not the case - where the respondent admitted liability for contraventions of the Australian Consumer Law - where the parties prepared a statement of agreed facts and admissions and jointly proposed declarations and orders including pecuniary penalties totalling $1.5 million - whether proper basis to make the declarations and orders - whether proposed penalties appropriate in the circumstances - proposed declarations and orders made

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    COSTS - appeal from a decision of a single judge awarding lump sum costs - whether primary judge erred in failing to discount lump sum awarded - whether indemnity costs order covers solicitor and client costs - where party seeking reduction did not challenge evidence as to the reasonableness of costs claimed before primary judge - whether costs applicant bears onus of establishing costs claimed were reasonably incurred - whether consent orders that costs be assessed prevent the making of subsequent orders for lump sum costs - whether indemnity principle requires an insured party to produce its insurance policy - appeal dismissed

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    MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia (“FCC”) – whether FCC erred in failing to find jurisdictional error in the decision of the Refugee Review Tribunal (“Tribunal”) – whether the decision of the Tribunal was neither logical nor rational – appeal dismissed

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