PRACTICE AND PROCEDURE - application for urgent interlocutory injunction to remove the applicant from Papua New Guinea in order to receive appropriate paediatric healthcare treatment - application brought on behalf of two year old girl suffering from herpes encephalitis - duty of care to provide adequate healthcare accepted by respondents - initial recommendation for medical evacuation to Australia - subsequent request by Australian Border Force to transfer to Papua New Guinea - medical evidence that standard of care requires MRI brain scan and electroencephalogram without delay - capability for these tests not presently available in Papua New Guinean hospital - whether serious question to be tried that adequate healthcare requires transfer of child to Australia - balance of convenience accepted to lie with the applicant - injunction granted requiring urgent transfer of child to Australia to undergo recommended tests and receive ongoing monitoring from paediatric neurologist.
DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050
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Travelex Limited v Commissioner of Taxation [2018] FCA 1051
TAXATION determination of period of interest for RBA surplus pursuant to s 12AD of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) ascertainment of RBA interest day as defined in s 12AF of the Overpayments Act whether taxpayer had given the Commissioner of Taxation a notification which was required for the refund under s 8AAZLG of the Taxation Administration Act 1953 (Cth) (Administration Act) whether the taxpayer was required by s 31-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) to give the Commissioner of Taxation an amended or revised GST return whether the administrative practice of the Commissioner of Taxation of accepting or processing amended or revised GST returns has a legal or statutory basis held that the taxpayer was not required by any provision in the GST Act or Administration Act to amend or revise its GST return
STATUTORY INTERPRETATION interpretation of the expression RBA interest day as defined in paragraph (b) s 12AF of the Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) whether the taxpayer was required to give a notification of the refund to the Commissioner under s 8AAZLG of the Taxation Administration Act 1953 (Cth) whether an entity is required by s 31-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) to amend or request an amendment of a GST return if the original GST return was inaccurate whether a requirement to amend, or request an amendment, of a GST return is implicit in the statutory scheme in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
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Nasr v Dixon (Trustee), in the matter of Nasr (Bankrupt) [2018] FCA 1039
BANKRUPTCY AND INSOLVENCY - where applicant (a bankrupt) seeks orders requiring joint trustees in bankruptcy to consent to applicant travelling overseas - where trustees refuse consent and oppose applicant leaving Australia - whether Court should direct trustees to give consent, and if so, on what terms
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Wileypark Pty Ltd v AMP Limited [2018] FCA 1052
REPRESENTATIVE PROCEEDINGS - competing class actions - applications made to transfer four class actions to Supreme Court of New South Wales - case management orders made and hearing date fixed by docket judge in accordance with Practice Note to allow for the hearing of transfer applications in the Federal Court - subsequent applications made in the state court heard and determined in advance of existing listing in the Federal Court - potential anti-suit injunction would prevent compliance with existing orders of the Federal Court and the docket judge receiving submissions from interested applicant parties on the exercise of his discretion to transfer - directions made to inform the Court as to whether applicants in the Federal Court proceedings propose to bring an application to preserve the status quo so as to facilitate the hearing of any such applications potentially by a Full Court in the original jurisdiction
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Mason v John Holland Pty Ltd [2018] FCA 1046
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Okewood Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 1035
PRACTICE AND PROCEDURE - case management - where warrants executed and documents and devices seized - where parties agreed data reduction process to reduce number of documents but breakdown in facilitation - where access to documents deferred to protect claims of legal professional privilege - directions made to break stalemate and facilitate continuation of data reduction process
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Hyundai Engineering & Steel Industries Co Ltd v Alfasi Steel Constructions (NSW) Pty Ltd [2018] FCA 1054
ARBITRATION - international arbitration - where award creditor brought proceedings to enforce award obtained in Singapore - whether proceeding brought by award creditor to enforce foreign award should be adjourned - where award debtor seeks to set aside the award in part in the High Court of the Republic of Singapore - application of s 8(8) of the International Arbitration Act 1974 (Cth) - adjournment granted on condition that award debtor provide security for full amount of the award plus interest
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Kraft Foods Group Brands LLC v Bega Cheese Limited (No 4) [2018] FCA 1055
PRACTICE AND PROCEDURE - request by party to issue a subpoena against a non-party foreign corporation - request refused - Sabre order made
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Sirtex Medical Limited, in the matter of Sirtex Medical Limited [2018] FCA 1048
CORPORATIONS - application under s 1319 of the Corporations Act 2001 (Cth) to cancel a meeting of shareholders convened pursuant to s 411(1) of the Corporations Act - board of target company approved superior proposal and terminated scheme implementation deed - application granted
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Ingram, in the matter of 5Star Sinai Limited (administrators appointed) (No 2) [2018] FCA 1047
PRACTICE AND PROCEDURE - informal application to vary judgment pursuant to r 39.05(c) of the Federal Court Rules 2011 (Cth) - whether interveners under r 2.13 of the Federal Court (Corporations) Rules 2000 were entitled to their costs to be paid as costs of the administration - whether consent of administrators was considered - application dismissed
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CBA16 v Minister for Immigration and Border Protection [2018] FCA 1043
MIGRATION - appeal from a Federal Circuit Court of Australia decision dismissing the appellant's application for judicial review - where Immigration Assessment Authority affirmed the decision of a delegate not to grant a protection visa - whether alleged interpretation errors put to the Immigration Assessment Authority was information to be considered pursuant to s 473DC and s 473DD of the Migration Act 1958 (Cth) - appeal dismissed.
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Kraft Foods Group Brands LLC v Bega Cheese Limited (No 5) [2018] FCA 1056
DISCOVERY - where respondent resists application for discovery of numerous documents - whether documents are relevant to issues in dispute - where some categories request extrinsic material relating to contracts - where some categories only tangentially related to issues in dispute
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Perese v Minister for Immigration and Border Protection [2018] FCA 1049
PRACTICE AND PROCEDURE application to dismiss a matter pursuant to ss 20(5)(c) and (d) of the Federal Court of Australia Act 1976 (Cth) applicant failed to comply with orders of the Court and attend case management hearings application granted
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Australian Competition and Consumer Commission v Servcorp Limited [2018] FCA 1044
CONSUMER LAW - unfair contract terms - where the parties are agreed that the relevant contracts were standard form contracts within the meaning of s 27 of the Australian Consumer Law, being Sch 2 to the Competition and Consumer Act 2010 (Cth) (ACL) and small business contracts within the meaning of s 23(4) of the ACL - where the parties are agreed that the contracts contained terms which created a significant imbalance in the parties' rights and obligations in favour of the second and third respondents and would cause detriment to the small business client if relied on by the second and third respondents - where the parties jointly submit that the relevant terms in the contract are unfair terms within the meaning of s 24(1) of the ACL - whether the Court should make the proposed declarations and orders - application allowed.
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Commonwealth Bank of Australia v State of Queensland [2018] FCA 1041
BANKRUPTCY AND INSOLVENCY - trustee in bankruptcy disclaims property - registered mortgagee granted vesting order under s 133(9) of the Bankruptcy Act
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BFR15 v Minister for Immigration and Border Protection [2018] FCA 1057
ADMINISTRATIVE LAW - appeal from Federal Circuit Court decision refusing Constitutional writ relief - unauthorised disclosure on internet by Department of personal information of protection visa applicants in immigration detention - whether primary judge erred in finding no jurisdictional error by Departmental officers in conducting International Treaties Obligation Assessments to assess effect of disclosure on non-refoulement obligations - where officers failed to act on instruction to assume that personal information may have been accessed by authorities in countries where protection visa applicants claimed fear of persecution or harm in accordance with decision in Minister for Immigration and Ethnic Affairs v SZSSJ (2016) 259 CLR 180
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Kraft Foods Group Brands LLC v Bega Cheese Limited (No 4) [2018] FCA 1055
PRACTICE AND PROCEDURE request by party to issue a subpoena against a non-party foreign corporation request refused Sabre order made
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Minister for Immigration and Border Protection v Aulakh (No 2) [2018] FCAFC 108
COSTS - Court's discretion as to costs - where appellant succeeded on a contention that was not raised below - where appellant accepted that some reduction in the costs that would otherwise be ordered was appropriate
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Commissioner of Taxation v Iannuzzi [2018] FCA 1053
CORPORATIONS - application for inquiry pursuant to Corporations Act 2001 (Cth) s 536(1)
EVIDENCE - objection to evidence - whether evidence adduced for administration or operation of a taxation law - where Commissioner seeks to adduce evidence for inquiry into liquidator - where Commissioner obtained evidence using compulsory powers
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North East Equity Pty Ltd v Sirmans [2018] FCA 1042
PRACTICE AND PROCEDURE - oppression claim in respect of activities of corporate trustee of unit trust - oppression alleged by exercise of right to require unanimous resolutions on certain issues - orders sought in the alternative for transfer of shares in corporate trustee and units in trust by minority holder to majority holder - application for leave to intervene - claim by party seeking to intervene to enforce agreement to purchase shares and units of majority holder - application refused
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