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Lastest Judgments from the Federal Court

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    MIGRATION - Where application for review of delegate's decision received by Tribunal out of time - where notification of visa refusal received in junk mail - no jurisdictional error - no jurisdiction of the Federal Circuit Court - no original jurisdiction of the Federal Court - original jurisdiction of the High Court. EVIDENCE - Whether screenshot constituted a business record - whether screenshot demonstrated that notification had been received by the appellant

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    MIGRATION - appeal from a decision of the Federal Circuit Court dismissing application for review of a decision of the Administrative Appeals Tribunal affirming refusal of application for protection visa - whether primary judge erred in failing to find jurisdictional error in Tribunal's approach - whether Tribunal failed to consider an integer of a claim articulated by the appellant - consideration of cases and principles regarding failure to consider a particular claim or part of claim - appeal dismissed

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    MIGRATION - appeal from a decision of a single Justice of the Federal Court of Australia - where the Assistant Minister determined under s 501CA(4) of the Migration Act (Cth) (the Act) not to revoke a mandatory decision to cancel the appellant's visa under s 501(3A) of the Act - where the appellant was provided with material which he was told might be taken into account in making the decision whether to revoke the visa cancellation decision - whether the primary judge erred in finding that there was no procedural unfairness - whether the appellant was given practical, direct and non-misleading advice as to how material disclosed to him might be used by the Assistant Minister - Held: appeal allowed, with costs

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    PRACTICE AND PROCEDURE - discovery - order for standard discovery - whether respondents had complied with that order - whether order should be made for more extensive or particular discovery

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    CORPORATIONS - application to wind up company on just and equitable grounds - winding up order made CORPORATIONS - application by administrator to be appointed as liquidator - winding up order made on basis of matters including evidence of misconduct by directors - whether administrator appointed by directors would be independent and seen to be independent - consideration of matters bearing upon whether administrator would be seen to be independent - appearance of requisite independence not demonstrated - application dismissed - provisional liquidators appointed as liquidators

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    MIGRATION - appeal from decision of the Federal Circuit Court; whether the Authority failed to exercise or failed to consider to exercise its discretion to obtain new information; whether the Authority failed to assess certain claims; whether the Authority failed to consider or misapplied the test in considering the appellant's claim for complementary protection

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    CORPORATIONS - application by trustee seeking declarations to void transactions against trustee pursuant to s 120 and/or s 121 of the Bankruptcy Act 1966 (Cth) and s 37A of the Conveyancing Act 1919 (NSW) - parties resolved proceeding by agreement - whether appropriate to order the transfer of the bankrupt's shares in a company to the trustee under s 175 of the Corporations Act 2001 (Cth) where the company had no directors and there was no proposal to appoint a director - trustee provided satisfactory undertaking - application granted

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    PRACTICE - discovery - in Judicial Review proceedings - relevance - where discovery application is a "fishing" exercise

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    MIGRATION - protection visa - appeal from decision of the Federal Circuit Court to dismiss application for judicial review - whether Administrative Appeals Tribunal misinterpreted country information - where appellant would return as person with a criminal conviction - where inferences drawn from appellant's access to resources in Australia - where delay in applying for protection visa - 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 of arrangement - transfer scheme where acquirer to pay cash

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    PRACTICE AND PROCEDURE - application for costs to be taxed and payable forthwith - application dismissed

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    PRACTICE AND PROCEDURE - application to set aside parts of subpoena - where it is "on the cards" that documents may materially assist issuing party - application dismissed

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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 - where award creditor granted leave by court under s 440D of the Corporations Act 2001 (Cth) to proceed with enforcement application notwithstanding voluntary administration - where administrators seek orders for liberty to apply when award enforced - where administrators seek order that award creditor may not enforce judgment without leave of the court - orders sought by administrators not granted

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    MIGRATION - appeal from judgment of Federal Circuit Court - student visa - failure to appear by appellant - appeal dismissed

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    WORKERS' COMPENSATION - whether employee was entitled to compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether injury to be regarded as "arising out of, or in the course of ... employment" for the purposes of s 5A(1)(b) - proper construction of s 6(1)(b) and 6(3)

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    TRUSTS AND TRUSTEES - trustee's right of indemnity - application of rights of indemnity against trust assets in circumstances where corporate trustees are insolvent CORPORATE INSOLVENCY - company carried on business as trustee of a trading trust - trustee company now in deed administration - application of the statutory priorities regime to proceeds from the realisation of trust assets - whether there is an appreciable difference between insolvency procedures - consideration of the Full Court's decision in Killarnee and the Victorian Court of Appeal's decision in Re Amerind - where there is no relevant distinction between deed administration as opposed to a liquidation, warranting departing from Killarnee - order sought made

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    MIGRATION - protection visa - appeal from judgment of Federal Circuit Court of Australia dismissing application for judicial review - grounds of appeal raising arguments not advanced in judicial review proceedings - one proposed ground identifying error affecting original decision - original decision having independent basis not affected by error - error not material in requisite sense - error not jurisdictional

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    MIGRATION - costs - whether appeal succeeded on ground not raised or comprising only a 'sliver' of appellant's argument before primary judge - whether appellant should be awarded costs of the proceedings below

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    MIGRATION - appeal from unsuccessful application to Federal Circuit Court for judicial review of decision by Administrative Appeals Tribunal affirming refusal to grant protection visa - where Tribunal held no real chance of serious harm - whether primary judge erred in finding Tribunal had considered all relevant circumstances - whether Tribunal failed to consider extent of chance of harm together with factors personal to appellant when considering whether relocation would be reasonable - whether primary judge erred in finding Tribunal did not have to consider matters under UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan - consideration of relevant principles regarding failure to consider a matter raised in the context of an application for a protection visa - consideration of principles regarding relocation - no jurisdictional error - appeal dismissed

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