Martin v Norton Rose Fulbright Australia [2021] FCAFC 216
TORTS - tort of deceit - alleged representations about filing proposed proceeding - representations not made or, if made, not knowingly false - inferences - reliance not established - causation not...
View ArticleRead v Namoa [2021] FCA 1486
CRIMINAL LAW - control orders - application for interim control orders pursuant to s 104.4 of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth) - where respondent previously subject...
View ArticleRoberts-Smith v Fairfax Media Publications Pty Limited (No 24) [2021] FCA 1461
PRACTICE AND PROCEDURE - claim by the Inspector General of Australian Defence Force (IGADF) of public interest immunity over documents, if they exist, which relate to witnesses that are to be called by...
View ArticleThe Buddhist Society of Western Australia Inc v Commissioner of Taxation (No...
TAXATION - application for further relief following delivery of final judgment - where taxpayer brought an appeal from a taxation objection decision under Pt IVC of the Taxation Administration Act 1953...
View ArticleKrejci, in the matter of Union Standard International Group Pty Limited (in...
CORPORATIONS -- financial services and markets -- corporation holding financial services licence insolvent -- priority in distribution of proceeds of liquidation as between trading clients and...
View ArticleAustralian Securities and Investments Commission v La Trobe Financial Asset...
CONSUMER LAW - misleading conduct - admitted contraventions of ss 12DA(1) and 12DB(1) of the Australian Securities and Investments Commission Act 2001 (Cth) and s 1041H(1) of the Corporations Act 2010...
View ArticleWeston (Trustee) v Sanna (No 6) FCA 1487
BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for orders referring quantification of remuneration, costs and expenses to a referee - where orders made for trustee to realise two...
View ArticleENT19 v Minister for Home Affairs [2021] FCAFC 217
MIGRATION -- appeal from decision of the Federal Circuit Court to dismiss an application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa -- where Minister not...
View ArticleWilson Pateras Accounting Pty Ltd v Farmer (No 2) [2021] FCA 1477
HIGH COURT AND FEDERAL COURT - no question of principle involved - application to join additional respondents, amend originating application, and amend statement of claim - where respondents oppose...
View ArticleFDT20 v Minister for Home Affairs [2021] FCA 1484
MIGRATION - appeal from decision of Federal Circuit Court to refuse writ of habeas corpus and mandamus -application for leave to amend notice of appeal to run a ground not permitted to be run below -...
View ArticleAustralian Competition and Consumer Commission v Employsure Pty Ltd (No 2)...
CONSUMER LAW - pecuniary penalties - contraventions of ss 29(1)(b) and 29(1)(h) of the Australian Consumer Law - six Google advertisements conveyed misleading or deceptive government affiliation...
View ArticleBhatt v Minister for Home Affairs [2021] FCA 1490
PRACTICE AND PROCEDURE - application for leave to appeal from decision of the Federal Circuit Court of Australia not to reinstate application for judicial review - where Administrative Appeals Tribunal...
View ArticleGupta v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a...
View ArticleOgbonna v CTI Logistics Limited [2021] FCA 1491
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - where application relied upon existence of counterclaim, set-off or cross-demand being claim in defamation for damages - where...
View ArticlePatrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime,...
INDUSTRIAL LAW - civil penalties - compensation for loss and damage to "remedy the effect" of conduct contravening ss 417 and 421 of the Fair Work Act 2009 (Cth) (FW Act) - principles to be applied -...
View ArticleForrest on behalf of the Nangaanya-ku Native Title Claim Group (Part A) v...
NATIVE TITLE - consent determination - whether requirements of ss 87A and 94A of the Native Title Act 1993 (Cth) satisfied - nomination of prescribed body corporate - Court satisfied that it is...
View ArticleDhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC (No 2) [2021] FCA 1496
NATIVE TITLE - application for declaratory relief that the applicants are Nyiyaparli People as that term is defined in Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5)...
View ArticleKogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2) [2021] FCA...
CORPORATIONS - application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) - where proposed agreement amends an earlier...
View ArticleFarrer on behalf of the Ngarrawanji Native Title Claim Group v State of...
NATIVE TITLE - appointment of prescribed body corporate to hold native title - failure of common law holders to nominate prescribed body corporate - process under s 56 and s 57 of the Native Title Act...
View ArticleMukiza v Minister for Immigration, Citizenship, Migrant Services and...
MIGRATION - appeal from a decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision not to revoke the mandatory cancellation of the applicant's visa - whether Tribunal's decision...
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