INCOME TAX - withholding payments - where primary judge found respondent was entitled to a credit for amounts said to be withheld from salary or wages paid to her pursuant to s 18-15(1) of Sch 1 to the Taxation Administration Act 1953 (Cth) - whether primary judge erred in accepting the veracity of the respondent's purported PAYG payment summaries, payslips and written offers of employment - where Commissioner of Taxation contended that the documents had either not been properly proven or were a recent invention - whether respondent had been given proper notice of the contention of recent invention - whether primary judge erred in failing to draw an inference from respondent's failure to call certain witnesses
Commissioner of Taxation v Cassaniti [2018] FCAFC 212
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Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913
INDUSTRIAL LAW - adverse action - where Applicant dismissed - where action taken for reasons which included the incapacity of the Applicant - whether adverse action taken because of the Applicant's mental disability - consideration of the meaning of "disability" - whether action taken because of the inherent requirements of the particular position - calculation of compensation - quantification of penalty
COMPETITION - where employer dismissed employee - whether unconscionable conduct in trade or commerce - whether dismissal of employee "in trade or commerce" - whether dismissal of employee "unconscionable"
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DFP16 v Minister for Immigration and Border Protection [2018] FCA 1901
MIGRATION - appeal from Federal Circuit Court affirming decision of the Immigration Assessment Authority to refuse visa application - whether primary judge erred in failing to find jurisdictional error in Authority's decision - whether Authority acted on a misunderstanding of the nature and extent of the statutory prohibition in s 473DD of the Migration Act 1958 - jurisdictional error found - appeal allowed and matter remitted to Authority
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King, in the matter of Zetta Jet Pte Ltd [2018] FCA 1932
CORPORATIONS - application by US Chapter 7 Trustee for recognition in Australia of foreign non-main proceeding - consideration of date on which establishment should be assessed
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BFF16 v Minister for Immigration and Border Protection [2018] FCA 1910
MIGRATION - oral application for amending notice of appeal - oral application for adjournment - grounds of appeal fail to engage in reasons of primary judge. Held - application for amended notice of appeal allowed - application for adjournment refused - appeal dismissed.
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Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) [2018] FCA 1891
CORPORATIONS - application to modify requirements of Corporations Act 2001 (Cth) to provide notice of first meeting of creditors and administrators' declaration of independence electronically
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FMF17 v Minister for Home Affairs [2018] FCA 1906
MIGRATION - application for extension of time to file an application for leave to appeal - where Federal Circuit Court dismissed a judicial review application of Immigration Assessment Authority decision - whether proposed appeal has any reasonable prospect of success - whether Immigration Assessment Authority considered all relevant information - whether Immigration Assessment Authority's decision was unreasonable and irrational - where there was no error - application dismissed
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BEC17 v Minister for Immigration and Border Protection [2018] FCA 1884
MIGRATION - appeal from orders and a judgment of the Federal Circuit Court of Australia (FCCA) - whether leave should be granted for the appellant to raise two grounds of appeal which were not raised in the FCCA below - whether there is a sufficient explanation as to why the proposed grounds of appeal were not raised in the FCCA below - whether the proposed grounds of appeal have sufficient merit to justify leave being granted - Held: leave refused for the appellant to rely upon two proposed grounds of appeal. Leave granted for the appellant to rely upon a third proposed ground of appeal, but the appeal be dismissed with costs
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DJH16 v Minister for Immigration and Border Protection [2018] FCA 1885
MIGRATION - application for an extension of time to appeal from a judgment and orders of the Federal Circuit Court of Australia - where the primary judge found that a decision of the Immigration Assessment Authority (IAA) refusing the applicant a protection visa was not affected by jurisdictional error - whether the applicant provided a sufficient explanation for the delay in bringing the present proceedings - whether there are sufficient prospects of success of the appeal to warrant the grant of an extension of time - Held: application dismissed, with costs
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BIY17 v Minister for Immigration and Border Protection [2018] FCA 1914
MIGRATION - appeal from the Federal Circuit Court - whether the primary judge erred in failing to find that the Administrative Appeals Tribunal failed to consider certain claims made by the appellant
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BDC17 v Minister for Immigration and Border Protection [2018] FCA 1899
MIGRATION - Safe Haven Enterprise Visa application - out of time - application to set aside orders made when applicant failed to appear - application dismissed
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Dennis v Commonwealth Bank of Australia [2018] FCA 1908
PRACTICE AND PROCEDURE - application for leave to appeal against Federal Circuit Court judgment - where Federal Circuit Court proceeding was summarily dismissed - where applicant alleges respondent breached responsible lending obligations by denying a temporary loan - where applicant alleges apprehended bias against primary judge - where applicant has shown arguable case of apprehended bias - leave to appeal granted.
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Kiraig Pty Ltd (Trustee) v Rent the Roo Pty Ltd [2018] FCA 1904
CONTRACTS - appeal from orders made by the Federal Circuit Court - where the primary judge found certain contractual clauses were void for uncertainty - where the respondent conceded that the appellant was never heard on this issue - where the respondent's notice of contention propounded that the primary judgment should be affirmed on other grounds - whether the primary judge erred in failing to find that the respondent breached certain contractual clauses - whether the appellant was entitled to damages plus interest - appeal allowed.
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AXR18 v Minister for Home Affairs [2018] FCA 1894
MIGRATION - appeal from the Federal Circuit Court - new information - unreasonableness - failure by the Immigration Assessment Authority to consider material - no error in primary judge's reasons - appeal dismissed
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CVO15 v Minister for Immigration and Border Protection [2018] FCA 1604
MIGRATION - appeal from the Federal Circuit Court of Australia - Administrative Appeals Tribunal affirmed the decision of the delegate to refuse to grant protection visa - whether the Tribunal failed to consider a relevant consideration or considered an irrelevant consideration - whether the interpretation difficulties at the Tribunal hearing amounted to jurisdictional error - whether the Tribunal erred in its application of the test for complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth) - appeal dismissed
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Deputy Commissioner of Taxation v Ausmart Services Pty Ltd [2018] FCA 1912
CORPORATIONS - ex parte application for appointment of provisional liquidators - whether reasonable prospect that winding up order will be made - whether good reason shown for placing the affairs of the company under external control prior to hearing of winding up application
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Ngarluma Aboriginal Corporation RNTBC v Ramirez [2018] FCA 1900
CORPORATIONS - Constitution and legal capacity - Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) - Constitution of company - directors - meetings - where directors resolved to accept membership applications - validity of purported resolutions - whether board competent where number of directors below prescribed minimum - whether quorum achieved - construction of rules in Constitution - whether obligation to consult with elders - whether proper consultation - whether contraventions of rules are irregularities that can be validated by the court - whether substantial injustice
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Deputy Commissioner of Taxation v Shi [2018] FCA 1915
PRACTICE AND PROCEDURE - ex parte application for freezing orders - whether real risk of removal or dissipation of assets
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Fairfax Media Limited, in the matter of Fairfax Media Limited (No 2) [2018] FCA 1930
CORPORATIONS - scheme of arrangement - application for court approval of scheme pursuant to Corporations Act 2001 (Cth) s 411(4)(b) - whether proxy forms valid - whether independent report valuation methodology provided sufficient disclosure to shareholders - whether alternate "proposal" ought to have been put to scheme meeting - approval granted
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Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213
MIGRATION - appeal from decision of Federal Court of Australia affirming decision of Administrative Appeals Tribunal to refuse visa where appellants skilled migrant visa was cancelled under s 501(2) of the Migration Act 1958 (Cth) where appellant was convicted of child sex offences whether Tribunal fell into jurisdictional error in assessment of expert evidence or appellants risk of re offending no jurisdictional error appeal dismissed
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