Zappia v Commissioner of Taxation [2017] FCA 390
INCOME TAX - whether taxpayer has discharged onus under Taxation Administration Act 1953 (Cth) s 14ZZO(b)(i) - whether notices of amended assessment excessive - whether funds distributed to taxpayer on...
View ArticleClarke v Sandhurst Trustees Limited [2017] FCA 401
HIGH COURT AND FEDERAL COURT - consideration of the overarching purpose as contemplated by ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) - consideration of an application for leave to...
View ArticleHomart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd [2017] FCA 403
TRADE PRACTICES - misleading or deceptive conduct - packaging and get-up of cosmetic products - different trade marks - market for both products consumers of ethnic Chinese origin - comparison of...
View ArticleING Bank (Australia) Limited v State of Queensland, in the matter of Watson...
BANKRUPTCY - disclaimer of real property by trustees in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) - mortgagee Bank making an application under s 133(9) to have property vested in...
View ArticleSuk v Hanjin Shipping Co Ltd [2017] FCA 404
BANKRUPTCY AND INSOLVENCY - Admiralty - Cross-Border Insolvency Act 2008 (Cth) - Recognition of foreign main proceeding and foreign representative - foreign proceeding terminated - failure to notify...
View ArticleWotton v State of Queensland (No 7) [2017] FCA 406
PRACTICE AND PROCEDURE - representative proceeding - registration of group members - form and content of notices under ss 33X(5) and 33Y of the Federal Court of Australia Act 1976 (Cth) - expenses for...
View ArticleChevron Australia Holdings Pty Ltd v Commissioner of Taxation [2017] FCAFC 62
INCOME TAX - transfer pricing - whether consideration exceeded arm's length consideration - consideration that might have been reasonably expected between independent parties dealing at arm's length -...
View ArticleBal v Minister for Immigration and Border Protection [2017] FCA 228
MIGRATION - appeal from Federal Circuit Court upholding decision of Migration Review Tribunal to refuse to grant a student visa - failure to satisfy the requirement that the visa applicant intended...
View ArticleSZVED v Minister for Immigration and Border Protection (No 2) [2017] FCA 395
COSTS - whether costs should be awarded in a specified sum pursuant to s 43(3)(d) of the Federal Court of Australia Act 1976 (Cth)
View ArticleAIZ15 v Minister for Immigration and Border Protection [2017] FCA 408
MIGRATION - application for protection visa - alleged errors by Tribunal - alleged failure to inquire - appeal dismissed
View ArticleGeneral Manager of the Fair Work Commission v McGiveron [2017] FCA 405
INDUSTRIAL LAW - admitted contraventions of ss 285(1), 286(1) and 287(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) - assessment of penalties - factors considered
View ArticleUnited Voice v Phillip Cleaning Service Pty Ltd [2017] FCA 392
INDUSTRIAL LAW - whether employer complied with legal obligations to employees - whether employees underpaid - whether employer misrepresented employee workplace rights - whether required induction...
View ArticleCommonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2017] FCA 382
CONTRACTS - settlement agreement including clause prohibiting certain parties thereto from voluntarily assisting or encouraging another litigant not a party to the settlement agreement by waiving any...
View ArticleCao v Goldsmith t/as Goldsmith Lawyers [2017] FCAFC 63
COSTS - in light of a successful appeal, whether the costs of the appeal and of the primary hearing should be paid by the respondent to the appeal or by the appellant or whether those costs should...
View ArticleAustralian Competition and Consumer Commission v Apple Pty Ltd [2017] FCA 416
PRACTICE AND PROCEDURE - service out of jurisdiction - alleged contraventions of the Australian Consumer Law - whether requirements for service out of the jurisdiction satisfied
View ArticleJames v Minister for Immigration and Border Protection [2017] FCA 410
MIGRATION - judicial review of Minister's decision not to revoke decision to cancel visa - whether Minister failed to have regard to correct legal principle in assessing the applicant's criminality and...
View ArticleSagoa v Minister for Immigration and Border Protection [2017] FCA 418
MIGRATION - application for extension of time - significant delay without satisfactory explanation - no merits of claim - whether decision was unreasonable - whether there was no evidence - relevant...
View ArticleSA Power Networks v Australian Competition Tribunal [2017] FCA 415
PRACTICE AND PROCEDURE - application to intervene in judicial review proceedings - nature, scope and length of submissions by intervener - outline of oral submissions by parties and intervener limited...
View ArticleHamade v Minister for Immigration and Border Protection [2017] FCA 402
MIGRATION - application for interlocutory injunctive relief - cancellation of visa on character grounds where substantial criminal record -consideration of Australian Citizenship Act 1948 (Cth) (now...
View ArticleMuswellbrook Shire Council v The Royal Bank of Scotland NV [2017] FCA 414
PRACTICE AND PROCEDURE - representative proceeding - application for Court approval of settlement of proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the settlement is...
View Article