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Lastest Judgments from the Federal Court

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    CORPORATIONS - cross-vesting application - application to cross-vest Federal Court proceedings to the Supreme Court of Western Australia - application brought pursuant to s 133H of the Corporations Act 2001 (Cth) - whether the cross-vesting is in the 'interest of justice' - considerations relevant to an application for cross-vesting - where, having regard to the interests of justice, it is 'more appropriate' for the proceeding to be determined by the Supreme Court

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    COSTS - where proceedings for trade mark infringement and appeal against decision refusing applications for registration filed by alleged infringer dismissed - where proceedings heard together - costs orders - whether indemnity costs order appropriate - whether global costs order appropriate.

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    CORPORATIONS - where the office of a director of a company was purportedly declared vacant at a directors' meeting which the relevant director did not attend - where the relevant director did not speak English and lived overseas - whether the relevant director was absent from directors' meetings for six consecutive months - whether the relevant director received reasonable notice of those directors' meetings - whether a declaration should be made declaring that the purported vacation of the office of director is rescinded, void or to no effect and that the relevant person remains a director of the company - application dismissed.

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    PRACTICE AND PROCEDURE - application for joinder under rule 1.32 of the Federal Court Rules 2011 (Cth) - where Council of the Law Society of the ACT not named as a respondent in proceedings - where orders of the ACT Civil and Administrative Tribunal the subject of the applicant's application were made by consent in proceedings between the applicant and Council of the Law Society of the ACT - finding that Council of the Law Society of the ACT should have been joined as respondent to proceeding

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    INSURANCE - business interruption insurance - damage to steel mill - claim for loss of gross profits over indemnity period - reduction in turnover - adjustments for business operating for less than 12 months - adjusted rate of gross profit - adjusted standard turnover - scope and application of insurance policy - counterfactual production profile of steel mill - increased cost of working - additional increased cost of working - claim preparation costs - methodology of quantification - progress payments - allocation of amounts already paid to heads of claim - calculation of interest - s 57 of Insurance Contracts Act 1984 (Cth)

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    MIGRATION - appeal from single judge of the Federal Court of Australia - application for Skilled (Residence) Class VB visa - Minister found applicant failed character test and refused visa - whether primary judge erred in finding that Minister's decision was vitiated by jurisdictional error - whether Minister's reasoning as to risk of reoffending under s 501(6)(d)(i) was illogical or irrational, or whether failed to give proper, genuine and realistic consideration to the link between applicant's alcohol consumption and offending - whether Minister overlooked, failed to consider or failed to give proper, genuine and realistic consideration to psychologist's report in exercising discretion to refuse to grant a visa- appeal upheld

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    MIGRATION - appeal from the Federal Circuit Court of Australia - fast track review process - apprehended bias - where the Secretary of the Department of Immigration and Border Protection provided documents to the Immigration Assessment Authority containing information that was said to be prejudicial - where the documents contained information about a criminal conviction, charges, and the appellant's conduct while in immigration detention - whether the information was relevant to the review - whether the decision of the Authority was affected by apprehended bias

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    TRADE MARKS - appeal from delegate's decision - lack of distinctiveness - s 41 of Trade Marks Act 1995 (Cth) - appeal allowed

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    ADMINISTRATIVE LAW - application for judicial review - classification of shotgun for purpose of importation - whether decision was authorised under the relevant regulations - where respondent submits that email was an expression of opinion with no legal effect - whether there was a "decision...under an enactment" - application dismissed

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    MIGRATION - appeal from a decision of a Judge of the Federal Court of Australia - primary judge dismissed application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to refuse to revoke the cancellation of a visa under s 501(3A) of the Migration Act 1958 (Cth) - whether the appeal should be adjourned to enable the appellant to obtain legal representation - whether primary judge's refusal to adjourn judicial review application was procedurally unfair - whether, in making his decision under s 501CA(4), the Assistant Minister considered the appellant's ties to Australia - whether Assistant Minister considered the impact of the revocation of the appellant's visa on his children and family - appeal dismissed

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    MIGRATION - refusal of a protection visa application - whether the Tribunal failed to consider the appellant's claims cumulatively - whether the Tribunal failed to assess deprivation of freedom of worship - appeal dismissed

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    MIGRATION - refusal of a protection visa application - whether the Tribunal failed to consider the risk of serious harm or real risk of significant harm to the appellant - appeal dismissed

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    MIGRATION - application for extension of time within which to seek leave to appeal - application for leave to appeal from interlocutory decision - competency of application - application dismissed

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    CORPORATIONS - insolvency - directions to administrators as to reasonableness of proposed conduct - extension of time for compliance with requirements of s 443B - whether appropriate to limit liability of administrators in relation to proposed conduct - entitlement of affected parties to seek variation of orders

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    STATUTORY INTERPRETATION - whether the term "partner" in s 10(1)(a) of the Assisted Reproductive Treatment Act 2008 (Vic) (the Act) should be construed as requiring the consent of the partner with whom a person is seeking IVF treatment and not otherwise - whether s 10(1)(a) of the Act should be construed such that the term "spouse" within the definition of "partner" in s 3 of the Act refers only to spouses who live together on a genuine domestic basis, such that the applicant's estranged husband, who is living separately and apart from the applicant, is not her "spouse" for the purposes of s 10(1)(a) and the applicant is not required to obtain her estranged husband's consent to undergo IVF treatment using donor sperm HUMAN RIGHTS - Discrimination - if, on the proper construction of s 10(1)(a) of the Act, the applicant is required to obtain her estranged husband's consent to undergo IVF treatment, does that give rise to direct or indirect discrimination on the ground of marital or relationship status contrary to s 22 of the Sex Discrimination Act 1984 (Cth) CONSTITUTIONAL LAW - if s 10(1)(a) of the Act is inconsistent with s 22 of the Sex Discrimination Act 1984 (Cth), is it invalid or inoperative under s 109 of the Constitution - consideration of the scope of consequential declaratory relief

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    PRACTICE AND PROCEDURE - appeal from judgment of Federal Circuit Court of Australia - application to introduce grounds of appeal raising arguments not raised before primary judge - all other grounds abandoned - appellant legally represented throughout - no evidence given of reason for failing to advance arguments previously - grounds assumed to have prima facie merit - grounds not raising matters of general importance - consideration of stakes for protection visa applicant should leave be refused - application of s 37M of the Federal Court of Australia Act 1976 (Cth) - leave to introduce new grounds refused - appeal dismissed

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    CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme - where foreign shareholders - where voting intention statements - orders made

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    MIGRATION - application for extension of time to file notice of appeal from decision of Federal Circuit Court - where applicant claimed to be a follower of Yiguan Dao -where Administrative Appeals Tribunal made adverse credibility findings - whether proposed notice of appeal raises any grounds of review that have sufficient prospects of success to justify extension of time

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    MIGRATION - protection visa - assessment by Immigration Assessment Authority - invalid s 473GB certificate - information in the invalid certificate was "new information" and should have been dealt with in accordance with s 473DE - failure to give particulars of information a jurisdictional error - mistaken treatment of information as protected confidential information was a further jurisdictional error

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    PRACTICE AND PROCEDURE - strike out application - application to strike out statement of cross-claim alleging contravention of s 596AB of the Corporations Act 2001 (Cth) - application for strike out dismissed

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