MIGRATION - application for leave to appeal decision of Federal Circuit Court - application to reinstate application for judicial review dismissed for non-attendance - principles applicable to application for reinstatement - where no satisfactory explanation for non-attendance - where no reasonably arguable prospects of success on substantive application - no error disclosed in refusal to reinstate application - application dismissed
Harsev v Minister for Immigration and Border Protection [2018] FCA 1890
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Whitby v ZG Operations Australia Pty Ltd [2018] FCA 1934
INDUSTRIAL LAW - whether applicants were employees under the Fair Work Act 2009 (Cth) and/or the Superannuation Guarantee (Administration) Act 1992 (Cth) - whether applicants were workers under the Long Service Leave Act 1955 (NSW) - consideration of relevant factors - assessing totality of relationship
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BSE17 v Minister for Home Affairs [2018] FCA 1926
MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - whether Tribunal acted without evidence or illogically - whether Tribunal failed to consider an integer of the appellant's claim or failed to take into account relevant information - appeal dismissed
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DWQ16 v Minister for Immigration and Border Protection [2018] FCA 1916
MIGRATION - appeal from Federal Circuit Court of Australia - protection visa - where Tribunal referred to and relied on country information - whether failure to comply with s 424A of the Migration Act - appeal dismissed
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Capilano Honey Limited, in the matter of Capilano Honey Limited (No 2) [2018] FCA 1925
CORPORATIONS - application to approve a scheme pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) - scheme designed to effect a takeover of the target company - where there are cash and scrip alternatives as scheme consideration - where the scrip consideration is shares in a proprietary company which is the holding company of the bidder - where proposal described as a "stub equity" proposal by a private equity consortium which will hold a majority of the shares issued by the bidder's holding company - where acceptances for scrip consideration are received from more than 50 members of the target company - where scrip consideration will be issued to a custodian for target company shareholders who elected to receive scrip consideration - where ASIC refused to provide a "no objection" letter under s 411(17)(b) of the Corporations Act - whether the scheme was proposed for the purpose of enabling a person to avoid the operation s 606 or s 650C of the Corporations Act - whether the use of the custodian structure was contrary to public policy - application granted
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AMB15 v Minister for Home Affairs [2018] FCA 1928
MIGRATION - refusal of a protection visa application - whether there was jurisdictional error in the decision of the Tribunal - whether procedural fairness was denied - appeal dismissed
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Swiss Re Life & Health Australia Ltd v Public Trustee of Queensland (No 3) [2018] FCA 1918
INSURANCE - application under s 215 of the Life Insurance Act 1973 (Cth)
EQUITY - forfeiture rule
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Huon Aquaculture Group Limited v Minister for the Environment (No 2) [2018] FCA 1938
COSTS - application of Hardiman principle - where appropriate alternative contradictors
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Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936
CONSUMER LAW - Australian Consumer Law s 255 - safe harbour provisions - country of origin representations - whether fish oil and vitamin D capsules substantially transformed in Australia - where fish oil and vitamin D imported into Australia - where Applicant seeks to continue using 'Australian Made' logo on product
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Commonwealth of Australia, in the matter of ACN 093 117 232 Pty Ltd (in liquidation) v ACN 093 117 232 Pty Ltd (in liquidation) [2018] FCA 1922
BANKRUPTCY AND INSOLVENCY - application to appoint special purpose liquidator for specific purposes - company restructure resembled impermissible phoenix activity - where allegation that general purpose liquidator provided advice in relation to the phoenix activity - where that allegation is denied - limit to the special purpose liquidators investigations of the general purpose liquidators conduct - where the special purpose liquidators purpose excluded investigations in relation to the general purpose liquidators conduct of the liquidation - held, application granted
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DNB16 v Minister for Immigration and Border Protection [2018] FCA 1953
MIGRATION - appeal from a decision of the Federal Circuit Court - whether primary judge should have found that Administrative Appeals Tribunal (the Tribunal) fell into jurisdictional error - whether Tribunal denied the appellant procedural fairness by failing to provide hard copies as well as a CD of a Freedom of Information request - allegation of apprehended bias - whether Tribunal failed to consider appellant's evidence - appeal dismissed
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Begum v Minister for Immigration and Border Protection [2018] FCA 1954
MIGRATION - application for an extension of time within which to appeal decision - where first and second respondents refused to grant to the applicant a Medical Treatment (Class UB) visa - where applicant never eligible to apply for visa by reason of the applicable regulations - application dismissed
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EGV17 v Minister for Immigration and Border Protection [2018] FCA 1941
MIGRATION - protection visa - application for extension of time to seek leave to appeal the decision of the Federal Circuit Court of Australia - application for adjournment refused - insufficient merit in the ground proposed to be advanced
Held: application refused
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DNV16 v Minister for Home Affairs [2018] FCA 1888
MIGRATION - no appearance by appellant - no error in judgment of Federal Circuit Court - application dismissed.
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Murphy v Minister for Home Affairs [2018] FCA 1924
MIGRATION - application for review of decision of Administrative Appeals Tribunal to refuse to overturn delegate's decision not to revoke the mandatory cancellation of applicant's visa under s 501 of the Migration Act 1958 (Cth) due to applicant's criminal offending - whether Tribunal erred in drawing an inference concerning the risk to the Australian community posed by applicant - whether Tribunal's conclusion on risk posed by applicant open on the evidence - findings made by Tribunal open on the evidence - application dismissed
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Pham v Minister for Immigration and Border Protection [2018] FCA 1946
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BAQ16 v Minister for Home Affairs [2018] FCA 1772
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - where first respondent refused an application for a Protection (Class XA) visa - where Administrative Appeals Tribunal made adverse credibility findings - whether the decision of the Federal Circuit Court was affected by jurisdictional error
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Wun v CellOS Software Ltd [2018] FCA 1947
CORPORATIONS - calling of general meetings by members - whether company board cancelled or postponed meeting of members - interaction between terms of company constitution and s 249F of Corporations Act 2001 (Cth) - whether Board had power to postpone Shareholders' meeting called under s 249F of the Corporations Act 2001 (Cth) - power of company board to postpone Shareholders' meeting called under s 249F of Corporations Act 2001 (Cth) validly exercised.
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Minister for Home Affairs v HSKJ [2018] FCAFC 217
MIGRATION - appeal from the Federal Court - where the primary judge ordered that the Tribunal's decision affirming the non-revocation of cancellation be set aside - cancellation of visa under s 501 of Migration Act 1958 (Cth) - whether Tribunal incorrectly applied Ministerial Direction 65 - whether Ministerial Direction 65 can permissibly create a general hierarchy of considerations as between "primary" and "other" considerations - appeal allowed
MIGRATION - notice of contention - whether the Tribunal had failed to consider impact of revocation on the respondent's sister - notice of contention upheld
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Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219
SUPERANNUATION - appeal from a decision of a single judge of this Court to uphold a decision of the Superannuation Complaints Tribunal - the meaning of "interdependency relationship" in s 10A of the Superannuation Industry (Supervision) Act 1993 (Cth) - the factors to be considered under regulation 1.04AAAA of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - whether the appellant and his deceased son "lived together" for the purposes of an interdependency relationship - whether the primary judge committed any error - appeal dismissed
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