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Lastest Judgments from the Federal Court

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    PRACTICE AND PROCEDURE - application for leave to lead evidence at the trial - application opposed - where no reasonable or adequate explanation for delay - where evidence sought to be relied on related to a "collateral" issue - where other party would suffer prejudice if leave was granted - where questions about admissibility of evidence - application refused

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    MIGRATION - where the Minister for Home Affairs (Minister) overturned a decision of the Administrative Appeals Tribunal and cancelled the applicant's visa under s 501BA of the Migration Act 1958 (Cth) (the Act) - whether the Minister's cancellation decision was based on an incorrect understanding of the law that non-refoulement obligations would necessarily be fully considered in assessing any future visa application by the applicant - whether the Minister's satisfaction that it was in the national interest to cancel the applicant's visa was a satisfaction that was obtained reasonably - whether the Minister failed to take into account a relevant consideration that when the applicant was granted a protection visa in 2006, the Minister's delegate had found that the then Minister was satisfied that it was in the national interest to grant the applicant the visa - whether the Minister's decision to cancel the applicant's visa was legally unreasonable in that the Minister concluded there remained an ongoing risk and possibility of the applicant reoffending, when it was alleged that this conclusion did not flow logically from other findings - Held: amended application dismissed, with costs

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    TRADE MARKS - whether the pleaded television commercial was a use by the respondent of "snake man" or "snakeman" as a trade mark CONSUMER LAW - whether the pleaded television commercial represented to adult consumers in Australia that the man depicted in the advertisement was "the snakeman" - whether the television commercial represented to adult consumers in Australia that there was a connection or association between the applicant and the respondent PRACTICE AND PROCEDURE - separate questions, pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) - whether if the answers to the three substantive questions was no, the originating application (as amended) should be dismissed, in whole or in part

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    BANKRUPTCY - appeal - observations on importance of bankruptcy jurisdiction and for bankruptcy not to be used as a debt collecting mechanism in relation to solvent debtors - unusual circumstances of orders for costs made by District Court judge giving rise to debt which required consideration being given as to whether the debt resulted from a miscarriage of justice - fundamental defect in bankruptcy notice - appeal allowed and application for sequestration order against three debtors dismissed

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    ADMINISTRATIVE LAW - judicial review of a decision of a delegate of the respondent to cancel the applicant's approval as a provider of child care services under s 195H(1)(b) of A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) PRACTICE AND PROCEDURE - stay application - whether delegate's decision should be stayed until completion of respondent's internal review - whether there is a serious question to be tried - whether balance of convenience favours granting a stay

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    MIGRATION - proceedings commenced by way of an application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia refusing to set aside an order dismissing an application for non-appearance and, subsequently, by way of an application under s 39B of the Judiciary Act 1903 (Cth) - where the applicant received no hearing - consideration of the discretion afforded under r 16.05 of the Federal Circuit Court Rules 2001 (Cth) - consideration of MZYEZ - where reinstatement was appropriate applying the 'fundamental principle' identified by Rich J in Cameron v Cole. Held:appeal allowed; and s 39B application dismissed

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    PRACTICE AND PROCEDURE - application for discovery - electronic discovery using keyword search terms - scope of interrogatories in lieu of discovery

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    CONSUMER LAW - whether respondent's advertisements for analgesic drug contravened Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) - misleading or deceptive conduct - false or misleading representations - conduct liable to mislead as to nature or characteristics of goods - comparative advertising - whether representations conveyed - whether adequate scientific foundation for representations as to superiority of respondent's analgesic over applicant's competing analgesic, and over certain other analgesics - contraventions found CONSUMER LAW - cross-claim - whether applicant's advertisements for analgesic drug contravened Australian Consumer Law - misleading or deceptive conduct - false or misleading representations - conduct liable to mislead as to nature or characteristics of goods - comparative advertising - whether representations conveyed - whether adequate scientific foundation for representation as to superiority of applicant's analgesic over respondent's competing analgesic - contravention found

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    MIGRATION - non-revocation of visa cancellation - review by the Administrative Appeals Tribunal - judicial review of Tribunal decision - requirement of Tribunal to comply with Ministerial directions PRACTICE AND PROCEDURE - unrepresented parties - consideration of role of the Court - consideration of obligations of "model litigant"

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    CONSTITUTIONAL LAW - whether primary judge had jurisdiction to determine dispute between lead applicant to Pt IVA proceeding and funder - whether there was a matter before the Court - whether the dispute was in federal jurisdiction - where lead applicant claimed input tax credits for solicitors' fees on behalf of funder - where lead applicant claimed equitable set-off against funder with claim for reasonable costs

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    BANKRUPTCY - appeal against refusal to set aside Bankruptcy Notice - whether any grounds for setting aside notice - whether appellant had established any basis on which a cross-demand might be set up - appellant required extension of time in which to comply with Bankruptcy Notice - whether time ought to be extended - whether any evidence of possible cross-demand PRACTICE AND PROCEDURE - application for adjournment of appeal - where appeal had been set down for hearing in the usual manner - where no sufficient ground raised to justify adjournment - where self-represented appellant able to advance arguments on appeal - application to adjourn refused

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    CORPORATIONS - scheme of arrangement - second Court hearing - whether scheme under s 411(4)(b) of the Corporations Act 2001 (Cth) should be approved - application allowed.

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    EDUCATION - penalties - where multiple contraventions of ss 117(1) and 121 of the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act) by first respondent and where second respondent involved in those contraventions - where first respondent contravened ss 117 and 121 of the NVR Act by providing, or offering to provide, Vocational Education and Training (VET) courses or parts of VET courses, and purporting to issue VET statements of attainment, at a time when it had ceased to be a registered training organisation as a result of its non-compliance with relevant standards and requirements - where respondents admitted contraventions - where joint statement of agreed facts - where agreed submission on appropriate range of penalties - where co-operation on the part of the respondents

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    INDUSTRIAL LAW - penalties - contraventions of ss 340, 343, 494, 500 of the Fair Work Act 2009 (Cth) - quantification of penalties - primary objective of deterrence - considerations to be taken into account in quantifying penalties - consideration of relevance of maximum penalty - requirement to impose separate penalties for separate contraventions - imposition of penalties where multiple contraventions arise from a common set of facts - application of the course of conduct principle - application of the totality principle - consideration of the need for parity in penalties - consideration of relevance of loss caused by contravening conduct - consideration of relevance of the size and nature of a contravening organisation - consideration of relevance of submissions in the process of quantifying penalties

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    MIGRATION - appeal from a decision of a Federal Circuit Court judge raising two grounds of appeal - where leave sought by appellant to raise two further grounds of appeal - where grounds of appeal allege that the Federal Circuit Court failed to find that the Tribunal erred - whether Tribunal erred by determining without a logical and probative basis that evidence relied upon by appellant was false - finding that Tribunal did have logical and probative basis for such a finding - whether Tribunal erred in providing little weight to corroborative letters - finding that it was open to Tribunal to give little weight to corroborative letters - whether Tribunal erred in its consideration of letter from a doctor regarding the appellant's medical state - finding that it was open to the Tribunal to isolate information gaps in the letter - finding that Tribunal had no obligation to furnish those information gaps to the appellant given appellant had provided the letter to the Tribunal - whether Tribunal's political influence from the Australian government gives rise to apprehended bias - finding of no evidence to support a claim of apprehended bias - appeal dismissed - leave to raise two new grounds of appeal refused

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    MIGRATION - appeal from Federal Circuit Court dismissing appeal from Immigration Assessment Authority - whether Authority had jurisdiction to review delegate's decision to refuse visa - whether Appellant properly notified of refusal to grant visa - whether Appellant was a 'fast track applicant' - whether Appellant entered migration zone at Territory of Ashmore and Cartier Islands - whether Western Lagoon of Ashmore Reef validly proclaimed to be a port STATUTES - Migration Act 1958 (Cth) s 5(5) - meaning of the word 'port'

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    BANKRUPTCY - appeals from decision of single judge of Federal Court of Australia to dismiss applications to set aside appellants' bankruptcy notices - where bankruptcy notices issued as appellants failed to pay debts arising from taxation of costs certificate issued against them in related proceeding - where appellants argued that notices should be set aside due to offsetting claim - whether debt the subject of offsetting claim efficaciously assigned to appellants - whether primary judge erred in extending time for compliance with bankruptcy notice in absence of application - whether taxation of costs certificate misleading or defective - appeals dismissed BANKRUPTCY - appeal from another decision of single judge of Federal Court of Australia to grant application to set aside respondent's bankruptcy notice - where bankruptcy notice issued as respondent failed to pay debt incurred as trustee arising from taxation of costs certificate issued against him in related proceeding - whether bankruptcy notice an abuse of process - appeal dismissed

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    PRACTICE AND PROCEDURE - application for leave to appeal an interlocutory judgment pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) - FCC Judge refused application to recuse himself on the basis of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that the FCC Judge might not bring an impartial and unprejudiced mind to the resolution of the dispute - whether the FCC Judge was actually biased - leave to appeal refused

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    CONTEMPT OF COURT - contempt of the Australian Crime Commission punishable as contempt of Federal Court - Respondent in contempt of Australian Crime Commission by refusing to answer questions - sentence of imprisonment until further order imposed.

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    BANKRUPTCY - appeals from decision of single judge of Federal Court of Australia to dismiss applications to set aside appellants' bankruptcy notices - where bankruptcy notices issued as appellants failed to pay debts arising from taxation of costs certificate issued against them in related proceeding - where appellants argued that notices should be set aside due to offsetting claim - whether debt the subject of offsetting claim efficaciously assigned to appellants - whether primary judge erred in extending time for compliance with bankruptcy notice in absence of application - whether taxation of costs certificate misleading or defective - appeals dismissed BANKRUPTCY - appeal from another decision of single judge of Federal Court of Australia to grant application to set aside respondent's bankruptcy notice - where bankruptcy notice issued as respondent failed to pay debt incurred as trustee arising from taxation of costs certificate issued against him in related proceeding - whether bankruptcy notice an abuse of process - appeal dismissed

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