Walker v New South Wales Bar Association [2016] FCA 799
ASSOCIATIONS AND CLUBS - declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) - whether subject matter of declarations sought is justiciable - when Court will...
View ArticleLuo v Zhai (No 6) [2016] FCA 805
COSTS - whether costs order should be varied - change of circumstances
View ArticleLavin v Toppi [2016] FCA 801
BANKRUPTCY AND INSOLVENCY - Application for extension of time and leave to appeal refusal to discharge examination summons - leave to appeal from a discretionary judgment - application refused PRACTICE...
View ArticleBKL15 v Minister for Immigration and Border Protection [2016] FCA 802
PRACTICE AND PROCEDURE - need for judges to provide reasons for decision - adequacy of reasons provided ADMINISTRATIVE LAW - alleged failure to make inquiries - no jurisdictional error
View ArticleCayzer v Minister for Immigration and Border Protection (No 3) [2016] FCA 806
MIGRATION - decision of Minister to cancel applicant's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) - applicant born in Scotland in 1961 - applicant arrived in...
View ArticleSZNJE v Minister for Immigration and Border Protection [2016] FCA 803
PRACTICE AND PROCEDURE - raising new arguments on appeal - same grounds previously abandoned - leave to raise new grounds refused ADMINISTRATIVE LAW - place at which a hearing is held - appearance by...
View ArticleMalek Fahd Islamic School Limited v Minister for Education and Training...
STATUTORY INTERPRETATION - Australian Education Act 2013 (Cth) - Ministerial determination under s 25(1)(d) that school would receive annual entitlement in four quarterly instalments - where Minister...
View ArticleAustralian Communications and Media Authority v Getaway Escapes Pty Ltd...
COMMUNICATIONS LAW - default judgment - telemarketing calls to numbers on Do Not Call Register - calling line identification disabled - declarations and injunctions - considerations relevant to civil...
View ArticlePoyton v Retailworld Resourcing Australia Limited Partnership (No. 2) [2016]...
COSTS - whether costs ought to be awarded on an indemnity basis - where applicant refused to accept more favourable compromise offer of respondent - where application had no reasonable prospects of...
View ArticleConstruction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited...
INDUSTRIAL LAW - where respondent contravened ss 340 and 346 of the Fair Work Act 2009 (Cth) - assessment of pecuniary penalties - whether two contraventions of the Fair Work Act 2009 (Cth) or a single...
View ArticleCampbell v Superannuation Complaints Tribunal [2016] FCA 808
ADMINISTRATIVE LAW - where applicant in receipt of invalidity pension benefit pursuant to Military Superannuation Benefits Scheme - whether invalidity pension is a defined benefit interest - whether...
View ArticleLewski v Australian Securities & Investments Commission [2016] FCAFC 96
CORPORATIONS - duties of responsible entity of managed investment scheme under s 601FC - duties of officers of responsible entity under s 601FD - statutory duty to act in best interests of members -...
View ArticleMZAMP v Minister for Immigration & Border Protection [2016] FCA 804
MIGRATION - appeal from Federal Circuit Court decision dismissing application for judicial review of Tribunal decision - procedural fairness - whether appellants given real chance to present case -...
View ArticleWilson v State of South Australia (No 2) [2016] FCA 812
NATIVE TITLE - Application under s 66B of the Native Title Act 1993 (Cth) to replace original applicants - original applicants deceased or no longer authorised by claim group to make application and to...
View ArticleAustralian Competition and Consumer Commission v Clinica Internationale Pty...
CONSUMER LAW - application for variation of compensation and pecuniary penalty orders CONTRACT - whether loans made pursuant to written agreement - whether loans personal in nature or made to corporate...
View ArticleTICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2016] FCA 815
COPYRIGHT - infringement - ownership of copyright EQUITY - breach of confidence EQUITY - breach of fiduciary and related duties - use of information
View ArticleQC Resource Investments Pty Ltd (In Liq) v Mulligan [2016] FCA 813
EVIDENCE - claim to privilege against self-exposure to a penalty or self-incrimination - extent to which a claim for privilege needs to be supported by evidence and submissions in order for a claimant...
View ArticleIndependent Education Union of Australia v Australian International Academy...
INDUSTRIAL LAW - penalties under Fair Work Act 2009 (Cth) for employer's contraventions of award - whether conduct constituted single contravention under s 557 - consideration of phrase "arose out of...
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