Articles on this Page
- 06/15/18--03:51: _AQR17 v Minister fo...
- 06/15/18--03:51: _Anderson v Assistan...
- 06/15/18--03:51: _AYL15 v Minister fo...
- 06/15/18--03:51: _The Bell Group Limi...
- 06/15/18--03:51: _Martin v Minister f...
- 06/17/18--19:08: _BPC16 v Minister fo...
- 06/17/18--19:08: _Perera v GetSwift L...
- 06/17/18--19:08: _CMQ16 v Minister fo...
- 06/17/18--19:08: _Dalian Huarui Heavy...
- 06/18/18--19:25: _Kugel (Liquidator) ...
- 06/18/18--19:25: _AYY17 v Minister fo...
- 06/18/18--19:25: _Bumbak, in the matt...
- 06/18/18--19:25: _Zafra Legal Pty Ltd...
- 06/18/18--19:25: _Caratti v Commissio...
- 06/18/18--19:25: _Wotton v State of Q...
- 06/18/18--19:25: _Beauglehole v The G...
- 06/18/18--19:25: _Greene v Assistant ...
- 06/18/18--19:25: _BJH17 v Minister fo...
- 06/18/18--19:25: _Kenquist Nominees P...
- 06/18/18--19:25: _AXM16 v Minister fo...
- 06/17/18--19:08: Perera v GetSwift Limited (No 2)  FCA 909
- 06/18/18--19:25: Zafra Legal Pty Ltd v Harris  FCA 908
- 06/18/18--19:25: Wotton v State of Queensland (No 10)  FCA 915
- 06/18/18--19:25: Beauglehole v The Griffin Coal Mining Company Pty Ltd  FCA 899
- 06/18/18--19:25: Greene v Assistant Minister for Home Affairs  FCA 919
- 06/18/18--19:25: Kenquist Nominees Pty Limited v Campbell (No 5)  FCA 853
MIGRATION - application for an extension of time and appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether the Immigration Assessment Authority failed to consider evidence - no jurisdictional error
MIGRATION - application for review of a migration decision under s 476A of the Migration Act 1958 (Cth) (the Act) - where the Minister made a decision under s 501(2) of the Act to cancel the applicant's absorbed person visa on the basis that he did not pass the character test due to having a substantial criminal record - where the Minister had made an earlier decision under s 501(3A) of the Act purporting to cancel the applicant's transitional (permanent) visa - whether the first cancellation decision had the effect of cancelling the absorbed person visa by operation of s 501F of the Act - whether the applicant held a transitional (permanent) visa in the first place - whether the first cancellation decision was a nullity - whether, in making the second cancellation decision, the applicant was denied procedural fairness - whether there had been a failure to take into account relevant considerations - whether the risk of reoffending was a mandatory relevant consideration - whether any irrelevant considerations were taken into account - whether using words like "privilege" and "expectations of the community" in the statement of reasons gave rise to jurisdictional error - whether Ministerial Directions under the Act were binding - whether the decision was illogical, irrational and unreasonable
Held: application dismissed
MIGRATION - appeal from a decision of the Federal Circuit Court concerning application for a protection visa - whether primary judge erred in failing to find jurisdictional error - whether proper to reject claim on the basis that it was not particularised - where notification had been given under s 438 of the Migration Act 1958 (Cth) - where Tribunal failed to inform the appellant of notification - where appellant not informed of the documents the subject of the notification - whether denial of procedural fairness - appellant not deprived of opportunity of a successful outcome
CORPORATIONS - deregistration under s 574 of the Corporations Law - where reinstatement of companies is sought pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - whether the plaintiffs were aggrieved by the deregistration of the companies - whether certain plaintiffs were aggrieved by virtue of their inability to join a tax consolidated group - whether, pursuant to s 601AH(2)(b), it is just to reinstate the companies to enable that possibility or for other reasons - scope of the power conferred under s 601AH(3)(d) of the Corporations Act 2001 (Cth)
MIGRATION - visa cancellation decision pursuant to s 501(2) of the Migration Act 1958 (Cth) - application for judicial review - whether Minister's decision affected by apprehended bias - whether the Minister applied a policy - whether the Minister failed to give proper, genuine and realistic consideration to the applicant's case - whether the Minister's decision was unreasonable or illogical - no jurisdictional error shown - application dismissed
MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of a decision of the Immigration Assessment Authority - where IAA affirmed a decision of a delegate of the First Respondent refusing to grant the appellant a protection visa - where appellant seeks to advance grounds not pursued before primary judge - whether s 424 of the Migration Act 1958 (Cth) applies to a review conducted by the IAA - whether IAA erred in declining to consider evidence and submissions made by the appellant's representative - whether the IAA erred in its application of s 36(2) of the Act - whether IAA gave sufficient consideration to the evidence in support of the appellant's claims - whether primary judge "considered the effect" of s 473GB - whether IAA misconstrued s 473DD - leave granted to rely on grounds not advanced before primary judge - appeal dismissed
COSTS - resolution of costs applications following orders made to permanently stay two of three representative proceedings - where orders for costs sought by respondents in respect of the resolution of a multiplicity dispute - where orders are sought by an applicant in one proceeding against a non-party to that proceeding - where orders sought in respect of the successful representative party's application for injunctive relief against an unsuccessful representative applicant
REPRESENTATIVE PROCEEDINGS - power to award costs against group members - proper construction of s 43(1A) of the Federal Court of Australia Act 1976 (Cth)
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
COSTS - where leave granted to discontinue proceeding - dispute concerning costs - where respondent contends applicant should pay its costs - where Rule 26.12(7) of the Federal Court Rules 2011 (Cth) creates a presumption that the discontinuing party will pay the other party's costs unless good reason to the contrary shown - where presumptive rule not displaced on facts and contentions presented - applicant to pay respondent's costs
CORPORATIONS - where a liquidator seeks an order pursuant to s 57(1) of the Federal Court of Australia Act 1976 (Cth) appointing him receiver and manager of the property of a trust - application allowed.
MIGRATION - application for a protection visa - where the IAA affirmed a decision of the delegate of the Minister not to grant the appellant a Safe Haven Enterprise Visa - where a Judge of the Federal Circuit Court of Australia dismissed the application for judicial review - whether the primary Judge erred in concluding that the IAA did not fall into jurisdictional error by failing to consider a claim or issue contended by the appellant, to have arisen on the material - the scope of the IAA's obligation to consider a claim or issue which "clearly emerges" from its findings - whether "claims" are distinguishable from "issues" - appeal dismissed
CORPORATIONS - application for appointment of new liquidator upon resignation of existing liquidator - where change in partnership by liquidator - where appointment of new liquidator sought to facilitate ongoing administration of liquidation by staff familiar with relevant affairs - where issues as to supervision of liquidation under a power of attorney were raised by ASIC - order sought pursuant to s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) - application granted - liberty to creditors to apply to vary orders made - costs not to be borne by companies affected by orders
CORPORATIONS - interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) - application for orders for delivery up or possession of hard drives held by applicant - where hard drives contained electronic copies of documents seized under search warrant executed by the Australian Federal Police (AFP) - where AFP subsequently seized hard drives from applicant - whether third respondent requested copies of the documents on his own behalf or on behalf of relevant companies - whether his request was unlawful - whether the companies have a right to recover possession of or otherwise have a right to demand delivery up to them of the hard drives or electronic files - where the request made under section 3N of the Crimes Act 1914 (Cth) was made on behalf of the third respondent personally and the relevant companies - where the request was not unlawful - where the companies are entitled to demand the delivery up of the hard drive or electronic files but not to the exclusion of the third respondent's right to possession
CRIMINAL LAW - application for injunction against Commissioner of the Australian Federal Police (AFP) to restrain the AFP from providing documents to relevant liquidators and companies - further interlocutory applications seeking to restrain liquidators and companies from inspecting documents and to deliver up any such documents to the applicant - where liquidators and companies made requests to the AFP for copies of documents seized under search warrants executed by the AFP - requests made under section 3N of the Crimes Act 1914 (Cth) - whether applicant has standing to bring injunctions - where applicant does not have a sufficient interest in the subject matter of the proceeding - construction of "occupier" in s 3N - whether the construction of "occupier" is such that the companies are entitled to receive copies of the seized documents - where "occupier" is not limited to exclude a body corporate - declarations made that companies were "occupiers" at relevant times and their s 3N requests are valid - injunction application dismissed
REPRESENTATIVE PROCEEDINGS - approval of settlement - where liability for breaches of Racial Discrimination Act already established - where proposed settlement in upper range of likely recovery - where apology by respondent of substantial benefit to applicants - settlement approved
INDUSTRIAL LAW - determination of a separate question - construction of clause 21.1 of the Black Coal Mining Industry Award 2010 - payment of ordinary hours and overtime in a roster cycle - where ordinary hours of work must average 35 hours per week - where hours are averaged over the roster cycle - whether the Award requires ordinary hours to be divided evenly among the shifts in a roster cycle - whether proposed construction would give the words meaning they do not bear and effectively read words into the Award - where words are given ordinary meaning - where the textual, historical and legislative context confirms the ordinary meaning - where the employer sets the roster and may arrange ordinary hours of work and overtime in a roster - separate question answered "no"
MIGRATION - substantive criminal history - application for revocation of visa cancellation decision by Assistant Minister for Home Affairs - allegation of jurisdictional error - whether the decision was unreasonable - decision in keeping within discretion of the Minister. Held - appeal dismissed.
MIGRATION - appeal from decision of the Federal Circuit Court - whether there was jurisdictional error - new grounds of appeal raised in written submissions - interest of justice allows for amended grounds of appeal - s 473DD Migration Act 1958 (Cth) - whether an exceptional circumstance. Held - appeal dismissed.
PRACTICE AND PROCEDURE - application for discovery of documents - legal advice privilege - where non-party to proceeding resisted order requiring respondents to produce discovered documents on the basis that discovery would reveal communications subject to legal advice privilege - where confidential bundle of sample documents provided to Court for examination - whether sample documents privileged
PRACTICE AND PROCEDURE - waiver of legal advice privilege - whether privilege attaching to sample documents waived by limited disclosure to third party
MIGRATION - appeal from a judgment of the Federal Circuit Court dismissing an application for judicial review - whether Administrative Appeals Tribunal failed to consider integer of appellant's claim