MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where Tribunal affirmed a decision to refuse the applicant's visa application - whether Tribunal failed to make a finding as to the best interests of applicant's child - whether Tribunal's assessment and balancing of the primary considerations and other considerations was legally unreasonable
Oluwafemi v Minister for Home Affairs [2018] FCA 1389
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Veeraragoo v Goldbreak Holdings Pty Ltd (No 2) [2018] FCA 1448
INDUSTRIAL LAW - application for imposition of pecuniary penalties and for compensation to be paid to employee - termination of employment - unpaid wages and leave entitlements - humiliation and distress - contraventions of Fair Work Act 2009 (Cth) - consideration of appropriate penalties - consideration of circumstances in which compensation may be ordered to be personally paid by a person involved in contravention - consideration of circumstances in which a single penalty amount may be assessed - factors relevant to penalty - whether penalty should be order to be paid to applicant - penalty imposed - compensation awarded
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Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453
NATIVE TITLE - determination of native title by consent pursuant to s 87 of Native Title Act 1993 (Cth) - appropriate to make orders
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Wheaton v Krawec [2018] FCA 1466
PRACTICE AND PROCEDURE - application for an extension of time to appeal from a decision of a Federal Court judge - where no evidence given - no basis for granting an extension - application dismissed
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Aucare Dairy (Aust) Pty Ltd v Huang (No 2) [2018] FCA 1428
PRACTICE AND PROCEDURE - application for adjournment of trial in order to fund and instruct new lawyers - whether applicant will suffer prejudice by conducting trial without adequate legal representation - whether evidence of funding for litigation sufficient - whether application should be denied due to prejudice to other litigants from further delay
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COA17 v Minister for Immigration and Border Protection [2018] FCA 1330
MIGRATION - application for Safe Haven Enterprise visa - where Immigration Assessment Authority affirmed decision of the Minister to refuse the visa - where Federal Circuit summarily dismissed and refused to reinstate application for judicial review - whether Federal Circuit Court committed jurisdictional error
PRACTICE AND PROCEDURE - application for leave to appeal from an interlocutory decision of Federal Circuit Court - where Federal Circuit Court refused to reinstate application for judicial review - where Federal Circuit Court summarily dismissed application for non-appearance of the applicant
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Kuterba v Sirtex Medical Limited [2018] FCA 1467
REPRESENTATIVE PROCEEDINGS - class member registration orders pursuant to s 33ZF - whether class closure orders should be made - balance of class members' interest in promoting settlement against impingement on participation and access to justice - where applicant opposes making of class closure orders - where class members to be directly notified using respondent's share register - where notice provides clear direction to register
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iNova Pharmaceuticals (Australia) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2018] FCA 1209
INTELLECTUAL PROPERTY - application for interlocutory injunctive relief - where applicant asserts that respondent engaged in misleading or deceptive conduct by advertising representations - where respondent launched advertising campaign allegedly representing that respondent's product provides up to four hours of relief, lasts longer than applicant's product, that the only material difference between products was longer lasting relief, and underlying scientific basis representations - where applicant seeks, inter alia, orders restraining further display or making of asserted representations - balance of convenience considerations - held: applicant sufficiently made out case for interlocutory injunctive relief to a prima facie standard, and with balance of convenience taken into account
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Minister for Home Affairs v Zadeh [2018] FCA 1452
PRACTICE AND PROCEDURE - stay application - application under s 44A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) for stay of direction of Administrative Appeals Tribunal pending determination of appeal - whether applicant had a reasonably arguable case on appeal - whether Tribunal's direction was arguably inconsistent with Ministerial Determination IMMI 11/088 and div 2, sub-div B of the Australian Citizenship Act 2007 (Cth) - whether balance of convenience favoured granting stay - where Minister gave undertakings to mitigate prejudice to the respondent
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Altintas v O'Dea Lawyers [2018] FCAFC 165
INDUSTRIAL LAW - question reserved by the South Australian Employment Tribunal (SAET) - the question concerns SAET's jurisdiction to hear and determine an appeal from an Industrial Magistrate exercising jurisdiction under the Fair Work Act 2009 (Cth) - whether the Federal Court has jurisdiction under s 26 of the Federal Court of Australia Act 1976 (Cth) to hear and determine the question - whether an appeal would lie to this Court from an appellate decision of the SAET in the subject action - whether s 69(13) of the Statutes Amendment (South Australian Employment Tribunal) Act 2016 (SA) vested the SAET with jurisdiction to hear the Appellant's appeal.
Held: SAET does not have jurisdiction to determine the Appellant's appeal - accordingly, an appeal would not lie from the SAET decision to this Court and this Court does not have jurisdiction to hear and determine the reserved question.
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CPL Notting Hill Pty Ltd v Microsoft Corporation [2018] FCA 1473
PRACTICE AND PROCEDURE - urgent interim injunction sought by appellants seeking stay of enforcement orders made by Federal Circuit Court of Australia - where decision has been appealed in Federal Court but not yet returnable before a Federal Court judge - where Federal Circuit Court judge did not provide written reasons within the period of the stay of enforcement orders - where Federal Circuit Court judge refused to permit parties to access transcript - interim injunction extending stay of enforcement orders granted
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EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462
PRACTICE AND PROCEDURE - appeal from a decision of the Federal Circuit Court - fast track reviewable decision of the Immigration Assessment Authority - where subpoena was issued to the first respondent requiring production of documents which the appellant contended may have been before the Secretary of the Department of Immigration and Border Protection - where appellant sought an order requiring further compliance with the subpoena - where Federal Circuit Court refused to order further compliance - whether decision to refuse further compliance was affected by error - whether principles in House v The King (1936) 55 CLR 499 engaged
MIGRATION - whether there was critical material before the Secretary which the Secretary failed to give to the Authority in breach of s 473CB(1)(c) of the Migration Act 1958 (Cth) with the consequence that the Authority's decision was affected by jurisdictional error
MIGRATION - whether Authority erred in declining to exercise its discretion to get "new information" under s 473DC(1) of the Migration Act 1958 (Cth) - whether Authority misconstrued discretion under s 473DC(1) as requiring "exceptional circumstances" within the meaning of s 473DD in order to decide to get "new information"
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Nugawela v Commissioner of Taxation [2018] FCA 1458
PRACTICE AND PROCEDURE - application for summary dismissal - appeal from decision of Administrative Appeals Tribunal dismissing applications to review decisions by Commissioner regarding objections to tax assessments - where appellant is bankrupt - where Tribunal found appellant lacked standing to progress applications - where trustee did not elect to continue proceedings - deemed abandonment pursuant to s 60(3) Bankruptcy Act 1966 (Cth) - where Tribunal failed to consider claim by bankrupt that proceedings should be adjourned pending determination of his application to review trustee's decision not to prosecute applications in the Tribunal - reasonably arguable that objection to trustee's decision provided standing to seek adjournment - application dismissed
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Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461
PRACTICE AND PROCEDURE - costs - company wound up - liquidator appointed - whether non-party director should pay costs of winding up application - where director played an active role in the litigation - where director substantially funded the litigation - where director had an interest in the litigation - where director procured the company to conduct its defence of the proceedings in a way which caused a likely increase in unrecoverable costs
PRACTICE AND PROCEDURE - costs - whether company and non-party director should pay costs on the indemnity basis - where evidence was materially misleading and shown to have caused an increase in the plaintiff's costs - where director knew the evidence was misleading - where proceedings were unduly prolonged by the making of groundless contentions or in wilful disregard for known facts
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Nugawela v Deputy Commissioner of Taxation [2018] FCA 1457
BANKRUPTCY AND INSOLVENCY - appeal against the dismissal of an application under s 39B Judiciary Act 1903 (Cth) - objection to competency of appeal - where appellant is bankrupt - where sequestration orders made against appellant - where sequestration orders stayed - where trustee did not elect to continue proceedings - consideration of principles regarding s 60(2) and s 60(3) of the Bankruptcy Act 1966 (Cth) - where abandonment by trustee does not operate to dismiss proceedings - where no standing to bring appeal - objection to competency upheld - appeal dismissed
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Deputy Commissioner of Taxation v Xpress Resources Pty Ltd [2018] FCA 1469
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Singh v Minister for Immigration and Border Protection [2018] FCAFC 162
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Tribunal - decision not to revoke cancellation of appellant's Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa following a "dob in" letter from a sponsor employer - whether Tribunal erred by failing to comply with s 359A of the Migration Act 1958 (Cth) by failing to communicate certain information in dob in letter - where evidence that appellant knew contents of dob in letter and gave evidence in reply to delegate and Tribunal - where the information in dob in letter not conveyed to appellant was exculpatory and would not have been a reason to affirm the decision of the delegate - finding that Tribunal had no obligations under s 359A in relation to the dob in letter - appeal dismissed
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Tribunal - decision not to permit appellant's husband to be joined as a party to proceedings - where husband granted visa as part of appellant's family unit - where husband's visa automatically cancelled with appellant's visa under s 137T of the Migration Act 1958 (Cth) - whether the delegate's decision to cancel the appellant's visa gave husband rights under s 338(3) of the Migration Act 1958 (Cth) - finding that the husband's visa was cancelled by force of statute - no administrative decision had been made with respect to husband - appeal dismissed
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CUU17 v Minister for Immigration and Border Protection [2018] FCA 1464
MIGRATION - application for extension of time in which to appeal from decision of Federal Circuit Court - where applicant claims Tribunal failed to consider a claim - where applicant claims Tribunal failed to make a finding on a substantial, clearly articulated argument that violence was politically motivated because it occurred around election time - finding that the Tribunal did understand that political violence could happen during elections - finding that applicant had not clearly articulated the argument - finding that Tribunal properly considered claims relating to applicant's father - application refused
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ALH16 v Minister for Immigration and Border Protection [2018] FCA 1468
MIGRATION - appeal from decision of Federal Circuit Court - whether Tribunal erred in considering 2012 DFAT information - where information considered was contradicted by more recent DFAT information - where information considered was contradicted by other country information that appellant put before Tribunal - appeal allowed
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Australian Securities and Investments Commission v AGM Markets Pty Ltd (No 2) [2018] FCA 1470
CORPORATIONS - administrative process to cancel or suspend financial services licence - concurrent application for winding up - interference with administration of justice - unconscientious exercise of legal rights - anti-suit injunction - injunction application refused - temporary stay of court proceeding granted
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