NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - one single society made up of three groups which hold native title - agreement of parties - determination of native title by consent.
Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2018] FCA 1993
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Takhi v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 2051
MIGRATION - application for leave to appeal from decision to dismiss an application for judicial review on a show cause hearing - whether an appeal would enjoy sufficient prospects of success to justify the grant of leave - where the proposed grounds do not identify any arguable error of law in the primary judge's decision - application dismissed
PRACTICE AND PROCEDURE - whether primary judge erred in relying on Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 in relation to the hearing of an application for a show cause order - consideration of difference between show cause application and summary dismissal
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Nooau v Minister for Home Affairs [2018] FCA 2054
MIGRATION - application for review of Minister's decision not to revoke the delegate's decision to cancel visa - failure of character test due to substantial criminal record - Minister not bound to take into account the best interests of the applicant's children - whether misconstruction of treaty obligations by an "Assistant Minister" could amount to reviewable error - application dismissed
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Deputy Commissioner of Taxation v JGQ Developments Pty Ltd [2018] FCA 2046
CORPORATIONS - winding up - whether a company ought to be wound up - proof of debt - application opposed on the ground of solvency - insufficient evidence of company solvency - discretion to wind up a company - presumption of insolvency not rebutted
Held: company wound up and liquidator appointed
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Kemppi v Adani Mining Pty Ltd [2018] FCA 2012
PRACTICE AND PROCEDURE - appeal to Full Court - application by first respondent for security for costs of the appeal - where appellants impecunious - application of considerations relevant to the exercise of the power in s 56 of the Federal Court of Australia Act 1976 (Cth) - appropriate amount of security in relation to uncomplicated appeal - appropriate period within which security to be given
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Abbott v Zoetis Australia Pty Ltd [2018] FCA 2057
PRACTICE AND PROCEDURE - pleadings - purpose of a statement of claim in Part IVA proceedings - necessity to plead with sufficient specificity to afford procedural fairness and sufficient generality to reflect the fact that group member claims are not to be determined at initial trial - seventh version of the pleading - failure to descend to the detail of material facts pleaded - failure to adhere to orthodox Part IVA pleading practice
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White (Trustee) v MWL Financial Group Pty Ltd, in the matter of MWL Financial Group Pty Ltd [2018] FCA 2018
CORPORATIONS - application for leave to bring proceedings on behalf of a company under s 237 of the Corporations Act 2001 (Cth) - whether applicants acting in good faith - whether breakdown of relationship between parties evidences lack of good faith - whether grant of leave in best of interests of company - asserted breaches of statutory and fiduciary duties - asserted constructive trust for benefit of company - capacity of company to fund litigation - whether serious question to be tried - threshold for demonstrating serious question to be tried - disputes as to factual matters a triable issue - whether appropriate that applicants indemnify company for costs of proceeding
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Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams (No 2) [2018] FCA 2058
COSTS - where two judicial review applications made regarding decision of delegate of Native Title Registrar and s 251A of the Native Title Act 1993 (Cth) (NTA) dismissed - Court's discretionary power to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth) - whether costs should follow the event - whether Court should have regard to "spirit" of s 85A of the NTA - whether "public interest" of litigation should mean Court declines to order costs against unsuccessful party - where applications involved significant questions of authorisation and decision-making - no order as to costs in each proceeding
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Hooke v Bux Global Limited (No 7) [2018] FCA 2065
PRACTICE AND PROCEDURE - application for substituted service - failed attempt to effect personal service - application allowed
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Australian Dairy Farms Limited, in the matter of Australian Dairy Farms Limited and Dairy Funds Management Limited [2018] FCA 2056
CORPORATIONS - application for orders under s 1322(4) of the Corporations Act 2001 (Cth) extending time of an ASIC Class Order for the plaintiffs to give notice to ASX and declaring the offer to issue stapled securities to be not invalid - where stapled securities issued in apparent contravention of disclosure requirements - where contravention arose from failure to fall within ASIC Class Order - application allowed
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Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055
INSURANCE - professional indemnity insurance - directors' and officers' liability policy - whether an Insolvency Exclusion provision precludes indemnification by the insurer - principles applicable to the construction of exclusion clauses
PRACTICE AND PROCEDURE - interlocutory application - whether the insurer is liable to indemnify certain defendants
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Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 3) [2018] FCA 2060
PRACTICE AND PROCEDURE - patents - interlocutory injunction application - prima facie case - validity of patents - novelty - balance of convenience - application refused
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PKT Technologies Pty Ltd (formerly known as Fairlight.Au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2018] FCA 2072
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DJS16 v Minister for Immigration and Border Protection [2018] FCA 2037
MIGRATION - application for extension of time and for leave to appeal - leave sought to appeal from show cause hearing before Federal Circuit Court dismissing application for review of delegate's refusal to grant protection visas to the applicants - whether decision below attended with sufficient doubt to warrant grant of leave - whether substantial injustice would result if leave refused - leave to appeal granted - where Court satisfied there was a reasonable explanation for the delay in filing application -extension of time granted
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Nithianantha v Commonwealth of Australia [2018] FCA 2063
ADMINISTRATIVE LAW - Judicial Review - Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) - where Professional Services Review Committee found applicant doctor engaged in "inappropriate practice" as defined in s 82(1)(a) - where Committee found that applicant engaged in a prescribed pattern of services by rendering more than 80 services on each of 20 or more days in the review period - where Committee found that there were no exceptional circumstances under reg 11(b) of the Health Insurance (Professional Services Review) Regulations 1999 (Cth) because there was not an absence of other medical services for the applicant's patients - whether the Committee erred by finding an alternative medical centre provided a readily and reasonably available alternative for the applicant's patients - whether applicant bears the burden of proving the existence of exceptional circumstances - whether reg 11(b) required the Committee to consider whether alternative medical services were available on each and every day in the review period - whether the Committee impermissibly considered practice management considerations
ADMINISTRATIVE LAW - Judicial Review - Professional Services Review Scheme under Part VAA of the Health Insurance Act - procedural fairness - where Committee called a witness to give evidence which contradicted the applicant's evidence a week before the last day of hearing - where notice did not encompass all evidence given by the witness at the hearing - where Committee relied on the witness' evidence to find that exceptional circumstances did not exist - whether the Committee was required to give the applicant a further opportunity to respond to witness' evidence - whether the finding was an adverse conclusion which was not obviously open on the known material
HEALTH LAW - Health Insurance (General Medical Services Table) Regulations 2012 (Cth) - construction of reg 2.15.1 and MBS item 597 - whether urgency is assessed when a practitioner determines to make an attendance or whether it is assessed at the time of an examination of the patient
Conclusion: application dismissed
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PrimeQ Limited, in the matter of PrimeQ Limited (No 2) [2018] FCA 2073
CORPORATIONS - application pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of two schemes of arrangement for acquisition of ordinary and performance shares by another company - application pursuant to s 411(12) of the Corporations Act 2001 (Cth) for exemption from compliance with s 411(11) regarding the two schemes of arrangement - order pursuant to ss 411(4) and 411(12) made.
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Manandhar v Minister for Immigration and Border Protection [2018] FCA 2035
PRACTICE AND PROCEDURE - application for an extension of time - whether adequate explanation for delay - whether proposed Grounds of Appeal have prospects of success - application refused
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BBU16 v Minister for Immigration and Border Protection [2018] FCA 2049
MIGRATION - Protection visa - where application for Protection visa refused - where Tribunal made adverse findings of fact - whether Tribunal failed to consider an integer of the claim - whether Tribunal failed to consider the Appellant's past profile when considering future harm - no appellable error
ADMINISTRATIVE LAW - where notice of appeal indicated the Appellant was seeking legal assistance - whether appellant entitled to be provided with legal assistance in administrative proceedings
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Mohammed v Minister for Immigration and Border Protection [2018] FCA 2036
PRACTICE AND PROCEDURE - application for extension of time - where Applicant failed to appear - whether Applicant provided adequate explanation for the delay - whether proposed Grounds of Appeal have any merit - application refused
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Excelsior Gold Limited, in the matter of Excelsior Gold Limited [2018] FCA 2064
CORPORATIONS - scheme of arrangement - first court hearing - application to convene a members' meeting pursuant to s 411(1) of the Corporations Act 2001 (Cth) - orders made convening the meeting
CORPORATIONS - scheme of arrangement - second court hearing - application for approval - scheme approved
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