BKO16 v Minister for Immigration and Border Protection [2018] FCA 1319
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SZVZL v Minister for Immigration and Border Protection [2018] FCA 1299
MIGRATION appeal from Federal Circuit Court refusal to grant Protection Visa whether Tribunal concluded that appellant could avoid harm by acting discreetly appeal dismissed
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Australian Building and Construction Commissioner v O'Connor (No 4) [2018] FCA 1293
INDUSTRIAL LAW - consideration of the appropriate declarations to be made against the respondents in respect of contraventions of the civil remedy provisions of the Fair Work Act 2009 (Cth) - consideration of the appropriate penalties to be imposed on the second and third respondents - where first respondent found to have contravened ss 348, 355 and 500 of the Fair Work Act 2009 (Cth) - where second respondent found to have contravened ss 348 and 355 of the Fair Work Act - where third respondent found to have contravened ss 348, 355 and 500 of the Fair Work Act - consideration of the approach to pecuniary penalties for contraventions of civil remedy provisions of the Fair Work Act - factors to be taken into account when assessing the penalty to be imposed - nature and extent of the contravening conduct - loss and damage caused by the contravening conduct - whether the conduct constituting the contravening conduct was deliberate - extent of any benefit or profit derived from the contravening conduct - extent of co-operation with the applicant and of any contrition shown for the contravening conduct - financial circumstances of the second and third respondents - any corrective action taken by the respondents - prior contraventions - general and specific deterrence - totality
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BTS15 v Minister for Immigration and Border Protection [2018] FCA 1264
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Puri v Minister for Immigration and Border Protection [2018] FCA 1266
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Tang v Minister for Immigration and Border Protection [2018] FCA 1274
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Wander v Minister for Immigration and Border Protection [2018] FCA 1288
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Salopal v Minister for Immigration and Border Protection [2018] FCA 1308
MIGRATION - appeal from a judgment of the Federal Circuit Court upholding decision of Tribunal refusing visa application - application refused on grounds that Trades Recognition Australia skills assessment document was a 'bogus document' - meaning of requirement in Public Interest Criteria 4020 that there be 'no evidence' that the appellant had 'given, or caused to be given' to the Department a bogus document - whether primary judge erred in finding that the Tribunal did not commit jurisdictional error - whether Tribunal failed to consider a substantial clam advanced by the appellant - whether Tribunal discharged its statutory function - whether Tribunal's decision was unreasonable - where Tribunal failed to evaluate the evidence of three witnesses relied upon by the appellant to corroborate his account - jurisdictional error - appeal allowed - matter remitted to the Tribunal differently constituted for determination according to law
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Nyoni v Pharmacy Board of Australia [2018] FCA 1313
COSTS - application for security for costs on appeal - r 36.09 of the Federal Court Rules 2011 (Cth) - prospects of success - risk that a costs order will not be satisfied - risk that security for costs order will stultify the Appellant's appeal - effect of Appellant's impecuniosity - security for costs ordered.
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ARF17 v Minister for Immigration and Border Protection [2018] FCA 1281
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Bassi v Minister for Immigration and Border Protection [2018] FCA 1309
PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from judgment and orders of Federal Circuit Court of Australia - whether decision of primary judge attended by sufficient doubt to warrant reconsideration by appellate court - whether sufficient explanation for delay - application dismissed
MIGRATION - application for Medical Treatment (Visitor) (Class UB) visa - where applicant failed to satisfy cl 602.212(2) of Schedule 2 to Migration Regulations 1994 (Cth) - failure to provide details of proposed medical treatment
ADMINISTRATIVE LAW - judicial review - procedural fairness - failure to consider material
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Khatri v Minister for Immigration and Border Protection [2018] FCA 1310
MIGRATION - application for Student (Class TU) (subclass 572) visa -where appellant sent notice of invitation to Tribunal hearing in accordance with s 360A Migration Act 1958 (Cth) - where appellant failed to attend scheduled hearing - where Tribunal decided to dismiss review application pursuant to s 362B(1A)(b) Migration Act 1958 (Cth) - where appellant validly notified of Tribunal's decision to dismiss application - where appellant did not apply reinstatement of review application within 14 days as he was entitled to do - where Tribunal obliged to confirm dismissal of review application pursuant to s 362B(1E) Migration Act 1958 (Cth) - where appellant unable to identify any error in judgment of primary judge - appeal dismissed
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Afu v Minister for Home Affairs [2018] FCA 1311
MIGRATION - application for extension of time granted - application for judicial review of decision of Administrative Appeals Tribunal affirming non-revocation decision of delegate of first respondent - whether Tribunal misapplied or misconstrued s 501CA(4) of Migration Act 1958 (Cth) - whether Tribunal failed to comply with Ministerial Direction No 65 - whether Tribunal failed to give proper, realistic and genuine consideration to representations made by applicant - whether Tribunal made critical findings of fact without logically probative evidence - held: all four grounds of review fail - held: application dismissed with costs
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Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143
REPRESENTATIVE PROCEEDINGS - competing representative proceedings - applications to transfer four representative proceedings to Supreme Court of New South Wales under s 1337H of the Corporations Act 2001 (Cth) - competing proceeding filed in Supreme Court - anti-suit injunctions sought in Supreme Court in respect of Federal Court proceedings - management of competing class actions in different courts - importance of comity - Constitutional assumption of an integrated federal judicature
REPRESENTATIVE PROCEEDINGS - competing representative proceedings - applications to transfer four representative proceedings to Supreme Court of New South Wales under s 1337H of the Corporations Act 2001 (Cth) - effect of transfer on operation of s 33ZE(1) of the Federal Court of Australia Act 1976 (Cth) - whether s 182 of the Civil Procedure Act 2005 (NSW) is picked up by s 79 of the Judiciary Act 1903 (Cth) in respect of proceedings to which s 1317K of the Corporations Act applies
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Pleash (Liquidator) v Tucker [2018] FCAFC 144
CORPORATIONS - appeal from refusal to order production of documents under s 597(9) of the Corporations Act 2001 (Cth) - liquidators' examination - where liquidators sought to assess means of examinee to pay prospective debt - where examinee is beneficiary or object of discretionary trusts and director of corporate trustees - whether control exception applied where beneficiary controls the distribution of trust assets - whether income and capital of trusts and third parties otherwise relevant to examinable affairs - whether liquidators established basis for asserting potential to trace funds into trusts - relevance of Pt VI Div 4A of the Bankruptcy Act 1966 (Cth) to prospect of payment
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Ali v Minister for Immigration and Border Protection [2018] FCA 1271
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Samuelu v Minister for Home Affairs [2018] FCA 1325
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DQJ16 v Minister for Immigration and Border Protection [2018] FCA 1312
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Sirtex Medical Limited, in the matter of Sirtex Medical Limited [2018] FCA 1315
CORPORATIONS - scheme of arrangement - first Court hearing - application to convene a members' meeting pursuant to s 411(1) of the Corporations Act 2001 (Cth) - application allowed.
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SZNBX v Minister for Immigration and Border Protection [2018] FCA 1172
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in not finding that the Administrative Appeals Tribunal (AAT) failed to consider relevant facts and material in concluding that the appellants had a right to enter and reside in other European Union countries for the purposes of s 36(3) of the Migration Act 1958 (Cth) - whether the primary judge erred in not finding that the AAT had considered irrelevant material or material which did not exist - whether the primary judge erred finding that the AAT was correct to determine that the appellants had not taken all possible steps to avail themselves of third country protection under s 36(3) - Held: appeal dismissed, with costs
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