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Lastest Judgments from the Federal Court

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    TRUSTS AND TRUSTEES - common intention constructive trust - whether registered owner held half interest in matrimonial home as constructive trustee for bankrupt spouse - whether bankrupt made indirect contributions to deposit and equity PRACTICE AND PROCEDURE - whether trial judge should have permitted common intention constructive trust case - whether common intention constructive trust case open on the pleadings - whether respondent prejudiced - where appellant did not seek to amend pleadings

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    MIGRATION - appeal from a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Minister acting personally to cancel the appellant's visa under s 501BA of the Migration Act 1958 (Cth) - whether "no evidence" - Held: appeal dismissed

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    PRACTICE AND PROCEDURE - Application for permanent stay of proceeding - whether delay in liquidator commencing proceedings and delays during the course of the proceeding and loss of documents means a fair trial is unable to be conducted - whether the defendants are unfairly prejudiced and further conduct of the proceeding amounts to an abuse of process - application for permanent stay dismissed

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    PRACTICE AND PROCEDURE - appeal from orders made below - whether the orders reveal erroneous reliance on non-relevant provisions of the National Disability Insurance Scheme Act 2013 (Cth) - whether to make declaratory orders

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    PRACTICE AND PROCEDURE - application for leave to appeal and consequential appeal from interlocutory orders of Federal Circuit Court - where there were no reasons for judgment in respect of these interlocutory orders - common law duty to provide reasons for judgment - importance of case management principles as a relevant consideration in respect of interlocutory orders having the consequence of adjourning a trial the hearing dates for which had been nine months in advance - procedural fairness obligation where parties informed of opportunity to make submissions with respect to final form of interlocutory orders would be extended but was not. Held - interlocutory orders set aside. PRACTICE AND PROCEDURE - discovery - width of discovery - orders for discovery made against trusts rather than members of trusts concerned - orders for discovery made in respect of issue admitted on existing pleadings and prior to joinder of issues on permitted amendment to statement of claim. Held - discovery order set aside.

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    MIGRATION - application for leave to appeal - where application for judicial review was dismissed at a show cause hearing in the Federal Circuit Court of Australia (FCCA) - whether the judgment of the FCCA is attended by sufficient doubt to warrant reconsideration - Held: application dismissed, with costs

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    COSTS - application by the respondent for its costs on an indemnity basis - where an offer of compromise was made in accordance with the Federal Court Rules 2011 (Cth) or, in the alternative, a Calderbank offer was made - whether the judgment was less favourable than the offers put by the respondent - whether the applicant should pay the respondent's costs on an indemnity basis - application for indemnity costs dismissed.

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    BANKRUPTCY - where a creditor seeks a monetary judgment against debtors as well as proprietary relief in respect of property vested in the bankruptcy trustee but of which the creditor claims it has an equitable charge over - whether leave should be granted pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) for the company to continue with the proceeding in relation to the monetary judgment claim - where the debtors oppose leave - application allowed.

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    COPYRIGHT- infringement - co-ownership of copyright - copyright licence - whether licence by one co-owner granted with other co-owner’s consent - whether bare or contractual licence -whether licence revocable at will CONSUMER LAW – passing off – misleading or deceptive conduct – misleading or false representation of association – whether use of trading name or style and logos represented an association of one law firm with another

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    PRACTICE AND PROCEDURE - interlocutory application - application for compliance with Court orders - Federal Court Rules 2011 (Cth) r 41.09 - substituted performance - whether grounds for relief met. Held - relief appropriate - substituted performance order granted.

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    MIGRATION - application for leave to appeal from judgment and orders of the Federal Circuit Court of Australia, summarily dismissing an application for judicial review of decision of the Administrative Appeals Tribunal refusing a protection visa - where certificates under s 438 of the Migration Act 1958 (Cth)

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    COSTS - application for lump sum costs order - quantification of lump sum costs order

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    NATIVE TITLE - interlocutory application for vacation of hearing dates and programming orders for separate question regarding overlap between three native title applications - funding not currently available to one native title applicant - circumstances in which it is appropriate to adjourn a hearing where a native title applicant is or may become self-represented - no certainty that funding would be granted at a future date - not appropriate in the circumstances to adjourn hearings - application dismissed PRACTICE AND PROCEDURE - principles relevant to whether a listed hearing should be vacated - consideration of impact on the administration of justice of adjournment of listed hearing - vacation of listing not warranted in the circumstances

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    PRACTICE AND PROCEDURE - consideration of an application to transfer a proceeding commenced in the Queensland Registry of the Court to the New South Wales Registry of the Court

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant Protection Visa - whether Immigration Assessment Authority failed to consider a claim - where claim was not raised - appeal dismissed

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    MIGRATION - appeal from Federal Circuit Court - refusal to grant Protection Visa - whether appellant faced a real chance of serious harm - whether Immigration Assessment Authority's decision legally unreasonable by reason of failure to consider exercising discretion to invite applicant to give new information - appeal dismissed

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    MIGRATION - appeal from a decision of the Federal Circuit Court dismissing an appeal from the Immigration Assessment Authority - where appellant entered Australia by sea at Territory of Ashmore and Cartier Islands - where Full Court of the Federal Court of Australia has declared that the purported appointment of an area of waters within the Territory of Ashmore and Cartier Islands as a proclaimed port was invalid - whether appellant was a fast track applicant - whether appellant was an unauthorised maritime arrival - whether Authority had jurisdiction PRACTICE AND PROCEDURE - application for summary judgment - where Minister conceded the Court was bound by DBB16 v Minister for Home Affairs [2018] FCAFC 178 and that it could not be distinguished

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    MIGRATION - application for judicial review - decision by the Administrative Appeals Tribunal not to revoke cancellation of visa - where grounds are not particularised - what constitutes unreasonableness - whether the Tribunal decision was unreasonable. Held - decision reasonably open to Tribunal on material before it. Application dismissed.

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