Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) [2016]...
PRACTICE AND PROCEDURE - application for recusal for apprehended bias - where earlier interlocutory application dismissed with costs - whether a fair-minded lay observer might apprehend that the judge...
View ArticleLuck v University of Southern Queensland [2016] FCAFC 167
PRACTICE AND PROCEDURE - request for adjournment of Full Court hearing - where parties had had ample time to prepare - request for adjournment based on appellant's wish to prepare for other Full Court...
View ArticleSafdar v Minister for Immigration and Border Protection [2016] FCA 1467
MIGRATION - appeal of primary judgment dismissing judicial review on the ground of the Tribunal's failure to take account of relevant considerations - Migration Regulations 1994 (Cth), cl 572.223(1)(a)...
View ArticleBY Winddown, Inc v Vautin [2016] FCAFC 168
PRACTICE AND PROCEDURE - interlocutory application for leave to appeal - no sufficient doubt in correctness of primary judge's judgment - no substantial injustice - proper construction of Federal Court...
View ArticleGregg v Fairfax Media Publications Pty Limited [2016] FCA 1470
DEFAMATION - trial by jury - whether to be ordered - Federal Court of Australia Act 1976 (Cth) ss 39, 40 - whether limitations to power to order trial by jury under s 40 - whether "expedient" under s...
View ArticleVirk Pty Ltd v Yum! Restaurants Australia Pty Ltd [2016] FCA 1468
PRACTICE & PROCEDURE - whether order should be made for security for costs of appeal - whether order should be made capping each party's recoverable costs of appeal
View ArticleTesic v Minister for Immigration and Border Protection [2016] FCA 1465
MIGRATION - appellant charged with trafficking in dangerous drugs - sentenced to seven years in prison - visa cancelled under s 501(3A) Migration Act 1958 (Cth) (Migration Act) while imprisoned -...
View ArticleDirector, Fair Work Building Industry Inspectorate v ADCO Constructions Pty...
INDUSTRIAL LAW - s 354(1) Fair Work Act 2009 (Cth) (FW Act) - principal contractor ADCO terminated engagement and cancelled further engagement of subcontractor Surf City Cranes Pty Ltd (SCC) - whether...
View ArticleCarrigan v Honourable Senator Michaelia Cash [2016] FCA 1466
PRACTICE AND PROCEDURE - application to strike out statement of claim because it fails to disclose a reasonable cause of action - originating application for judicial review of a report provided to the...
View ArticleNugawela v Deputy Commissioner of Taxation [2016] FCAFC 164
BANKRUPTCY - appeal from orders dismissing an application to set aside orders of a Registrar - Registrar did not set aside bankruptcy notice or extend time for compliance - no counter-claim, set-off or...
View ArticleRomero v Farstad Shipping (Indian Pacific) Pty Ltd (No 3) [2016] FCA 1453
INDUSTRIAL LAW - claims arising out of employment of Applicant as second officer on board Respondent's supply ship, in 2011 - claims under Sex Discrimination Act 1984 (Cth) and for breach of contract -...
View ArticleReliance Financial Services Pty Ltd v Leroy (Trustee) [2016] FCA 1380
BANKRUPTCY AND INSOLVENCY - whether appropriate to make declaration of charge over proceeds of sale of bankrupt estate - whether amount allegedly secured by charge proven
View ArticleLimmerick on behalf of the Ngarlawangga People v State of Western Australia...
NATIVE TITLE - consent determination of native title - whether statutory preconditions of s 87 of the Native Title Act 1993 (Cth) satisfied - whether appropriate to make the orders sought - orders made...
View ArticleHarpham v Communications, Electrical, Electronic, Energy, Information,...
INDUSTRIAL LAW - applicant employed by respondent between 2007 and 2012 - applicant's salary reduced in 2009 - applicant not paid "retirement allowance" between 2009 and end of contract - whether...
View ArticleRushleigh Services Pty Ltd v Forge Group Ltd (In Liq) (Receivers and Managers...
CORPORATIONS - whether leave to proceed against the first defendant, a company in liquidation, should be granted pursuant to s 500(2) of the Corporations Act 2001 (Cth) - whether an order should be...
View ArticleEllis v Secretary, Department of Social Services [2016] FCA 1469
ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal (Tribunal) under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where Tribunal affirmed decision to cancel mobility...
View ArticleRe.Group Pty Ltd v Kazal [2016] FCA 1485
TORTS - interlocutory injunctive relief sought pertaining to claims of breach of copyright and injurious falsehood PRACTICE AND PROCEDURE - interlocutory injunctive relief
View ArticleAustralian Competition and Consumer Commission v Woolworths Limited [2016]...
CONSUMER LAW - unconscionable conduct in trade or commerce - whether the design and implementation of a scheme that was targeted to reducing a projected profit shortfall was unconscionable
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