Judgments RSS

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)

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.

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.

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

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

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

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

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.

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

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

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

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

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

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