CONSUMER LAW - misleading or deceptive conduct contrary to s 18 Australian Consumer Law - false or misleading representations contrary to s 29(1) Australian Consumer Law - whether respondent represented to ordinary reasonable consumers of antiperspirant deodorants in Australia that its product had "similar antiperspirant efficacy" to the applicant's product, or that its product had "greater antiperspirant efficacy" than all other "non-clinical" antiperspirant deodorants ordinarily available from supermarkets in Australia - representations not expressly made - representations implied or inferred from conduct in marketing, distributing and selling products - whether there was a "clinical" subcategory of the market for antiperspirant deodorants in Australia - what qualities or characteristics membership of the "clinical" subcategory conveyed to ordinary reasonable consumers - representations found not to be made - whether, if made, representations were false or misleading - where evidence sufficient to prove the falsity of some of the representations - whether laboratory test results were capable of proving that the applicant's and respondent's products were "similar" or that the respondent's products were "superior" to all other "non-clinical" antiperspirant deodorants ordinarily available from supermarkets in Australia - whether, if made, respondent had reasonable grounds to make representations as to future matters - where respondent did not have reasonable grounds for making representations as to future matters - application dismissed
Unilever Australia Ltd v Beiersdorf Australia Ltd [2018] FCA 2076
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Electoral Commissioner, in the matter of an Inquiry Relating to Election for an Office in the Australian Education Union (SA Branch) [2018] FCA 2074
INDUSTRIAL LAW - Inquiry into election for office in a branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - ballot papers provided to several persons who were not entitled to vote - inclusion of ineligible votes meant the result of the election was affected by irregularity - election declared void and consequential orders made.
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Neville's Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd [2018] FCA 2098
TORTS - applicant brought proceedings against three respondents, being two different Pitcher Partner entities and a former partner and director of each - allegations of deceit and negligence - where respondents engaged to provide services to the applicant to assist it prepare its tender bid for Transport for New South Wales (TfNSW) for provision of bus services - where costs calculated by the respondents contained an amortisation error which affected the tender bid - where applicant won the tender and entered into contract and novated leases based on erroneous figures - where result was that the contract with TfNSW was not as profitable as anticipated and the applicant was bound by novated lease obligations - where applicant alleges that respondents discovered the error and fraudulently concealed it - finding of fraudulent concealment - damages awarded in deceit
AGENCY - whether second respondent was an agent of the first and therefore liable - finding of agency relationship
CONSUMER LAW - where same circumstances gave rise to allegations of misleading and deceptive conduct in breach of the Australian Consumer Law
CONTRACTS - where same circumstances gave rise to allegations of breach of contract and claims for lost opportunities
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Robinson v Deep Investments Pty Ltd [2018] FCAFC 232
PRACTICE AND PROCEDURE - appeal and cross-appeal from decision of primary judge striking out parts of statement of claim precluded by Anshun estoppel and abuse of process - where primary judge did not uphold application for summary dismissal - where proceedings seek to recover losses the subject of prior consent judgment in Supreme Court proceedings - where primary judge allowed proceedings to continue but limited to claims and causes of action arising from non-disclosure - Anshun estoppel - abuse of process
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Comcare v Dalgleish [2018] FCA 2092
WORKERS' COMPENSATION - interpretation of transitional provisions in s 124 of Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether transitional provisions preserve entitlements in respect of specific heads or amounts of loss or damage - where conceded that Tribunal erred in applying previous version of Act - findings of fact pursuant to s 44(7) of Administrative Appeals Tribunal Act 1975 (Cth) - whether cushioned running shoes constitutes "medical treatment" for the purposes of compensation under s 16 and either s 4(1)(f) or s 4(1)(h)
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Practitioner D3 v Council of the Law Society of the ACT [2018] FCA 2080
PRACTICE AND PROCEDURE - application by first respondent for summary judgment on the ground that the proceeding is an abuse of process - application granted - applicant ordered to pay the first respondent's costs on an indemnity basis
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Calico Global Pty Ltd v Calico LLC [2018] FCA 2096
TRADE MARKS - Trade Marks Act 1995 (Cth) - appeal from Registrar's decision to remove registration of trade mark from one class of services under s 101(1) Trade Marks Act 1995- whether non-use or use in good faith during three year period prior to application to remove - where unregistered assignment by registered owner of trade mark - where unregistered assignee licensed trade mark to licensee - whether any uses after assignment and licence were by registered owner or authorised user - whether use of trade mark was as badge of origin of services - whether use was of character appropriate to class of registration
TRADE MARKS - s 101(3) Trade Marks Act 1995- discretion to allow registration to remain where grounds of opposition established - where registered owner engaged in conduct not in good faith to interfere with opponent's use - where real risk of future repetition of confusing conduct - where trade mark registration in another class not challenged - whether detriment if discretion not exercised
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Ark Energy Ltd v Buckby, in the matter of John William Buckby [2018] FCA 2095
BANKRUPTCY AND INSOLVENCY - creditor's petition seeking a sequestration order against the Respondent under s 43 of the Bankruptcy Act 1966 (Cth) - petition referred for hearing and determination by a Judge - oral application by Respondent for adjournment of the hearing of the petition - oral application refused - sequestration orders made.
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Belan v National Union of Workers - New South Wales Branch [2018] FCAFC 239
STATUTORY INTERPRETATION - whether "any court of the Commonwealth" can mean a body not exercising the judicial power of the Commonwealth - whether statute precluding admissibility of evidence before royal commission in any court of the Commonwealth applies to proceedings in the Fair Work Commission
STATUTORY INTERPRETATION - whether disadvantage caused "for or on account of" use of transcript of evidence given in royal commission by Fair Work Commission
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Australian Competition and Consumer Commission v ACM Group Limited (No 3) [2018] FCA 2059
CONSUMER LAW - consideration of appropriate relief where the Court previously found that the respondent contravened ss 18, 20 and 50 of the Australian Consumer Law (ACL) - whether appropriate to grant injunctive relief under s 232 of the ACL - consideration of the appropriate quantum of pecuniary penalty to be awarded under s 224 of the ACL - whether appropriate to order that the respondent enter into a compliance program and publish corrective advertising under s 246 of the ACL - whether appropriate to make an adverse publicity order under s 247 of the ACL
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Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2018] FCAFC 237
TAXATION - Customs and Excise - tariff classification - appeal from a decision of the Administrative Appeals Tribunal - whether Tribunal erred in classifying vitamin preparations and garcinia preparations as medicaments under the Customs Tariff and free from duty - whether the preparations should be classified as food supplements and subject to duty
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Fyna Projects Pty Ltd v Deputy Commissioner of Taxation [2018] FCA 2041
TAXATION - review of decisions of the Deputy Commissioner of Taxation to issue notices under s 260-5 of Sch 1 to the Taxation Administration Act 1953 (Cth) - where applicant paid amounts in breach of a s 260-5 notice - where Commissioner subsequently issued s 260-5 notices to third party debtors of the applicant - whether notices issued to third parties being debtors of the applicant were invalid - whether the applicant's breach of s 260-5 gave rise to a "tax-related liability" within the meaning of s 255-1 which could found the issuing of further notices - whether the applicant had a "pecuniary liability" to the Commonwealth arising "directly" under a taxation law
TAXATION - whether s 260-5 notices were invalid - whether the notices issued to third party debtors of the applicant were issued for an improper purpose - whether the notices issued to the applicant and its third party debtors were invalid because they identified the amounts required to be paid disjunctively - whether the notices were otherwise liable to be set aside as vague or ambiguous in certain identified respects
CONSTITUTIONAL LAW - whether s 260-5 is supported by the taxation power in s 51(ii) of the Constitution - whether s 51(ii) authorised the issuing of notices to third party debtors of the applicant in respect of a "tax-related liability" purportedly created by breach of an earlier notice issued to the applicant under s 260-5 - whether the true source of legislative power was s 51(xxxi) of the Constitution
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Oztech Pty Ltd v Public Trustee of Queensland (No 17) [2018] FCA 2068
COSTS - application by respondent for award of indemnity costs - whether offer was a genuine compromise - whether applicant unreasonably failed to accept offer of compromise - whether special costs order under s 43 of the Federal Court of Australia Act 1976 (Cth) should be made
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Zurich Australian Insurance Limited, in the matter of Zurich Australian Insurance Limited (No 2) [2018] FCA 2067
INSURANCE - transfer of insurance business - application for confirmation of scheme - scheme confirmed without modification
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Greencross Limited, in the matter of Greencross Limited [2018] FCA 2093
CORPORATIONS - scheme of arrangement - application for orders to convene meeting of members
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Hall v Slater & Gordon Limited [2018] FCA 2071
CORPORATIONS - scheme of arrangement - application for approval of schemes of arrangement under s 411 of the Corporations Act 2001 (Cth) - interconnection with approval of settlement of representative proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether in the circumstances the schemes are fair and reasonable so that an intelligent and honest shareholder, properly informed and acting alone, might approve it - whether the difference in shareholders' interests was such as to create separate classes - schemes of arrangement approved
PRACTICE AND PROCEDURE - representative proceedings - application pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) seeking approval of proposed settlement interconnection with approval of schemes of arrangement under s 411 of the Corporations Act 2001 (Cth) - whether the proposed settlement is fair and reasonable and in the interests of group members - settlement approved
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Dunn v Minister for Immigration and Border Protection [2018] FCAFC 233
MIGRATION - visa cancelled on character grounds - Minister refusing to revoke cancellation - Minister having regard to impacts of any future offending - whether appellant denied procedural fairness in relation to the impacts - whether impacts material to Minister's decision - whether consideration of the impacts obviously arose on the known materials as an aspect of the risk posed by the appellant to the Australian community
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DCD18 v Minister for Home Affairs [2018] FCA 2090
MIGRATION - where applicant's protection visa refused on character grounds - whether refusal decision communicated to applicant in accordance with s 494B(5) of the Migration Act 1958 (Cth) - refusal decision not transmitted to last email address provided for the purposes of receiving documents - application for review remitted to Administrative Appeals Tribunal
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Australasian Correctional Services Pty Limited v AIG Australia Limited [2018] FCA 2043
INSURANCE - Where former detainee of immigration detention centre sued the Commonwealth in tort - where the Commonwealth cross-claimed against applicants for contribution or indemnity - where respondent issued general and products liability policy to applicants - where respondent accepted obligation to defend cross-claim in the name of and on behalf of applicants - whether respondent liable under policy to pay or bear costs incurred in defending cross-claim - whether costs incurred in defending cross-claim fell within deductible and policy exclusion - respondent liable to pay or bear the whole of the costs of the defence - respondent's expenses incurred in defending suit not to be construed as costs falling within deductible and policy exclusion
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Uriaere v Minister for Home Affairs [2018] FCA 2084
MIGRATION - judicial review of Minister's decision under s 501BA(2) Migration Act 1958 (Cth) to set aside a decision made by the Administrative Appeals Tribunal under s 501CA Migration Act 1958 (Cth) - where applicant had a "substantial criminal record" - where applicant's visa cancelled by delegate of the Minister under the mandatory cancellation provisions - where delegate of the Minister decided not to revoke mandatory cancellation - where Administrative Appeals Tribunal decided to revoke the cancellation of applicant's visa - where Minister set aside Tribunal's decision
PRACTICE AND PROCEDURE - application for extension of time to file application for relief under s 476A Migration Act 1958 (Cth) - where Minister did not object to time being extended
ADMINISTRATIVE LAW - judicial review - whether Minister's decision was legally unreasonable - whether Minister failed to give proper, genuine or realistic consideration to relevant matters - application for judicial review dismissed
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