Matson (Roger) v Keenan [2016] FCA 1549
EXTRADITION review of Magistrates decision under s 12 of the Extradition Act review of Ministers decision under s 16 of the Extradition Act meaning of extraditable person whether...
View ArticleTu v Chang (No 2) [2016] FCA 1568
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - "counter-claim, set-off or cross demand" pursuant to ss 40(1)(g) and 41(7) of the Bankruptcy Act 1966 (Cth) - supplementary...
View ArticleMatson (Baron) v Keenan [2016] FCA 1550
EXTRADITION - application for bail - no special circumstances - bail refused
View ArticleFair Work Ombudsman v Complete Windscreens (SA) Pty Ltd (No 2) [2016] FCA 1563
INDUSTRIAL LAW - penalty hearing - where contraventions concern minimum wages, casual loading, overtime, meal allowances, Saturday penalties, annual leave, annual leave loading, personal leave, record...
View ArticleGreat Lakes Reinsurance (UK) SE, in the matter of Division 3A of Part III of...
INSURANCE - transfer and amalgamation of insurance business under a scheme - steps to be taken before application for confirmation of scheme- application to dispense with requirement to provide an...
View ArticleAustralian Securities and Investments Commission v Kobelt [2016] FCA 1561
CONSUMER LAW - consideration of declarations to be made for contraventions of s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) and s 29 of the National Consumer...
View ArticleSmith v Military Rehabilitation and Compensation Commission [2016] FCA 1558
ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal concerning quantum of payments to which appellant entitled - Tribunal concerned with period between 29 May 2001 and 30 June...
View ArticleFair Work Ombudsman v Eastern Colour Pty Ltd [2016] FCAFC 187
PRACTICE AND PROCEDURE - Finding that ostensible contractual arrangements were "shams" - Whether open on pleadings and the way parties conducted the case - Recitation of evidence given by witnesses -...
View ArticleIrwin v Irwin [2016] FCA 1565
PRACTICE AND PROCEDURE - case management principles - relevance and application of s 37M of the Federal Court of Australia Act 1976 (Cth) to the exercise of discretionary power to dismiss an appeal...
View ArticleAMK16 v Assistant Minister for Immigration and Border Protection [2016] FCA 1557
MIGRATION - mandatory cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) - whether denial of procedural fairness by reason of Minister failing to consider material...
View ArticleDoyle on behalf of the Iman People # 2 v State of Queensland [2016] FCAFC 189
NATIVE TITLE - appeal against Judgment which found that grants or conversions of perpetual leases over three areas of land were in each case, a "previous exclusive possession act" within s 23B of the...
View ArticleSZUIJ v Minister for Immigration and Border Protection [2016] FCA 1574
MIGRATION - refusal of application for protection visa by a delegate of the Minister for Immigration and Border Protection - where Refugee Review Tribunal affirmed decision of the delegate - where...
View ArticleAustralian Securities and Investments Commission v One Tech Media Limited...
PRACTICE AND PROCEDURE application for direction in respect of the Australian Securities and Investments Commission whether appropriate to make direction that the Australian Securities and...
View ArticleBalwyn Nominees Pty Ltd v Culleton [2016] FCA 1578
BANKRUPTCY - creditor's petition - where creditor's petition based on failure to comply with bankruptcy notice requiring payment of judgment debt - whether court of bankruptcy should "go behind"...
View ArticleAKG16 v Minister for Immigration and Border Protection [2016] FCA 1576
MIGRATION - whether adequate consideration of reasonably foreseeable future in assessing fear of persecution - whether reasoning of the Tribunal unreasonable, illogical and/or irrational Held:...
View ArticleRasla v Minister for Immigration and Border Protection [2016] FCA 1575
MIGRATION - carer visa whether the Tribunal applied the wrong test when determining if the applicant was willing and able to provide substantial and continuing assistance under reg 1.15AA(1)(f)...
View ArticleAxis Investment Centre Pty Ltd v Mathew [2016] FCA 1562
PRACTICE AND PROCEDURE - consideration of an application for leave to amend the Originating Application and the question of the disposition of the costs associated with that application and related...
View ArticleTrustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
COSTS - application for first respondent's costs to be paid by applicant and non-party on indemnity basis - s 570 Fair Work Act 2009 (Cth) - proceedings found to have no merit - Calderback offer by...
View ArticleConstruction Forestry Mining and Energy Union v Anglo Coal (Capcoal...
INDUSTRIAL LAW - termination of employment purportedly on grounds of redundancy - application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3-1 of the Fair...
View Article