Articles on this Page
- 01/13/19--17:31: _CYO16 v Minister fo...
- 01/13/19--21:47: _Caesarstone Ltd v C...
- 01/14/19--17:24: _Morris v McConaghy ...
- 01/14/19--17:24: _Motorola Solutions,...
- 01/14/19--17:24: _DZG17 v Minister fo...
- 01/14/19--20:22: _Farnsworth v About ...
- 01/14/19--20:56: _Australian Competit...
- 01/15/19--15:56: _Booth v Offerman as...
- 01/16/19--10:49: _Fair Work Ombudsman...
- 01/16/19--22:11: _McVeigh v Retail Em...
- 01/16/19--22:11: _DHP17 v Minister fo...
- 01/16/19--22:11: _White, in the matte...
- 01/16/19--22:11: _ALQ17 v Minister fo...
- 01/17/19--21:19: _McKenzie v Cash Con...
- 01/17/19--21:19: _Albarran (Liquidato...
- 01/17/19--21:19: _CVN17 v Minister fo...
- 01/17/19--21:19: _Lumen Australia Pty...
- 01/17/19--21:19: _Rojas v United Stat...
- 01/17/19--21:19: _Pate v State of Que...
- 01/13/19--17:31: CYO16 v Minister for Immigration and Border Protection  FCA 2
- 01/13/19--21:47: Caesarstone Ltd v Ceramiche Caesar S.p.A. (No 3)  FCA 7
- 01/14/19--17:24: Morris v McConaghy Australia Pty Ltd  FCA 2099
- 01/14/19--17:24: DZG17 v Minister for Immigration and Border Protection  FCA 8
- 01/16/19--10:49: Fair Work Ombudsman v Spotless Services Australia Ltd  FCA 9
- 01/16/19--22:11: McVeigh v Retail Employees Superannuation Pty Ltd  FCA 14
- 01/16/19--22:11: DHP17 v Minister for Home Affairs  FCA 15
- 01/16/19--22:11: ALQ17 v Minister for Immigration and Border Protection  FCA 16
- 01/17/19--21:19: McKenzie v Cash Converters International Ltd (No 3)  FCA 10
- 01/17/19--21:19: CVN17 v Minister for Immigration and Border Protection  FCA 13
- 01/17/19--21:19: Rojas v United States of America  FCA 22
- 01/17/19--21:19: Pate v State of Queensland  FCA 25
MIGRATION - Safe Haven Enterprise visa (SHEV) - appeal from the Federal Circuit Court of Australia - Federal Circuit Court dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister for Immigration and Border Protection to refuse the appellant a SHEV - where appellant seeks leave to rely on ground in draft notice of appeal - whether proposed ground was raised in the proceedings in the Federal Circuit Court - where IAA determined that two DFAT reports supplied to it by the appellant were not 'new information' for the purposes of s 473DC and s 473DD of the Migration Act 1958 (Cth) - where one DFAT report was not referred to in the delegate's decision record - whether the Tribunal fell into jurisdictional error by not refusing to admit that DFAT report - leave to rely on proposed ground in the draft notice of appeal refused - appeal dismissed
TRADE MARKS - appropriate form of orders to give effect to reasons for judgment, particularly in relation to goods and services in Class 19, Class 20, Class 35 and Class 37 - appropriate costs order in proceedings before the Registrar where appeals allowed in light of evidence that was not before the Registrar
COSTS - appropriate order where parties have mixed success
COSTS - appeal from Federal Circuit Court - whether Court erred in ordering costs pursuant to Fair Work Act 2009 (Cth) s 570 - whether proceedings instituted vexatiously - whether costs incurred by unreasonable act - where Appellant discontinued proceedings
PRACTICE AND PROCEDURE - application to amend pleadings to include copyright infringement case - where respondents claim amendments would postpone hearing dates
MIGRATION - consideration of an interlocutory application for leave to rely upon particular documents and oral evidence on the hearing of an appeal
CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiff must convene the meeting of the creditors of the defendant company under s 439A(1) - orders granted
PRACTICE AND PROCEDURE - application for leave to proceed under subs 500(2) of the Corporations Act 2001 (Cth) - where serious question as to appropriate penalties for contravening conduct remains to be tried - where strong public interest in proceedings continuing - where contravening corporation has submitted to the orders of the Court save as to costs - application allowed
BANKRUPTCY AND INSOLVENCY - where applicant (a bankrupt) seeks his trustee's consent to travel overseas - where trustee gives consent on condition of payment of specific sum to bankrupt's estate - whether Court should direct trustee to give consent without that condition and, if so, on what conditions
INDUSTRIAL LAW - application for declaration that the respondent breached s 119(1)(a) of the Fair Work Act 2009 (Cth) - where employer terminated the employment of employees after losing a customer contract for services - where employer did not pay redundancy payments to the terminated employees - where employer sought to rely on 'ordinary and customary turnover of labour' exception in s 119(1)(a) - whether terminations were due to 'ordinary and customary turnover of labour' - whether exception should be construed by reference to industrial law decisions prior to enactment of s 119(1)(a) - whether previous decision to the effect that previous case law was of limited value in statutory construction should not be followed - declaration of contravention of s 119(1)(a) by failing to pay redundancy upon termination of employment
INDUSTRIAL LAW - whether decision to dismiss employees gave rise to an obligation to notify Centrelink of the dismissals under s 530(1) of the Act - consideration of statutory construction of phrases 'reasons of economic, technological, structural or similar nature' and 'genuine operational reasons' - no contravention of s 530(1)
PRACTICE AND PROCEDURE - application for maximum costs order pursuant to r 40.51 of Federal Court Rules 2011 (Cth) - whether maximum costs order should be made - whether proceedings in public interest - whether application premature - where Applicant claims breaches of statutory and equitable duties of superannuation trustee regarding climate change risks - where Applicant indemnified by third party to a maximum amount
MIGRATION - appeal from Federal Circuit Court - whether Court erred in summarily dismissing appeal on show cause basis from Immigration Assessment Authority - whether Applicant had arguable case for jurisdictional error - where Applicant alleged inconsistency between Authority's reliance on country reports
CORPORATIONS - application for direction pursuant to s 90-15 of Insolvency Practice Schedule (Corporations) - whether liquidators justified in treating monies as company assets - whether trust claims can be determined under s 90-15 - where direction opposed by unpaid vendors asserting trusts over monies
MIGRATION - application for extension of time and leave to appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal for non-appearance - where Applicant sought adjournment on day of hearing for medical reasons - where Applicant indicated to Minister that he could appear by telephone
PRACTICE AND PROCEDURE - application for disqualification of judge on the basis of apprehended bias - whether hypothetical lay observer might apprehend that a settlement approval application pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) might be determined otherwise than on its merits - disqualification application dismissed
PRACTICE AND PROCEDURE - observations on appropriate procedure for raising the issue of apprehended bias
CORPORATIONS - examination - application for review of orders made by Judicial Registrar - real risk of harm to the administration of justice by publication of parts of examination transcript - application for review upheld
PRACTICE AND PROCEDURE - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - reasonable explanation for delay - no particular prejudice to the respondent - merits of the application - where respondent did not oppose extension of time - extension of time granted
MIGRATION - application for review of decision of the Administrative Appeals Tribunal not to revoke mandatory cancellation of visa by delegate under s 501CA(4) of Migration Act 1958 (Cth) - whether Tribunal erred in its consideration of the best interests of minor children in Australia affected by the decision - whether Tribunal erred in taking into account the applicant's conduct as a child under the age of 10 - whether Tribunal failed to take into account a claim before it about how applicant's removal would affect the applicant's mother and stepfather's relationship and thereby contributed to his difficulties if removed from Australia - decision of the Tribunal set aside
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
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