Articles on this Page
- 11/20/18--19:21: _Ahmad v Minister fo...
- 11/20/18--19:21: _Korea Shipping Corp...
- 11/20/18--19:21: _Leadenhall Australi...
- 11/20/18--19:21: _CPJ15 v Minister fo...
- 11/20/18--19:21: _Pirini v Minister f...
- 11/20/18--19:21: _CTD17 v Minister fo...
- 11/20/18--19:21: _Captiv8 Pty Limited...
- 11/20/18--19:21: _Transport Workers' ...
- 11/20/18--19:21: _Bellou v Victoria U...
- 11/20/18--22:49: _EXV17 v Minister fo...
- 11/20/18--22:49: _DNQ17 v Minister fo...
- 11/20/18--22:49: _CCD17 v Minister fo...
- 11/20/18--22:49: _CZT17 v Minister fo...
- 11/21/18--23:03: _Herbert v American ...
- 11/21/18--23:03: _Plankton Australia ...
- 11/21/18--23:03: _DYT16 v Minister fo...
- 11/21/18--23:03: _Singh v Minister fo...
- 11/21/18--23:03: _EGN17 v Minister fo...
- 11/21/18--23:03: _Ashraf v Minister f...
- 11/21/18--23:03: _Sekhon v Minister f...
- 11/20/18--19:21: Korea Shipping Corporation v Lord Energy SA  FCAFC 201
- 11/20/18--19:21: Pirini v Minister for Home Affairs  FCA 1812
- 11/20/18--19:21: CTD17 v Minister for Home Affairs  FCA 1786
- 11/20/18--19:21: Captiv8 Pty Limited (in liquidation) v Bodger  FCA 1801
- 11/20/18--19:21: Bellou v Victoria University  FCA 1794
- 11/20/18--22:49: EXV17 v Minister for Home Affairs  FCA 1780
- 11/20/18--22:49: CZT17 v Minister for Home Affairs  FCA 1817
- 11/21/18--23:03: Herbert v American Express Australia Limited  FCA 1790
PRACTICE AND PROCEDURE - application for adjournment of appeal inferred from email sent late the night before appeal hearing - lateness of application - no medical evidence provided - held: application dismissed
ADMIRALTY AND MARITIME - where debtor transferred to trustee title to the ship under trust for benefit of security holder - where ship registered in name of trustee held as security for debtor's performance of obligation to repay bank the value of bonds issued by debtor - whether debtor correctly determined to be beneficial owner of ship while she was held in trust for purposes of s 19(b) of Admiralty Act 1988 (Cth) - appeal allowed
PRACTICE AND PROCEDURE - application for leave to amend originating process and concise statement pursuant to r 8.21 of the Federal Court Rules 2011 - where plaintiff identified as company in liquidation and liquidator of company not included as party - where liquidator wishes to amend to bring Corporations Act 2001 (Cth) s 588FF(1)(c) claim against defendants - consideration of nature of "mistake"
INDUSTRIAL LAW - admitted contraventions by appellant of certain provisions of the Fair Work (Registered Organisations) Act 2009 (Cth) - departure by primary judge from the parties' common position that a single penalty should be imposed for the contraventions of s 172(1) and a single penalty should be imposed for the contraventions of s 231(1) - failure to disclose proposed departure from that common position - cannot be said that giving the appellant the opportunity to respond to proposed departure could not have changed outcome - procedural fairness - refixing of penalties
PRACTICE AND PROCEDURE - application for leave to amend pleadings - whether in the interests of administration of justice to grant leave - where amendment would substantially enlarge legal and factual scope of application - whether amendment sought oppressive - leave to amend in form proposed denied
MIGRATION - Judicial review - whether failure to properly consider all claims - whether denied an opportunity to comment on a claim - whether jurisdictional error
MIGRATION - Persecution - review of Immigration Assessment Authority's decision - visa - Safe Haven Enterprise Visa - refusal - failure to deal with an integer of a claim
ADMINISTRATIVE LAW - jurisdictional error - administrative inconsistency - inconsistency with prior administrative decision - whether evidence of identity of underlying facts and circumstances of each decision
MIGRATION - application for extension of time within which to seek leave to appeal - whether acceptable explanation for delay - whether reasonable prospects of success - Minister admitted no prejudice - assessment of merits of proposed grounds of appeal. Held - no merits - application dismissed.
MIGRATION - application for a Protection (Class XA) visa - whether the Tribunal failed to consider all of the appellant's relevant claims - whether the Tribunal misconstrued or did not consider the appellant's claims - whether the Tribunal misapplied the test of real and significant harm - no jurisdictional error made out - amended application dismissed
PRACTICE AND PROCEDURE - application for representation by a non-lawyer - where unrepresented Applicant applied to be represented by her husband - where case involves significant factual and legal complexity - where husband has proved incapable of providing adequate assistance - where Applicant able to make submissions on her own behalf - leave refused
PRACTICE AND PROCEDURE - summary judgment - where Respondents applied for summary judgment on the basis that the proceeding was vexatious - where substantially similar proceedings commenced in other courts and tribunals - where claims previously resolved - where Applicant raised exaggerated and unfounded claims and claims with no justifiable basis - judgment entered in favour of the Respondents
PRACTICE AND PROCEDURE - application for pleading to be struck out - whether pleading contains vexatious material - whether pleading ambiguous - whether pleading an abuse of the process of the Court - whether pleading likely to cause prejudice, embarrassment or delay - claim struck out - whether liberty should be granted to re-plead
PRACTICE AND PROCEDURE - vexatious proceedings orders - application to prohibit the institution of further proceedings - whether proceeding vexatious - whether Cross-respondents have frequently instituted vexatious proceedings - whether Cross-respondents have frequently conducted vexatious proceedings - consideration of appropriate form of orders
APPEAL - primary proceeding a trial - consideration of the evidence before the primary judge and his Honour's analysis - where the same material examined on appeal - whether the primary judge's findings were "glaringly improbable" - no appellable error found
CONTRACTS - appeal from the primary judge's finding that no legally binding contract had been formed between the relevant parties - whether his Honour erred in failing to find the parties formed a contract - whether his Honour erred in unduly focusing on language, failing to give surrounding circumstances any or sufficient consideration or failing to have appropriate account of post-contractual conduct
CONSUMER LAW - misleading or deceptive conduct - whether his Honour erred in failing to find a reasonable party would have concluded there was a binding agreement
ESTOPPEL - where estoppel claim based upon representation - where representation alleged was not found
Held: no appellable error
MIGRATION - appeal from Federal Circuit Court - whether Authority misapprehended content of well-founded fears of persecution - referment by Authority to s 5J of Migration Act 1958 (Cth) - consequential factual evaluation against statutory test - findings of fact as to no serious harm reasonably open. Held - appeal dismissed.
MIGRATION - application for extension of time and leave to appeal - whether adequate reason provided for delay - whether proposed appeal meritorious
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant a safe haven enterprise visa - whether primary judge failed to give adequate reasons - whether Authority's decision in a number of respects was contradictory, unreasonable and illogical and, whether Authority failed to apply the "what if I am wrong test" - whether the primary judge erred in dismissing the application for judicial review - appeal dismissed.
MIGRATION - application for judicial review of a decision of the Federal Circuit Court (the FCC) affirming the refusal of a Subclass 485 Graduate Work stream visa - new grounds that were not raised in the FCC included in these proceedings - new grounds of appeal are not reasonably arguable - no jurisdictional error identified - application dismissed.
MIGRATION - application for a student visa refused for failure to provide evidence of English proficiency and financial capacity - application for leave to appeal judgment of Federal Circuit Court principles relevant to fresh grounds of appeal and leave to appeal - leave to advance fresh grounds of appeal refused - leave to appeal refused