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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - interlocutory application for an adjournment of trial - where applicant sought to bring concurrent proceedings subject to procedures under the Workers' Compensation and Rehabilitation Act 2003 (Qld) ("WCRA") - where timeframes for the WCRA and the Federal Court matters have become more aligned - whether WCRA proceedings are a "federal matter" - whether WCRA proceedings and Federal Court proceedings are a single justiciable controversy - whether prejudice to respondents as a result of adjournment - whether efficient to hear two proceedings together in interests of justice - appropriate order as to costs of adjournment application

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    MIGRATION - whether advice given to the appellant by the Immigration Assessment Authority was incorrect or misleading so as to deny the appellant procedural fairness and establish jurisdictional error - where the advice given over the phone was not incorrect but did not include all of the information which had previously been given to the appellant via mail and information brochures

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    EQUITY - claim for equitable compensation for breach of fiduciary duty - where breaches of fiduciary duties related to non-disclosure - where loss claimed was the difference between market value and sale price of land - consideration of principles for the award of equitable compensation - consideration of test for causation in equity EQUITY - claim for equitable contribution - where cross-claimant and cross-respondent breached fiduciary duties - where cross-claimant and cross-respondent were under co-ordinate liability to make good any loss PRACTICE AND PROCEDURE - where findings relevant to valuation and remedies were made following trial - where no final orders as to remedies made in the primary proceeding - where issues of liability were the subject of an appeal before remedial orders were made - whether the primary judge has power to reconsider previous findings as to valuation where no final remedial orders had been made

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    COSTS - application for a personal costs order - no unreasonable conduct on the part of the solicitor - held: application refused

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    BANKRUPTCY AND INSOLVENCY - judicial advice as to conduct of proceedings

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    MIGRATION - appeal from Federal Circuit Court - where Tribunal did not contact a witness that appellant claimed corroborated evidence - where Tribunal did not accept appellant's credibility - whether Tribunal's refusal to contact the witness was an unreasonable exercise of discretion - whether the Tribunal's refusal to contact the witness constituted a failure to provide a hearing in the manner required by s 425 of the Migration Act 1958 (Cth) - where contacting the witness was not an obvious enquiry about a critical fact - where no sufficient link to outcome -open to Tribunal and primary judge to dismiss corroborating evidence based on credibility of appellant's evidence - appeal dismissed

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    MIGRATION - appeal from decision of Federal Circuit Court - whether Tribunal failed to consider that appellant had a real chance of persecution as a person opposed to the Karuna Group - where Tribunal dealt with and rejected this submission - whether Tribunal fell into error in considering some but not all country or NGO reports - where Tribunal held to have expressly considered both issues - where Tribunal permitted to decide which country information it considers and its weight - appeal dismissed

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    MIGRATION - application for an extension of time for leave to appeal - where no prejudice to respondent in six day delay - where explanation for delay inadequate - where prospects of success insufficient to merit extension of time - where protection visa sought by applicant claiming to be fleeing loan sharks - where no evidence to support finding of loan sharks - application refused

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    CORPORATIONS - scheme of arrangement - second Court hearing - approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth)

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    COMPETITION - secondary boycott - pecuniary penalties - course of conduct and totality principles - relevance to penalty of actual loss and damage occurring in secondary boycott - injunctions - compliance program - form of declarations COSTS - Calderbank offer - relevant factors - special consideration of regulator's role COSTS - apportionment of costs

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    MIGRATION -- where appellant did not request an interpreter before Tribunal hearing and no interpreter was provided at hearing -- whether appellant was "not proficient in English" -- whether appellant was able to communicate the substance of his claim -- whether appellant was denied procedural fairness -- whether invitation to appear before Tribunal for hearing was real and meaningful -- whether Tribunal failed to comply with ss 425(1) and 427(7) of the Migration Act 1958 (Cth) -- where no audio recording was tendered in court below and primary judge relied on poor quality transcript to decide whether Tribunal hearing was procedurally unfair -- whether primary judge had a duty to require tender of audio recording -- where audio recording tendered on appeal, whether recording demonstrated that appellant had been denied procedural fairness

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    CORPORATIONS - scheme of arrangement - second Court hearing - approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth).

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    DAMAGES - loss or damage - assessment of damages - causation - where the claim for damages was run as an "all or nothing" case - whether the primary judge erred in concluding that the consequence of the appellant's failure to disclose its financial position was that the respondent would not have paid a sum in respect of the payment claim - where the primary judge's conclusion at trial was open on the evidence adduced and the case as pleaded CONSUMER LAW - misleading or deceptive conduct - loss or damage - assessment of damages - proportionate liability - application of Competition and Consumer Act 2010 (Cth) Pt VIA, Proportionate liability for misleading and deceptive conduct - "apportionable claim" - "concurrent wrongdoer" - Tesco liability - whether the director's liability for an act should be reduced from 100% to 50% to be shared with the company

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    COSTS - where intervener opposed application by receivers for directions by way of judicial advice under s 424 of the Corporations Act 2001 (Cth) - where directions given, but intervener successful as to contentions regarding the form of directions - principles regarding costs in case of intervention - whether participation was adversarial in character on an application for directions - as proceedings were adversarial, ordinary rule that costs should follow the event applied - costs ordered against the intervener

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    ADMINISTRATIVE LAW - application for an order suspending the operation of a decision pending the hearing and determination of the proceeding - where the applicant was incorporated for the purpose of holding certain native title rights and interests - where the respondent decided to impose a total ban on the use of hookah gear in the Torres Strait Tropical Rock Lobster Fishery for the remainder of the season - where the applicant commenced a proceeding challenging the decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where the applicant contended that, in making the decision, the respondent failed to comply with the procedural requirements set out in s 24HA(7) of the Native Title Act 1993 (Cth), alternatively that the respondent breached the rules of natural justice - whether there was a serious question to be tried - whether the balance of convenience favoured the making of an order suspending the operation of the decision - application dismissed

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    PRACTICE AND PROCEDURE - petition for sequestration orders on the basis of failure to comply with a bankruptcy notice which referred to an unpaid costs order - whether orders should be made dispensing with requirement of deponents to attend for cross-examination - whether the court should determine as a preliminary issue whether there is a reason to go behind the costs order - orders made for hearing of preliminary issues and dispensation with compliance with Federal Court Rules 2011 (Cth) as to attendance of deponents for cross-examination confined to hearing of preliminary issues

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    MIGRATION - appeal from a judgment of the Federal Circuit Court which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the appellant a Skilled (Provisional) Temporary Graduate (Class VC, Subclass 485) visa on the basis that he had not satisfied cl 485.223 of Sch 2 of the Migration Regulations 1994 (Cth) - where the visa application was not accompanied by evidence that the appellant had applied for a skills assessment - where, at the time of the visa application, he had not applied for a skills assessment - where, by the time of the Tribunal hearing, he had obtained a successful skills assessment - whether the Tribunal misconstrued cl 485.223 in affirming the delegate's decision to refuse the visa - whether the FCC erred in dismissing the judicial review application STATUTORY INTERPRETATION - consideration of the words "accompanied by evidence" in cl 485.223 of Sch 2 of the Migration Regulations 1994 (Cth) - consideration of Anand v Minister for Immigration and Citizenship (2013) 215 FCR 562; [2013] FCA 1050 and Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417; [2010] HCA 8

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    MIGRATION - application for extension of time - s 501 of Migration Act 1958 (Cth) - criminal convictions lead to failure of character test and cancellation of visa- whether there was legal unreasonableness in the decision of the Minister - application refused

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    CORPORATIONS - consideration of the question of the disposition of the costs of and incidental to the applications the subject of the principal judgment

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    MIGRATION - application for judicial review of Tribunal's decision to deny appellant protection visa - whether Tribunal erred in finding that the appellant was not a Christian - whether questioning of appellant by Tribunal about his religious faith probative and appropriate - whether Tribunal's findings concerning appellant's religious faith unreasonable - whether Tribunal otherwise had a basis for denying protection visa - appeal dismissed

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