Australian Competition and Consumer Commission v Cement Australia Pty Ltd...
COMPETITION - pecuniary penalties - principles governing the imposition of pecuniary penalties under s 76 of the Competition and Consumer Act 2010 (Cth) - whether a single joint and several penalty can...
View ArticleMarshall v Minister for Immigration and Border Protection [2017] FCA 1211
MIGRATION - an applicant in immigration detention applied for an extension of time in which to seek judicial review - the application did not disclose grounds of the intended originating application -...
View ArticleHathway (Liquidator), in the matter of Tightrope Retail Pty Ltd (in liq) v...
COSTS - applications for reserved costs - where applicant alleges that conduct of respondents failed to have regard to overarching purpose of civil practice and procedure provisions - where respondent...
View ArticleGriffiths v LMM Holdings Pty Ltd [2017] FCA 1212
CONTRACTS consideration of the question of whether an agreement for the purchase of a motor vehicle included a term that the vehicle be delivered by the end of August 2015 consideration of...
View ArticleFrugtniet v Australian Securities and Investments Commission [2017] FCAFC 162
ADMINISTRATIVE LAW - appeal from decision of single judge dismissing appeal from Administrative Appeals Tribunal upholding decision of Australian Securities and Investments Commission to make banning...
View ArticleCristovao v Tan & Tan Lawyers Pty Ltd [2017] FCA 1201
PRACTICE AND PROCEDURE - circumstances justifying the removal of party PRACTICE AND PROCEDURE - two appeals commenced by single originating process - second appeal from interlocutory decision - leave...
View ArticleCooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers...
CONTEMPT - consideration of an application for a charge of contempt against a former company director - where the Court made orders by consent for the delivery up of company books and records - whether...
View ArticleCPW16 v Minister for Immigration and Border Protection [2017] FCA 1210
MIGRATION - application for protection visa - review by Tribunal - claim fails by reason of adverse findings as to credit ADMINISTRATIVE LAW - adverse findings as to credit - judicial scrutiny of...
View ArticleBXD15 v Minister for Immigration and Border Protection [2017] FCA 1209
PRACTICE AND PROCEDURE - appeal from decision not to reinstate an application summarily dismissed - summary dismissal of claims by Federal Circuit Court for want of appearance - appeal from...
View ArticleTomvald v Toll Transport Pty Ltd [2017] FCA 1208
INDUSTRIAL LAW - nature of employment - permanent or casual employment - test to be applied when considering whether an employee is permanent or casual - whether the focus should be on the substance of...
View ArticleBOQ16 v Minister for Immigration and Border Protection [2017] FCA 1204
MIGRATION - application for a protection visa (Class XA) visa - whether the Tribunal had overlooked relevant material - appellant claiming a fear of inter family harm in Pakistan - appeal dismissed
View ArticleBVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205
MIGRATION - application for a protection visa (Class XA) - whether the application was a valid application for protection - Form 866 - whether there is incorporation by reference to legislation - an...
View ArticleHislop v Paltar Petroleum Limited (No 2) [2017] FCA 1213
PRACTICE AND PROCEDURE - application for discharge of injunction - where injunction was ordered ex parte - where defendants allege material non-disclosure by plaintiff on application for injunction -...
View ArticleIbrahim v Minister for Immigration and Border Protection (No 2) [2017] FCA 1218
MIGRATION - application under s 476A of the Migration Act 1958 (Cth) - Applicant's visa cancelled under s 501BA(2) - whether Assistant Minister is required to form view under s 501BA(2) on correct...
View ArticleNational Union of Workers v AB Oxford Cold Storage Company Pty Ltd [2017] FCA...
PRACTICE AND PROCEDURE - interim injunctions - where the applicant union alleges that the respondent companies engaged in a system of labour hire having the effect of denying employees the opportunity...
View ArticleKeris Pty Ltd (Trustee) v Deputy Commissioner of Taxation [2017] FCAFC 164
TAXATION - consideration of the construction to be attributed to s 255-100 of the Taxation Administration Act 1953 (Cth) conferring a power on the Commissioner to require "you" to give the Commissioner...
View ArticlePark (Administrator), in the matter of Surfstitch Group Limited [2017] FCA 1221
CORPORATIONS - voluntary administration - application to extend the convening period for second meeting of creditors under ss 439A and 447A of the Corporations Act 2001 (Cth) - extension granted
View ArticleAIB16 v Minister for Immigration and Border Protection [2017] FCAFC 163
MIGRATION - appeal from decision of Federal Circuit Court of Australia - statutory construction of s 91W of the Migration Act 1958 (Cth) - consideration of "reasonable explanation" for provision of...
View ArticleMcDonald v Federal Court of Australia [2017] FCA 1216
ADMINISTRATIVE LAW - application for judicial review of a decision of the Court directing a registrar to refuse to accept documents for filing - Administrative Decisions (Judicial Review) Act 1977...
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