SZUYV v Minister for Immigration and Border Protection [2016] FCA 173
PRACTICE AND PROCEDURE - application for leave to appeal decision of the Federal Circuit Court of Australia ("FCCA") - dismissal of an application for judicial review of the Refugee Review Tribunal -...
View ArticleMultigate Medical Devices Pty Ltd v B Braun Melsungen AG [2016] FCAFC 21
PATENTS intravenous catheters safety needle protecting devices construction of integers of claims infringement infringement claim upheld by primary judge leave to appeal granted appeal...
View ArticleJR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20
CONTRACT - consideration of the relevant principles for the construction of a commercial contract - whether Recitals taken into account - whether court may have regard to conduct after the contract -...
View ArticleDeputy Commissioner of Taxation v Hawkins (Inspection Application by Matrix...
PRACTICE AND PROCEDURE - request to inspect documents on court file - leave required to inspect documents -factors relevant to grant of leave - principle of open justice - affidavits and exhibits read...
View ArticleSeymour v Commissioner of Taxation [2016] FCAFC 18
ADMINISTRATIVE LAW appeal from a decision on a judicial review setting aside a decision of the Administrative Appeals Tribunal (AAT) to grant leave for overseas taxpayers to give evidence by video...
View ArticleAJW15 v Minister for Immigration and Border Protection [2016] FCA 197
MIGRATION - application for protection (class XA) visa - appeal from Federal Circuit Court of Australia - whether Tribunal failed to consider relevant guidelines - whether Tribunal misapplied country...
View ArticleFair Work Ombudsman v Eastern Colour Pty Ltd (No 3) [2016] FCA 186
INDUSTRIAL LAW - assessment of penalty - imposition of penalties on the respondents following contraventions of Workplace Relations Act 1996 (Cth) - factors relevant to determining penalty - where...
View ArticleDZAEG v Minister for Immigration and Border Protection [2016] FCA 194
MIGRATION LAW - application for extension of time - whether substantive appeal has merit - whether Tribunal considered all relevant evidence
View ArticleBZAGX v Minister for Immigration and Border Protection [2016] FCA 86
MIGRATION - Extension of time to appeal - Recourse to Minister under s 417 - Whether satisfactory explanation for failure to appeal within time - Discretionary factors
View ArticleStimpson and Meagher (Liquidators); In the matter of Mackenbry Pty Ltd (In...
PRACTICE AND PROCEDURE - application for default judgment - respondent appearing to be in default - lack of evidence that the respondent was properly served with originating process - respondent served...
View ArticleWZAVQ v Minister for Immigration and Border Protection [2016] FCA 188
MIGRATION - application for protection (class XA) visas - appeal from Federal Circuit Court of Australia - whether Tribunal failed to consider appellants' claims - whether Tribunal failed to consider...
View ArticleFair Work Ombudsman v Al Hilfi [2016] FCA 193
INDUSTRIAL LAW - penalty hearing - where respondents involved in contravention of civil remedy provision -where failure to pay minimum wages and entitlements prescribed by Fair Work Act 2009 (Cth) and...
View ArticleFinch v The Heat Group Pty Ltd (No 5) [2016] FCA 191
PRACTICE AND PROCEDURE - Application to strike out pleadings pursuant to r 16.21 Federal Court Rules 2011 (Cth) - Limitations of actions - Whether causes of actions statute barred - Limitation on the...
View ArticlePatel v Minister for Immigration and Border Protection [2016] FCA 198
MIGRATION - subclass 573 Higher Education Sector visa - jurisdiction of the Tribunal - whether Tribunal failed to comply with obligations under Migration Act 1958 (Cth) - whether reference by primary...
View ArticleSZUOJ v Minister for Immigration and Border Protection [2016] FCA 195
ADMINISTRATIVE LAW - arbitrary reasoning of decision-maker - jurisdictional error - adverse findings as to credibility
View ArticleALU15 v Minister for Immigration and Border Protection [2016] FCA 204
MIGRATION application for extension of time where proposed appeal has no merit application dismissed oral application for an adjournment medical illness medical certificate inadequate ...
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