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The Bell Group Limited v Australian Securities and Investments Commission (No 2) [2018] FCA 1970

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CORPORATIONS - s 601AH(3)(d) of the Corporations Act 2001 (Cth) - scope of the power conferred on the Court under s 601AH(3)(d) - appropriateness of ancillary orders accompanying the reinstatement of certain deregistered companies - where the ancillary orders may have implications for tax liabilities the subject of an assessment by the Commissioner - ancillary orders made PRACTICE AND PROCEDURE - application to reopen a case - principles relevant to an assessment of whether leave to reopen a case ought to be granted - where misapprehension not solely attributable to the plaintiffs - no final orders entered - whether the interests of justice require further arguments to be heard Held: leave to reopen granted

Conway v Fernandez (No 2) [2018] FCA 1975

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PRACTICE AND PROCEDURE - application for leave to inspect documents in the proceeding - affidavits acted upon in hearing in open court - leave given.

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining And Energy Union (No 2) [2018] FCA 1968

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INDUSTRIAL LAW - contraventions of ss 348, 417(1), 494(1) and 500 of Fair Work Act 2009 (Cth) - making of orders as to penalty - personal payment order - form of personal payment order - consideration of proportionality principle

Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2018] FCA 1981

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PRACTICE AND PROCEDURE - discovery - claims of misleading conduct and unconscionable conduct - whether documents sought relevant to pleaded case - whether discovery sought oppressive - discovery allowed

Thomas v University of Melbourne [2018] FCA 1978

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PRACTICE AND PROCEDURE - application for recusal - whether apprehended bias - whether actual bias - application dismissed

Australia and New Zealand Banking Group Limited, in the matter of Hawks (bankrupts) v State of Queensland [2018] FCA 1982

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BANKRUPTCY AND INSOLVENCY - application by a mortgagee under s 133(9) of the Bankruptcy Act 1966 (Cth) to vest certain real property owned by certain bankrupts in the mortgagee subject to conditions - where the Trustee in Bankruptcy disclaimed any interests in the property, with the consequence that the property is escheated to the Crown of the relevant State, and the mortgagee has no right to enforce its security against the State - whether appropriate to make orders sought by the mortgagee

Baker & McAuliffe Holdings Pty Ltd t/as JSB Lighting v Carey [2018] FCA 1972

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CORPORATIONS - where the applicant seeks an interlocutory injunction against the first and second respondents to restrain them from making direct or indirect contact with certain clients of the applicant and assisting in three specified projects - where there is a serious question to be tried - where damages are an adequate remedy - where the applicant has delayed in making the injunction application - whether the balance of convenience requires the injunction to be granted - application dismissed.

DHS17 v Assistant Minister for Immigration and Border Protection [2018] FCAFC 209

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MIGRATION - appeal from decision of primary judge dismissing application for judicial review - decision by Assistant Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke mandatory cancellation decision - where Assistant Minister relied on International Treaties Obligations Assessment (ITOA) in making decision - where ITOA provided to Assistant Minister omitted a redacted paragraph - whether Assistant Minister failed to take into account a relevant consideration - where redacted ITOA was apt to mislead and deprived appellant of positive independent support for his narrative - where complete ITOA was constructively before Assistant Minister - where information omitted was not insignificant and Assistant Minister could have reached a different view if he had the complete ITOA - appeal allowed PRACTICE AND PROCEDURE - application to amend notice of appeal to raise new ground of review not raised before primary judge - application to adduce further evidence on the appeal - where evidence not available to the appellant at the time of hearing before primary judge - leave granted

EDV17 v Minister for Immigration and Border Protection [2018] FCA 1980

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MIGRATION - protection visa - application for extension of time within which to appeal - principles applicable to r 36.05 of the Federal Court Rules 2011 (Cth) - where one draft ground was not raised before the primary judge - where the grounds lack sufficient merit for leave to be granted Held: application dismissed

Australian Education Union v Royal Melbourne Institute of Technology [2018] FCA 1985

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INDUSTRIAL LAW - application for interlocutory order restraining vote for an enterprise agreement - whether misleading representations made concerning proposed agreement - whether representations made "knowingly or recklessly" - whether conduct in trade or commerce - balance of convenience - application dismissed.

Australian Securities & Investments Commission v Westpac Banking Corporation (No 2) [2018] FCA 1984

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PRACTICE AND PROCEDURE - application for separate questions pursuant to r 30.01 of Federal Court Rules 2011 (Cth) - where proposed separate questions concern scope of assessment requirements under ss 128 and 129 of National Consumer Credit Protection Act 2009 (Cth)

King (Trustee), in the matter of Zetta Jet Pte Ltd v Linkage Access Limited [2018] FCA 1979

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PRACTICE AND PROCEDURE - application for summary dismissal pursuant to Federal Court Rules 2011 (Cth) r 26.01(1)(a) - application to strike out statement of claim - whether reasonable prospect of successfully prosecuting proceeding CORPORATIONS - Corporations Act 2001 (Cth) s 588FF - whether plaintiff 'company' for purposes of s 588FF - whether Cross-Border Insolvency Act 2008 (Cth) alters definition of company - whether UNCITRAL Model Law on Cross-Border Insolvency Art 23 merely standing rule - where plaintiff foreign company not carrying on business in Australia PRACTICE AND PROCEDURE - Anshun estoppel - whether reasonable for plaintiffs not to pursue s 588FF claim in earlier proceeding - where second respondent became registered owner of ship after determination of first proceeding PRACTICE AND PROCEDURE - application to re-open - whether proposed case capable of succeeding - whether plaintiffs should be permitted to re-open

Agnish Pty Limited v Folio Invest Pty Limited [2018] FCA 1992

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PRACTICE AND PROCEDURE - leave to serve outside the jurisdiction - whether requirements of r 10.43 satisfied - whether Court should exercise its discretion to grant leave

Roberts-Smith v Fairfax Media Publications Pty Ltd [2018] FCA 1943

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PRACTICE AND PROCEDURE - application for suppression or non-publication orders - where non-publication orders sought over parts of evidence brought before Court on initiating proceeding - where non-publication orders sought in context of ongoing inquiry by delegate of the Inspector-General of the Australian Defence Force - test of necessity - whether non-publication orders necessary to prevent prejudice to the proper administration of justice - whether non-publication orders necessary to prevent prejudice to interests of Commonwealth in relation to national or international security - whether non-publication orders necessary to protect the safety of any person

Thunder Studios Inc (California) v Kazal (No 8) [2018] FCA 1995


Andrwas v Minister for Home Affairs [2018] FCA 1996

Sami v Commonwealth of Australia [2018] FCA 1991

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MIGRATION - application for an extension of time and leave to appeal from the summary dismissal of an application for judicial review and orders for the applicant's release from detention - judgment affected the applicant's liberty - by reason of s 24(1C) of the Federal Court of Australia Act 1976 (Cth) leave to appeal not required - application for an extension of time in which to appeal refused.

Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) [2018] FCA 1983

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CORPORATIONS - application to extend the convening period for the second meeting of creditors under s 447A(1) of the Corporations Act 2001 (Cth) - where company is in administration - administrators seek extension to pursue sale of company assets and enable a DOCA to be proposed - extension opposed by three unsecured creditors of the company - whether granting the extension would risk the ability of those creditors to rely on a Deed of Cross Guarantee - Deed in the form of ASIC Pro Forma 24 to obtain relief under ASIC Class Order [CO 98/1418] - whether the unsecured creditors had the benefit of the Deed - application granted

Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988

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PATENTS - standard patent - digital advertising system and method - whether claim 1 of the application disclosed a manner of manufacture within the meaning of s 18(1)(a) of the Patents Act 1990 - whether invention lay in computerisation - whether a person skilled in the art was able to implement the patent based on the specification

Sach v Minister for Home Affairs [2018] FCA 1658

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MIGRATION - application for extension of time to apply for judicial review - where applicant's Class BF transitional (permanent) visa mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Assistant Minister for Home Affairs refused to revoke visa cancellation - whether Assistant Minister's decision not to revoke cancellation of applicant's visa was legally unreasonable - where Assistant Minister made findings in regard to applicant's health and possibility of indefinite detention - where Assistant Minister did not give possibility of indefinite detention any or proper consideration in weighing up process - where Assistant Minister's decision was legally unreasonable
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