INDUSTRIAL LAW - alleged contraventions of s 348 and s 500 of the Fair Work Act 2009 (Cth) by union officials - alleged accessorial liability of union - officials threatening to "shut down" a construction site - objective meaning of threat - whether unlawful industrial action threatened - whether illegitimate interference with contractual relations threatened - threatened action not shown to be unlawful, illegitimate or unconscionable - onus of proof of fault element in relation to threats - no contravention of s 348 - officials not seeking to exercise rights to enter site under s 484 of the Act - admission on pleadings to effect that officials exercised right to enter premises conferred by s 117 of the Work, Health and Safety Act 2012 (SA) - whether officials acted in an improper manner when exercising such rights - officials engaged in heated argument with site occupier - manner of argument not improper - official acted in improper manner by physically accosting site occupier - union knowingly involved in official's contravention of s 500
Australian Building and Construction Commissioner v McDermott (No 2) [2018] FCA 1611
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Newton v Australian Postal Corporation [2018] FCA 2007
PRACTICE AND PROCEDURE - trial of proceeding seeking, amongst other things, various remedies under the Fair Work Act 2009 (Cth) ("FW Act") against four respondents - where at close of case by the applicant a no case to answer submission ("no case submission") is made by some but not all of the respondents - whether a respondent that has tendered a documentary exhibit retains a capacity to make a no case submission - whether in the exercise of the Court's discretion, the Court should permit a no case submission to be made - principles related to whether a no case submission should be entertained when made by some but not all respondents - no case submission not entertained
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Director of Consumer Affairs Victoria v Domain Register Pty Ltd (No 2) [2018] FCA 2008
CONSUMER LAW - penalty hearing - contraventions of s 18 of the Australian Consumer Law (ACL) - injunctive relief, non-party consumer redress orders and publication orders - whether appropriate to make non-party consumer redress order under s 239 of ACL - not necessary to individually identify which persons are non-party consumers or the nature of loss or damage suffered - non-party consumer redress orders made
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Hutchinson v Comcare (No 3) [2018] FCA 2005
PRACTICE AND PROCEDURE - application for trial to be vacated - discussion of lack of adequate explanation and absence of evidence, delay, prejudice to respondent and case management considerations - application dismissed
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CCK16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1963
MIGRATION - appeal from Federal Circuit Court of Australia - judicial review - protection visa - whether information about a class of persons or whether information specifically about the visa applicant - where relevant information described process of conversion to Baha'i faith - identity of visa applicant not revealed - where information was not reason or part of reason for Tribunal's decision - appeal dismissed
MIGRATION - whether Tribunal's decision affected by legal unreasonableness, illogicality or irrationality - where findings were rationally open to Tribunal
PRACTICE AND PROCEDURE - application to amend grounds of appeal - where no prejudice to other party - leave granted
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CKW15 v Federal Circuit Court of Australia [2018] FCA 2010
MIGRATION - application for Constitutional writ relief under Judiciary Act 1903 (Cth) s 39B - whether Federal Circuit Court committed jurisdictional error in refusing extension of time application under Migration Act 1958 (Cth) s 477 - where application made two years late without explanation - whether new medical evidence not before the Tribunal made the Tribunal's decision legally unreasonable
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Easton v Kostov [2018] FCA 2002
BANKRUPTCY AND INSOLVENCY - application to review sequestration order made by District Registrar - application for an extension of time to bring application for review - purported notice of discontinuance - non-appearance of the applicant for review (the respondent) at the hearing of her application
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Becton Dickinson Pty Ltd v B. Braun Melsungen AG (No 2) [2018] FCA 1987
COSTS - percentage reduction of costs on account of successful party's lack of success on issue of inventive step
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Singh v Minister for Home Affairs [2018] FCA 1997
MIGRATION - application for an extension of time to appeal from Federal Circuit Court - whether denial of procedural fairness - whether primary judge provided adequate reasons - application dismissed
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MLC Nominees Pty Limited v McNally [2018] FCA 1950
SUPERANNUATION - appeal against determination of and direction by Superannuation Complaints Tribunal - whether denial of procedural fairness - whether errors of law on the part of the Tribunal
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Fairfax Media Publications Pty Limited v Network Ten Pty Limited [2018] FCA 2003
TRADE MARKS - application for interim injunctive relief for alleged infringement of trade mark - undertaking proffered by respondent to cease use of the trade mark subsequent to hearing of the application - whether undertaking should be accepted - whether respondent should bear the applicant's costs
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McCann, in the matter of Walton Construction (Qld) Pty Ltd (In Liq) v QHT Investments Pty Ltd [2018] FCA 1986
CORPORATIONS - winding up - voidable transactions - uncommercial transactions - purported agreements to "restructure" insolvent companies - agreements designed to benefit insolvency advisers - not reasonably commercial for insolvent company
CORPORATIONS - winding up - voidable transactions - uncommercial transactions - identifying transaction "of" the company - relevant transaction linked to other transactions - whether artifice or construct to secure benefit for insolvency advisers
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Singh v Minister for Home Affairs [2018] FCA 1998
MIGRATION - appeal from Federal Circuit Court - application for judicial review of Administrative Appeals Tribunal decision - cancellation of student visa - where appellant did not maintain satisfactory course attendance - where appellant claims denial of natural justice - whether all relevant material was considered - where ground was not argued before primary judge - appeal dismissed.
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Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions (No 2) [2018] FCA 2011
MORTGAGES - personal property securities - application to remove vexatious registrations of false security interests under Personal Property Securities Act 2009 (Cth) from Personal Property Securities Register - where s 296(a) imposes onus on person asserting that security interest attached to personal property - where such person asserts only a mere equity - whether mere equity capable of being a security interest
MORTGAGES - duties of Registrar of Personal Property Securities - whether Registrar could not have been satisfied under s 150(3)(c)(i) that vexatious litigant's application to register Federal Court of Australia as grantor of security interest over all of Court's assets was not frivolous, vexatious or offensive, or contrary to the public interest yet registered alleged security interest - whether Registrar should have acted on own initiative under s 184(1)(a) to remove vexatious registrations by registering a financing change statement - where Registrar aware alleged secured party is a vexatious litigant
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National Australia Bank Limited v The State of Queensland [2018] FCA 2020
BANKRUPTCY - where trustee disclaimed property pursuant to s133 of the Bankruptcy Act 1966 (Cth) - application for order vesting property in the Applicant as mortgagee
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AOD17 v Minister for Home Affairs [2018] FCA 1853
MIGRATION - "appeal" from an order made by the Federal Circuit Court of Australia (FCCA) - where applicant did not appear at the hearing before the FCCA - where FCCA made an order pursuant to r 13.03(1)(c) of the Federal Circuit Court Rules 2001 (Cth) that the applicant's application for judicial review of a decision of the Administrative Appeals Tribunal be dismissed - where order dismissing the applicant's application on the basis of a failure to appear is interlocutory - where necessary for the applicant to obtain leave to appeal - where application for leave to appeal is 11 days out of time - where applicant's "appeal" treated as, in effect, an application for leave to appeal - where application for leave to appeal is brought in respect of an order dismissing the applicant's application for judicial review - where basis of the order was the non-appearance of the applicant - where primary judge did not deliver reasons - where applicant received proper notice of the hearing before the FCCA and there is no dispute that the applicant did not appear - where until hearing before this Court, the applicant had not provided an explanation for his non-appearance - where application for extension of time concerns a period of delay that is not extensive and the first respondent will not suffer prejudice if time is extended - where application for extension of time refused because application for leave to appeal is hopeless - where even if time was extended, leave to appeal was granted, the appeal was allowed and the matter remitted to the FCCA, there is no merit in the application for judicial review
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AHB16 v Minister for Home Affairs [2018] FCA 2006
MIGRATION - appeal from decision of Federal Circuit Court - appellant has tattoo obtained in Iran - whether Tribunal failed to consider claim expressly made - whether Tribunal considered that shape of appellant's tattoo might create impression that appellant was a Christian - appeal allowed.
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Dutta v Telstra Corporation Limited [2018] FCA 1994
INDUSTRIAL LAW - whether employer took adverse action against applicant because he exercised a workplace right - whether applicant's dismissal was a genuine redundancy - where applicant alleges he was dismissed after making complaints about workplace - where applicant alleges he was dismissed after requesting flexible working arrangements - whether applicant was bullied, harassed, targeted and isolated - finding that adverse action was not taken because applicant exercised workplace rights - application dismissed
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Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia (No 2) [2018] FCA 1990
NATIVE TITLE - determination of native title by consent pursuant to s 87 of Native Title Act 1993 (Cth) - appropriate to make orders
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DQU16 v Minister for Home Affairs [2018] FCA 1695
MIGRATION - application for extension of time to appeal - refusal of temporary protection visa - no reasonable explanation for delay - whether arguable case that Immigration Assessment Authority erred by finding that complementary protection criterion not satisfied because applicant could modify behaviour to avoid harm - extension of time granted
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