ELP18 v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - consideration of an application for leave to appeal from orders of the Federal Circuit Court of Australia
View ArticleLewis v Battery Mineral Resources Ltd (in liq) [2021] FCA 963
CORPORATIONS - winding up - application for appointment of special purpose liquidator (SPL) under s 90-15 of the Insolvency Practice Schedule (IPS) - application for appointment of reviewing liquidator...
View ArticleBrooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021]...
CORPORATIONS - application by a liquidator for a warrant to search for and seize a company's property or books pursuant to s 530C of the Corporations Act 2001 (Cth) - whether trust assets are...
View ArticleAnglo American Investments Pty Ltd (Trustee) v Commissioner of Taxation...
PRACTICE AND PROCEDURE - application to reopen proceedings - where respondents seek to recall key witness for cross-examination and to tender further evidence - where part of the further evidence was...
View ArticleAuStar Gold Limited, in the matter of AuStar Gold Limited (No 2) [2021] FCA 972
CORPORATIONS - members' scheme of arrangement - orders sought under ss 411(4)(b) and 411(6) of the Corporations Act 2001 (Cth) approving scheme of arrangement - fair and reasonable - share scheme approved
View ArticleEl-Debel v Micheletto (Trustee) (No 2) [2021] FCAFC 146
COSTS - determination of costs in related appeals where appellants partially successful - consideration of appropriate exercise of court's discretion to order costs - where partial success in first...
View ArticleCGS19 v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - Migration Act 1958 (Cth) - application for judicial review of a decision of the Federal Circuit Court of Australia - whether the Tribunal conflated membership of an ethnic group with...
View ArticleCC/DEVAS (Mauritius) Ltd v Republic of India [2021] FCA 975
ARBITRATION - international arbitration - where applicants seek to enforce an award under s 8(3) of the International Arbitration Act 1974 (Cth) - where respondent is a foreign State - where respondent...
View ArticleCappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty...
BANKRUPTCY -- application to set aside a bankruptcy notice -- whether bankruptcy notice defective -- where notice founded on judgment debt for which debtors jointly and severally liable, but only one...
View ArticleKadeh v Administrative Appeals Tribunal (No 3) [2021] FCA 965
PRACTICE AND PROCEDURE -- application for order that purported appeal by applicant is incompetent or that it be dismissed as without merit -- where appeal is out of time and no application for...
View ArticleDUD18 v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - appeal from decision refusing judicial review of IAA's decision - appeal dismissed
View ArticleHardingham v RP Data Pty Limited [2021] FCAFC 148
COPYRIGHT - consideration of copyright subsisting in photographs and floorplans - consideration of the terms of an oral licence conferred by the copyright owner and exclusive licensee on real estate...
View ArticleRyan (Snr) on behalf of the Warrgamay People v State of Queensland [2021] FCA...
NATIVE TITLE - consent determination - requirements of s 87 Native Title Act 1993 (Cth) - appropriate to make orders - requirements of ss 55 and 56 Native Title Act 1993 (Cth) - determination of native...
View ArticleFord v Advanced Energy Minerals Limited [2021] FCA 995
PRACTICE AND PROCEDURE - application for leave to serve outside of jurisdiction - whether requirements satisfied - whether prima facie case for relief claimed - whether appropriate for Court to...
View ArticleOgawa v Finance Minister [2021] FCAFC 149
ADMINISTRATIVE LAW - judicial review - whether appellant afforded procedural fairness - whether the primary judge misconceived the appellant's claim - whether the primary judge did not consider the...
View ArticleBJO17 v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - application for extension of time to appeal - applicable principles - whether proposed appeal arguable - application dismissed.
View ArticleMahmood v Chohan [2021] FCA 973
PRACTICE AND PROCEDURE - service - application for leave to serve respondent in Pakistan - leave granted.
View ArticlePDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd (No 2) [2021] FCAFC 147
COSTS - appropriate order as to costs - where appellants substantially failed on appeal - where respondent raised a number of contingent defences - appellants to pay 90% of respondent's costs to be...
View ArticleAlhalek v Quintiliani trading as Kells Lawyers (No 3) [2021] FCAFC 150
COSTS - application for indemnity costs by successful respondent - where appeal bound to fail and appellant's conduct of proceedings inimical to overarching purpose of civil practice and procedure...
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