Auguste v Nikolyn Pty Ltd [2016] FCA 1579
HIGH COURT AND FEDERAL COURT - where significant delay in the delivery of judgment following trial - whether delay had an operative effect on the conclusion CONSUMER LAW - misleading and deceptive...
View ArticleAustralian Competition and Consumer Commission v Valve Corporation (No 7)...
CONSUMER LAW - pecuniary penalties - concepts of "common sense", causation, and contribution - injunctions - disclosure and advertisement orders - non-party consumer redress orders - compliance program...
View ArticleAustralian Competition and Consumer Commission v Valve Corporation (No 8)...
PRACTICE AND PROCEDURE - costs - costs of unsuccessful interlocutory application - costs of liability hearing - costs of penalty hearing
View ArticleAustralian Securities and Investments Commission v Drake (No 2) [2016] FCA 1552
CORPORATIONS - directors' duties - s 180(1) of the Corporations Act 2001 (Cth) - onus of proof in relation to proving alternative courses of action in s 180 of the Corporations Act CORPORATIONS -...
View ArticleMartin v Minister for Immigration and Border Protection [2017] FCA 1
MIGRATION - cancellation of visa on character grounds where substantial criminal record - request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) - review of...
View ArticleBasetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 6) [2016] FCA 1534
CONTRACTS - claim for monies owing under a contract - where applicant entered into a works contract to supply pipe and associated site installation work to the respondent - where contract provided for...
View ArticleStarkey on behalf of the Kokatha People v State of South Australia [2016] FCA...
NATIVE TITLE - application for stay of execution of order dismissing native title application - orders not of a kind which can be stayed. PRACTICE AND PROCEDURE - application for interim injunction...
View ArticleEducational Broadcasters Adelaide Incorporated v Australian Broadcasting...
INTELLECTUAL PROPERTY - interlocutory injunction - alleged infringement of registered trade mark - alleged contraventions of Australian Consumer Law - promotion of radio broadcast services by use of...
View ArticleInsight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd (No. 2) [2016]...
COSTS - application for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 - whether judgment more favourable than the offer of compromise - whether genuine offer - whether discount...
View ArticleRoyal v El Ali (No 3) [2016] FCA 1573
COSTS - application for costs fixed in lump-sum - whether appropriate and practicable to make lump-sum costs order - whether apportionment methodology as between the two proceedings was fair and...
View ArticleGould v Deputy Commissioner of Taxation [2017] FCAFC 1
TAXATION - assessment - validity of assessment - process of assessment - conclusive evidence - claim of conscious maladministration - claim of bad faith - claim of illegality - state of mind -...
View ArticleCrowley v WorleyParsons Limited [2017] FCA 3
PRACTICE AND PROCEDURE - whether a Statement of Claim filed in an investor class action pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) should be struck out in whole or in part as...
View ArticleWoodgate, in the matter of Bell Hire Services Pty Ltd (in liq) [2016] FCA 1583
CORPORATIONS - application by liquidator for directions pursuant to s 479(3) of the Corporations Act 2001 (Cth) - where insolvent company corporate trustee - where sole purpose of the trust was...
View ArticleHill, in the matter of Intergen Energy Holdings (Australia) Pty Ltd...
CORPORATIONS - administrators' liability - whether appropriate to make orders under ss 447A and 447D of the Corporations Act limiting liability of administrators
View ArticleSalama v Minister for Immigration and Border Protection [2017] FCA 2
MIGRATION - cancellation of visa under s 109 of the Migration Act 1958 (Cth) - online visa application form - where appellant answered "divorced" to question as to relationship status - whether...
View ArticleSave Beeliar Wetlands (Inc) v Commissioner of Main Roads [2017] FCA 4
ENVIRONMENT LAW - approval granted under s 130(1) and s 133 of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) to the Commissioner of Main Roads in Western Australia for the...
View ArticleBRK15 v Minister for Immigration and Border Protection [2016] FCA 1570
MIGRATION - Refugee - Unlawful non-citizen - Refusal to grant a protection (class XA) visa - applicant owed non-refoulement obligation by Australia - Indefinite immigration detention - No realistic...
View ArticleCrescent Funds Management (Aust) Ltd v Crescent Capital Partners Management...
TRADE PRACTICES - misleading and deceptive conduct claims under the Australian Securities and Investments Commission Act 2001 (Cth) - companies engaged in financial services industry - whether business...
View ArticleASG Group Limited, in the matter of ASG Group Limited (No 2) [2016] FCA 1586
CORPORATIONS approval of scheme of arrangement under s 411 of the Corporations Act 2001 (Cth) failure to serve notice of meeting and scheme booklet on all shareholders whether s 1322(3) of the...
View ArticleAYI15 v Minister for Immigration and Border Protection [2016] FCA 1554
MIGRATION - Section 36(2A) of the Migration Act 1958 (Cth) - complementary protection provisions - where decision maker required by Direction No. 56 to take account of PAM3 Refugee and Humanitarian...
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