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Lastest Judgments from the Federal Court

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    APPEAL AND NEW TRIAL - application for extension of time - where the applicant did not obtain financial hardship relief to allow an appeal to be filed within time - whether to grant extension and whether the proposed grounds of appeal had sufficient merit - held grounds did not have sufficient merit TAXATION - where the Commissioner had obtained sequestration of the applicant's estate consequent upon the applicant's failure to pay certain tax liabilities - applicant's arguments that tax liability had been discharged were spurious

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    MIGRATION - appeal from decision of Federal Circuit Court of Australia to dismiss application for judicial review of decisions of Administrative Appeals Tribunal to dismiss application for non-appearance and to refuse to reinstate application for review of decision to deny appellant a partner visa - no appellable or jurisdictional error identified - appeal refused

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    PRACTICE AND PROCEDURE - application for an extension of time to file a notice of appeal - whether it is in the interests of justice to grant the extension of time - the factors to be considered in determining that question - where the applicant failed to provide a frank and detailed explanation for a significant delay - where on a broad assessment the draft grounds of appeal were unmeritorious - application dismissed

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    MIGRATION - protection visa refused - self-represented litigant - poorly expressed grounds of judicial review before primary judge - primary judge reviewing decision for legal unreasonableness - decision to refuse visa open on material before decision-maker - no appealable error

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    CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - simple transfer scheme where acquirer to pay cash - application for orders granted

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    MIGRATION - Appeal from judgment of Federal Circuit Court dismissing application for judicial review of a decision of Administrative Appeals Tribunal - whether letter Tribunal sent to appellant purportedly under s 424A of Migration Act 1958 (Cth) failed to comply with the requirements of s 424A because of errors in letter - whether failure of appellant's migration agent to give appellant the letter meant Tribunal's jurisdiction was constructively unexercised - whether Tribunal failed to perform statutory task by not assessing and considering country information - where Tribunal's reasons disclosed no weighing or evaluating of sources of country information - where country information was part of the bases for the Tribunal's conclusions - Tribunal decision affected by jurisdictional error - appealed allowed

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    CONSUMER LAW - assessment of pecuniary penalty - number of contraventions - course of conduct principle -misleading or deceptive conduct - decline in commodity prices - representations made to dairy farmers - representations as to the forecasted final Farmgate Milk Price - contraventions of the Australian Consumer Law - involvement of managing director in contraventions - co-operation by way of agreed facts and joint submissions - penalty assessed - declarations granted

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    NATIVE TITLE - consent determination - agreement of the parties - where apical ancestors in determination different to those identified in application under s 61 of the Native Title Act 1993 (Cth) - where interlocutory application brought prior to determination challenging inclusion of certain apical ancestors - where list of apical ancestors for the native title holders duly authorised by claim group - requirements of s 87A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders

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    COSTS - application by the defendants for an order that the plaintiff provide security for costs - application brought under s 1335 of the Corporations Act 2001 (Cth) and r 19.01 of the Federal Court Rules 2011 (Cth) - where principal order sought by the defendants is that the plaintiff provide security for costs in a fixed amount or some other amount as is determined by the Court - where defendants seek a further order that the proceeding be stayed until the amount sought is paid into Court and an order that if that is not done, the proceeding be dismissed with costs - whether power to order security for costs under s 1335(1) of the Corporations Act is engaged because there is credible evidence which establishes that there "is reason to believe that the corporation will be unable to pay the costs of the defendant if successful in his, her or its defence" - consideration of the timing of defendants' application for security for costs - preliminary consideration of the merits of the plaintiff's claim --whether plaintiff's present impecuniosity is due to the defendants' failure to pay - whether proceeding will be stifled if security is ordered

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    MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - decision of Immigration Assessment Authority - whether jurisdictional error by Authority - appeal dismissed

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    MIGRATION - appeal from the Federal Circuit Court of Australia which dismissed a judicial review application relating to a decision of the Immigration Assessment Authority not to grant a protection visa - whether primary judge erred in failing to find jurisdictional error - consideration of nature and extent of Authority's finding concerning alleged attack in appellant's home in 2012 - whether Authority's conclusion was legally unreasonable - no jurisdictional error - appeal dismissed

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    CONSUMER LAW - where applicant and respondent reached agreement as to liability and applicable penalties for respondent's breach of the Australian Consumer Law - where respondent made representations about quality and capabilities of a new agricultural product on the market - consideration of principles for penalties - court approved parties' agreement and made orders sought

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    BANKRUPTCY - appeal from orders made by the Federal Circuit Court - where the primary judge dismissed the appellants' application for review of a sequestration order made by the registrar of that court - whether the primary judge erred by failing to take into account whether there was any other sufficient cause within the meaning of s 52(2)(b) of the Bankruptcy Act 1966 (Cth) so as to find that the registrar should have dismissed the creditor's petition - whether the primary judge erred in failing to find that the creditor's petition was an abuse of process - whether the primary judge erred in failing to find that the registrar denied the appellants procedural fairness by declining to grant them a two week adjournment - appeal dismissed.

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    MIGRATION - appeal from Federal Circuit Court decision dismissing application for review of decision by Administrative Appeals Tribunal (Tribunal) affirming decision not to grant a student visa - whether Tribunal misconstrued reg 500.212(a), Migration Regulations 1994 (Cth) - whether Tribunal was required to consider other primary criteria in reg 500.212 having determined appellant failed to meet requirements - appeal dismissed PRACTICE AND PROCEDURE - where leave required to raise new grounds on appeal - discussion of requirements of leave in migration matters - where grounds had insufficient merit for the grant of leave

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    MIGRATION - appeal from decision of Federal Circuit Court - whether Immigration Assessment Authority (IAA) failed to act reasonably - whether IAA failed to invite appellant to oral interview - whether IAA failed to seek further evidence - whether duty exists for IAA to seek new information upon request by visa applicants - whether intelligible basis for IAA's decision not to conduct interview - whether IAA required to explain decisions refusing requests - where appellant had adequate opportunity to advance evidence and submissions to support claims - purpose of fast track review process - held: IAA did not act unreasonably - held: no appellable error in primary Judge's reasons - appeal dismissed PRACTICE AND PROCEDURE - where leave required on appeal to raise questions not before primary Judge - consideration of merits of substantive appeal - consideration of new authorities post-dating primary decision - leave granted to raise new grounds

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    NATIVE TITLE - consent determination (Part C) - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders

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    CORPORATIONS - external administration - application to extend period of adjournment of second meetings of creditors beyond period prescribed by the Insolvency Practice Rules (Corporations) 2016

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    NATIVE TITLE - consent determination of native title under s 87A Native Title Act 1993 (Cth) - role of Court -requirements under s 87A - determination of native title made

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