Australian Building and Construction Commissioner v Huddy (No 2) [2017] FCA 1088
INDUSTRIAL LAW - proceedings bought against employees who stopped work during the currency of an enterprise agreement, a job delegate, a union organiser and the union - contraventions of ss 50, 417(1),...
View ArticleBGZ15 v Minister for Immigration and Border Protection [2017] FCA 1095
PRACTICE AND PROCEDURE - appeal from Federal Circuit Court - failure to identify appellable error - grounds directed to decision of Tribunal and not Federal Circuit Court - role of appellate court in...
View ArticleAustralian Building and Construction Commissioner v ADCO Constructions Pty...
COSTS - whether costs should be awarded under s 570 of the Fair Work Act 2009 (Cth) - whether party instituted proceedings without reasonable cause - whether party's unreasonable act caused other party...
View ArticleF.Y.D Investments Pty Ltd v Promptair Pty Ltd [2017] FCA 1097
PRACTICE AND PROCEDURE - application to reopen a case - judgment reserved but not delivered - Applicants wish to lead further evidence and to make submissions - oversight of counsel at trial - whether...
View ArticleWinterbottom, in the matter of Ballistic Hydraulic Hose and Fittings Pty Ltd...
CORPORATIONS - application for removal and appointment of court appointed liquidators pursuant to s 473 of the Corporations Act 2001 (Cth) - application for removal and appointment of liquidators...
View ArticleThomas v Commissioner of Taxation (No 2) [2017] FCAFC 144
COSTS - applications for indemnity costs - offers to compromise - where parties failed to notify Court prior to judgment being reserved that alternative costs orders might be sought - consideration of...
View ArticleGrigorieva v The Owners - Strata Plan No 31534 [2017] FCA 1099
CORPORATIONS - application for extension of time to appeal orders for sequestration order and costs - acceptable delay - whether breach of natural justice by reason of applicants not being present at...
View ArticleLewski v Commissioner of Taxation [2017] FCAFC 145
TAXATION - income tax - deductions - when loss or outgoing is "incurred" - contracts for sale and purchase of land and for sale and purchase of aged care hostel business - whether certain amounts were...
View ArticleBLO15 v Minister for Immigration and Border Protection [2017] FCA 1092
MIGRATION - protection visa - late request for Tribunal to obtain oral evidence from a witness - whether Tribunal obliged to give and failed to give genuine consideration to the request - whether...
View ArticleHislop v Paltar Petroleum Limited [2017] FCA 1078
PRACTICE AND PROCEDURE - application to set aside a notice to produce - where applicant alleges that notice to produce is oppressive, an abuse of process and seeks documents subject to a claim for...
View ArticleFair Work Ombudsman v Hu [2017] FCA 1081
EVIDENCE - privilege against exposure to penalty - whether privilege waived by admissions and positive allegations in defence - whether privilege may be waived by lawyer acting with the ostensible...
View ArticleDouglass v Administrative Appeals Tribunal [2017] FCA 1105
TAXATION - interlocutory application for an extension of time from a decision of the Administrative Appeals Tribunal to commence an appeal - whether a decision to decline to require documents under s...
View ArticleLeahey v CSG Business Solutions (Aus) Pty Ltd [2017] FCA 1098
INDUSTRIAL LAW - workplace rights - whether employment terminated because employee had a workplace right or exercised a workplace right - termination for non-prohibited reason established CONTRACTS -...
View ArticleWhitehouse v Repatriation Commission [2017] FCA 1085
ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal on a question of law pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Tribunal had...
View ArticleInterPharma Pty Ltd v Hospira, Inc [2017] FCA 1075
PRACTICE AND PROCEDURE - Application for interim interlocutory injunction - relief granted
View ArticleAxent Holdings Pty Ltd v Compusign Australia Pty Ltd [2017] FCA 1077
PRACTICE AND PROCEDURE - Application for discovery - Orders for discovery made.
View ArticleGuy v Crown Melbourne Limited [2017] FCA 1104
EVIDENCE - application of opinion rule - application of s 79 of Evidence Act 1995 (Cth) - admissibility of evidence of lay witness in reliance on s 79 of Evidence Act in circumstances where lay witness...
View ArticleSingh v Minister for Immigration and Border Protection [2017] FCA 1108
MIGRATION - appeal from Federal Circuit Court decision affirming tribunal decision to refuse a Skilled (Provisional) (Class VC) Subclass 485 visa - whether Tribunal erred in finding that the first...
View ArticlePaciocco v Australia and New Zealand Banking Group Limited (No 2) [2017]...
COSTS - whether a lump sum cost award should be made - the application of the Costs Practice Note - instances where a lump sum cost award could be made
View ArticleHells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble...
PRACTICE AND PROCEDURE consideration of the basis upon which an application for security for costs made late in the day ought not to be entertained by the Court and ought to be dismissed
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