CONTRACTS - whether primary judge erred in finding no objective intention to enter into enforceable contract, as per test in Ermogenous v Greek Orthodox Community of South Australia Inc [2002] HCA 8; 209 CLR 95 - whether primary judge erred in finding that contract, if formed, was subject to condition disentitling appellant to termination payment - whether, in the alternative, if condition did exist, primary judge erred in finding appellant in breach of condition - whether evidence suggested intention to enter into binding contract or merely invitation to treat - held: error on part of primary judge established in relation to contract formation and existence of condition - held: valid and binding contract existed which respondent has breached - held: no condition disentitling appellant to termination payment existed - obiter: even if condition had existed, there would have been no breach.
PRACTICE AND PROCEDURE - where primary judge failed to give sufficient reasons - where primary judge relied upon evidence that did not exist, failed to have regard to important existing evidence, made adverse findings of credit and unavailable inferences - consequences of inappropriate use of ex tempore judgment delivery, including shifting primary judicial function to appeal court on rehearing and increasing delay in final resolution of dispute
Symons v White (Sydney Catholic Schools) [2018] FCA 949
↧
↧
Gittins v Field (Trustee) [2018] FCA 976
BANKRUPTCY - bankrupt in receipt of income in the nature of monthly payments under an income protection policy - whether payments are income for the purposes of Div 4B of Pt VI of the Bankruptcy Act 1966 (Cth) - whether bankrupt liable to pay a contribution to his bankrupt estate calculated by reference to the amount of the payments - whether application of income contribution scheme impliedly excluded or modified by reason of the payments being in the nature of compensation for personal injury
↧
Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 984
REPRESENTATIVE PROCEEDING the extent a respondent may make settlement offers and communicate directly to group members whether notice of such offers and communications should be given in advance to applicants solicitors scope of the power conferred by s 33ZF(1) of the Federal Court of Australia Act 1976 (Cth) Applicants solicitors made public statements concerning the proceeding statements inaccurate effect of statements whether publication of a correction notice is necessary.
↧
AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103
MIGRATION - appeal from Federal Circuit Court - appellant sought to call two witnesses to give oral evidence by telephone before the Tribunal - whether Tribunal failed to give real and genuine consideration to the appellant's request - whether Tribunal's exercise of power in refusing the appellant's request was legally unreasonable - appeal dismissed
↧
Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako (No 7) [2018] FCA 975
PRACTICE AND PROCEDURE - application for costs to be awarded on an indemnity basis - relief on an application refused on discretionary grounds having regard to equitable foundation of relief sought - application for relief legally wrong-footed in any event - where liability of a legal practitioner to indemnify client in respect of an order for costs thrown away twice challenged unsuccessfully - where original order imposing liability would be undermined if party and party costs ordered - application allowed
↧
↧
ARN17 v Minister for Immigration and Border Protection [2018] FCA 974
MIGRATION - application for extension of time - inadequate explanation for part of delay - proposed appeal without merit.
PRACTICE AND PROCEDURE - delay in commencing appeal - documents prepared by lawyer not frankly stating facts relevant to the adequacy of the applicant's explanation for the delay - direct access counsel - reasonable expectations of non-English speaking litigant as to terms of retainer with barrister - disruption to court's processes by late briefing of alternate direct access counsel, late application to amend and late preparation of written submissions
↧
AOL15 v Minister for Immigration and Border Protection [2018] FCA 979
MIGRATION - protection visa - whether visa applicant made claim to fear persecution for particular Convention reason - whether claim squarely arose on material upon which applicant relied - argument advanced on appeal not raised in proceedings for judicial review - leave to introduce new argument refused
↧
Tupai v Minister for Home Affairs [2018] FCA 986
ADMINISTRATIVE LAW - consideration of an application for the issue of the constitutional writs to quash a decision of the Minister for Home Affairs and Minister for Immigration and Border Protection on the ground of jurisdictional error in addressing the question of whether a discretionary power conferred under s 501CA(4) of the Migration Act 1958 (Cth) was enlivened having regard to the considerations recited in s 501CA(4)(b)(i) and (ii) of the Act
↧
Tomvald v Toll Transport Pty Ltd [2018] FCA 969
INDUSTRIAL LAW - interlocutory application to strike out pleadings or, alternatively, dismiss the proceedings - whether this proceeding seeks to litigate matters that were or should have been determined in related prior proceeding - whether this proceeding gives rise to res judicata, issue estoppel or abuse of process - where applicant alleges breaches of enterprise agreement and adverse action by employer in substantive proceeding, alleged to be based on facts subsequent in time to determination of prior proceeding - meaning of "like for like" in conversion from casual employment to permanent full-time employment - held: application to strike out pleadings granted in relation to one aspect of claim for seeking to litigate previously determined matter, denied in relation to three remaining aspects of claim
↧
↧
Blow Bar Co Pty Limited v McGann (No 3) [2018] FCA 980
PRACTICE AND PROCEDURE - interlocutory application for summary judgment in respect of the following causes of action: passing off; misleading and deceptive conduct; unconscionable conduct and breach of a confidentiality agreement - in the alternative, interlocutory application to strike out paragraphs of the amended statement of claim on the basis that those paragraphs failed to state the material facts on which the applicants relied
↧
Singha v Minister for Home Affairs [2018] FCA 999
MIGRATION - application for s 39B relief in relation to a decision of the Federal Circuit Court of Australia - where the Administrative Appeals Tribunal affirmed a decision of the delegate to refuse the applicant's medical treatment visa application on the basis that the applicant failed to satisfy the requirements in cl 602.213(5) of Schedule 2 and cl 3001 of Schedule 3 to the Migration Regulations 1994 (Cth) - where the Federal Circuit Court dismissed an application for reinstatement of proceedings - whether applicant was denied procedural fairness in the Federal Circuit Court - whether jurisdictional error or non-jurisdictional error on the face of the record
↧
Printing Industry Association of Australia v Jurkin [2018] FCA 1001
PRACTICE AND PROCEDURE - appeal from decision of Federal Circuit Court of Australia - whether denial of procedural fairness - where primary judge ordered employer to pay sums by way of unpaid sales commission allegedly owed to previous employee - where employer sought to adduce evidence to contest liability - where primary judge denied employer opportunity to adduce evidence or make submissions - where employer represented by industrial relations manager - appeal allowed
↧
BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104
MIGRATION - protection visas - appeal from the decision of the Federal Circuit Court to dismiss an application for review of the decision of the Administrative Appeals Tribunal not to grant the Appellant a protection visa - whether the Tribunal failed to comply with a Ministerial direction - whether Tribunal reasons expose adequate consideration of the Ministerial direction - consideration of the purpose of Ministerial directions - whether the Tribunal should have invited the Appellant to comment on certain material
↧
↧
BZAFB v Minister for Immigration and Border Protection [2018] FCA 995
MIGRATION - protection visas - appeal from a decision of the Federal Circuit Court dismissing an application for review of a decision of the Administrative Appeals Tribunal not to grant a protection visa - whether Tribunal failed to consider an integer of the Appellant's claim - where argument not raised in the Federal Circuit Court - whether leave should be granted to raise new argument on appeal - whether Tribunal failed to put new information to the Appellant - where Appellant may face poor prison conditions if returned to Sri Lanka - where Tribunal found that the chance of the Appellant facing a term of imprisonment was remote - whether poor prison conditions constitute serious or significant harm
↧
Ali v Minister for Immigration and Border Protection [2018] FCA 998
MIGRATION judicial review refusal of a Student (Class TU subclass 572) visa appellant found not to be a genuine student by the Administrative Appeals Tribunal and on appeal to the Federal Circuit Court whether the Tribunal erred in its determination as to the genuineness of the appellant as a student considered no jurisdictional error appeal dismissed
↧
Kitoko v University of Technology Sydney [2018] FCA 1004
↧
Brar v Minister for Home Affairs [2018] FCA 1006
MIGRATION - application for extension of time in which to review a decision of the respondent's delegate - where delegate of respondent refused to grant visa to applicant - where applicant's right of review prescribed by statute - application dismissed for want of jurisdiction
↧
↧
Singtel Optus Pty Limited v Optum Inc (No. 2)[2018] FCA 963
TRADE MARKS - Non-use of trade mark in respect of services - application for removal of trade mark in respect of those services for non-use - whether the Court should exercise its discretion under s 101(3) of the Trade Marks Act not to remove trade mark
TRADE MARKS - whether scope of services should be narrowed - use of trade mark in respect of services established
COSTS - Court's discretion to award costs - whether costs should be apportioned and if so, in what amount
↧
Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 2) [2018] FCA 1003
CORPORATIONS - application by deed administrators for an order that a Deed of Company Arrangement (DOCA) be varied under s 447A of the Corporations Act 2001 (Cth) - consideration of s 447A of the Corporations Act - consideration of factors to be taken into account when making a variation to a DOCA under s 447A(1) of the Corporations Act - whether proposed variation to the DOCA is in the interests of creditors - where not necessary to return the DOCA to creditors for consideration under s 445A of the Corporations Act
PRACTICE AND PROCEDURE - application for an order to the effect that the proceeding proceed on pleadings - where proceeding commenced by an Originating process and affidavits filed in support of the relief claimed - where relief includes relief under the Corporations Act - operation of r 2.4 of the Federal Court (Corporations) Rules 2000 (Cth) - consideration of the purposes of pleadings - whether a Points of Claim constitutes a pleading - proper case management and the need for clear identification of issues - application granted
↧
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Walz Group Pty Ltd [2018] FCA 923
EMPLOYMENT AND INDUSTRIAL RELATIONS - whether there was a contravention of the Fair Work Act 2009 (Cth) - whether there was a contravention of a consultation clause - 'greenfield agreement' - contravention of industrial agreement - nature and scope of works. Held - contravention of Fair Work Act 2009 (Cth) - declarations accordingly.
↧
More Pages to Explore .....
