MIGRATION - appeal against a decision of the Federal Circuit Court that there was no merit in grounds for review - bare assertions on jurisdictional error without particularisation or identification of a basis in the circumstances of the Appellant's claim - no further particularisation provided on the appeal - no error identified - appeal dismissed.
ABG17 v Minister for Home Affairs [2018] FCA 1203
↧
↧
Nasr v Dixon (Trustee), in the matter of Nasr (Bankrupt) (No 2) [2018] FCA 1207
PRACTICE AND PROCEDURE - costs - where applicant brought an urgent application seeking orders requiring the joint trustees in bankruptcy of the applicant's estate to give consent to the applicant departing Australia - where the necessity to make the application was almost entirely of the applicant's making - whether applicant ought to pay the respondent's costs of the hearing, case management hearing and submissions in respect of costs
↧
Singh v Minister for Immigration and Border Protection [2018] FCA 1199
MIGRATION - appeal from a decision of the Federal Circuit Court - whether Tribunal decision affirming a decision not to grant the Appellant a Partner visa was affected by jurisdictional error - review on merits does not amount to a jurisdictional error - no merit in grounds of review - appeal dismissed.
↧
ADT16 v Minister for Immigration and Border Protection [2018] FCA 1198
MIGRATION - protection visa -Tribunal affirmed refusal of visa application on basis that the appellant had provided a "bogus document" - Tribunal relied upon document examiner's report - first respondent claiming public interest immunity in respect the report in subsequent judicial review proceedings - claim for public interest immunity acknowledged by appellant to have been properly made - no certificate issued by Minister under s 438 of the Migration Act 1958 (Cth) - whether s 438 applied to the report - whether appellant denied procedural fairness and a meaningful opportunity to appear before Tribunal as a result of the non-disclosure of information contained in the report - appellant having insufficient evidence to establish allegation of breach of procedural fairness - whether Tribunal's rejection of appellant's explanation for providing the bogus document affected by legal unreasonableness
↧
AXM15 v Minister for Immigration and Border Protection [2018] FCA 1186
MIGRATION - application for extension of time - application for protection visa refused - where Tribunal found claims were fabricated - where significant delay in filing notice of appeal from Federal Circuit Court to Federal Court - whether medical condition sufficient to explain delay - where no satisfactory explanation given for delay - whether merit in proposed grounds of appeal - where grounds of appeal lack merit - application dismissed
↧
↧
AIC16 v Minister for Immigration and Border Protection [2018] FCA 1178
MIGRATION - application for extension of time to appeal decision of Federal Circuit Court dismissing judicial review application - whether in the administration of justice to grant leave - application granted
↧
AYF16 v Minister for Immigration and Border Protection [2018] FCAFC 129
MIGRATION - application for extension of time within which to appeal - application for adjournment pending delivery of judgments by the High Court of Australia - where the Minister opposed the application for extension of time on the basis the proposed ground of appeal lacked merit - where the proposed ground ventilated issues as to the statutory and procedural fairness entitlements of an applicant whose visa application is the subject of a s 473GB certificate/notification - whether the Full Court in BBS16 was "plainly wrong" - Court not persuaded to depart from the position of BBS16 - Court not persuaded of sufficient overlap to warrant an adjournment
Held: application for extension of time rejected - application for adjournment rejected
↧
Australian Competition and Consumer Commission v LG Electronics Australia Pty Ltd (No 2) [2018] FCAFC 128
COSTS - costs of appeal - appropriate apportionment
↧
Australian Building and Construction Commissioner v Ravbar [2018] FCA 1196
INDUSTRIAL LAW - application seeking declarations that individual employees of the Construction, Forestry, Mining and Energy Union (CFMEU) contravened ss 340, 343 and 354 of the Fair Work Act 2009 (Cth) (FW Act) by allegedly giving directions and taking actions for the purpose of taking adverse action against and coercing a company into signing a CFMEU model enterprise agreement - four separate incidents - whether any of the alleged directions were given and whether any of the alleged actions were taken in fact with respect to any of the incidents - the relevant standard of proof - the principles on drawing inferences - what constitutes adverse action under ss 340 to 342 - what constitutes an intent to coerce under s 343 of the FW Act - what constitutes discrimination under s 354 of the FW Act - the operation of the reverse onus under s 361 of the FW Act - if any of the alleged contraventions occurred, whether some of the employees were liable for the actions of another under s 550 of the FW Act - whether the CFMEU was liable for the actions of its employees under ss 793 or 363 of the FW Act
Held: one set of contraventions established
↧
↧
Warren v Repatriation Commission [2018] FCA 1193
DEFENCE AND WAR - appeal on questions of law from a decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Tribunal affirmed a decision of the Veterans' Review Board which in turn had affirmed a decision of a delegate of the Repatriation Commission to refuse to grant the applicant a pension - where the parties agreed that the Tribunal had erred and that the Tribunal's decision should be set aside - where the Tribunal had also found that it lacked jurisdiction to deal with the applicant's claims made under s 70 of the Veterans' Entitlements Act 1986 (Cth) on the basis that the Veterans' Review Board had not dealt with this claim - where that claim had been before the delegate of the Commission - whether the Tribunal had erred in its determination that it lacked jurisdiction - whether the scope of remittal to the Tribunal should be confined
↧
Forster v Minister for Immigration and Border Protection [2018] FCAFC 125
APPEAL - procedural fairness - unreasonableness - sufficiency of reasons - whether Appellant on notice that evidence would be rejected as untruthful - whether unreasonable for trial judge to reject evidence as untruthful - whether sufficient reasons provided by trial judge for concluding Appellant as untruthful
APPEAL - whether apprehended bias - where trial judge intervened on several occasions during hearing
↧
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2) [2018] FCA 1211
INDUSTRIAL LAW - where the Federal Court had found contraventions of ss 497 and 500 of the Fair Work Act 2009 (Cth) by two officials of the Construction, Forestry, Mining and Energy Union - where the union was liable on the basis of ss 550 and 793 of the Fair Work Act 2009 (Cth) - consideration of appropriate penalties - consideration of whether a non-indemnification personal payment order should be made
↧
Free (Trustee) v Crawford, in the matter of Crawford (Bankrupt) (No 2) [2018] FCA 1208
BANKRUPTCY - stay - application by bankrupt for a stay of execution of a writ of possession - where applicant seeking to refinance property the subject of the writ of possession - application dismissed
↧
↧
Hooke v Bux Global Limited (No 4) [2018] FCA 1210
PRACTICE AND PROCEDURE - evidence - claim for legal professional privilege - inspection by the court - claim upheld in part
↧
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126
INDUSTRIAL LAW - appeal from a judgment of the Federal Circuit Court - where the primary judge had imposed civil penalties on the Construction, Forestry, Maritime, Mining and Energy Union in the maximum amounts available for six contraventions of s 500 of the Fair Work Act 2009 (Cth) - whether the primary judge erred by failing to treat the appellant's contraventions as arising out of a course of conduct - whether the primary judge erred by finding that the union official was the public face of the appellant - whether the primary judge erred by treating each of the six contraventions as being in the worst possible category - whether the primary judge erred by imposing a penalty that was, in all the circumstances, manifestly excessive
↧
Helicopter Resources Pty Ltd v Commonwealth of Australia (No 2) [2018] FCA 991
ADMINISTRATIVE LAW - inquest by the Chief Coroner of the Australian Capital Territory - where subject matter of inquest has a measure of overlap with pending criminal charges against the corporate applicant and the Commonwealth - application to restrain the Coroner from requiring the applicant's employee to give evidence - whether requiring the employee to give evidence would pose a real risk of interference with the administration of justice and constitute a contempt of court - whether the Coroner has statutory power under the Coroners Act 1997 (ACT) to require the applicant's employee to give evidence if it would otherwise constitute a contempt of court - principle of legality - consideration of principles in Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196 - Held: application dismissed with costs
↧
DFD16 v Minister for Immigration and Border Protection [2018] FCA 1216
MIGRATION - migration appeal - appeal against a decision of the Federal Circuit Court affirming the refusal of a Protection visa - appeal dismissed by reason of non-attendance of Appellant.
↧
↧
Minister for Home Affairs v Aciek [2018] FCAFC 120
PRACTICE AND PROCEDURE appeals where appeal rendered moot whether to exercise discretion of Court to permanently stay the hearing of the appeal consideration of circumstances in which the discretion may be exercised appeal stayed
↧
BHM15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 1205
↧
Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 4) [2018] FCA 1218
PRACTICE AND PROCEDURE - discovery - form of orders to give effect to earlier reasons
↧
More Pages to Explore .....
