Higginbotham v Kerr [2017] FCA 686
EVIDENCE - application reopened to file additional evidence - evidence revealed material nondisclosure of facts relevant to application - whether submissions, evidence and transcripts should be...
View ArticleLifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in...
PRACTICE AND PROCEDURE – form of final orders – whether declarations should be made – consideration of Court’s power to make declarations
View ArticleShaw v Yarranova Pty Ltd [2017] FCAFC 88
BANKRUPTCY - dismissal of annulment application - appeal - refusal by primary judge to go behind judgment debts - history of litigation challenging judgment debts - solvency not proven - discretion to...
View ArticleMorris Finance Ltd v Brown [2017] FCAFC 97
BANKRUPTCY - application for leave to appeal from decision of the Supreme Court of New South Wales - equitable charge over real property - proceedings for orders for possession and sale - whether...
View ArticleBHB15 v Minister for Immigration and Border Protection [2017] FCA 680
MIGRATION - appeal from a decision of the Federal Circuit Court - where a delegate of the Minister refused application for protection visa - obligations of Tribunal under ss 424A and 424AA of the...
View ArticleAustralian Securities and Investments Commission v McCormack (No 2) [2017]...
COSTS - whether the Court should issue a certificate under the Federal Proceedings (Costs) Act 1981 (Cth) to unsuccessful respondent
View ArticleYoung v Hughes Trueman Pty Ltd (No 5) [2017] FCA 690
PRACTICE AND PROCEDURE - application for recusal - application made in relation to hearing of special costs application brought against solicitors for unsuccessful party in earlier proceedings -...
View ArticleHacon v Commissioner of Taxation [2017] FCA 659
INCOME TAX - private ruling - ruling on way in which in Commissioner's opinion tax law would apply to person in relation to arrangement - Judicial Review of Commissioner of Taxation's declination to...
View ArticleASL15 v Minister for Immigration and Border Protection [2017] FCA 679
MIGRATION - appeal from a decision of the Federal Circuit Court - where delegate of Minister refused an application for a protection visa - where appellant relied on a decision subsequently overturned...
View ArticleWaterton on behalf of the Bidjara People v State of Queensland [2017] FCA 633
APPEAL - practice and procedure - applications for leave to appeal - application for dismissal of applications for want of prosecution - failure to comply with court orders Held: applications for leave...
View ArticleMentink v Minister for Justice (No 2) [2017] FCA 681
ADMINISTRATIVE LAW - application for judicial review of Minister's decision on a referral under s 154 of the Law Enforcement Integrity Commissioner Act 2006 (Cth) raising an ACLEI corruption issue...
View ArticleMelbourne City Investments Pty Ltd v Treasury Wine Estates Limited [2017]...
PRACTICE AND PROCEDURE - representative proceedings under Part IVA of the Federal Court of Australia Act 1976 (Cth) - application by class member for leave to appeal interlocutory orders - power to...
View ArticleAJP16 v Minister for Immigration and Border Protection [2017] FCA 692
MIGRATION - appeal from the decision of the Federal Circuit Court of Australia dismissing application for judicial review of the decision of the Administrative Appeals Tribunal affirming the decision...
View ArticleKelly v Willmott Forests Ltd (in liquidation) (No 5) [2017] FCA 689
PRACTICE AND PROCEDURE - settlement agreement - application for court approval of settlement of representative proceeding under s 33V of the Federal Court of Australia Act 1976 (Cth) - first proposed...
View ArticleQualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 5) [2017] FCA 676
COSTS - application for a lump sum costs order - application that liquidators pay costs personally - where company in liquidation commenced a cross-claim before appointment of liquidators - where...
View ArticleWhelan v Cigarette & Gift Warehouse Pty Ltd [2017] FCA 695
PRACTICE AND PROCEDURE - application for freezing orders r 7.32 Federal Court Rules 2011 (Cth) - criteria that must be satisfied for the court to grant a freezing order - applicant must establish 'a...
View ArticleUren v Commonwealth of Australia (as represented by the Department of...
PRACTICE AND PROCEDURE - application for a stay of enforcement of order for possession pending application for leave to appeal - grounds of appeal not raised before primary judge - whether grounds...
View ArticleSZUXT v Minister for Immigration and Border Protection [2017] FCA 688
MIGRATION - appeal from Federal Circuit Court decision - whether primary judge erred in failing to find that the Tribunal had engaged in jurisdictional error by not applying the principles explained in...
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