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Lastest Judgments from the Federal Court

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    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

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    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

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    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"

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    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

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    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

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    MIGRATION - Judicial review - whether failure to properly consider all claims - whether denied an opportunity to comment on a claim - whether jurisdictional error

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    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

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    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.

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    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

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    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

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    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

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    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.

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    MIGRATION - application for extension of time and leave to appeal - whether adequate reason provided for delay - whether proposed appeal meritorious

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    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.

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    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.

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    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

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