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Lastest Judgments from the Federal Court

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    MIGRATION – applicant’s visa cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) (“Act”) – decision not to revoke cancellation decision pursuant to s 501CA(4) of the Act – application for judicial review of a decision of the Administrative Appeals Tribunal (“Tribunal”) under s 500(1)(ba) of the Act to affirm a decision of the Minister – whether the Tribunal’s decision was affected by jurisdictional error –whether s 501(3A) is invalid – application dismissed PRACTICE AND PROCEDURE - whether notices required under s 78B of the Judiciary Act 1903 (Cth) - whether a real and substantial constitutional issue was raised by the application

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    MIGRATION -application for extension of time and leave to appeal dismissed under subs 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) by reason of applicant's failure to appear

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    PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement - applicant's claim concerned allegations of disability discrimination against two schools - consideration of relevant factors for approval and appropriate orders with respect to confidentiality - settlement approved

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    NATIVE TITLE - application seeking leave to file an amended native title determination application which sought to reduce the area covered by the application and consequently remove three parties as respondents - where application was opposed by certain respondents - held: leave granted

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    PATENTS - consideration of final declarations, certifications and orders in proceeding where applicant sought relief by way of declarations of invalidity and orders for revocation of claims in two patents (the '946 Patent and the '666 Patent) PRACTICE AND PROCEDURE - where injunctions sought - consideration of matters relating to the terms of the injunctions sought - consideration of whether it is appropriate for final orders to contain a penal notice where the orders include an injunction - where penal notice is in the standard form required by the Federal Court Rules 2011 (Cth) - where penal notice applies to a corporation - where proposed orders contain the usual form of injunctive order in a patent infringement dispute, that is, an order restraining the infringement of the claims in suit - consideration of whether a prohibition relates to the facts of the case which is the subject of the proceeding - consideration of whether a prohibition ought to be made because making or maintaining a commitment or guarantee in connection with an application to list a product on either the Schedule of Pharmaceutical Benefits or the Repatriation Schedule of Pharmaceutical Benefits (Schedules) is not an infringement of a patent

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    CORPORATIONS - application by administrators pursuant to s 439A(6) of the Corporations Act 2001 (Cth) - where possible proposal of deed of company arrangement - whether to extend convening period by six months - application allowed.

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    MIGRATION - appeal from Federal Circuit Court of Australia - where Federal Circuit Court dismissed an application for review of a decision of the Immigration Assessment Authority - whether Authority misunderstood the appellant's claim for protection - whether Authority failed to deal with a claim clearly emerging from "new information" arising on review under Part 7AA of the Migration Act 1958 (Cth) - whether inference made by Authority was illogical or lacked an evidential foundation PRACTICE AND PROCEDURE - application for leave to rely on grounds not raised below - whether in the interests of justice to grant leave - where appellant legally represented in Federal Circuit Court - where Minister conceded ground one was plainly arguable - leave granted in respect of ground one - appeal allowed

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    MIGRATION - appeal from orders of the Federal Circuit Court of Australia - fast track reviewable decision of the Immigration Assessment Authority - where Authority did not get "new information" from the appellant - where appellant did not identify which "new information" should be got and made no express request for the Authority to consider "new information" PRACTICE AND PROCEDURE - application for leave to rely on grounds not raised below - where proposed grounds lacked merit - leave refused

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    APPEAL - rehearing - review of judge's findings of fact - whether findings inconsistent with incontrovertibly established facts - power of appellate court to set aside findings - whether judge erred in calculation of damages

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    MIGRATION - appeal from Federal Circuit Court of Australia - where Federal Circuit Court dismissed an application for review of a decision of the Immigration Assessment Authority - whether Authority was required to engage in "more specific reasoning" in relation to threats purportedly made to the appellant - whether Authority failed to engage in an "active intellectual process" in relation to each integer of the appellant's claims PRACTICE AND PROCEDURE - application for leave to rely on grounds not raised below - whether in the interests of justice to grant leave - where grounds had no real merit - leave refused

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    MIGRATION - appeal from orders of the Federal Circuit Court of Australia - where the Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Federal Circuit Court found the appellant had not put a case to the Tribunal that he feared persecution for the purposes of s 36(2)(a) of the Migration Act 1958 (Cth) by reason of his membership of a particular social group of "Tamils who departed Sri Lanka illegally and travelled to Australia (being a Tamil diaspora country) in search of asylum" - where the parties had conducted the Federal Circuit Court hearing on the basis that the appellant had put such a case to the Tribunal - where in fact the appellant had not put such a case - whether the appellant was denied procedural fairness MIGRATION - whether the Tribunal erred in failing to consider whether the Immigrants and Emigrants Act 1948 (Sri Lanka) discriminated against the appellant because it disproportionately affected a particular social group of which the appellant was a member, being "Tamils who departed Sri Lanka illegally and travelled to Australia (being a Tamil diaspora country) in search of asylum" - where no "disproportionate application" case was put to the Tribunal in relation to the operation of the Immigrants and Emigrants Act 1948 (Sri Lanka) on the particular social group - whether the Federal Circuit Court erred in failing to find error on the part of the Tribunal

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether the decision of the Federal Circuit Court was affected by jurisdictional error - no jurisdictional error - appeal dismissed

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    COSTS - application for special costs order - whether application should be entertained - whether Full Court on appeal should determine costs - where Appellants did not foreshadow application for special costs order - where Appellants made Calderbank letter prior to trial before primary judge

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    MIGRATION - application for extension of time in which to appeal decision of the Federal Circuit Court of Australia - whether appeal has reasonable prospects of success

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    PRACTICE AND PROCEDURE - application for release of undertaking - application to set aside notice to produce - where Defendants allege undertaking erroneously included two entities

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    ADMINISTRATIVE LAW - application for urgent interlocutory injunction - decision of Administrative Appeals Tribunal to refuse to make order under s 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) requiring respondent to do all things necessary and take all reasonable steps to bring child to Australia - refusal by delegate of child's application for citizenship by descent - orders sought to prevent child from loss of benefit of citizenship if granted on review - application dismissed

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    NATIVE TITLE - interlocutory application to be joined as a party to claimant proceeding under the Native Title Act 1993 (Cth) - where consent determination programmed for less than one month away - where proposal to split claim area into two parts - where not in interests of justice for interlocutory applicants to be joined - interlocutory application dismissed

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