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Lastest Judgments from the Federal Court

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    CORPORATIONS - Pecuniary penalty - declarations of contraventions - compliance program - bank bill market - trading in prime bank bills - Bank Bill Swap Reference rate (BBSW) - bank accepted bill futures - interest rate swaps - cross-currency swaps - market manipulation - artificial price in traded BBSW referenced products - financial market - false or misleading appearance in a market - false or misleading appearance with respect to price for trading - unconscionable conduct - financial instruments referencing BBSW - non-disclosure of rate set trading practice to counterparties - statutory unconscionability - contraventions of the then s 12CC of Australian Securities and Investments Commission Act 2001 (Cth) - penalty imposed - declarations and other orders made

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    MIGRATION - protection visa - appeal from decision of Federal Circuit Court dismissing application for review - where claim to fear harm from extremist groups and because of doubt as to support for mental health issues - where no valid appeal grounds enunciated - where no jurisdictional error on part of Immigration Assessment Authority or Federal Circuit Court identified

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    CONTRACTS - Commissioner agreed to forbear from taking recovery action against applicants in respect of tax related liabilities until outcome of challenges to liabilities - consideration of proper construction of the terms of the agreement - whether security had to be provided within 30 days before agreed forbearance would operate - whether applicants provided required security - whether Commissioner bound to forebear from enforcing liabilities - whether principles of relief against forfeiture or unconscionability apply - application dismissed

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    PRACTICE AND PROCEDURE - application for approval of settlement of proceedings concerning discrimination claims - Held: appropriate that settlement approved, application granted

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    MIGRATION - judicial review of decision of the Administrative Appeals Tribunal - Tribunal held there was not "another reason" why the original cancellation decision should be revoked and affirmed decision of delegate of the Minister - whether jurisdictional error in Tribunal's decision

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    PRACTICE AND PROCEDURE - application for striking out of particular paragraphs in the Statement of Claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) (the FCR) - whether the Statement of Claim sufficiently pleads the necessary material facts - particular paragraphs struck out. PRACTICE AND PROCEDURE - application for discovery pursuant to r 20.14 of the FCR - pleadings have not been finalised - order for discovery made of a specific subset of documents - remainder of application dismissed.

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    ADMIRALTY - where debtor as settlor transferred to trustee legal title to ship under trust for benefit of security holder - where ship registered in name of trustee hold as security for debtor's performance of obligation to repay bank the value of bonds issued by debtor - where term of bonds fixed but agreement referred to earlier possible repayment in full when trust would come to an end - whether debtor legally unable to regain legal title to ship by repaying bonds early in full - where trust established under Korean Trust Act for specific purpose of trustee holding debtor's ship as security for sum needed to redeem bonds - whether debtor was beneficial owner of ship while it was held in trust for purposes of s 19(b) of Admiralty Act 1988 (Cth) - whether debtor's interest in ship analogous to mortgagor's equity of redemption

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    CORPORATIONS - application for orders pursuant to s 411(1) of the Corporations Act 2001 (Cth) that the Plaintiff convene meetings of Ordinary shareholders and Performance shareholders to consider schemes of arrangement - application for an order pursuant to s 411(1) of the Corporations Act approving the explanatory statement to accompany notices of the meetings - orders pursuant to s 411(1) made.

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    PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge dismissed application for interim suppression order - orders of primary judge not attended by sufficient doubt to warrant grant of leave to appeal - application dismissed

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    PRACTICE AND PROCEDURE - whether the Court should make an order pursuant to ss 37AE, 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth) suppressing part of the Court's Reasons for Judgment in support of a final order dismissing the whole of the present proceeding on the ground that such an order is necessary to prevent prejudice to the proper administration of justice

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    PRACTICE AND PROCEDURE - application to amend defence to rely on a scheme approved under the Professional Standards Act 1994 (NSW) - no explanation for delay - whether permitting the defence is consistent with the overarching purpose in s 37M(1) of the Federal Court of Australia Act 1976 (Cth) - whether the plaintiffs are prejudiced - where granting the defence would delay hearing - application refused

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    NATIVE TITLE - where applicant filed a claimant application for a determination of native title - where the parties have agreed on the terms of a native title determination which gives effect to the reasons for judgment in Margarula v Northern Territory of Australia [2016] FCA 1018 - Court satisfied that it is appropriate to make orders

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    CONSUMER LAW - joint application for declarations of contravention and penalty by consent - whether conduct specified in proposed declarations and agreed statement of facts constitutes contravention - whether agreed facts sufficient to assess agreed penalty

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    ADMINISTRATIVE LAW –applicant a registrable offender under the Sex Offenders Registration Act 2004 (Vic) – judicial review of a decision of the Chief Commissioner of Police (Vic) in response to an application for permission to travel for the purposes of s 271A.1 of the Criminal Code (Cth) – terms of permission – whether irrelevant considerations – whether decision unreasonable – whether denial of natural justice – application dismissed.

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    MIGRATION - application for an extension of time to appeal from the judgment and orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - Federal Circuit Court held that the Tribunal's decision was not affected by jurisdictional error - Held: application refused, with costs

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    CORPORATIONS - application to fill vacancies in the office of liquidator or deed administrator of nine companies pursuant to s 473A and s 90-15(3)(c) of Sch 2 of the Corporations Act 2001 (Cth) - liquidators resigned to pursue other opportunities after two accounting firms merged - proposed replacement liquidators and deed administrators are from the merged firm - application granted

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    CORPORATIONS - scheme of arrangement - supplementary disclosure - orders to reconvene meeting and despatch supplementary booklet

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    MIGRATION - review of the decision of the Assistant Minister for Home Affairs - visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) - decision not to revoke visa cancellation - whether there was a jurisdictional error in the Assistant Minister's reasons - application dismissed

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    MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal to affirm Minister's decision to refuse visa under s 501 of the Migration Act 1958 (Cth) - where at late notice lawyer representing applicant did not appear at Tribunal hearing - whether applicant was denied procedural fairness by not being afforded more time - consideration of significance of 84 day period under s 500(6L)(c) of the Act - whether applicant had been notified of refusal to grant visa in accordance with s 501G(1) - whether Tribunal was in error in failing to dismiss the application on procedural grounds - no failure to afford applicant procedural fairness - no jurisdictional error - application dismissed

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