CORPORATIONS - appeal from a declaration that the appellant was not a creditor of a company in liquidation - where the appellant submitted that the primary judge mischaracterised two payments made to repay a debt - where the primary judge found that those payments were made on behalf of another company rather than on the payer's own behalf - where the appellant submitted that the payments were made by the payer on its own behalf in its capacity as guarantor of the debt and that upon making that payment it was subrogated to the rights of the bank - whether the appeal should be allowed - appeal dismissed.
Marra Capital Investments Pty Ltd, in the matter of Tri-City Trucks (NSW) Pty Ltd (in liq) v Smith (liquidator) [2018] FCAFC 211
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EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214
MIGRATION - protection visa - whether Immigration Assessment Authority failed to consider an integer of the applicant's claim - whether finding of absence of occurrence of threat to applicant rendered it unnecessary to consider other sources of fear of harm - whether finding on specific and relevant integer subsumed in general finding which does not mention integer
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Ransley v Deputy Commissioner of Taxation [2018] FCA 1796
TAXATION - tax treatment of net profits realised from sale and exchange of shares - whether net profits assessable as ordinary income or on capital account - appeal to Court and application for review to Tribunal - concurrent hearing - applicant involved in business operation or commercial transaction - shares held and sold on revenue account - profits assessable as ordinary income - application for review and appeal to be dismissed
TAXATION - administrative penalties - recklessness - whether taxpayer's position reasonably arguable - safe harbour exemption inapplicable - penalty upheld
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ANA18 v Minister for Home Affairs [2018] FCA 1854
MIGRATION - Safe Haven Enterprise Visa refused and IAA affirming decision - general grounds of review made to Federal Circuit Court - general grounds of appeal advanced to Federal Court - to whether the IAA denied applicant procedural fairness - whether IAA considered all claims and integers of claims advanced by the applicant
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DDG16 v Minister for Immigration and Border Protection [2018] FCA 1874
MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - where Tribunal made adverse credibility findings against the appellant - whether findings were open to the Tribunal - appeal dismissed
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ACZ17 v Minister for Immigration and Border Protection [2018] FCA 1855
MIGRATION - Protection visa application - review of decision of Administrative Appeals Tribunal - whether the Tribunal erred by failing to take into account relevant considerations - whether the Tribunal acted without jurisdiction - whether the Tribunal erred by failing to assess the applicant's claims - denial of procedural fairness - whether the Tribunal erred by failing to verify the genuineness of documents - no jurisdictional error - application dismissed
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AFU17 v Minister for Immigration and Border Protection [2018] FCA 1877
MIGRATION - application for leave to appeal from Federal Circuit Court of Australia - protection visa - application dismissed
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SZOAH v Minister for Immigration and Border Protection [2018] FCA 1902
MIGRATION - protection visas - where decision on review concerns the complementary protection criterion - where the Federal Circuit Court dismissed the applications for judicial review - where no jurisdictional error
Held: appeal dismissed
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Singh v Minister for Immigration and Border Protection [2018] FCA 1903
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Rouxelle v Minister for Immigration and Border Protection [2018] FCA 1852
MIGRATION - Removal of unlawful non-citizen from Australia - where applicant had filed application for extension of time to appeal at time of removal - whether applicant had reasonable time and reasonable access to facilities to obtain legal advice and bring legal proceedings for injunctive relief in order to prevent removal
PRACTICE & PROCEDURE - Application for extension of time - application dismissed as moot in absence of applicant from Australia
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Rodchompoo v Minister for Home Affairs [2018] FCAFC 215
MIGRATION - appeal from Federal Court of Australia - where appellant's class BF transitional (permanent) visa cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where delegate of the Minister for Home Affairs refused to revoke visa cancellation - where Administrative Appeals Tribunal affirmed delegate's decision - where primary judge dismissed application for judicial review of the Tribunal's decision - where appellant's adjournment request in this Court refused - where Tribunal's decision adopted much of Minister's written submission - whether error disclosed in reasons of primary judge - appeal dismissed
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Hill & Smith Holdings PLC v Safe Barriers Pty Ltd [2018] FCA 1882
PRACTICE AND PROCEDURE - application for discovery - action for infringement of patent - respondent's cross-claim - allegation of false suggestion - allegation of inutility - whether proposed discovery irrelevant - whether discovery sought oppressive - whether categories too broad
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EII17 v Minister for Immigration and Border Protection [2018] FCA 1863
PRACTICE AND PROCEDURE - migration appeals from the Federal Circuit Court - where Grounds of Appeal raise different arguments to the arguments previously relied upon - consideration of recurring difficulties presented by unrepresented litigants - the desirability of the Federal Circuit Court more actively engaging in the identification of potential legal error
ADMINISTRATIVE LAW - reasonable opportunity to be heard - where Appellant claimed to suffer anxiety and depression - whether mental condition of party denied reasonable opportunity to be heard
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Twentyman v Secretary, Department of Social Services [2018] FCA 1892
PRACTICE AND PROCEDURE - application for extension of time to file appeal from decision of Administrative Appeals Tribunal - where accepted that explanation for delay adequate - where appeal ground at least arguable - extension of time granted - appeal dismissed
SOCIAL SECURITY - disability support pension - decision to suspend or cancel pursuant to s 81(3) Social Security (Administration) Act 1999 (Cth) - where recipient of social security payment failed to comply with a notice given under s 68 Social Security (Administration) Act 1999 (Cth) - where Administrative Appeals Tribunal found that applicant had not advised of his departure overseas, as he was obliged to do - where Administrative Appeals Tribunal found that decision to suspend, and then cancel, applicant's disability support pension was "rational and proportionate"
ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal pursuant to s 44 Administrative Appeals Tribunal Act 1975 (Cth) - whether rule in Browne v Dunn and s 2A Administrative Appeals Tribunal Act 1975 (Cth) required applicant to be cross-examined - whether rule in Browne v Dunn applies to review proceedings in the Administrative Appeals Tribunal - whether s 2A Administrative Appeals Tribunal Act 1975 (Cth) imports a rule akin to Browne v Dunn - whether applicant denied procedural fairness - whether discretion of Administrative Appeals Tribunal to cancel disability support pension was exercised unreasonably
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Mohajan v Minister for Immigration and Border Protection [2018] FCA 1893
MIGRATION - application for Skilled Nominated (Permanent) (class SN) (subclass 190) visa - failure to satisfy cl 190.216 of Schedule 2 to the Migration Regulations 1994 (Cth) - failure to satisfy PIC 4020 - finding that appellant provided information that was false or misleading in a material particular
ADMINISTRATIVE LAW - judicial review - failure to consider documents - unreasonableness - where primary judge found no jurisdictional error - appeal dismissed
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AOV18 v Minister for Home Affairs [2018] FCA 1871
MIGRATION - appeal from refusal by the Federal Circuit Court of application to review decision of the Immigration Assessment Authority - whether the Authority misconstrued s 473DD of the Migration Act 1958 (Cth) and failed to take into consideration country information that post-dated the delegate's decision - where Authority made adverse credibility finding concerning appellant's evidence on basis of implausibility - no jurisdictional error - appeal dismissed
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Dalby Bio-Refinery Ltd v Allianz Australia Insurance Limited [2018] FCA 1806
INSURANCE - industrial special risks insurance policy - referee reports adopted by consent - construction of exclusion clause - Wayne Tank principle - meaning of spontaneous combustion - proximate cause of loss - irrelevance of possible antecedent causes - application dismissed
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Kaur v Minister for Home Affairs [2018] FCA 1834
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DCJ16 v Minister for Immigration and Border Protection [2018] FCA 1865
PRACTICE AND PROCEDURE - application for leave to file a further amended notice of appeal incorporating new grounds
MIGRATION - appeal from the Federal Circuit Court - whether the primary judge erred in failing to conclude that the reasons of the Immigration Assessment Authority were affected by legal unreasonableness and failed to give genuine and realistic consideration to relevant information
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Acuna Plaza v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1887
MIGRATION - application for extension of time - where certain factual findings by primary judge accepted to be wrong - application granted
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