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Lastest Judgments from the Federal Court

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    MIGRATION - appeal from a single judge decision upholding a decision of the Administrative Appeals Tribunal (Tribunal) not to grant the appellant a protection visa - whether the primary judge correctly considered whether the Tribunal had complied with s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether the test requiring there to be "strong evidence" for having "serious reasons for considering" a person to be complicit in crimes against humanity was correctly applied - whether the primary judge erred in refusing to admit evidence on the appeal - where none of the grounds of appeal was made out - appeal dismissed

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    ADMINISTRATIVE LAW - appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal - whether Tribunal misconstrued Ministerial Determination IMMI 11/088 made under s 23A of the Australian Citizenship Act 2007 (Cth)

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    MIGRATION - protection visa - appeal from decision of Federal Circuit Court dismissing application for judicial review - where no error on part of Federal Circuit Court identified

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    PRACTICE AND PROCEDURE - application for leave to amend the Originating Application and Statement of Claim - Applicants have no reasonable prospect of successfully prosecuting the pleaded claims against the Respondent - Applicants will not be able to establish that they have suffered actionable loss - application refused. PRACTICE AND PROCEDURE - application to constitute the action as a representative proceeding pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) - application refused. PRACTICE AND PROCEDURE - application for summary dismissal of the proceedings under s 31A(2) of the FCA Act and rr 26.01(1)(a), 26.01(1)(c) and 26.01(1)(d) of the Federal Court of Australia Rules 2011 (Cth) - Applicants have no reasonable prospect of establishing that, as individuals, they suffered actionable loss - application allowed.

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    MIGRATION - application pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection not to grant a class (XA) protection visa - where the applicant had a well-founded fear of serious harm amounting to persecution - where the Administrative Appeals Tribunal was satisfied there was a real reason for considering that the applicant was complicit in the commission of a crime or act contemplated by Art 1F(a) and (c) of the Convention Relating to the Status of Refugees - whether the Administrative Appeals Tribunal applied the correct legal test in relation to Art 1F - whether the Administrative Appeals Tribunal's decision was irrational, illogical or unreasonable - whether the Administrative Appeals Tribunal's decision complied with section 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) - where no question of law sustained - appeal dismissed

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    MIGRATION - appeal from Federal Court decision dismissing application for judicial review of Federal Circuit Court (FCC) decision - where FCC refused to extend time under subs 477(2), Migration Act 1958 (Cth), within which to seek judicial review of Tribunal decision affirming decision not to grant the appellant a protection visa - where FCC held that the proposed application lacked reasonable prospects of success - where appellant alleged Tribunal failed to consider an integer of his claims as to the impact of the imminent withdrawal of international security forces from Afghanistan - consideration of the scope of judicial review of a decision by FCC - appeal dismissed

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    MIGRATION - appeal from Federal Circuit Court - absence of engagement of grounds of appeal with any error by Federal Circuit Court - even if grounds beneficially construed so as to allege apprehended bias or unreasonableness on the part of the AAT - absence of merit in either ground. Held - appeal dismissed.

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    BANKRUPTCY AND INSOLVENCY - application for appointment as receiver and manager of trust property, in circumstances where the trustee was in liquidation - application allowed

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    CORPORATIONS - court appointed receiver and manager's application for payment of costs, expenses and remuneration

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    INDUSTRIAL LAW - unfair dismissal - Fair Work Act 2009 (Cth) Pt 3-2 - appeal from decision of primary judge to refuse judicial review application - whether ss 725 and 728 prevailed when considering in application under Pt 3-2 if dismissal occurred for proscribed reason based on applicant's claim that employer terminated him because he was a workplace representative

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    ADMINISTRATIVE LAW - Judiciary Act 1901 (Cth), s 39B - jurisdictional error - courts - application to the Federal Circuit Court of Australia for extension of time under Migration Act 1958 (Cth), s 477(2) refused because Anshun estoppel bound to succeed - merits of the proposed claim - whether merits considered on a final basis or on an impressionistic level - no jurisdictional error. MIGRATION - application to Federal Circuit Court of Australia for extension of time under Migration Act 1958 (Cth), s 477(2) - correct approach

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    MIGRATION - appeal from a decision of the Federal Circuit Court - whether the Federal Circuit Court had jurisdiction to review a decision to refuse to conduct an ITOA - whether the Minister was under an independent obligation to conduct an ITOA - whether under the circumstances the appellant was denied procedural fairness

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    MIGRATION - application for 457 visa - appeal from decision of the Federal Circuit Court to dismiss an application for judicial review of a decision of the Tribunal - where the Tribunal refused to approve a nomination and accordingly refused to grant the 457 visa - where the Tribunal had regard to an outdated version of the Australia and New Zealand Standard Classification of Occupations - whether Tribunal failed to correctly apply the relevant criteria, resulting in jurisdictional error in the decision not to approve the nomination - whether the Tribunal failed to take into account mandatory relevant considerations - whether the Tribunal took into account irrelevant considerations - whether the decision of the Tribunal was unreasonable in that it lacked a rational and intelligible basis - whether as a necessary consequence of jurisdictional error in the decision not to approve the nomination there was also jurisdictional error in the decision to refuse to grant the visa

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    PRACTICE AND PROCEDURE - representative proceedings - application for an amount to be set aside from the settlement fund to provide financial counselling to class members - application allowed

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    BANKRUPTCY AND INSOLVENCY - application to review decision of Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) - refusal by Registrar to adjourn hearing of creditors' petitions - sequestration orders made by Registrar - where bankrupts sought to prosecute an appeal in the Supreme Court of Queensland - where bankrupts alleged fraud in relation to liquidation of business operated by them - where creditor alleged "phoenix" activity by the bankrupts in relation to business operated by them

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    MIGRATION - appeal from refusal of application to review decision of Immigration Assessment Authority - where claim to a protection visa was based upon an alleged imputed association with the LTTE - whether Federal Circuit Court erred in finding no jurisdictional error - appeal dismissed

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    CORPORATIONS - declaratory relief and pecuniary penalties sought for admitted contraventions of s 798(1) the Corporations Act 2001 (Cth) by reason of admitted breach of ASIC Market Integrity Rules (ASX Market) 2010 (Cth) - consideration of language used in r 5.7.1(b) and r 5.7.2(b) - where penalty agreed - consideration of factors relevant to assessment of penalty - whether penalty should be imposed for an amount less than the amount specified in previous infringement notice - agreed penalty approved

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    CONSUMER LAW - admitted contraventions of s 18, subss 29(1)(g), 29(1)(i) and 29(1)(m), Australian Consumer Law - misleading or deceptive representations made in advertisements published in newspapers across Australia in relation to hearing aids and the Australian Government Hearing Program subsidising the cost of hearing products and services for eligible consumers - consideration of principles in relation to determining whether to give effect to an agreed penalty and other agreed orders - where public importance in sending a strong message of deterrence with respect to conduct directed towards a vulnerable class, namely, elderly Australians in receipt of government pensions - where high degree of co-operation by the respondents with the ACCC and contraventions admitted

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