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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - application for pre-suit discovery under r 7.23 of Federal Court Rules 2011 (Cth) - where document is a confidential contract to which the applicant is not a party - where the applicant reasonably believes he has a right to relief under the Competition and Consumer Act 2010 (Cth) Sch 2 s 18 COSTS - where applicant was successful in application under r 7.23 of Federal Court Rules 2011 (Cth) which was contested in an adversarial fashion by prospective respondent - respondent to pay the applicant's costs

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    MIGRATION - application for protection (class XA) visa - application for extension of time and leave to appeal from Federal Circuit Court of Australia decision - application dismissed pursuant to R 35.33 of the Federal Court Rules 2011 (Cth) by reasons of the applicant's non-appearance

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    ADMINISTRATIVE LAW - s 44(7) of the Administrative Appeals Tribunal Act 1976 (Cth) ("AAT Act") - whether the Court should exercise discretion to make further findings of fact - whether to remit the matter for redetermination by the Administrative Appeals Tribunal - whether any limitation should be imposed on the scope of the remittal COSTS - whether costs should follow the event

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    MIGRATION - application for protection (class XA) visa - appeal from Federal Circuit Court of Australia - appeal dismissed pursuant to R 36.75 of the Federal Court Rules 2011 (Cth) by reason of the appellant's failure to attend the hearing

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    PRACTICE AND PROCEDURE - application under r 9.63 of the Federal Court Rules 2011 for appointment of litigation representative

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    MIGRATION - application for leave to appeal - where application for judicial review dismissed at show cause hearing in the Federal Circuit Court - where applicant sought to appeal from decision that Administrative Appeals Tribunal had no jurisdiction to undertake merits review as he was a fast track applicant - whether reasonably arguable that the applicant was not a fast track applicant pursuant to a Ministerial instrument made under subs 5(1AA)(b) of the Migration Act 1958 (Cth) - whether reasonably arguable that Ministerial instrument was invalid - application for leave to appeal allowed

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    INDUSTRIAL LAW - pecuniary penalty - where first respondent breached s 340 Fair Work Act 2009 (Cth) - single contravention - consideration of appropriate quantum of pecuniary penalty - where contravention considered to be serious, but not flagrant or deliberate - where seriousness of contravention mitigated by circumstances of contravention - where first respondent had good industrial record - where it was unlikely that even the maximum penalty would provide specific or general deterrence - appropriate quantum of civil penalty INDUSTRIAL LAW - whether declaration of contravention should be made under s 21 Federal Court Act 1976 (Cth) - where parties agreed that a declaration should be made - consideration of whether the making of a declaration is appropriate - where appropriate case for making a declaration that first respondent contravened s 340 Fair Work Act 2009 (Cth)

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant Medical Treatment Visa - whether Administrative Appeals Tribunal had jurisdiction to hear application under s 348 of the Migration Act 1958 (Cth) - appeal dismissed

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant Medical Treatment Visa - where appellant failed to respond to invitation to give information - appeal dismissed

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    MIGRATION - application for extension of time - Pt 7AA certificate case - where certificate alleged to be invalid - where no jurisdictional error if invalid - where no sufficient prospects of success

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    MIGRATION - role of Refugee Review Tribunal - speculation as to the future and so called 'what if I am wrong' test - whether Tribunal satisfied with no real doubts - whether well-founded fear of persecution due to alleged Taliban accusations of un-Islamic conduct - application to raise new ground of appeal

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    PRACTICE AND PROCEDURE - summary judgment application under r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether to exercise power under s 31A of the Federal Court of Australia Act 1976 (Cth) to dismiss part of the proceeding - whether applicants have no reasonable prospect of successfully prosecuting part of the proceeding - where factual issues capable of being disputed and in fact in dispute PRACTICE AND PROCEDURE - strike out application under r 16.21 of the Federal Court Rules 2011 (Cth) -pleading not struck out PRACTICE AND PROCEDURE - jurisdiction - where applicants pleaded cause of action under the Australian Consumer Law (ACL) and for breach of contract - whether ACL claim merely an artifice to attract the jurisdiction of the Court COSTS - application for costs to be payable forthwith - whether Court should exercise discretion to disengage r 40.13 of the Federal Court Rules 2011 (Cth)

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant Protection Visa - whether Tribunal considered all claims - appeal dismissed

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    MIGRATION - appeal from dismissal of application for judicial review of decision of Administrative Appeals Tribunal - where appellant denied visa for not satisfying requirements of PIC 4020 in Migration Regulations 1994 (Cth) - where evidence that visa applicant gave or caused to given to the Minister a bogus document within the meaning of s 5 of the Migration Act 1958 (Cth) - whether Tribunal erred in law by failing to make specific findings about appellant's involvement in fraud - whether Tribunal required to address appellant's knowledge of and involvement in fraud - whether Tribunal failed to afford procedural fairness by not providing clear particulars

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    ADMIRALTY - joint venture to operate hospitality business aboard vessel - agreement to charter and license vessel PRACTICE AND PROCEDURE - further interlocutory application for an order to appoint a receiver and manager to take control of a vessel and business operated on-board -balance of convenience - where the relationships between the parties have broken down - application granted PRACTICE AND PROCEDURE - interlocutory application for payment of profits made pursuant to a joint venture agreement - counter interlocutory application for shared costs pursuant to a joint venture agreement - where there are competing legal arguments concerning construction of the joint venture agreement and evidentiary questions that are to be determined at final hearing - interlocutory applications refused PRACTICE AND PROCEDURE - application for security for costs - where it is conceded that security for future costs is payable but the plaintiffs contest payment of security for past costs and contend that funds held in trust pursuant to Court order should stand as security for costs of the proceeding - application for security for past costs refused - plaintiffs ordered to provide security for future costs, which are not to be payable from the funds held in trust

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    MIGRATION - whether Minister's decision not to revoke cancellation decision pursuant to Migration Act 1958 (Cth) s 501CA(4) affected by jurisdictional error by failing to take into account relevant considerations

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    INSURANCE - whether pursuant to s 194 of the Life Insurance Act 1995 (Cth) the scheme for the transfer of the life insurance business of a company should be confirmed without modification - application allowed.

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    MIGRATION - appeal from dismissal of judicial review application by Federal Circuit Court of Australia - where appellant claimed to be stateless - fast track review - where Immigration Assessment Authority satisfied appellant citizen of Bangladesh - new information and application of s 473DD(b) - requirements of natural justice under Part 7AA - appeal dismissed

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    BANKRUPTCY - where pseudonyms are used to describe both the debtor and creditor's name on a bankruptcy notice - whether the bankruptcy notice is a nullity because, by using pseudonyms instead of naming parties, it fails to fulfil the public interest objectives of bankruptcy - whether the bankruptcy notice is a nullity because the debtor could have been misled as to the identity of the creditor - application dismissed.

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