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Lastest Judgments from the Federal Court

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    BANKRUPTCY - appeal - application for orders reversing trustees' decision not to admit a proof of debt in full and for a personal insolvency agreement to be set aside - personal insolvency agreement set aside by primary judge - whether primary judge should have set aside personal insolvency agreement - whether personal insolvency agreement calculated to benefit creditors generally - where debtor has a cross-claim - no error established in primary judge determining issues raised by cross-claim necessary to form a view as to whether proof of debt should have been admitted in full - appeal dismissed

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    PRACTICE AND PROCEDURE - interlocutory application in regard to further discovery - whether material relevant - where material already in appeal book. Held - application allowed in part.

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    PRIMARY INDUSTRY – consideration of the regulatory arrangements established under the National Measurement Act 1960 (Cth) concerning the approval of a pattern (design) for a milk flowmetering system for the accurate measurement of the transfer of milk from the refrigerated vat on a dairy farm to a transport tanker and from the tanker to the storage vats of a milk processor – consideration of the conditions of approval of the pattern – consideration of the provisions of the Act relating to examination and approval of patterns, verification of compliance of instruments with the relevant requirements, certification and use – consideration of whether the affixing of an approval number to particular measuring instruments without the approval of the applicant engages misleading or deceptive conduct or conduct likely to mislead or deceive and whether such conduct amounts to passing off. STATUTES – consideration of a wide range of provisions of the National Measurement Act 1960 (Cth) and the Regulations made under that Act

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    CONSUMER LAW - contraventions of the Australian Consumer Law by a credit reporting body - misleading or deceptive representations and unconscionable conduct - consideration of principles in relation to fixing an appropriate penalty - Court cannot be satisfied that agreed position between the parties is not an appropriate remedy even though absent agreement the Court would have imposed larger penalties for serious unconscionable conduct - agreed orders made with agreed variation in relation to a consumer redress scheme

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    PRACTICE AND PROCEDURE - application to amend pleadings - whether amendments commence on date of amendment - where group redefined and new representation cases raised - where pleading particularised by cross-reference to statement of agreed facts in ACCC proceeding

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    PRACTICE AND PROCEDURE – consideration of the final form of the relief to be granted arising out of the trial of the separate questions consequent upon the Judgment published in relation to the separate questions described as Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479

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    MIGRATION - s 501 of Migration Act 1958 (Cth) - prior criminal convictions led to failure of character test and cancellation of visa - whether there was legal unreasonableness in the decision of the Minister

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    PATENTS - infringement - pharmaceutical product - oral contraceptive - combination of ethinylestradiol and drospirenone - s 115(1)(a) of Patents Act 1990 (Cth) - whether specification framed in good faith and with reasonable skill and knowledge - corporate patentee - drafter taken to have patentee's knowledge - knowledge patentee reasonably should be taken to have had DAMAGES - loss of profits on lost sales - quantification of damages - compensatory - estimation - probabilities of hypothetical counterfactual - loss of opportunity - value of loss of opportunity - whether sale of each infringing product resulted in a lost sale of patented product - uncertainty - appropriate discount - whether other oral contraceptives substitutable - five-step methodology - price depression - sale of patentee's own generic product - reasonable response by patentee - causation - remoteness - relevant sales period to address price depression - pre-judgment interest - interest assessed on pre-tax loss - indemnity costs - r 25.14(3) of Federal Court Rules 2011 (Cth) - appeal allowed in part

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    PRACTICE AND PROCEDURE - application for an extension of time for the applicant to file a report on connection in respect of its native title determination application - application for non-party discovery under r 20.23 of the Federal Court Rules 2011 (Cth)

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    MIGRATION - protection visa - appeal from decision of Federal Circuit Court to dismiss application for review - whether Administrative Appeals Tribunal denied the appellant procedural fairness - where correspondence to Administrative Appeals Tribunal post hearing unanswered - where error on part of appellant or agent - content of procedural fairness on review - whether Federal Circuit Court denied the appellant procedural fairness by accepting Minister's affidavit prior to hearing - where appellant on notice of matter in issue

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    MIGRATION - entitlement to citizenship - where the applicant was born in China - where the applicant's claimed father is an Australian citizen - where no DNA testing was done to confirm whether the applicant's claimed father was in fact the biological father of the applicant - whether the applicant is an Australian citizen by descent under s 10B of the Australian Citizenship Act 1948 (Cth) and now an Australian citizen under s 4(b) of the Australian Citizenship Act 2007 (Cth) - whether non-publication orders should be made pursuant to s 37AF(1)(a) of the Federal Court of Australia Act 1976 (Cth) prohibiting the publication of information tending to reveal the applicant's identity and the identities of her litigation guardian and father - application allowed.

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    COSTS - payment of costs for failing to attend mediation

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    INSURANCE – claim for indemnity – application to transfer matter to Supreme Court of New South Wales – good faith litigation

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    PRACTICE AND PROCEDURE - application to amend cross-claim - allowed in part - discovery dispute

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    MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority - whether Authority failed to consider exercising its discretion under s 473DC - whether legally unreasonable for Authority not to consider exercising its discretion under s 473DC of the Migration Act 1958 (Cth) to invite the appellant to comment on "new information" - where "new information" was country information not specific to the appellant which was not before the Minister - where statutory scheme contemplates use of country information without affording the referred applicant an opportunity to be heard - where country information was not shown to give rise to any new issue and was not used in a way that was materially different to earlier country information before the Minister

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    PRACTICE AND PROCEDURE - interlocutory application brought by respondent seeking orders to strike out two allegations in the applicant's proposed second consolidated amended statement of claim - where applicant has brought proceedings against respondent alleging breaches of the Disability Discrimination Act 1992 (Cth) - where applicant seeks leave to file a second consolidated amended statement of claim - where respondent claims that two of the allegations fail to disclose a reasonable cause of action and/or is likely to cause prejudice, embarrassment or delay - finding that eleventh and fourteenth allegations fail to plead material facts - striking out of certain paragraphs - leave to re-plead those paragraphs refused

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

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    MIGRATION - consideration of the question of whether the Federal Circuit Court of Australia fell into error in concluding that no power resides in the Administrative Appeals Tribunal ("AAT") to extend the time for the making of an application for review of a Part 5 - reviewable decision under s 347(1)(b) of the Migration Act 1958 (Cth) ("Migration Act") – consideration of whether the AAT fell into jurisdictional error by concluding that the AAT had no power to extend the time for the making of an application under s 347(1)(b) of the Migration Act

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    ADMINISTRATIVE LAW - application for judicial review of decisions made by Clean Energy Regulator under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) - Regulator's decisions imposed conditions on declarations obtained by applicant that its projects were "eligible offsets projects" including a requirement for consent to be obtained from holders of an "eligible interest" - whether on proper construction of Act the conditions applied only to "sequestration projects" - whether conditions imposed were thus beyond power - conditions imposed not beyond power on proper construction of Act - application dismissed ADMINISTRATIVE LAW - cross-claim by native title holders seeking declarations that applicant had no "legal right to carry out" project - separate question identified regarding whether existence of such a right a jurisdictional fact on proper construction of the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) - separate question answered in the negative STATUTORY INTERPRETATION - Circumstances in which it is open to a Court to change or insert words into statute as an exercise in statutory construction - not an appropriate circumstance

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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 - cash transfer scheme - performance risk and interdependent obligations - where unsecured loan facilities provided by intended acquirer

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