Are you the publisher? Claim or contact us about this channel


Embed this content in your HTML

Search

Report adult content:

click to rate:

Account: (login)

More Channels


Showcase


Channel Catalog


Channel Description:

Lastest Judgments from the Federal Court

older | 1 | .... | 259 | 260 | (Page 261) | 262 | 263 | .... | 304 | newer

    0 0

    PRACTICE AND PROCEDURE - application for interlocutory injunction requiring the provision to the applicants of urgent medical treatment - duty of care allegedly owed by respondents to applicants brought to Nauru under the Migration Act 1958 (Cth) - principles relevant to the grant of an interlocutory injunction - whether sufficient likelihood of success to justify grant - where the balance of convenience lies - injunction granted to require the respondents to transfer applicants to a location in Australia where they can be provided with urgent medical treatment

    0 0

    MIGRATION - appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority - where the Authority affirmed a decision to refuse the grant of a protection visa to the appellant - whether the Authority made legally unreasonable findings - whether the Authority failed to consider the appellant's claims properly - significance of errors in dates in the Authority's reasons

    0 0

    MIGRATION - appeal from orders of primary judge dismissing application for judicial review of Immigration Assessment Authority affirming decision of delegate to refuse grant of protection visa - whether primary judge erred in not finding that Authority failed to comply with s 473DE of Migration Act 1958 (Cth) by finding that new information fell within statutory exception - whether primary judge erred in not finding that Authority failed to exercise, or to consider exercising, its discretion to invite the appellant to give new information in a manner that was legally unreasonable - held: no error on part of primary judge in relation to both grounds - held: appeal dismissed

    0 0

    PRACTICE AND PROCEDURE - application for summary judgment under s 31A(2) of the Federal Court of Australia Act (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - application for striking out of originating application and statement of claim under r 16.01 of the Federal Court Rules - application for default judgment under r 5.23 of the Federal Court Rules

    0 0

    BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - where bankruptcy notice founded upon a costs certificate that was registered as a judgment under s 368(5) of the Legal Profession Act 2004 (NSW) - where the underlying costs emanate from an order made under s 257B of the Criminal Procedure Act 1986 (NSW), which requires that costs be paid to the registrar, for payment to the prosecution - whether judgment invalid because it requires payment directly to the prosecution - whether bankruptcy notice misleading - whether applicant has an offsetting claim

    0 0

    MIGRATION - protection visa - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Tribunal affirming the Minister's decision not to grant a protection visa - attempt to raise material not before the Tribunal or primary judge - grounds seeking to invite merits review - MZZJO distinguished - no appellable error Held: appeal dismissed

    0 0

    MIGRATION - protection visa - previous permanent visa cancelled mandatorily on character grounds - application for a protection visa refused - where the Tribunal affirmed the decision to refuse the appellant a protection visa - application for judicial review to the Federal Circuit Court - primary judge considered whether the Tribunal made a finding on the appellant's health without evidence or whether the Tribunal overlooked a particular social group claim - primary judge found no jurisdictional error - appeal from the primary judge's findings on health care access for the appellant and the appellant's citizenship Held: appeal dismissed

    0 0

    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia- whether primary judge erred in dismissing an application for judicial review - whether Immigration Assessment Authority misconstrued its statutory duty by adopting an unduly narrow construction of s 473DD of the Migration Act 1958 (Cth)

    0 0

    MIGRATION - application for an extension of time within which to seek leave to appeal and leave to appeal - application granted.

    0 0

    CORPORATIONS - consideration of an application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth)

    0 0

    COSTS - cost orders - applications by the Respondent for the Court to fix lump sum costs in relation to two appeals - whether lump sum costs are appropriate - whether the costs claimed by the Respondent were fairly and reasonably incurred - orders for lump sum costs for reduced amounts made

    0 0

    MIGRATION - whether Immigration Assessment Authority applied the correct test for ascertaining under s 473DD as to whether exceptional circumstances existed to justify the consideration of new information - failure to consider whether essential information in medical report satisfied the requirements of s 473DD(b)(ii) - whether the error was material and amounted to a jurisdictional error - appeal allowed

    0 0

    PRACTICE AND PROCEDURE - pleadings - application to strike out paragraph of statement of claim

    0 0

    PRACTICE AND PROCEDURE - application for interlocutory injunction requiring the provision to the applicant of urgent medical treatment - duty of care allegedly owed by respondents to applicant brought to Nauru under the Migration Act 1958 (Cth) - principles relevant to the grant of an interlocutory injunction - whether sufficient likelihood of success to justify grant - where the balance of convenience lies - injunction granted to require the respondents to transfer applicant to a location in Australia where she can be provided with urgent medical treatment - failure of respondents to comply with time limit in injunction due to intervention of Government of Nauru - variation of terms of injunction by consent

    0 0

    INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ("FW Act") - Fair Work inspector's exercise of "compliance powers" under s 706 of the FW Act - power of an inspector to obtain records and documents pursuant to a notice issued under s 712 - principles relating to the validity of a notice -whether notice specifies the records and documents that the recipient is required to provide with reasonable clarity - whether the notice discloses the relationship between the documents required and the matter which is the subject of the exercise of the inspector's inquiry - whether notice is required to expressly specify the particular provision or provisions of the FW Act which found the inspector's inquiry - notice invalid and of no effect

    0 0

    MIGRATION - Pt 7AA of the Migration Act 1958 (Cth) ("Act") - appeal from the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority ("Authority") - whether the Authority failed to consider a claim that the appellant was eligible for a protection visa by reason of s 36(2)(b) and/or (c) of the Act ("Family Unit Criteria") - where no express claim was made before the Authority, whether Authority committed jurisdictional error in failing to consider a claim that was apparent on the materials - principles regarding whether a claim has been made - the nature of the Authority's review function under s 473CC of the Act - appeal dismissed

    0 0

    SOCIAL SECURITY - application for judicial review of a decision made by the Administrative Appeals Tribunal ("Tribunal") - whether a termination payment made to an employee in respect of a redundancy "ordinary income" for the purposes of the calculation of a person's entitlement to a DSP under the Social Security Act 1991 (Cth) ("Act") - whether a "carer allowance" a "social security benefit" and thus an "income support payment" within the meaning of those terms in s 23(1) of the Act - application dismissed

    0 0

    PRACTICE AND PROCEDURE - discovery - patents - pharmaceutical products and formulations for nasal and ocular use - antihistamines, particularly azelastine - corticosteroids, particularly fluticasone - combination of azelastine and steroids - grounds of invalidity - lack of inventive step - related US proceedings - depositions - transcripts of trial evidence - trial exhibits - false suggestion - material of secondary significance - indirect relevance - proportionality

    0 0

    PRACTICE AND PROCEDURE -- ex parte application for freezing orders under rr 7.32 and 7.35 -- where application made for judgment on certain taxation liabilities -- good arguable case -- evidence of recent history of dishonest conduct -- danger that assets might otherwise be dissipated

    0 0

    PRACTICE AND PROCEDURE - application for leave to appeal decision of single judge sitting in appellate jurisdiction - whether Court has jurisdiction to hear appeal - application dismissed

older | 1 | .... | 259 | 260 | (Page 261) | 262 | 263 | .... | 304 | newer