Are you the publisher? Claim or contact us about this channel


Embed this content in your HTML

Search

Report adult content:

click to rate:

Account: (login)

More Channels


Showcase


Channel Catalog


Channel Description:

Lastest Judgments from the Federal Court

older | 1 | .... | 230 | 231 | (Page 232) | 233 | 234 | .... | 304 | newer

    0 0

    MIGRATION - where protection visa denied by delegate - whether open to appellant to relocate to Nepal - appellant an Indian citizen - application of test under s 36(3) of the Migration Act 1958 (Cth)

    0 0

    PRACTICE AND PROCEDURE - application for leave to amend statement of claim - where some of the proposed amendments are based on a recent court decision - where some of the proposed amendments relied on factual matters which arose after the commencement of the proceeding - whether respondent would be prejudiced if leave was granted - whether proposed amended statement of claim is embarrassing - whether leave should be granted - application allowed in part. PRACTICE AND PROCEDURE - application for a stay of this proceeding until costs of an earlier proceeding are paid - where different applicants and different relief is sought in each proceeding - whether current proceeding is brought on the basis of the same, or substantially the same, cause of action on which the earlier proceeding was based - application allowed.

    0 0


    0 0


    0 0

    TRUSTS AND TRUSTEES - application for orders by a liquidator and manager and receiver - application of Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 - orders made.

    0 0


    0 0

    PRACTICE AND PROCEDURE - patents - interlocutory application - injunction - prima facie case - validity of patents - inventive step - balance of convenience - application granted

    0 0


    0 0

    MIGRATION - litigation representative - whether advised as to personal liability for costs

    0 0

    ADMIRALTY - vessel under arrest - claim in rem pursuant to s 4(2)(a)(i) and (ii) Admiralty Act 1988 (Cth) - cross border insolvency PRACTICE AND PROCEDURE - interlocutory applications - adjournment application made immediately prior to trial - delay - prejudice to parties, other litigants and administration of justice if application grante

    0 0

    MIGRATION - appeal from the Federal Circuit Court of Australia - where primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister refusing the appellant's visa application - where appellant seeks to advance grounds of appeal not agitated before primary judge - whether interpretation of Tribunal hearings was so inadequate to constitute a failure to provide the appellant with a hearing as required by s 425 of the Migration Act 1958 (Cth) - where Tribunal made adverse credibility findings on the basis of the lack of detail in Appellant's evidence - leave to rely on new grounds granted - appeal allowed

    0 0

    CORPORATIONS – winding up application – whether the plaintiffs have standing to seek the winding up of the company – whether the plaintiffs are contributories under the definition in s 9 of the Corporations Act 2001 (Cth) – where the plaintiffs are registered holders of shares – where the plaintiffs should be permitted to seek standing in the substantive winding up proceedings. PRACTICE AND PROCEDURE – application for leave to appeal – application for stay of proceedings – where the primary judge dismissed an application for summary judgment – where the primary judge's decision is not attended with sufficient doubt to warrant the grant of leave to appeal – where no substantial justice would be wrought – held: leave to appeal refused.

    0 0

    CORPORATIONS - external administration - voluntary administration - where company was a trading trust - whether administrators ought to be appointed as receivers of trust assets - administrators wish to effect sale of business as a going concern - whether appointment will interfere with proposed application for winding up

    0 0


    0 0


    0 0


    0 0

    MIGRATION - application for extension of time in which to file notice of appeal from Federal Circuit Court of Australia judgment - application denied as proposed appeal lacking in merit

    0 0

    MIGRATION - the Tribunal was not satisfied that the appellant and sponsor were in a de facto relationship - whether legal unreasonableness - evident and intelligent justification - danger of adopting rigid definitional formulae - significance of relationship certificate - family violence provisions - whether Tribunal's conclusion was open to it on the evidence provided

    0 0

    MIGRATION - Protection Visa - adverse credibility findings made against appellant based on inconsistency and implausibility - no weight given to witness statements -Tribunal did not receive oral evidence from witnesses - whether approach to credibility findings and witness statements open - whether Tribunal failed to consider holistically the evidence before it

    0 0

    MIGRATION - where application for review to Administrative Appeals Tribunal lodged more than 28 days after applicant taken to be notified of delegate's decision - where Tribunal had no discretion to extend time - where Tribunal lacked jurisdiction to entertain the application - where no evidence Department misled applicant- where no arguable breach of procedural fairness by reason of failure to disclose non-disclosure certificate pursuant to s 438(1)(a) Migration Act 1958 - application for leave to appeal from the Federal Circuit Court dismissed

older | 1 | .... | 230 | 231 | (Page 232) | 233 | 234 | .... | 304 | newer