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Lastest Judgments from the Federal Court

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    CORPORATIONS - where special purpose liquidators have been appointed at the end of the three year time period allowed by s 588FF(3)(a) of the Corporations Act 2001 (Cth) (Act) and seek an extension of time - where no evidence of delay once appointed - where further investigation into companies' affairs is required to determine whether to commence proceedings under s 588FF(1) of the Act and against whom - where minimal prejudice caused by the extension of time - whether to extend time pursuant to s 588FF(3)(b) of the Act - whether a "shelf order" should be made enabling proceedings to be brought against any party within the extended period - application allowed.

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    MIGRATION - Safe Haven Enterprise visa - appeal from a decision of the Federal Circuit Court to dismiss application for judicial review of a decision of the Immigration Assessment Authority - whether Authority misconstrued and misinterpreted the appellant's claims and rejected them without any legitimate reasons and primary judge erred in failing to so find - no error established

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    CORPORATIONS - whether appropriate to approve scheme of arrangement - scheme approved

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    MIGRATION - application for leave to appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal under show cause procedure - whether Applicant had arguable case for relief

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    BANKRUPTCY AND INSOLVENCY - leave sought pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take fresh steps in related proceeding ¬- leave appropriate - matter of practice and procedure in County Court of Victoria - appropriate for County Court judge to determine issue between the parties - self executing-orders in County Court and interpretation and effect thereof.

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    MIGRATION - appeal from orders by a judge of this Court - where primary judge made an order setting aside a decision of the Assistant Minister for Immigration and Border Protection (Assistant Minister) and an order remitting the matter to the Assistant Minister for redetermination in accordance with the law - where Assistant Minister's decision made pursuant to s 501CA(4) of the Migration Act 1958 (Cth) and was a decision not to revoke a decision to cancel the respondent's visa - where Assistant Minister appeals to this Court against the primary judge's orders - whether the primary judged erred in finding that the Parliamentary Secretary had not given proper, genuine and realistic consideration to the respondent's claims - whether the primary judge erred in concluding that there was no evidence to support the Parliamentary Secretary's conclusion, or that the conclusion was otherwise illogical or irrational

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    NATIVE TITLE - determination of native title by consent under s 87 of the Native Title Act 1993 (Cth)

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    INDUSTRIAL LAW - appeal from reasons of an Industrial Magistrate of the Industrial Relations Court of South Australia (IRCSA) and from orders of the South Australian Employment Tribunal (SAET) giving effect to those reasons - whether the SAET had jurisdiction to make orders. Held: the appeal from the reasons of the IRCSA is not competent - the SAET was vested with jurisdiction to make the orders under s 545(3) of the Fair Work Act 2009 (Cth). INDUSTRIAL LAW - application of the Australian Services Union (Qantas Airways Limited) Agreement (EA) - whether employees' positions had been properly classified under the EA - whether the Industrial Magistrate had determined the employees' classifications in the manner required by the EA. Held: the Industrial Magistrate failed to observe the requirement of the EA that classifications be determined by "working up the scale" of classifications and this error had affected his determination - accordingly, the orders of the SAET were effected by its reliance on the IRCSA reasons - appeal allowed.

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    CORPORATIONS - scheme of arrangement - application for orders to convene meeting of creditors

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    CORPORATIONS - scheme of arrangement - application for orders to convene meeting of shareholders

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    COSTS - where indemnity costs sought - whether rejection of offer of compromise unreasonable

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    PRACTICE AND PROCEDURE - subpoena duces tecum - application to set aside subpoenas issued to other party to the litigation - subpoena process ought not be used to circumvent the restrictions on discovery in the Federal Court Rules - issue of subpoena an abuse of process - document sought did not relate to any issue in the proceedings

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    PRACTICE AND PROCEDURE - application for leave to file further amended statement of claim - where pleading does not disclose any intelligible cause of action - summary dismissal under general powers of the Court - where respondents would be unfairly prejudiced by further iterations of pleadings - proceeding summarily dismissed

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    MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where the Refugee Review Tribunal (Tribunal) found that the appellant had provided inconsistent information in his statutory declaration and his oral claims to the Tribunal - where the appellant stated in his statutory declaration that it was a "summary" and "not an exhaustive statement" of his claims and that he will provide further information of his claims during his interview with a Departmental officer - where the Tribunal did not refer to the transcript of the interview between the appellant and a Departmental officer in its reasons for decision - whether the primary judge erred in failing to find that the Tribunal engaged in irrational or illogical reasoning, or constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks by failing to consider relevant information in concluding that the appellant had given inconsistent evidence - whether the primary judge erred in failing to find that the Tribunal constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks, by failing to consider information concerning prison conditions in Sri Lanka in concluding there was not a real risk that the appellant would be subjected to treatment constituting significant harm for the purposes of s 36(2)(aa) of the Migration Act 1958 (Cth) - Held: appeal allowed, with costs

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    PRACTICE AND PROCEDURE - adjournment of trial sought following the withdrawal of solicitors a week prior to trial - where new lawyers engaged with effectively one business day to prepare - where but for that engagement there would have been no legally trained persons to act as an effective contradictor in complex litigation - adjournment request granted

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    ARBITRATION - international arbitration - where award creditor brought proceedings to enforce award obtained in Singapore - where award debtor sought to set aside the award in part in the High Court of the Republic of Singapore - where award debtor applied under s 8(8) of the International Arbitration Act 1974 (Cth) to adjourn award enforcement - adjournment granted on condition that award debtor provide security for full amount of the award plus interest - where award debtor failed to provide security and then when into voluntary administration - application by award creditor under s 440D of the Corporations Act 2001 (Cth) for leave to proceed with enforcement application notwithstanding voluntary administration - leave granted

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    CORPORATIONS - scheme of arrangement - whether appropriate to approve scheme - procedural irregularity - low voter turnout - scheme approved

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    PRACTICE AND PROCEDURE - patents - application to set aside a notice to produce seeking documents recording or evidencing an assessment of the invalidity and proposed amendments to the Australian patent in suit and overseas equivalents - where the documents were sought in support of the respondent's defence to an interlocutory injunction application rather than the patentee's interlocutory application to amend the patent in suit pursuant to s 105 of the Patents Act 1990 (Cth) - notice to produce set aside

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