PRACTICE AND PROCEDURE - application for separate questions - where proposed separate questions concern geographical scope of claims under Fair Work Act 2009 (Cth)
PRACTICE AND PROCEDURE - request for particulars - whether proper request for particulars
PRACTICE AND PROCEDURE - notice to set aside notice to produce - whether legitimate forensic purpose - whether notices drawn too broadly
Woodsford v Range International Limited [2018] FCA 1007
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Hutchison v Australian Securities and Investments Commission [2018] FCA 1002
ADMINISTRATIVE LAW - Appeal from decision of Administrative Appeals Tribunal - whether a decision to decline to require production of documents under s 37(2) of the Administrative Appeals Tribunal Act 1975 (Cth) is a decision within the meaning of s 44(1) - whether decision determinative - whether proposed appeal incompetent
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Quall v Northern Land Council [2018] FCA 989
NATIVE TITLE - application for review of a representative body's decision to certify an application for registration of an Indigenous Land Use Agreement under s 203BE of the Native Title Act 1993 (Cth) (the NTA) - the history of amendments to the functions of representative bodies under the NTA - whether the certification function under s 203BE(1)(b) of the NTA is delegable - whether the power in s 203BK of the NTA operated to allow a valid delegation of the certification function - whether this certification function had been validly delegated in circumstances where the delegation occurred before the certification function came into existence - whether a certification was a valid certification for the purposes of s 24CG(3)(a) of the NTA
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Rafidi v Commonwealth Bank of Australia [2018] FCA 1005
PRACTICE AND PROCEDURE - interlocutory application - application for leave to amend an application to set aside a bankruptcy notice - circumstances in which the Court may go behind a judgment on an application to set aside a bankruptcy notice - whether the Court must satisfy itself that the debt on which the creditor proceeds is a just and proper debt - distinction made between proceedings involving a creditor's petition and the making of a sequestration order under s 52 of the Bankruptcy Act - where the amendments raise a cross-claim within s 40(1)(g) of the Bankruptcy Act - where the bankruptcy notice is issued as a result of consent orders - application refused
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Pilato (Liquidator), in the matter of Energy Services Invironmental Pty Ltd (In Liq) [2018] FCA 987
CORPORATIONS - consideration of an application under s 588FF(3) for an extension of time within which to bring an application under s 588FF(1) of the Corporations Act 2001 (Cth)
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Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993
TRADE MARKS appeal from decision of Registrar of Trade Marks in opposition proceedings colour mark whether the mark applied for is capable of distinguishing the designated goods
TRADE MARKS colour mark disconformity between the colour of the representation of the mark and the description of the mark provided pursuant to reg 4.3(7) of the Trade Marks Regulations 1995 (Cth) whether the trade mark application can be amended in reliance on s 65 of the Trade Marks Act 1995 (Cth) to replace the representation of the mark discussion of the powers of the Court to amend a trade mark application in an appeal in opposition proceedings
PRACTICE AND PROCEDURE whether leave should be granted to the appellant to file a further amended notice of appeal seeking to amend the trade mark application in reliance on s 65A of the Trade Marks Act 1995 (Cth)
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Irons v Nev House Pty Limited [2018] FCA 1010
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Geneva Laboratories Ltd v Pharmacy Depot Hurstville Pty Ltd (No 2) [2018] FCA 1015
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eify Pty Ltd v 3D Safety Services Pty Ltd [2018] FCA 1017
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CSN15 v Minister for Immigration and Border Protection [2018] FCA 985
MIGRATION - Consideration of five grounds of appeal raising contentions of jurisdictional error on the part of the Administrative Appeals Tribunal not relied upon by the appellant before the Federal Circuit Court of Australia - consideration of each new ground - consideration of whether the Tribunal applied the correct tests required by s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth) - consideration of whether the Tribunal ought to have considered the individual claims cumulatively - consideration of whether the Tribunal failed to address one or more integers of the claims- consideration of leave to rely on further affidavit evidence
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Commonwealth of Australia v Jones [2018] FCA 1008
EDUCATION - where the respondent fabricated three certificates purporting to be bona fide vocational education and training qualifications for his own financial benefit - where the parties reached an agreement as to relief in respect of the three contraventions under s 125 of the National Vocational Education and Training Regulator Act 2011 (Cth) (NVETR Act), including the appropriate range of penalties to impose under s 137 of the NVETR Act - where the respondent cooperated with the applicant upon the commencement of this proceeding
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Somba v Minister for Home Affairs [2018] FCA 1022
MIGRATION - where applicant applied to Administrative Appeals Tribunal for review of a revocation decision made by a delegate of the Minister for Home Affairs under s 501CA(4) of the Migration Act 1958 (Cth) - where Tribunal dismissed the application for review in the applicant's absence pursuant to s 42A(2) of the Administrative Appeals Tribunal Act 1975 (Cth) - where Tribunal dismissed a subsequent application for reinstatement under s 42A(9) of the AAT Act
MIGRATION - application for order preventing removal from Australia - whether balance of convenience favours injunctive relief being granted - whether serious question to be tried - question as to the operation of s 500(6L) of the Migration Act
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Gargan, in the matter of Gargan [2018] FCA 871
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Duncan, in the matter of Goldus Pty Ltd (Subject to Deed of Company Arrangement) [2018] FCA 1025
CORPORATIONS - application for leave to transfer shares pursuant to s 444GA of the Corporations Act 2001 (Cth) - leave granted.
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Morris v IMF Bentham Limited [2018] FCA 1009
PRACTICE AND PROCEDURE - application for summary judgment pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) - whether applicant had reasonable prospects of successfully prosecuting claim based on tort of deceit - where applicant has no standing to prosecute proceedings - where causes of action remain vested in applicant's trustee in bankruptcy pursuant to s 58(1) of the Bankruptcy Act 1966 (Cth) - where claim concerning personal reputational loss not severable and distinct from case of financial or property loss - where deregistered companies proper plaintiffs - where leave of the Court to bring proceedings in name of company not sought - where loss not suffered by applicant personally - where claims statute-barred - where claims based on tort of deceit have no prospects of success - summary dismissal entered in favour of respondents
PRACTICE AND PROCEDURE - alternative application to strike out statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) - where claim not adequately pleaded - where certain claims discontinued or withdrawn - where appropriate to strike out parts of claim if summary dismissal not ordered
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Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited [2018] FCA 1020
CORPORATIONS - winding up - winding up in insolvency - where s 459G application dismissed- where company did not oppose but did not consent to being wound-up - company wound up - liquidator appointed
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Maioha v Minister for Immigration and Border Protection [2018] FCA 1016
MIGRATION - where applicant's visa revoked under s 501(3A), Migration Act 1958 (Cth) - where applicant sought revocation of cancellation decision under s 501CA, Migration Act 1958 (Cth) - where applicant made representations that she would have nowhere to live and no money - where representation made against a complex background of disadvantage - whether the Minister implicitly found that the applicant's representations were not material - where the information was critical and relevant to the applicant's case - whether the Minister fell into jurisdictional error by failing to give a proper, genuine, and realistic consideration to the representations - whether it was sufficient for the Minister merely to assume (if in fact he did) as a broad proposition that the applicant would have equivalent access to government benefits if returned to New Zealand - decision in Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296 distinguished - application allowed
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AHK16 v Minister for Immigration and Border Protection [2018] FCAFC 106
MIGRATION - appeal from Federal Circuit Court - whether safe, reasonable and practicable for appellant to relocate within Pakistan - reasonableness of relocation - whether Tribunal failed to consider whether appellant's mental health conditions would be exacerbated - whether Tribunal failed to consider impact of generalised violence in Pakistan on appellant's mental health conditions - appeal dismissed
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HSKJ v Minister for Immigration and Border Protection [2018] FCA 1013
MIGRATION - application to review decision of Administrative Appeals Tribunal - mandatory cancellation of visa by delegate under s 501CA of the Migration Act 1958 (Cth) - whether jurisdictional error in Tribunal treating some considerations under Direction 65 as secondary considerations - matter remitted
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Graham v Minister for Immigration and Border Protection [2018] FCA 1012
MIGRATION - application for judicial review of a decision that the applicant's detention under ss 189 and 196 of the Migration Act 1958 (Cth) continue at the Goulburn Correctional Centre - where the applicant's Class TY (Subclass 444) Special Category (Temporary) visa was cancelled on character grounds pursuant to s 501(3)(b) of the Act - where the applicant was taken into detention in Tasmania - where the applicant was subsequently transferred to and detained at the Goulburn Correctional Centre in New South Wales - where the applicant wished to be detained in Tasmania in order to be close to his family - whether the decision-maker erred in misconstruing ss 189 and 196 of the Act - whether the decision-maker denied the applicant procedural fairness - whether the decision was legally unreasonable
STATUTORY INTERPRETATION - whether the Migration Act 1958 (Cth) imposes an implied duty upon managers of places of "immigration detention" or "officers", as defined under that Act, to accept into custody an unlawful non-citizen at the request of the officer in whose company that person is detained - consideration of the principle that, as a matter of statutory construction, a court should not readily conclude that one polity in a federation is to be taken to be legislating with respect to officers of a different polity
ADMINISTRATIVE LAW - whether the implied power in the Migration Act 1958 (Cth) to transfer, or not to transfer, a detainee between places of immigration detention is conditioned by a duty to accord that detainee procedural fairness
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