Rigoli v Commissioner of Taxation [2016] FCAFC 38
INCOME TAX - default assessment - where taxpayer failed to lodge tax returns - expert report prepared for Commissioner to determine financial affairs of partnership of which taxpayer was a partner -...
View ArticleHart v Deputy Commissioner of Taxation [2016] FCA 250
PRACTICE AND PROCEDURE - application for adjournment under s 37M(2) of the Federal Court of Australia Act 1976 (Cth) - application made almost immediately prior to trial - unavailability of senior...
View ArticleSoden v Croker (No 3) [2016] FCA 249
COSTS - general principle that costs follow the event applied - where lump sum award of costs is appropriate under rule 40.02 of the Federal Court Rules 2011 (Cth).
View ArticleMentink v Secretary, Department of Social Services [2016] FCAFC 39
SOCIAL SECURITY - applicant's receipt of age pension suspended on his departure for overseas - Administrative Appeals Tribunal finds applicant not eligible for age pension on ground he was not an...
View ArticlePrimaplas Pty Ltd v Chief Executive Officer of Customs [2016] FCAFC 40
STATUTORY INTERPRETATION - tariff classification of imported polyethylene goods under the Customs Tariff Act 1995 (Cth) - whether the tariff classification should be based on the overall specific...
View ArticleEquititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers...
COSTS - whether the costs of certain interlocutory applications should be paid immediately and prior to the end of the litigation - whether, in all the circumstances, the Court should make a lump sum...
View ArticleMilardovic v Vemco Services Pty Ltd (Administrators Appointed) (No 2) [2016]...
INDUSTRIAL LAW - penalties - contravention of National Employment Standards pursuant to s 44(1) of the Fair Work Act 2009 (Cth) - failure to pay redundancy pay contrary to s 119(1) of the Fair Work Act...
View ArticleDeputy Commissioner of Taxation v Dlthai Pty Limited; In the Matter of Dlthai...
CORPORATIONS - whether the Court should order that the winding up of a corporation be stayed or terminated
View ArticleAustralian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 2)...
PRACTICE AND PROCEDURE - whether the Court should set aside five subpoenas for production issued by the applicant with the leave of the Court
View ArticleLFDB v SM [2016] FCA 262
ADMINISTRATIVE LAW - Orders sought under s 37AF of the Federal Court of Australia Act 1976 (Cth) to prevent prejudice to the proper administration of justice - suppression and non-publication orders -...
View ArticleSignature Capital Investments Limited, in the matter of Signature Capital...
CORPORATIONS - scheme of arrangement - acquisition scheme - application under s 411(1) of the Corporations Act 2001 (Cth) to convene scheme meeting - content of scheme booklet and scheme implementation...
View ArticleBYE15 v Minister for Immigration and Border Protection [2016] FCA 263
MIGRATION - appellant applied in 2009 for a protection (Class XA) visa - after Refugee Review Tribunal refused application and s 36(2)(aa) added to Migration Act 1958 (Cth) applicant alleged that his...
View ArticleSandvik Intellectual Property AB v Quarry Mining & Construction Equipment...
INTELLECTUAL PROPERTY - Patents - Novelty - Prior use - Whether established on the facts - Whether system included all integers of claim - Whether system unlikely to have been viable by reference to...
View ArticleQBE Insurance (Australia) Limited v WA Metal Recycling Pty Ltd, in the matter...
CORPORATIONS - application under s 57 of the Federal Court of Australia Act 1976 (Cth) - where liquidator of former corporate trustee seeks appointment as receiver and manager of the business and...
View ArticleNyoni v Shire of Kellerberrin (No 8) [2016] FCA 245
PRACTICE AND PROCEDURE - notice of appeal - leave to file amended notice - whether compliant with directions - whether in acceptable form - self represented litigant - appropriate directions to ensure...
View ArticleMinister for Immigration and Border Protection v MZAIV [2016] FCA 251
MIGRATION - protection visa - complementary protection - significant harm - relevance of whether significant harm could be avoided - avoidance of harm by not making inquiries - avoidance of harm by...
View ArticleLifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248
EQUITY - fiduciary duties - consideration of fiduciary relationship between employer and employee - consideration of duty of confidence - breaches of fiduciary duties - where employee takes steps to...
View ArticleFinancial Synergy Holdings Pty Ltd v Commissioner of Taxation [2016] FCAFC 31
TAXATION - capital gains tax - where consolidated group formed - disposal of pre-CGT assets - calculation of cost base of pre-CGT assets - meaning of "worked out as at the time of the acquisition' - s...
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