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
Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 760
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Australian Competition and Consumer Commissioner v ABG Pages Pty Ltd [2018] FCA 764
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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Satellite & Wireless Pty Ltd v Body Corporate for Brighton on Broadwater Sundale North 1 Community Titles Scheme 48640 [2018] FCA 723
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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Doolan on behalf of the Andado, Pmere Ulperre, New Crown and Therreyererte Family Groups v Northern Territory of Australia [2018] FCA 709
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Jack on behalf of the Imarnte, Titjikala and Idracowra Estates v Northern Territory of Australia [2018] FCA 708
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Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Bruce Highway Separate Question Case) [2018] FCA 771
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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CFD17 v Minister for Immigration and Border Protection [2018] FCA 758
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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Kaur v Minister for Immigration and Border Protection [2018] FCA 779
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McCallum v The Official Trustee in Bankruptcy [2018] FCA 773
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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Singh v Minister for Immigration and Border Protection [2018] FCA 728
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SZWBC v Minister for Immigration and Border Protection [2018] FCA 759
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Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781
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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Mohammed v Minister for Immigration and Border Protection [2018] FCA 767
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Singh v Minister for Immigration and Border Protection [2018] FCA 778
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Akiba on behalf of the Torres Strait Regional Sea Claim v State of Queensland [2018] FCA 772
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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Cai v Minister for Immigration and Border Protection [2018] FCA 782
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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CBN17 v Minister for Immigration and Border Protection [2018] FCA 788
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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Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777
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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Coshott v Burke (No 2) [2018] FCAFC 81
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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AIC15 v Minister for Immigration and Border Protection [2018] FCA 774
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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