FZF18 v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - claim to refugee or complementary protection under Migration Act 1958 (Cth) s 36(2)(a) or (aa) - whether Immigration Assessment Authority failed to consider general security situation in...
View ArticleBlaylock-Rayner v Seven Network (Operations) Limited [2023] FCA 1026
PRACTICE AND PROCEDURE - application to strike out contextual imputations and particulars of defence - whether pleaded imputations are conveyed by matter complained of - whether pleaded imputations are...
View ArticleOrikan Group Pty Ltd v Vehicle Monitoring Systems Pty Limited [2023] FCA 1031
PRACTICE AND PROCEDURE - interlocutory application for stay of proceedings on basis of Anshun estoppel and strike out of claims on basis of abuse of process - whether claim for invalidity of patent...
View ArticleVeolia Water Australia Pty Ltd v Centennial Springvale Pty Limited (No 2)...
PRACTICE AND PROCEDURE - previous order made for discovery of data concerning samples of water taken from the Springvale and Angus Place mines - documents discovered which contained data from the mines...
View ArticleColeman v Veale [2023] FCA 1023
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) - whether failure to note and make allowance for a costs order adverse to...
View ArticleFZF18 v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - claim to refugee or complementary protection under Migration Act 1958 (Cth) s 36(2)(a) or (aa) - whether Immigration Assessment Authority failed to consider general security situation in...
View ArticleWatson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to...
View ArticleJohn Holland Pty Ltd v Bartlett [2023] FCA 1030
WORKERS COMPENSATION - appeal from a decision of the Administrative Appeals Tribunal - where the Tribunal determined that the respondent was entitled to payment of compensation calculated under s 19 of...
View ArticleMiller as executor of the estate of Detlef John Kirsten v Kirsten (No 2)...
COSTS - dispute over ownership and registration of shares in the fifth defendant - declarations sought - where the dispute resolved shortly before trial - where the only remaining issue was an...
View ArticleXL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd...
PRACTICE AND PROCEDURE - interlocutory application to stay orders pending an appeal - where applicant seeks stay of declaratory orders - distinction between declaratory and executory orders - where...
View ArticleStradford (a pseudonym) v Judge Vasta [2023] FCA 1020
TORTS - false imprisonment - where applicant imprisoned for contempt in matrimonial proceeding in Federal Circuit Court of Australia for purported non-compliance with disclosure orders - where judge's...
View ArticleBuckeridge v Littlepay Pty Ltd [2023] FCA 1036
INDUSTRIAL LAW - respondent terminated applicant's employment on ground of redundancy - where applicant alleged termination was adverse action within the meaning of s 342 of the Fair Work Act 2009...
View ArticleEquity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd (No 2)...
PRACTICE AND PROCEDURE - representative proceeding - form of orders following initial trial - whether declaration relating to contractual breach necessary and appropriate - whether pre-judgment...
View ArticleAHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022
CONTRACT - contractual power of non-renewal - scope, ambit and purpose of contractual power - "evergreen" agreements - termination of dealership agreement - issue of non-renewal notices - transition to...
View ArticleParthy v Grow MF Pty Ltd [2023] FCA 1037
PRACTICE AND PROCEDURE - leave to appeal - interlocutory judgment and order - relevant principles for leave to appeal and interlocutory injunction orders
View ArticleBOY17 v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming the decision of a...
View ArticleGulliver v Corporation of the Trustees of the Roman Catholic Archdiocese of...
INDUSTRIAL LAW - where the respondent employer was found liable for contravention of s 50 of the Fair Work Act 2009 (FWA) by contravening a dispute resolution clause in the enterprise agreement - where...
View ArticleYushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 3)...
PRACTICE AND PROCEDURE - application for recusal on grounds of apprehended bias - whether previous decision pre-judged the matter - whether fair-minded lay observer might reasonably apprehend that the...
View ArticleMcCabe, in the matter of Andrew McCabe and Joseph Hayes in their capacity as...
CORPORATIONS - application by administrators for relief under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) - where administrators seek...
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