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Lastest Judgments from the Federal Court

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    BANKRUPTCY AND INSOLVENCY - application for extension of time to convene second meeting of creditors under Corporations Act 2001 (Cth) ss 439A and 447A - where extension sought to allow completion of sale of company's business and proper investigation of its affairs - application granted

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    MIGRATION - application for protection visa - refusal by delegate - Tribunal affirms delegate's decision - application out of time made to Federal Circuit Court PRACTICE AND PROCEDURE - application for extension of time - appeal from decision of the Federal Circuit Court not to extend time within which to make application - whether appeal competent - whether satisfactory explanation for delay - whether any self-evident error in decision of the Federal Circuit Court

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    MIGRATION - protection visas - appeal from decision of the Federal Circuit Court to dismiss an application for review of a decision of the Refugee Review Tribunal - whether reasons of the Federal Circuit Court expose appellable error - procedural fairness - whether the Tribunal failed to put the Appellant on notice of its view that photographs might be "photo shopped" - where appellant aware that genuineness of photographs in issue - whether any practical injustice PRACTICE AND PROCEDURE - appeals - application for leave to amend notice of appeal - where amended Grounds provided in Appellants Submissions - whether leave should be granted to amend - whether proposed grounds have any self-evident merit PRACTICE AND PROCEDURE - appellate jurisdiction - where appeal in the nature of a rehearing - consideration of practice in migration cases of reviewing decision of Tribunal - consideration of the need to establish appellable error on the part of primary Judge

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    MIGRATION - application for Protection (Class XA) visa - where appellant required interpreter at Tribunal hearing - whether appellant denied "real and meaningful" hearing due to inadequate translation - whether appellant denied opportunity to present evidence and arguments relating to issues arising on the review - whether errors in translation "material" - whether Tribunal failed to comply with ss 425(1) and 427(7) of the Migration Act 1958 (Cth) - whether primary judge identified wrong issue - whether primary judge erred by considering if Tribunal had duty to investigate adequacy of translation - whether primary judge erred in finding that appellant was obliged to call expert evidence to prove material errors in translation - 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 Administrative Appeals Tribunal (“Tribunal”) – whether expedient in the interests of justice to allow the appellant to rely on a new ground of appeal – whether adverse credibility findings expose illogical or irrational finding or reasoning – if so, whether adverse credibility findings constitute jurisdictional error – appeal allowed

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    PRACTICE AND PROCEDURE - application for default judgment against first respondent and dismissal of a cross-claim under r 5.23 of the Federal Court Rules 2011 (Cth) - first respondent in default - whether relief ought to be granted

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    MIGRATION - refusal of protection visa - appeal dismissed

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    MIGRATION - Review of decision not to revoke cancellation decision - Where one ground of appeal was not heard due to an appeal to the High Court of Australia (Falzon v Minister for Immigration and Border Protection (2018) HCA 2), which was substantially the same - Where that ground of appeal was heard after the decision of the High Court of Australia was handed down - Where, pursuant to Falzon, s 501(3A) of the Migration Act 1958 (Cth) does not confer upon the Minister judicial power or power that was judicial in character COSTS - Where the matter was transferred between the Federal Circuit Court of Australia and the Federal Court of Australia - Where the distribution of jurisdiction under the Migration Act 1958 (Cth) is difficult to follow and the legislation is somewhat uncertain in relation to jurisdiction

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    MIGRATION - Regulation 2.05(4) of the Migration Regulations 1994 (Cth): waiver of visa condition - condition that appellant not, after entering Australia, be entitled to be granted a substantive visa while remaining in Australia - Whether delegate correctly applied the criteria about whether circumstances developed since the visa was granted and whether the appellant had any control over those circumstances

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    CONSUMER LAW - Where regulator alleged that the respondents had engaged in misleading or deceptive conduct - Where regulator alleged that the respondents engaged in unconscionable conduct - Where regulator alleged that a director of the corporate respondent was knowingly concerned in the contraventions - Where director admitted liability and regulator and director jointly proposed orders to be made - Where the director has entered into an enforceable undertaking with regulator - Where regulator seeks various declarations pursuant to the Federal Court of Australia Act 1976 (Cth) - Whether that discretion should be exercised - Whether penalties ought to be imposed - Factors to take into account when considering reasonableness of proposed penalties

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    HUMAN RIGHTS - disability discrimination - application by litigation representative for approval of a settlement - whether settlement should be approved - applicable principles - settlement approved

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    PRACTICE AND PROCEDURE - application for substituted service - where defendant resident in gated housing estate - application granted

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    PRACTICE AND PROCEDURE - application for leave to appeal from a decision of a judge of this Court granting summary dismissal - where the primary judge held there to be no reasonable prospect of the applicant successfully prosecuting the proceeding - whether the respondent's objection to competency and application for summary judgment ought to be granted - whether there is an appellable error CONSUMER LAW - where the applicant sought to raise new claims not before the primary judge asserting unconscionable conduct under the Australian Securities and Investments Commission Act 2001 (Cth) and/or the Banking Code of Practice - whether there was 'unconscionable conduct' pursuant to s 12CC of the ASIC Act - where the forebearance deed was not an 'unfair contract'- where the forebearance deed was not a 'small business contract' -where the statutory provisions relied upon by the applicant had not commenced application Held: application for leave to appeal dismissed with costs

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    MIGRATION - whether appeal ground should be dismissed due to lack of particulars - whether matters raised orally by appellant in person disclose error - appeal dismissed

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    TAXATION - security for costs - power of the Court to dismiss proceedings under s 56(4) Federal Court of Australia Act 1976 (Cth) - failure to provide security for costs - failure to attend at case management hearing - Federal Court of Australia Act 1976 (Cth) s 37P - matter dismissed.

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    INDUSTRIAL LAW - appeal from a judgment of the Federal Court of Australia - where the primary judge had found that the Australian Building and Construction Commissioner had failed to establish that employees of the Construction, Forestry, Mining and Energy Union, and the union itself, had contravened ss 340, 343, 355 of the Fair Work Act 2009 (Cth) - whether the primary judge erred in applying the presumptions in ss 360 and 361 of the Fair Work Act 2009 (Cth)

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