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Lastest Judgments from the Federal Court

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    MIGRATION - appeal from Federal Circuit Court - whether the primary judge erred in failing to conclude that the Immigration Assessment Authority failed to deal with an aspect of the appellant's claim

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    COSTS - where principal proceeding was dismissed - where respondent submits that the usual order as to costs should apply - where applicant submits that respondent should bear all or some costs - whether part of respondent's costs can be attributed to respondent's own conduct - costs reduced by 20 per cent

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    CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - where supplementary disclosure made - where voting intention statements provided - where no basis to tag or disregard votes - application for orders granted

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    MIGRATION - application for extension of time and leave to appeal from interlocutory decision of Federal Circuit Court of Australia dismissing application for review of decision of Administrative Appeals Tribunal affirming decision to refuse applicant a partner visa - no appellable or jurisdictional error identified - application refused

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    BANKRUPTCY AND INSOLVENCY - application to appoint a trustee to take control of the respondents' property pursuant to s 50 of the Bankruptcy Act 1966 (Cth) - where applicant also sought to restrain the respondents from disposing of their property without leave of the Court - where litigation history drawn out and the respondents regularly sought to delay and hinder the litigation - where it is in the interests of the respondents that a trustee be appointed - application granted

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    PRACTICE AND PROCEDURE - application for extension of time - where period of delay short - where no prejudice claimed - where proposed grounds of appeal without prospects of success - application refused

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    MIGRATION - appeal from single judge of the Court allowing an application for judicial review of the decision of the Assistant Minister, acting personally, not to revoke the decision to cancel the then applicant's visa on character grounds - Assistant Minister not satisfied that there was another reason why the original decision should be revoked - whether failure on the part of the Assistant Minister to have regard to a mandatory relevant consideration - whether failure on the part of the Assistant Minister to consider two particular representations: that the respondent would have nowhere to live and no money if required to return to New Zealand and that the respondent was a victim of domestic violence

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    MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision by the Administrative Appeals Tribunal not to reinstate application for review dismissed under subs 362B(1A)(b), Migration Act 1958 (Cth) - where appellant failed to appear before Tribunal and did not contact Tribunal to advise of illness or otherwise engage prior to reinstatement application - where Tribunal correctly understood discretion to reinstate application - where Tribunal considered medical certificate provided by appellant - no jurisdictional error by Tribunal - appeal dismissed

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    PRACTICE AND PROCEDURE - application for reconstitution of the Court - where earlier decision made on same questions of law - where decision affirmed on appeal - application rejected SOCIAL SECURITY - applications for age pension - where applications refused by Authorised Review Officer - judicial review - whether Applicants satisfied the 10 years qualifying Australian residence requirement - calculation of working age residence in New Zealand - decision upheld

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    MIGRATION - appeal from the Federal Circuit Court - whether the primary judge erred in applying s 48A of the Migration Act1958 (Cth)

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    INDUSTRIAL LAW - application for interlocutory relief under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) - whether Union Rules observed - procedural fairness - relief granted.

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    CORPORATIONS - application for order terminating or permanently staying winding up application under s 482 Corporations Act 2001 (Cth) - where creditors do not oppose order - where debt leading to granting of winding up order has been paid - where company is now solvent - where order conditional on undertaking by director as creditor to subordinate her claim to other creditors - order granted

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    COSTS - application for lump sum costs order in relation to three appeals - where appeals heard together - whether lump sum costs are appropriate - application dismissed

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    ADMINISTRATIVE LAW - applications for judicial review under s 5(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether decision of delegate of the Native Title Registrar not to register an indigenous land use agreement (ILUA) involved an error of law - whether delegate's decision involved an improper exercise of power - judicial review applications dismissed NATIVE TITLE - where delegate refused to register ILUA following an objection - whether ILUA was not properly certified in accordance with s 203BE(5) of the Native Title Act 1993 (Cth) (NTA) - operation of s 24CK(2)(c) and s 251A of the NTA - where ILUA dealt with surrender of native title - where the question of whether or not there was a traditional decision-making process that had to be complied with was not dealt with at the relevant meeting

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    CORPORATIONS - orders made ex parte extending time period under s 443B of the Corporations Act 2001 (Cth) to notify lessor of intention to exercise rights in relation to property - application by lessor to set aside those orders - no legitimate reason relating to lease to extend time

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    CORPORATIONS - scheme of arrangement - orders made under s 411 of the Corporations Act 2001 (Cth) approving convening of meeting of members to consider scheme of arrangement - basis on which Court will grant approval of scheme - orders made approving the scheme

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    MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate of first respondent to refuse to revoke decision to cancel applicant's visa - whether Tribunal took into account irrelevant considerations - whether Tribunal failed to take into account relevant considerations - whether Tribunal failed to correctly apply [13.2(b)] of Direction No 65 - held: application dismissed with costs

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