Shord v Commissioner of Taxation [2017] FCAFC 167
TAXATION - the appellant worked on assignments overseas - the appellant returned to Australia between assignments - whether the appellant was engaged in foreign service within the meaning of s 23AG(7)...
View ArticleWebster (Trustee) v Murray Goulburn Co-Operative Co. Limited (No 2) [2017]...
PRACTICE AND PROCEDURE - application for leave to replead statement of claim - whether elements of s 33C of Federal Court of Australia Act 1976 (Cth) satisfied - scope and form of proposed claims under...
View ArticleBMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169
MIGRATION - consideration of an appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority -...
View ArticleHancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170
ARBITRATION - appeal from interlocutory decision on an application under s 8(1) of the Commercial Arbitration Act 2010 (NSW) seeking an order that the parties to the proceeding be referred to...
View ArticleTaylor v State of Western Australia (No 2) [2017] FCA 1255
NATIVE TITLE - consent determination - noting possible future application for variation depending on outcome of appeal(s)
View ArticleProgrammed Maintenance Services Limited, in the matter of Programmed...
CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement - application under s 411(4)(b) of...
View ArticleJenkings v Northern Territory of Australia [2017] FCA 1263
PRACTICE AND PROCEDURE - Application for an order striking out the Applicants' pleadings as representative proceeding - r 16.21 of the Federal Court Rules 2011 (Cth) (the FCR) - whether substantial...
View ArticleDhaliwal v Minister for Immigration and Border Protection [2017] FCA 1274
MIGRATION - application for extension of time - seeking appeal from order of Federal Circuit Court - no jurisdiction for Federal Court to hear appeal from order refusing extension of time
View ArticleDomino's Pizza Enterprises Limited v Precision Tracking Pty Ltd (No 4) [2017]...
PRACTICE AND PROCEDURE - application for leave to amend pleadings - whether leave should be granted
View ArticleAustralian Securities and Investments Commission, in the matter of Golden...
CORPORATIONS LAW - where defendant was found to have contravened ss 961K(2) and 961L of the Corporations Act 2001 (Cth) - where parties agreed in relation to proposed pecuniary penalties and costs...
View ArticleHazledine v Arthur J Gallagher & Co Limited (No 3) [2017] FCA 1271
PRACTICE AND PROCEDURE - submission that the Federal Court of Australia is bound by s 67E of the Evidence Act 1929 (SA) - State Act to be construed as applying only to proceedings in a court of South...
View ArticleShape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 4) [2017] FCA 1277
COSTS whether applicant should pay respondents costs on an indemnity or party/party basis whether unreasonable for the applicant to refuse Calderbank offer in the circumstances party/party costs...
View ArticleTCWY v Minister for Immigration and Border Protection [2017] FCA 1276
MIGRATION - appeal from Administrative Appeals Tribunal - decision of Tribunal under s 501CA of the Migration Act 1958 (Cth) - whether Direction No. 65, made by the Minister under s 499 of the...
View ArticleGupta v Minister for Immigration and Border Protection [2017] FCAFC 172
MIGRATION decision to cancel a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector) under s 116 of the Migration Act 1958 (Cth) for breach of a visa condition whether the...
View ArticleLewski v Australian Securities & Investments Commission (No 2) [2017] FCAFC 171
PRACTICE AND PROCEDURE - Reopening the appeal - reconsideration of earlier reasons - form of declarations CORPORATIONS - duties of responsible entity of managed investment scheme under s 601FC - duties...
View ArticleBrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup...
EVIDENCE - opinion evidence - admissibility of 'joint' expert report - problem of compromised opinions - consideration of s 79 of the Evidence Act 1995 (Cth) in the context of complex expert reports...
View ArticleMetalsistem Australia Storage and Display Solutions Pty Ltd v Kirk [2017] FCA...
PRACTICE AND PROCEDURE Application for summary judgment pursuant to r 26.01(a)(b) on the basis that a settlement deed between the parties acted as a complete bar to the proceedings brought;...
View ArticleSun v Minister for Immigration and Border Protection [2017] FCA 1270
MIGRATION - appeal from Federal Circuit Court of Australia - whether primary judge erred in failing to find that the Tribunal failed to take into account relevant considerations - whether Tribunal...
View ArticleFrigger v Kitay [2017] FCA 1278
BANKRUPTCY - application to set aside a bankruptcy notice - whether there was an implied stay of the judgment debt on which the bankruptcy notice was based - whether events giving rise to the judgment...
View ArticleNyoni v Pharmacy Board of Australia (No 5) [2017] FCA 1282
PRACTICE AND PROCEDURE - application to re-open - litigant in person did not have access to unreported English case when making closing submissions.
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