Toll Holdings Ltd v Stewart [2016] FCA 1106
PRACTICE AND PROCEDURE - where the first and third respondents, having submitted to the appeal, submit that the second respondent cannot seek a restitutionary remedy against them - whether issue is to...
View ArticleMcCann v Mawson Restructures and Workouts Pty Ltd, in the matter of Walton...
CORPORATIONS - liquidator's application for extension of time under s 588FF(3) of Corporations Act 2001 (Cth) - whether appropriate to grant extension and if so for how long - relevant considerations -...
View ArticleDeputy Commissioner of Taxation v Leaver [2016] FCA 1028
PRACTICE AND PROCEDURE - application to set aside judgment under r 39.05(f) of the Federal Court Rules 2011 (Cth) - where judgment entered by consent - where settlement agreement entered into following...
View ArticleBropho v City of Perth (No 2) [2016] FCA 1168
COSTS - whether provisions of Native Title Act 1993 (Cth) particularly s 85A can be taken into account in the exercise of the discretion to award costs - whether originating application brought within...
View ArticleStone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal...
PRACTICE AND PROCEDURE - interlocutory application to prevent the plaintiff from relying on any further evidence - where further evidence is critical to the plaintiff's case - where delay in filing...
View ArticleShip "Sam Hawk" v Reiter Petroleum Inc [2016] FCAFC 26
ADMIRALTY - jurisdiction - s 15 of the Admiralty Act 1988 (Cth) - whether a proceeding is on a "maritime lien" - choice of law rule to apply to s 15 - where proceeding is based upon a contract between...
View ArticleMoravcik v Giasoumi [2016] FCA 1163
BANKRUPTCY AND INSOLVENCY - Application to annul bankruptcy - Where sequestration order made after proceedings to recover applicant's payment under unfair preference from liquidated former employer -...
View ArticlePerkiss v State of New South Wales (Technical and Further Education...
PRACTICE AND PROCEDURE - appeal from decision of Federal Circuit Court dismissing application for a maximum costs order under r 21.03 of the Federal Circuit Court Rules 2001 (Cth) - whether primary...
View ArticleOztech Pty Ltd v Public Trustee of Queensland (No 14) [2016] FCA 1162
EVIDENCE - documentary tender - relevance - whether probative value is substantially outweighed by the danger of unfair prejudice - whether tendered for a tendency purpose
View ArticleGaspar v Minister for Immigration and Border Protection [2016] FCA 1166
MIGRATION - automatic visa cancellation under s 501(3A) Migration Act - refusal to revoke cancellation decision under s 501CA(4) - statutory construction - whether or not s 501CA(4) confers residual...
View ArticleWDR Delaware Corporation v Hydrox Holdings Pty Ltd; In the Matter of Hydrox...
ARBITRATION - International arbitration - whether some or all of the matters raised by the plaintiffs in the present proceeding should be stayed pursuant to s 7(2) of the International Arbitration Act...
View ArticleSZWAJ v Minister for Immigration and Border Protection [2016] FCA 1173
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for interlocutory injunction to restrain the removal of the appellant from Australia - whether primary judge fell into...
View ArticleOnthehouse Holdings Limited, in the matter of Onthehouse Holdings Limited...
CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a scheme meeting - where scheme conditional on shareholders passing corrective resolution...
View ArticleSino Dragon Trading Ltd v Noble Resources International Pte Ltd (No 2) [2016]...
ARBITRATION - international commercial arbitration - indemnity costs - whether there is or should be a rule requiring costs to be assessed on an indemnity basis other than in special circumstances,...
View ArticleTermite Resources NL (in liq) v Meadows, in the matter of Termite Resources...
PRACTICE AND PROCEDURE - application to strike out specified paragraphs of statement of claim - whether specified paragraphs of statement of claim disclose a reasonable cause of action - when statement...
View ArticleSZTVG v Minister for Immigration and Border Protection [2016] FCA 1172
MIGRATION - application for a Protection (Class XA) Visa on basis of appellant's perceived association with LTTE, actual or imputed political opinion due to Tamil ethnicity and because appellant...
View ArticleAustralian Securities and Investments Commission v Channic Pty Ltd (No 4)...
CONSUMER LAW - consideration of contended contraventions of ss 113, 114, 115, 116, 117, 118, 121 and 123 of the National Consumer Credit Protection Act 2009 (Cth) CONSUMER LAW - consideration of...
View ArticlePreston, in the matter of Hughes Drilling Limited (Administrators Appointed)...
CORPORATIONS - external administration - administrators' liability and indemnity for debts in administration - funding arrangement - whether to vary the liability of administrators
View ArticleYoung v Hughes Trueman Pty Ltd [2016] FCA 1176
PRACTICE AND PROCEDURE - application for extension of time to file notice of appeal against refusal to set aside bankruptcy notice - where factual substratum of application is fallacious allegation of...
View ArticleCapic v Ford Motor Company (No 2) [2016] FCA 1178
PRACTICE AND PROCEDURE - representative proceedings - security for costs PRACTICE AND PROCEDURE - representative proceedings - removal of persons from group
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