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Lastest Judgments from the Federal Court

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    CORPORATIONS - external administration - challenge to the validity of the appointment of joint and several administrators - whether person executing security agreement on behalf of company acting as the company's agent - whether party having benefit of the security agreement so executed is a person entitled to enforce a security interest for the purposes of s 436C of the Corporations Act 2001 (Cth)

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    PRACTICE AND PROCEDURE - application to have party substituted as first respondent in appeal - order made joining party as third respondent - application dismissed

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    MIGRATION - appeal from Federal Circuit Court - absence of satisfaction by Immigration Assessment Authority that appellant a person to whom protection obligations were owed or in need of complementary protection - Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa) - whether absence of satisfaction unreasonable or illogical - whether evidence as to current events in country of former habitual residence admissible on judicial review before Federal Circuit Court. Held - no error in Federal Circuit Court's conclusion that Authority's decision neither unreasonable nor illogical - no basis for admissibility of further evidence established.

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    NATIVE TITLE - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 - appropriate to make orders

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    CORPORATIONS - application by liquidators for appointment as receivers of trust assets under s 57 of the Federal Court of Australia Act 1976 (Cth)

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    PRACTICE AND PROCEDURE - whether it is appropriate for the Court to make an order under r 30.01 of the Federal Court Rules 2011 (Cth) to determine a separate question

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    CORPORATIONS - application for orders under s 1322 of the Corporations Act 2001 (Cth) - shares issued on 26 occasions without proper disclosure - where cleansing notices not issued - where no blatant disregard of obligations - whether orders should be made relieving shareholders of liability

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    HEALTH LAW - construction of item 42739 of the Medicare Benefits Schedule - whether if an ophthalmic surgeon in the course of performing an intravitreal injection administers alprazolam where is it medically necessary to do so and no other anaesthetic service is administered to the patient, is the private hospital entitled to charge for the second tier default benefits payable by a private health insurer in respect of item 42739 PLEADINGS - necessity to plead any allegation of conscious wrongdoing - election of applicant to pursue an "all or nothing" case and forensic consequences CONTRACTS - content of obligation of reasonableness in contractual provision providing mechanism for deregistration of a medical practitioner from an insurer's "gap scheme" - contractual procedural fairness mechanism requiring formation of reasonable opinion and then notice and then a decision - breach of contract

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    REPRESENTATIVE PROCEEDINGS - permanent stay of proceedings - three overlapping open securities class actions against the same respondent - substantially the same claim and substantially the same causes of action - applicable principles - whether one or more of the proceedings should be stayed

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    PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement -consideration of relevant factors for approval including pressures of litigation and psychological and emotional strain - settlement approved

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    COSTS - where unsuccessful parties sought costs - where application a result of contraventions by applicant - relevance of any public or representative party interests - relevant factors in exercise of discretion

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    CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - where low voter turnout - where statutory majorities met - application for orders granted

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    PRACTICE AND PROCEDURE - application for leave to file a further amended statement of claim (FASOC) - where claims arise out of an employment relationship dispute - where respondents object to leave being granted on basis that aspects of proposed FASOC are liable to strike out or summary dismissal for being fatally defective - whether unconscionability claim discloses any reasonable cause of action - whether profit interest claim can proceed - whether additional implied terms claim can proceed - whether claim based on financial reporting contraventions can proceed - held: unconscionability case insufficiently pleaded and does not rise higher than bare narrative and conclusory allegation - held: leave to bring unconscionability case in its entirety refused - held: leave to bring other additional claims relied upon refused - held: leave to file FASOC refused

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    CORPORATIONS - scheme of arrangement - second Court hearing - whether scheme should be approved pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) - application allowed.

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    NATIVE TITLE - consent determination of native title - agreement of parties - s 87 of the Native Title Act 1993 (Cth)

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    MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Administrative Appeals Tribunal (Tribunal) affirmed the decision of a delegate not to grant the appellant a protection visa - whether to grant leave to the appellant to rely on a further amended notice of appeal - whether the Tribunal erred in its application of the test for relocation and whether in the circumstances it was reasonable to relocate - whether the Tribunal failed to take into account all of the integers of the appellant's claim as to why it was not reasonable for the appellant to relocate - appeal allowed.

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    COSTS - application seeking orders varying previous orders made by the Court dealing with the costs of a trial and of an appeal - where appellants (costs applicants) seek a variation so that the respondents (costs respondents) pay the costs of the costs applicants, fixed in an amount to be determined by the Court - where costs applicants seek an order that the costs respondents pay the costs applicants' costs of and incidental to their application for an order for lump sum costs - where Court considers it appropriate that the matter be decided on the papers without an oral hearing COSTS - whether order for lump sum costs is appropriate - consideration of evidence adduced by the costs applicants' costs' expert in order to inform a decision on whether an order for lump sum costs is appropriate - whether order for lump sum costs will eliminate the time and likely substantial costs associated with a full taxation of costs - where considerable delay in the costs applicants' application for an order for lump sum costs - whether delay in the costs applicants' application is outweighed by the factors which favour an award of lump sum costs and which provide strong support for a lump sum order for costs - whether hearing on quantum of lump sum costs order ought to be heard by the primary judge

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    PRACTICE AND PROCEDURE - costs - discretion of the Court - award on solicitor and client or indemnity basis - whether application vexatious - form of order.

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    MIGRATION - protection visa - fast-track review decision - appeal from a decision of the Federal Circuit Court of Australia - whether the Immigration Assessment Authority erred in its application of the test in s 473DD(a) of the Migration Act 1958 (Cth) - consideration of new information by the Authority - whether there were "exceptional circumstances" warranting the consideration of new information - what constitutes "exceptional circumstances" - where no jurisdictional error identified in the Authority's approach Held: appeal dismissed

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