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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - remittal to Administrative Appeals Tribunal - whether there should be order for remittal simpliciter - whether further evidence required on remittal

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    MIGRATION - appeal from Federal Circuit Court of Australia ("FCCA") decision to affirm Administrative Appeals Tribunal's decision to deny appellant protection visa - whether FCCA judge erred in failing to find Tribunal denied appellant procedural fairness - whether information relevant only as to credibility "information" within meaning of Migration Act 1958 (Cth) s 424A - whether Tribunal adjourned hearing such that no fresh s 425A notification required - appeal dismissed

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    MIGRATION - appeal from a decision of Federal Circuit Court of Australia - no appellable error identified in the decision below - appeal dismissed

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    PRACTICE AND PROCEDURE - application for interlocutory mandatory injunction - applicant a 30-year-old Somalian woman accepted as a refugee by Australia in 2014 - applicant subsequently granted a temporary settlement visa to live temporarily in Nauru - applicant able to leave and re-enter Nauru subject to visa requirements of destination countries - applicant approximately 12 weeks pregnant - applicant wishing to terminate her pregnancy on the ground that the pregnancy would be detrimental to her mental health - applicant requested an urgent transfer to a medical care facility where this may be safely and legally achieved in her particular circumstances - applicant underwent infibulation in Somalia, infibulation being known as female genital mutilation (FGM) - applicant with history of mental illness, her medical records disclosing a number of suicide attempts in 2014 and a recent decline in her mental health - whether hospital in Taiwan available for applicant's medical treatment - where medical evidence that a specific FGM clinic is necessary to fulfil applicant's specific surgical needs and for the applicant to be examined by a practitioner experienced with FGM to establish exactly the type of termination that would be appropriate

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    WORKERS' COMPENSATION - judicial review of decision of the Administrative Appeals Tribunal affirming reviewable decision that the applicant had no present entitlement to compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the Act) for his accepted condition of inguinal hernia and umbilical hernia related to the applicant's alleged injury at his workplace in July 2002 - where Tribunal, following Telstra Corporation Ltd v Hannaford [2006] FCAFC 87; 151 FCR 253, while not disturbing Comcare's liability under s 14 of the Act, was satisfied applicant did not suffer a workplace injury in July 2002 - Tribunal also concluded that it followed that any condition arising out of hernia repair surgery could not be an injury for the purposes of the Act - Tribunal stated that one qualification to its conclusion was that a claim for the hernia repair condition may have been successful, pursuant to s 4(3) of the Act, had the applicant made a separate claim under s 14 for that condition - whether Tribunal misconstrued s 4(3) of the Act - whether Tribunal erred in its conclusion that there was no claim before it in respect of the applicant's hernia repair condition - on Comcare's notice of contention, whether the Tribunal erred in concluding that the Tribunal's reassessment of the findings of fact on which the s 14 decision was made nevertheless preserved Comcare's liability to the applicant under s 14 - Held: application dismissed, with costs

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    PRACTICE AND PROCEDURE - application to amend pleadings - where adjourned hearing of complex litigation - where, consequent on the adjournment, case management for the filing and serving of evidence in relation to a particular new claim for breach of confidence - extent of the delay in applying for leave to amend - explanation for delay - prejudice that might be assumed to follow from the amendment, and that which is shown PRACTICE AND PROCEDURE - application for orders for discovery by categories - previous order for respondents to give standard discovery of documents - whether the categories presently requested are for documents that ought be discovered in accordance with the respondents' obligations under r 20.14 of the Federal Court Rules 2011 (Cth)

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    Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether requirements of s 115A satisfied - whether orders should be made

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    MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether leave should be granted to appellants to raise new ground of appeal not raised before the primary judge - whether the primary judge erred in failing to find that the Tribunal did not consider evidence that corroborated the first appellant's claims - appeal allowed.

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    MIGRATION - appeal from the Federal Circuit Court of Australia - skilled visa - where visa applicant nominated occupation of hairdresser - where visa applicant lodged assessment from Trades Recognition Australia that had been based on work reference letter from hairdressing salon in India - where Migration Review Tribunal concluded that the visa applicant failed to meet the requirements of Public Interest Criterion 4020 - where Tribunal found that the visa applicant was not employed as a hairdresser at the salon during the period claimed - where hearing before primary judge proceeded on the basis that the Tribunal had found that the visa applicant had not been employed at the salon at all - where the Minister sought to contend on appeal that the Tribunal had found that the visa applicant had not been employed as a hairdresser at the salon - whether leave should be granted to raise this contention on appeal - whether the primary judge erred in concluding that the Tribunal's decision was affected by jurisdictional error - appeal allowed

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    EXTRADITION - application for review under s 21 of the Extradition Act 1988 (Cth) - preliminary objection to jurisdiction of second respondent to make orders determining eligibility of applicant for surrender under s 19 - applicant argued immunity on basis of claimed relationship to contended international organisation - no basis for immunity established - objection dismissed

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    CORPORATIONS - scheme of arrangement - application for approval of scheme pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth).

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    CORPORATIONS - winding up - whether leave should be granted nunc pro tunc to allow voluntary winding up of a company - where there was knowledge of the proceedings seeking a Court appointed liquidator - s 490 of the Corporations Act 2001 (Cth) - application granted

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    STATUTES - Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) - where admitted contraventions by respondent of statute PRACTICE AND PROCEDURE - civil penalties - whether agreed penalty appropriate in circumstances

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    BANKRUPTCY AND INSOLVENCY - Insolvency proceedings concerning arrangements where companies subject to deeds of company arrangement and amounts owed to various creditors - Matter heard and adjudicated upon by way of preliminary question in respect of contract construction and answered in the affirmative - Interlocutory application filed for order pursuant to s 90-5, or alternatively s 90-10 of the Insolvency Practice Schedule - Whether appropriate to bring action by way of interlocutory process, rather than by way of new proceeding

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    BANRUPTCY AND INSOLVENCY - Uncontested application for replacement of appointed liquidator and trustee in bankruptcy - current liquidator and trustee in bankruptcy retiring for personal reasons from practice he is a director of -- other members of the practice to assume appointments currently held by the retiring director for remuneration on same terms as retiring director - resignation of trustee of certain bankrupt estates accepted - leave sought as the practice itself may be a creditor of the liquidated companies for a sum exceeding $5,000 for liquidation fees incurred

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    NATIVE TITLE - application for determination of native title under s 87 of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties

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    NATIVE TITLE - application for determination of native title under s 87 of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties

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    CORPORATIONS LAW - banking - financial services - failure to deal with financial products in an efficient and fair manner - attempts to manipulate the Bank Bill Swap Reference Rate by Prime Banks - unconscionable conduct - contravention of financial services laws - ss 12CB and 12CC of the Australian Securities and Investments Commission Act 2001 (Cth) BANKING AND FINANCIAL INSTITUTIONS -penalties - contravention of financial services laws -penalty imposed pursuant to s 12GBA of the Australian Securities and Investments Commission Act 2001 (Cth) - general and specific deterrence

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    BANKRUPTCY AND INSOLVENCY - request for aid in a matter of bankruptcy - where the respondent had been made bankrupt in New Zealand - where a letter of request from the High Court of New Zealand, requesting aid in relation to the bankruptcy, was filed in this Court - where the bankrupt was ordinarily resident in and had property in Australia - whether orders sought were within the power conferred by s 29 of the Bankruptcy Act 1966 (Cth) - orders made

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    COSTS – application for costs of application for preliminary discovery – where wide discretion in making costs orders pursuant to s 43(2) of Federal Court of Australia Act 1976 (Cth) to be exercised judicially – where each party enjoyed measure of success – each party to bear own costs of application – prospective applicant to pay prospective respondent’s costs of complying with preliminary discovery order

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