Truong Giang Corporation v Quach [2016] FCA 50
COSTS - indemnity costs - whether an award of indemnity costs is warranted following findings of trade mark infringement, misleading and deceptive conduct, and passing off - principles of indemnity...
View ArticleHii v Commissioner of Taxation (No 3) [2016] FCA 58
PRACTICE AND PROCEDURE - security for costs - Part IVC Taxation Administration Act 1953 (Cth) - relevant principles - applicant a natural person - applicant's case essentially defensive - foreign...
View ArticleGE Commercial Australasia Pty Ltd v Tinkler, in the matter of Nathan Tinkler...
BANKRUPTCY AND INSOLVENCY - bankruptcy notices - where judgment on which bankruptcy notice is based is expressed in foreign currency - whether rate stated in bankruptcy notice was "telegraphic rate of...
View ArticleSZWCO v Minister for Immigration and Border Protection [2016] FCA 51
MIGRATION - visa - application for a protection visa - refusal by a delegate of the Minister for Immigration and Border Protection - review of the delegate's decision by the Refugee Review Tribunal -...
View ArticleCommonwealth Bank of Australia v Prentice (Trustee), in the matter of Shannon...
BANKRUPTCY AND INSOLVENCY - leave pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) ("Bankruptcy Act") - purpose of s 58(3) of the Bankruptcy Act - relevance of complex facts to the exercise of...
View ArticleAustralian Competition and Consumer Commission v Clinica Internationale Pty...
CONSUMER LAW - contraventions of ss 18, 21, 29 and 31 of the Australian Consumer Law admitted - undertakings, declaratory relief, injunctions, disqualification order, non-party redress orders and...
View ArticleAustralian Competition and Consumer Commission v Australian Egg Corporation...
COMPETITION - allegation of attempt to induce cartel conduct in contravention of the Competition and Consumer Act 2010 (Cth) - whether respondents intended to bring about arrangement or understanding...
View ArticleInsolvency Guardian Melbourne Pty Ltd v Carlei [2016] FCA 72
PRACTICE AND PROCEDURE - ex parte application for freezing orders r 7.32 Federal Court Rules 2011 (Cth) - reasons provided for respondents' benefit - criteria that must be satisfied for the court to...
View ArticleTax Practitioners Board v Lamede Group Proprietary Limited [2016] FCA 63
TAXATION - contraventions of ss 50-5(1) and 50-10(1) of the Tax Agent Services Act 2009 (Cth) - where admitted - whether declaratory and injunctive relief appropriate - imposition of pecuniary penalties
View ArticleBride v The Shire of Katanning [2016] FCA 65
CONSUMER LAW - whether asserted conduct of local government authority was conduct 'in trade or commerce' - conduct of local government authority in the pursuit of rates - conduct of local government...
View ArticleAustralian Competition and Consumer Commission v Woolworths Limited [2016]...
CONSUMER LAW - pecuniary penalties - relevant matters - assessment of comparative cases - effect of incommensurability - relevance of previous acknowledgment of likely similar contravention - relevance...
View ArticleQube Ports Pty Ltd v McMaster [2016] FCA 59
APPEAL - application for leave to appeal - need for appealable order - no appeal against reasons PRACTICE AND PROCEDURE - consideration of use of "splitting order" - whether separating liability and...
View ArticleMaxwell v Minister for Immigration and Border Protection [2016] FCA 47
MIGRATION - application for judicial review of Minister's decision to cancel a visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) - whether Assistant Minister is the Minister for...
View ArticleMZAFS v Minister for Immigration and Border Protection [2016] FCA 75
MIGRATION - failure to consider written submissions - concession by Minister of lack of procedural fairness - whether written submissions could have made any difference - appeal allowed
View ArticleAHI15 v Minister for Immigration and Border Protection [2016] FCA 64
MIGRATION - application for an extension of time to file a notice of appeal - whether ground of appeal is arguable or has "merit" - assessment of the extent to which ground must have merit is...
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