PRACTICE AND PROCEDURE - application for injunction preventing removal or alienation of yacht - whether plaintiffs have arguable case - whether plaintiffs have standing - where foreign trustee in bankruptcy not yet recognised in Australia - where recognition proceedings on foot - consideration of relief available under Model Law on Cross-Border Insolvency Art 19(1) ;
PRACTICE AND PROCEDURE - application for summary dismissal - whether likely that plea of res judicata would succeed - whether prior proceeding decided on the merits - where prior proceeding dismissed after plaintiffs informed the Court that they could not proceed with case
Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCA 1130
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J.P. Morgan Operations Australia Limited v J.P. Morgan Australia Group Pty Limited, in the matter of J.P. Morgan Operations Australia Limited [2018] FCA 1131
CORPORATIONS - application to convene a meeting of shareholders of plaintiff companies pursuant to s 411(1) of the Corporations Act 2001 (Cth) - proposed reconstruction and amalgamation of Pt 5.1 bodies under s 413 of the Corporations Act - whether the schemes are fair and reasonable in light of the impact on external creditors of the transferee and transferor companies - application granted
PRACTICE AND PROCEDURE - whether suppression orders necessary to prevent prejudice to the proper administration of justice
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DDN17 v Minister for Immigration and Border Protection [2018] FCA 126
MIGRATION - application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to exercise his discretion to cancel the applicant's visa because he had failed the character test under s 501(2) of the Migration Act 1958 (Cth) - where the applicant had held a Class XB Subclass 200 Refugee and Humanitarian visa - where the applicant failed the character test because he had been sentenced to a period of imprisonment of more than 12 months - where the Minister found it was unnecessary to determine whether non-refoulement obligations were owed because the applicant could apply for a protection visa - whether the Minister's decision was affected by jurisdictional error - consideration of BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96
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AHQ16 v Minister for Immigration and Border Protection [2018] FCA 1128
MIGRATION - Protection visas - appeal from decision of the Federal Circuit Court to dismiss an application for review of a decision of the Administrative Appeals Tribunal not to grant a Protection visa - where Grounds of Appeal abandoned before the Federal Circuit Court - whether Tribunal failed to properly consider claims made
PRACTICE AND PROCEDURE - where arguments abandoned before primary Judge - whether arguments should be permitted to be resurrected on appeal
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Rambaldi v Meletsis, in the matter of Karas (Bankrupt) [2018] FCA 791
TRUSTS AND TRUSTEES - interlocutory application - where trustees of bankrupt estate acquired causes of action from liquidator and company by deed of assignment - where trustees sued on assigned causes of action - whether trustees had power to acquire assigned claims - whether trustees justified in acquiring assigned claims
STATUTORY INTERPRETATION - trustees' powers under the Bankruptcy Act 1966 (Cth) - scope of "property of the bankrupt" as defined in s 5 - power exercisable by trustee derived under s 134 to acquire "property divisible among the bankrupt's creditors" - whether assigned claims became "property of the bankrupt" within terms of s 58(1) and s 116(1)(a) - meaning of after-acquired property of the bankrupt within terms of s 58(1) and s 116(1)(a) - meaning of "arise out of" and "incident" of property of the bankrupt within terms of s 5
PRACTICE AND PROCEDURE - creditor's application to intervene on limited basis
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CHM16 v Minister for Immigration and Border Protection [2018] FCA 1132
MIGRATION appeal from Federal Circuit Court dismissing application for judicial review of fast track reviewable decision by the Immigration Assessment Authority (IAA) where IAA affirmed decision refusing to grant a safe haven visa whether IAA correctly applied complementary protection criterion - whether appellant denied procedural fairness by not being invited to attend a hearing before the IAA whether denial of procedural fairness by reason of alleged deficiencies in interpreting at safe haven visa interview whether denial of procedural fairness by IAA in failing to invite the applicant to a hearing consideration of the nature of the fast track review process under Part 7AA of the Migration Act 1958 whether IAA erred in declining to consider new information under s 473DD appeal dismissed
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Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA 1120
NATIVE TITLE - consent determination - requirements of s 87 of the Native Title Act 1993 (Cth)
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Taivei v Minister for Home Affairs [2018] FCA 1129
MIGRATION - mandatory visa cancellation - where the Applicant did not satisfy the character test - where Minister refused to revoke decision to cancel the Applicant's visa
ADMINISTRATIVE LAW - unreasonableness - noting of submissions made - failure to make findings of fact - procedural fairness - opportunity to be heard requires decision-maker to listen to what is being said
ADMINISTRATIVE LAW - overlapping grounds of review
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ABS16 v Minister for Immigration and Border Protection [2018] FCA 1101
MIGRATION - Application to dismiss an appeal pursuant to r 36.75 of the Federal Court Rules 2011 (Cth) - applicant failed to attend two hearing dates without adequate explanation - application granted
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Cathro, in the matter of Lidcombe Plastering Services Pty Limited (in liq) [2018] FCA 1138
CORPORATIONS - application to set aside Registrar's orders requiring production of documents sought by liquidator - where documents concern financial affairs of wife of director the subject of examination - application dismissed, the documents being sufficiently connected with examination of husband
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Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117
INDUSTRIAL LAW - contraventions of s 348 of Fair Work Act 2009 - making of orders as to penalty - personal payment order - form of personal payment order
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Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
MIGRATION - appeal from decision of primary judge upholding decision not to revoke the cancellation of a visa on character grounds - where appellant made representations about revocation of the cancellation decision to the Minister - where representations concerned hardship to partner and child if appellant had to relocate - whether Minister failed to consider the difficulties the appellant's partner would suffer if the family were relocated - whether appellant denied procedural fairness by failure to consider a substantial argument, claim or submission made to the Minister - appeal allowed - matter remitted to the Minister for determination according to law
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Jones, in the matter of Maz Platinum Pty Ltd (in liq) [2018] FCA 1139
CORPORATIONS - application by liquidator for directions pursuant to s 511 of the Corporations Act 2001 (Cth) (Act) - where insolvent company was a corporate trustee - where sole purpose of the trust was to carry on business of insolvent company - whether liquidator would be justified in treating the assets and liabilities of the company as the assets and liabilities of the trust - whether liquidator would be justified in treating a settlement fund as the proceeds of the exercise of the company's right of exoneration from the assets of the trust - whether settlement fund should be distributed in accordance with priorities set out in s 556(1) of the Act - application allowed.
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Deep Investments Pty Ltd v Casey (No 4) [2018] FCA 1123
PRACTICE AND PROCEDURE - costs - each party to bear own costs of respondents' partially successful strike out/summary judgment application where respondents substantially succeeded in strike out application but failed to obtain summary judgment - respondents to pay applicant's costs of application to set aside defective notices to produce
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Deep Investments Pty Ltd v Casey (No 1) [2017] FCA 1643
PRACTICE AND PROCEDURE - notices to produce - whether notices in formal compliance with r 30.28 of Federal Court Rules 2011 - whether to require production of documents where legal professional privilege asserted - whether privilege waived
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Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCAFC 118
PRACTICE AND PROCEDURE - where dispute resolution clause provided for independent advisory opinion to be obtained before commencing court proceedings - where proceedings commenced without joining in agreed process for advisory opinion - decision by primary judge to refuse stay of proceedings - appeal from refusal - whether non-binding nature of dispute resolution process relevant to discretion - whether trial judge formed view that dispute resolution clause did not apply to particular dispute - no error by primary judge in exercise of discretion - appeal dismissed
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Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136
NATIVE TITLE - non-claimant application for a determination that native title does not exist in respect of particular land - application granted
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Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science (No 2) [2018] FCA 1135
STATUTES - Customs Act 1901 (Cth) - Part XVB - ferrous grinding balls exported from China to Australia - judicial review of anti-dumping measures
STATUTES - Customs (International Obligations Act) Regulation 2015 (Cth) - determination of cost of production or manufacture - determination of administrative, selling and general costs - normal value of goods - determination of profit
ADMINISTRATIVE LAW - whether reviewable error in using benchmark price from third countries to determine cost of production or manufacture in country of export - whether the Minister failed to consider a mandatory relevant consideration, namely comparative advantages or disadvantages in country of export - whether calculation of amount of profit was illogical, irrational or unreasonable - whether Minister's decision is irrational, illogical and unreasonable either in its outcome or its methodology.
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Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134
CORPORATIONS - application by plaintiff to wind up the defendant under ss 459A and 459P of the Corporations Act 2001 (Cth) (the Act) in circumstances where the plaintiff served a statutory demand and the defendant did not seek to set it aside within the specified time - where defendant seeks leave under s 459S of the Act to oppose the plaintiff's winding-up application on the ground that it is solvent and disputes the debt in the statutory demand - whether sufficient evidence for Court to be satisfied of materiality requirement - whether discretionary factors weigh against grant of leave - Held: leave granted
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Maggie Sottero Designs LLC v Loner [2018] FCA 1151
PRACTICE AND PROCEDURE application for default judgment whether final injunction should be granted whether indemnity costs should be awarded
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