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
EMK18 v Minister for Home Affairs [2018] FCA 1357
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DDA16 v Minister for Immigration and Border Protection [2018] FCA 1382
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
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EKW17 v Minister for Immigration and Border Protection [2018] FCA 1366
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
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Hossain v Restuccia [2018] FCA 1383
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
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O'Shanassy v Wingecarribee Shire Council, in the matter of O'Shanassy [2018] FCA 1381
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
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ARA17 v Minister for Home Affairs [2018] FCA 1378
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
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DYX17 v Minister for Home Affairs [2018] FCA 1377
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
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ECH17 v Minister for Immigration and Border Protection [2018] FCA 1222
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)
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CHB16 v Minister for Immigration and Border Protection [2018] FCA 1349
MIGRATION - application for an extension of time within which to seek leave to appeal and leave to appeal - application granted.
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Earthworks Today Pty Ltd (In Liquidation) v Butler [2018] FCA 1386
CORPORATIONS - consideration of an application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth)
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Innes v AAL Aviation Limited (No 2) [2018] FCAFC 130
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
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CIH16 v Minister for Immigration and Border Protection [2018] FCA 1317
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
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Baron v Commonwealth Bank of Australia Limited, in the matter of Baron [2018] FCA 1384
PRACTICE AND PROCEDURE - pleadings - application to strike out paragraph of statement of claim
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ELF18 v Minister for Home Affairs [2018] FCA 1368
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
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Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379
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
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BYR17 v Minister for Immigration and Border Protection [2018] FCA 1324
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
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Goonewardena v Secretary, Department of Social Services [2018] FCA 1387
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
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Apotex Pty Ltd v Cipla Limited (No 2) [2018] FCA 1393
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
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Deputy Commissioner of Taxation v Advanced Holdings Pty Ltd [2018] FCA 1263
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
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Giza v Secretary, Department of Social Services [2018] FCA 1391
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
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