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Lastest Judgments from the Federal Court

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    PATENTS - priority date - external fair basis - whether patent date deferred by subsequent amendment - held no real and reasonably clear disclosure in unamended specification of what was claimed as a result of the amendment PATENTS - internal fair basis - whether claimed invention is fairly based on disclosure in the specification - held claims of Final patent fairly based on the specification PATENTS - personal liability of director for infringement by company - joint tortfeasor - meaning of "authorise" under s 13 of the Patents Act - held no joint tortfeasorship or authorisation CONSUMER LAW - misleading or deceptive conduct in contravention of the Australian Consumer Law - whether offer for sale, sale, distribution, advertisement, supply, exhibition and promotion of product constitutes a representation in trade or commerce that the purchaser will have a right to use the product - held no contravention of the Australian Consumer Law

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    COMPETITION - cartel conduct - whether the corporate respondents made a contract or arrangement or arrived at an understanding containing a cartel provision in respect of the application process for exploration licences for coal in the Mt Penny and Glendon Brook areas of NSW - whether, in the circumstances, the corporate respondents were competitors or likely competitors - whether the corporate respondents had the proscribed anti-competitive purpose - whether any of the respondents gave effect to the alleged cartel provision COMPETITION - contracts, arrangements or understandings that restrict dealings or affect competition - whether the corporate respondents made a contract or arrangement or arrived at an understanding containing an exclusionary provision - whether the provision was entered into for the purposes of preventing, restricting or limiting the supply or acquisition of specified services - whether any of the respondents gave effect to the alleged exclusionary provision COMPETITION - joint venture defences - whether the alleged exclusionary provision is for the purposes of a joint venture - whether other elements of s 76C defence established - whether the alleged cartel provision was for the purposes of a joint venture - whether the elements of s 44ZZRP defence to the making of the alleged cartel provision were made out

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    MIGRATION - appeal from judgment of Federal Circuit Court - partner visa - family violence - independent expert opinion whether appellant suffered relevant family violence - adequacy of primary judge's reasons

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    MIGRATION - application for extension of time to file a notice of appeal - where Federal Circuit Court dismissed application for review of a decision of Administrative Appeals Tribunal - whether applicant has sufficient prospects of success - application dismissed

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    MIGRATION - consideration of the question of whether the appeal should be dismissed for want of prosecution under Federal Court of Australia Act 1976 (Cth) s 25(2B)(ba) on the ground that the appellant has left Australia and abandoned the prosecution of the appeal.

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    PRACTICE AND PROCEDURE - application made by applicants to amend statement of claim during trial of the proceeding - application allowed - further hearing adjourned

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    MIGRATION - where AAT dismissed application for review because it disbelieved the appellant on several counts - where there were several inconsistencies in the appellant's evidence - where appeal to FCC attempted to re-engage the merits - where grounds of appeal to this Court mirrored those in the FCC - held, grounds properly considered below - appeal dismissed

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    MIGRATION - where IAA found applicant did not meet criteria for grant of a visa on complimentary protection grounds - where appeal to FCC was that the IAA had made a legally unreasonable finding of fact - where there was sufficient material before the IAA to support its conclusions - whether primary judge made an unreasonable finding of fact - held, considering evidence no real risk of significant harm - no unreasonableness

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    MIGRATION - application for extension of time to file a notice of appeal from Federal Circuit Court judgment - refusal of protection visa - whether proposed appeal has prospects of success - application dismissed

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    MIGRATION - appeal from decision of the Federal Circuit Court dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal - whether Tribunal's decision was irrational or illogical - procedural fairness - finding that Tribunal's decision affected by jurisdictional error - order that Tribunal decision quashed and matter remitted to be determined according to law

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    CONSUMER LAW - misleading or deceptive conduct - respondents sent unsolicited notices to businesses offering registration of a domain name substantially equivalent to their existing domain name - where the parties filed a Statement of Agreed Facts and Admissions jointly - where the parties agreed to the orders as to the pecuniary penalties, injunctions and disqualification orders to be imposed on the respondents - where the parties disagreed as to the declaratory orders to be imposed - appropriateness of the Court endorsing the agreed upon orders - whether the Court should make the declaratory relief sought by the ACCC, but opposed by the respondent

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    MIGRATION - natural justice - opportunity to be heard - whether applicant afforded an opportunity to be heard in relation to relocation - whether Tribunal misled applicant as to issue to be addressed - new grounds raised on appeal - whether of sufficient merit where no explanation provided for failure to raise grounds below - leave refused - appeal dismissed

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    MIGRATION - application for leave to appeal from decision of FCC - where Tribunal decision found applicant wholly untruthful - where alleged Tribunal did not apply correct test for complementary protection - held, Tribunal did apply correct test and no error in FCC's judgment - where alleged applicant seeks to raise new grounds of review - held, grounds cannot be maintained - application dismissed

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    NATIVE TITLE - non-claimant application - application unopposed - no native title exists in relation to the land

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    COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) - application denied

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    MIGRATION – application for leave to appeal decision of the Federal Circuit Court of Australia – application dismissed.

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    BANKRUPTCY AND INSOLVENCY - application to dismiss appeal for incompetency - application to dismiss appeal for failure to comply with directions of the Court -whether notice of appeal is incomprehensible - whether notice of appeal identifies appealable error - where notice of appeal does not comply with Federal Court Rules 2011 (Cth) - where appellants did not file amended notice of appeal as directed to by the Court

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    MIGRATION - appeal - whether primary judge erred in dismissing application for judicial review - no error established - appeal dismissed

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