Sun v Minister for Immigration and Border Protection [2016] FCAFC 52
MIGRATION - Migration Review Tribunal - whether onus or burden of proof lies on Tribunal - absence of express statutory burden - whether peculiar features of its jurisdiction warrant implying such an...
View ArticleMinister for Immigration and Border Protection v Truong [2016] FCAFC 54
ADMINISTRATIVE LAW - no onus on Migration Review Tribunal to make out a claimant's case - Tribunal not bound by the rules of evidence ADMINISTRATIVE LAW - duty of Tribunal to make its - own decision -...
View ArticleAUE15 v Minister for Immigration and Border Protection [2016] FCA 331
MIGRATION - construction of foreign legislation - whether open to appellant to argue on appeal that Tribunal should have construed foreign legislation contrary to evidence and appellant's submissions...
View ArticleATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53
MIGRATION - appeal from decision of the Federal Circuit Court - where Refugee Review Tribunal had affirmed the decision of the Minister's delegate not to grant the appellants Protection visas - whether...
View ArticleWZAVL v Minister for Immigration and Border Protection [2016] FCA 334
MIGRATION - application for extension of time to appeal from judgment of the Federal Circuit Court of Australia - Refugee Review Tribunal affirmed decision of a delegate of the Minister to refuse a...
View ArticleKelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323
REPRESENTATIVE PROCEEDING - settlement agreement - application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval...
View ArticleAtlas Iron Limited, in the matter of Atlas Iron Limited [2016] FCA 366
CORPORATIONS - scheme of arrangement - standard of review - jurisdictional requirements - orders sought made
View ArticleFarey v National Australia Bank Ltd [2016] FCA 340
REPRESENTATIVE PROCEEDING - approval of settlement by Court - s 33V of Federal Court of Australia Act 1976 (Cth) - whether proposed settlement is fair and reasonable as between group members and...
View ArticleCoffs Harbour City Council v Australian and New Zealand Banking Group Limited...
PRACTICE AND PROCEDURE - protection of confidential information - whether court order for production in place of tender of documents preserves confidentiality PRACTICE AND PROCEDURE - representative...
View ArticleDirector, Fair Work Building Industry Inspectorate v Ingham [2016] FCA 328
STATUTORY INTERPRETATION - construction of s 73 of the Fair Work (Building Industry) Act 2012 (Cth) - whether the Director can bring a new proceeding which relates to matters the subject of a previous...
View ArticleWestpac Banking Corporation v Wittenberg (No 3) [2016] FCAFC 51
PRACTICE AND PROCEDURE - interlocutory application for indemnity costs - appellant did not seek at hearing of appeal or at any time before judgment delivery to be heard separately on costs - whether...
View ArticleElectoral Commissioner, in the matter of an election for offices in the Local...
INDUSTRIAL LAW - organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - error discovered in ballot for offices - inquiry into election conducted - new ballot necessary...
View ArticleLee Group Charters Pty Ltd v Commissioner of Taxation [2016] FCA 322
TAXATION - Income Tax - whether losses or outgoings claimed by taxpayers fell within exception under s 26-47(3)(b) of Income Tax Assessment Act 1997 - whether boat was used mainly for letting it on...
View ArticleTodd v Alterra at Lloyds Ltd (on behalf of the underwriting members of...
PRACTICE AND PROCEDURE - amendment of orders - where appellant has discharged some of his liability to the applicants - where there are ongoing disputes regarding the quantum of defence costs
View ArticleRobit Nominees Pty Ltd v Oceanlinx Limited (in liq) (Receivers and Managers...
COSTS - where party wholly successful - where party indemnified for costs - whether the court should depart from the usual costs order
View ArticleCrown Estates (Sales) Pty Ltd v Commissioner of Taxation [2016] FCA 335
TAXATION - goods and services tax - GST and penalty assessments and penalty remissions - whether applicant entitled to claim input tax credits - whether applicant made creditable acquisitions - whether...
View ArticleElias v Australian Securities and Investments Commission [2016] FCA 336
CORPORATIONS - application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) - where bankrupt son was sole director and sole registered shareholder at the...
View ArticleAustralian Executor Trustees Limited v Provident Capital Limited (Receivers...
CORPORATIONS - Bankruptcy and Insolvency - Corporations Act 2001 (Cth) - Court appointed receiver's application for judicial advice - where receiver seeks approval to cause company to enter litigation...
View ArticleKrombholz v Secretary, Department of Defence [2016] FCA 345
PRACTICE AND PROCEDURE - urgent application before start of a proceeding - where application brought under s 370(b) Fair Work Act 2009 (Cth) - where applicant sought prohibition on publication of...
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