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Lastest Judgments from the Federal Court

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    MIGRATION - application for extension of time in which to file notice of appeal from orders of Federal Circuit Court - where Federal Circuit Court dismissed application for review of decision of Administrative Appeals Tribunal - where relatively short delay in bringing application for extension of time - where proposed grounds of appeal lack merit - where futility of proposed appeal outweighs factors in favour of granting extension of time - application refused

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    CORPORATIONS - consideration of the disposition of the costs in relation to an application made under s 247A of the Corporations Act 2001 (Cth)

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    MIGRATION - appeal from Federal Circuit Court - real chance test - Migration Act 1958 (Cth) s 5J(1)(b) - additional grounds of appeal raising issues not raised below - grant of leave necessary to permit raising new grounds of appeal - grounds of appeal so general to be meaningless. Held - leave not granted - appeal dismissed.

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    MIGRATION - appeal from decision of Federal Circuit Court - alleged error by Tribunal - grounds of appeal so general as to be devoid of meaning. Held - appeal dismissed.

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    MIGRATION – Appeal from decision of the Federal Circuit Court – non-attendance by appellant – informal requests for adjournment – application by first respondent for summary dismissal

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    MIGRATION - application for review of a decision of the Assistant Minister for Immigration and Border Protection not to revoke a visa cancellation decision - whether Minister gave proper, genuine and realistic consideration to representations made by or on behalf of the applicant - decision quashed and remitted

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    PRACTICE AND PROCEDURE - application for adjournment made by consent - adjournment refused notwithstanding parties' consent - where direct access counsel may have conflicting duties if application refused - conflict of counsel's own making - no suggestion alternative competent counsel could not be retained

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    MIGRATION – Appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a protection visa; Adverse credibility findings

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    BANKRUPTCY AND INSOLVENCY - undervalued transactions - declaration pursuant to s 120 of the Bankruptcy Act 1966 (Cth) PRACTICE AND PROCEDURE - application for summary judgment pursuant to rr 5.22(b) and 5.23(2)(c) of the Federal Court Rules 2011 (Cth) - failure to file a defence - self-executing orders

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    PRACTICE AND PROCEDURE - application for interim orders pursuant to s 33ZF of the Federal Court of Australia Act 1976 (Cth) restraining the lead applicant and the litigation funder in a permanently stayed representative proceeding from contacting group members in this proceeding solely in relation to opt out pending determination of contested issues relating to an opt out process - consideration of whether an order is appropriate and necessary to ensure that justice is done in this proceeding - order temporarily restraining contact made

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    CORPORATIONS - where shares issued in admitted contravention of disclosure requirements in s 707 and s 727 of the Corporations Act 2001 (Cth) - application for declarations and orders under s 1322 - relief granted to declare sale of shares not invalid by reason of failure to comply by shareholders and orders relieving them from civil liability

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    MIGRATION - where applicant is a citizen of Afghanistan - where applicant arrived in Australia as an unauthorised maritime arrival - where applicant lodged an application for a Protection visa - where delegate of the Minister made a decision not to grant the applicant a Protection visa - where applicant applied to the Refugee Review Tribunal (now the Administrative Appeals Tribunal) for a review of the delegate's decision - where Administrative Appeals Tribunal decided to affirm the delegate's decision - where applicant issued an application for judicial review of the Administrative Appeals Tribunal's decision in the Federal Circuit Court - where application for judicial review dismissed PRACTICE AND PROCEDURE - application for extension of time within which to appeal from a decision of the Federal Circuit Court - where draft Notice of Appeal and draft Amended Notice of Appeal put forward - consideration of matters relevant to determining an application for an extension of time within which to appeal - where delay is substantial - where application out of time by approximately 10 and-a-half months - where there are deficiencies in the explanation for the delay - where substantive application has no merit - whether the applicant will suffer prejudice if extension of time is not granted - whether the respondent will suffer prejudice if an extension of time is granted - importance of finality of litigation

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    MIGRATION - where applicant is a citizen of Papua New Guinea - where applicant lodged a Protection visa application - where a delegate of the Minister refused the Protection visa application - where the applicant applied to the Refugee Review Tribunal (now the Administrative Appeals Tribunal) for a review of the delegate's decision - where the Administrative Appeals Tribunal decided to affirm the delegate's decision - where application for judicial review to the Federal Circuit Court brought significantly out of time - where application for judicial review to the Federal Circuit Court contained an application for extension of time - where primary judge refused the application to extend the time within which to bring the application for judicial review due to no proper explanation for delay and application itself was doomed to fail PRACTICE AND PROCEDURE - application for an extension of time and for leave to appeal from orders made by the Federal Circuit Court - where there has been a change in an application for extension of time within which to appeal from orders of the Federal Circuit Court to an application for an extension of time within which to seek leave to appeal - where application for leave to appeal is approximately 12 days out of time - consideration of the factors relevant to whether an extension of time ought to be granted - application of the two-limb test for leave to appeal enunciated in Decor Corporation Pty Ltd and Another v Dart Industries Inc (1991) 33 FCR 397 - whether there is sufficient doubt attending the primary judge's decision to refuse an adjournment to warrant a grant of leave to appeal - whether applicant would suffer substantial prejudice should leave to appeal be denied and the primary judge's decision stand - where extraordinary delay and lack of an arguable case

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    MIGRATION - where the appellant sought leave to raise a new ground of appeal, which was opposed by the Respondent - Where the appellant had made claims about the security situation in Lebanon generally - where the AAT's decision referred to a member's own experiences in Lebanon - Where it was claimed that the information about the member's own experience should have been dealt with in accordance with s 424A(1) of the Act - Whether proposed new ground has sufficient merits - Where the information was excluded from the operation of s 424A(1) by operation of s 424A(3) - Where the information was country information that concerned persons living in Lebanon

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    MIGRATION - application for extension of time to appeal from the decision to refuse relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Federal Circuit Court of Australia not to extend the time within which the applicants might apply for judicial review of a decision of the AAT - Where it was alleged that the AAT improperly considered evidence given orally at a hearing notwithstanding the AAT's inquisitorial role - Ability of AAT to acquire information relevant to its decision

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    CORPORATIONS - scheme of arrangement - second court hearing - application for approval

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    TAXATION - Residency of taxpayer - Whether resident according to ordinary concepts - Whether resident according to Domicile test - Meaning of "permanent place of abode" outside Australia - Whether rented accommodation for a temporary purpose was a "permanent place of abode"

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    ADMINISTRATIVE LAW - military compensation - appeal against decision of the Administrative Appeals Tribunal - whether a want of logicality in Tribunal's reasons - omission of a link in findings of fact as to why applicant ineligible for compensation because he did not suffer from the metal ailment claimed. Held - appeal allowed, decision of the Administrative Appeals Tribunal set aside. PRACTICE AND PROCEDURE - appeal against decision of the Administrative Appeals Tribunal - power of the Court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) to make prescriptive remitter order.

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    MIGRATION - Appeal from Federal Circuit Court ("FCCA") dismissing appellant's application for judicial review of a decision of the Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a skilled visa - Appellant claimed to have satisfied the visa criterion of having "competent English" by obtaining sufficient scores in an IELTS test conducted in India by the British Council - British Council later found that an imposter sat the IELTS test on behalf of the appellant and revoked the appellant's test scores on this basis - Visa application refused by a delegate of the Minister on the basis that the appellant did not demonstrate he had "competent English", and that the IELTS scores were a 'bogus document' such that the appellant had not satisfied PIC 4020 - Appellant not informed of British Council's investigation or of the outcome of that investigation until approximately 2 years later, at which point the records had been destroyed - whether the FCCA erred in failing to find that British Council acted in breach of procedural fairness - whether FCCA erred in failing to find that procedural fairness required the Minister to inform the appellant of the finding of the British Council.

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