Psevdos v Commonwealth Bank of Australia (No 2) [2017] FCA 19
BANKRUPTCY AND INSOLVENCY - judgment debt consequent upon an adverse costs order - where judgment debt said to be affected by fraud - circumstances in which bankruptcy court may go behind judgment -...
View ArticleRana v Google Inc (No 2) [2017] FCA 17
HIGH COURT AND FEDERAL COURT - jurisdiction - proposed claim founded in defamation - whether defamation claim falls within associated jurisdiction conferred under s 32 of the Federal Court of Australia...
View ArticleCDC15 v Minister for Immigration and Border Protection [2017] FCA 18
MIGRATION - protection visa - whether Tribunal failed to consider and determine an "essential integer" of claim - whether failure to exercise review jurisdiction - requirement to consider claim raised...
View ArticleTrina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6
PRIVATE INTERNATIONAL LAW - service of process outside the jurisdiction - residual discretion to refuse leave if the proceeding would be stayed - choice of law to apply where there is a dispute...
View ArticleCallychurn v Australian Securities and Investments Commission [2017] FCA 29
ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal to vary a decision of the Australian Securities and Investments Commission to make a banning order under s 80(1) of...
View ArticleMerial, Inc. v Intervet International B.V. (No 3) [2017] FCA 21
PATENTS - appeal under s 60(4) of the Patents Act 1990 (Cth) - entitlement - where opponent contended that applicant for patent did not derive title to alleged invention from inventor - where invention...
View ArticleKennedy v Secretary, Department of Industry (No 4) [2017] FCAFC 7
COSTS - application for costs under the Fair Work Act 2009 (Cth) - whether proceedings instituted without reasonable cause
View ArticleRobinson (Liquidator) v Taylor (Trustee), in the matter of Reed [2017] FCA 27
COSTS - settlement - reasonableness of conduct
View ArticleWhitby Land Company Pty Ltd (Trustee) v Deputy Commissioner of Taxation...
TAXATION - whether purported assessments valid - whether purported assessments "tentative" or "provisional" - nature and source of Commissioner's power to assess trustees for income tax liability
View ArticleFerdinands v The State of South Australia [2017] FCA 32
PRACTICE AND PROCEDURE - application for leave to appeal against an interlocutory judgment by which a Judge dismissed an application that she recuse herself on grounds of bias and removed an applicant...
View ArticleKronen v Commercial Motor Industries Pty Ltd (t/as CMI Toyota) [2017] FCA 33
INDUSTRIAL LAW - application for leave to reopen proceedings filed in the Industrial Relations Court of South Australia (IRCSA) in 2005 refused by Industrial Magistrate - whether error in the exercise...
View ArticleKhumalo v Minister for Immigration and Border Protection [2017] FCA 24
MIGRATION - appeal from decision of Federal Circuit Court of Australia - no appellable error identified in decision below - appeal dismissed
View ArticleBUZ15 v Minister for Immigration and Border Protection [2017] FCA 23
MIGRATION - appeal from a decision of Federal Circuit Court of Australia - no appellable error identified in the decision below - appeal dismissed
View ArticleBUY15 v Minister for Immigration and Border Protection [2017] FCA 22
MIGRATION - appeal from a decision of Federal Circuit Court of Australia - no appellable error identified in the decision below - appeal dismissed
View ArticleHerold v Seally [2017] FCA 42
PRACTICE AND PROCEDURE - application for leave to serve originating application outside Australia under rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) - whether Court has jurisdiction -...
View ArticleRosegum Corporation Pty Ltd v Young, in the matter of Rosegum Corporation Pty...
COSTS - defendants seek costs of interlocutory hearings to be payable forthwith - substantial delays by plaintiffs in articulating case - substantial and unnecessary costs to defendants - appropriate...
View ArticleSevdalis v Director of Professional Services Review [2017] FCAFC 9
ADMINISTRATIVE LAW - Professional Services Review Scheme - appeal against decision of Federal Court of Australia which upheld decisions of the Professional Services Review Committee and the Determining...
View ArticlePolan v Goulburn Valley Health (No 2) [2017] FCA 30
INDUSTRIAL LAW - application for relief under the Fair Work Act 2009 (Cth) and the Workplace Relations Act 1996 (Cth) - alleged breaches of enterprise agreements - where the Court has found that the...
View ArticleMZZLD v Minister for Immigration and Border Protection (No 2) [2017] FCA 31
MIGRATION - application for review under section 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused an extension of time application under s 477(2) of the Migration Act 1958...
View ArticleOttoway Engineering Pty Ltd v Westpac Banking Corporation (No 2) [2017] FCA 39
PRACTICE AND PROCEDURE - application for joinder by a non-party to the proceeding - whether non-party's interest is directly affected by injunction - commercial as opposed to legal interest - whether...
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