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Lastest Judgments from the Federal Court

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    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

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    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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    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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    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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    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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    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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    NATIVE TITLE - consent determination - requirements of s 87 of the Native Title Act 1993 (Cth)

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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    PRACTICE AND PROCEDURE – application for default judgment – whether final injunction should be granted – whether indemnity costs should be awarded

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