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Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd (No 2) [2019] FCA 18


Rojas v United States of America [2019] FCA 22

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EXTRADITION - application for review under s 21 of the Extradition Act 1988 (Cth) - whether Court satisfied that requirements of ss 19(2)(b) and 19(2)(c) established - consideration of the dual criminality requirement of s 19(2)(c) - held: application dismissed

Pate v State of Queensland [2019] FCA 25

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NATIVE TITLE - non-claimant application for a negative determination of native title under s 61(1) of the Native Title Act 1993 (Cth) (the NTA) - where the application is unopposed under s 86G of the NTA - the principles relevant to the exercise of the Court's discretion to make a negative native title determination - the nature of s 24FA protection - the difficulties associated with s 42 of the Aboriginal Land Rights Act 1983 (NSW) - whether negative native title determinations can be granted solely on the basis of satisfying the formal requirements of the NTA - the onus of the non-claimant applicant to prove, on the balance of probabilities, that native title does not exist on the relevant area of land - the importance of adducing sufficient evidence to discharge that onus

BCF16 v Minister for Immigration and Border Protection [2019] FCA 19

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MIGRATION - protection visa - whether Tribunal failed to consider and assess an essential integer of the appellant's claims - whether Tribunal misapplied complementary protection criterion - application to raise additional argument on appeal not raised in judicial review proceedings before primary judge - proposed new ground asserting mental incapacity at time of Tribunal hearing - proposed new ground having no reasonable prospect of success - appeal dismissed

CJD16 v Minister for Immigration and Border Protection [2019] FCA 20

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MIGRATION - appeal from judgment dismissing application for judicial review of a decision of the Immigration Assessment Authority - Authority affirming a decision to refuse to grant the appellant a protection visa - Authority finding the appellant had been subject to periodic detention and questioning - Authority finding appellant had been subject to threats of physical assault but not in fact assaulted - Authority finding appellant may experience like events if returned to his home country - Authority finding no real chance appellant would suffer serious harm - whether Authority misconstrued or misapplied test for serious harm - meaning of "significant physical harassment" - whether Authority's decision affected by legal unreasonableness - no jurisdictional error - appeal dismissed

Australian Securities and Investments Commission v CFS Private Wealth Pty Ltd (No 2) [2019] FCA 24

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CORPORATIONS - application by the Australian Securities and Investments Commission (ASIC) to wind up the three respondent companies on the just and equitable ground under s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act) - the relevant principles for such winding up orders - where one of those companies is deregistered, whether it should first be reinstated under s 601AH(2) of the Act - whether ASIC is an aggrieved person for the purposes of s 601AH(2) of the Act CORPORATIONS- application by ASIC to permanently restrain the fourth respondent from providing financial services under s 1324(1)(e) of the Act and to disqualify him from managing corporations under s 206E(1) of the Act - where the fourth respondent was a financial advisor engaged in the investment of his clients' superannuation savings - where ASIC's investigations determined that the fourth respondent frequently misappropriated investor funds for personal purposes over a number of years - where the fourth respondent, as the director of the first respondent, failed to ensure that the first respondent lodged its annual financial statements on time or at all - the principles relevant to disqualification and restraint orders - the appropriate restraint and disqualification periods to be imposed

Carlos v Secretary, Department of Social Services [2019] FCA 21

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ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal on an asserted question of law - decision to cancel social security payment - whether Tribunal failed to take into account opinion evidence - no error of law established

Connelly (Liquidator), in the matter of Samgris Resources Pty Ltd (In Liq)

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CORPORATIONS - application seeking orders that particular dispositions of property of the company are not void under s 468(1) of the Corporations Act 2001 (Cth) (the Act) - where the company was wound up but the winding up order was stayed for a period of time - where, because the company remained solvent and under the control of its directors, the company entered into multiple transactions during the stay period - where these transactions were deemed void as a result of ss 468(1) and 513A(e) of the Act from the date the winding up order was made - where the transactions were for the supply of goods or services which benefited the company and would be near impossible to reverse - the principles to be applied by courts when making validation orders under s 468(1) of the Act

DLJ18 v Minister for Home Affairs [2018] FCA 2108

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PRACTICE AND PROCEDURE - migration - application for interlocutory injunction to restrain removal from Australia - no prejudice suffered by Minister - unfairness occasioned to Applicant where notice of the intention to remove him was served a short time before Christmas

Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12

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CONSUMER LAW - whether franchisor contravened disclosure requirements in the Competition and Consumer (Industry Codes - Franchising) Regulation 2014 (Franchising Code) - whether franchisor contravened cl 6(1) of the Franchising Code, obligation to act in good faith - whether franchisor engaged in misleading or deceptive conduct - whether franchisor made false or misleading representations - whether conduct of the franchisor aberrant - held: contraventions established as alleged - assessment of pecuniary penalties

Secretary, Department of Social Services v Sziva [2019] FCA 23

Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2019] FCA 30

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NATIVE TITLE - consent orders - whether more appropriate to proceed under s 81 of the Native Title Act 1993 (Cth) by adopting findings in other proceedings or under s 86G or s 87 where the application is unopposed or agreement is reached

Hopkins as Trustee of The David Hopkins Super Fund v Macmahon Holdings Limited [2018] FCA 2061

Hill, in the matter of Flow Systems Pty Ltd (Administrators Appointed) [2019] FCA 27

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CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the first plaintiffs must convene the meeting of the creditors of the relevant companies under s 439A(1) - orders granted

Meat & Livestock Australia Limited v Cargill, Inc (No 2) [2019] FCA 33

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PATENTS - bovine genome - bovine DNA - single nucleotide polymorphisms - molecular genetics - quantitative genetics - inferring or identifying phenotype from genotype - construction of claims - lack of clarity - failure to define invention - application to amend claims -construction of s 105(1A) of Patents Act 1990 (Cth) - whether s 105(1A) power discretionary or merely empowering - application of s 102 - statistical significance - stipulation of p-values - linkage disequilibrium - r2 values - other discretionary considerations - question of functus officio, estoppel and election - application to amend granted

DVI17 v Minister for Immigration and Border Protection [2019] FCA 31

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MIGRATION - application for extension of time to file notice of appeal from orders of the Federal Circuit Court of Australia - application dismissed

Sabado v Minister for Home Affairs [2019] FCA 26

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MIGRATION - where applicant's visa revoked under s 501(3A), Migration Act 1958 (Cth) - where applicant sought revocation of cancellation decision under s 501CA, Migration Act 1958 (Cth) - where applicant relied on completion of therapeutic sex offender program in support of his application for revocation - where program aimed at applicant's offending conduct which formed the basis of the visa cancellation - where Minister found that the applicant was awaiting placement only in the program - where compelling inference that the Minister overlooked the evidence that the applicant had completed the program and did not consider the reason advanced by the applicant for revocation - application allowed

Hill (Administrator) in the matter of Flow Systems Pty Ltd (Administrators Appointed) [2018] FCA 2113 

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CORPORATIONS - consideration of an application to vary the operation of Part 5.3A of the Corporations Act 2001 (Cth) and related orders

Weston (Trustee) v Sanna [2019] FCA 32

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BANKRUPTCY - whether the transfers of two properties to the respondent are respectively void against the trustee pursuant to s 120 or, in the alternative, s 121 of the Bankruptcy Act 1966 (Cth) (Act) - whether the bankrupt's main purpose in transferring the properties was to prevent them from becoming divisible among the bankrupt's creditors or to hinder or delay that process - whether the properties would probably have become part of the bankrupt's estate or would be available to creditors if the properties had not been transferred.

Singh v Minister for Home Affairs (No 2) [2019] FCA 29

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COSTS - where Minister entirely successful in objection to the competency of the appeal - where issue as to the conduct of a third party who purported to represent the appellant - where the third party was not a legal practitioner - whether and against whom cost orders should be made - whether referral should be made to relevant authorities in relation to the third party's conduct
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