Nicholas v Australian Offshore Solutions Pty Ltd [2017] FCA 43
ADMINISTRATIVE LAW - the Administrative Appeals Tribunal (the Tribunal) affirmed a decision to refuse a workers compensation claim under the Seafarers Rehabilitation and Compensation Act 1992 (Cth) -...
View ArticleWittensleger v Australian Securities and Investments Commission [2017] FCA 41
CORPORATIONS - ASIC banning orders prohibiting the applicant from engaging in any credit activities or providing financial services - whether tribunal made an error of law by denying the opportunity to...
View ArticleVegas Enterprises Pty Ltd v Rumsley [2017] FCA 35
PRACTICE AND PROCEDURE - whether costs order made in favour of applicant in earlier proceeding can be set off against costs order made against applicant in cross-claim in same proceeding - whether the...
View ArticleYoung v Thomson (Trustee), in the matter of Young (Bankrupt) (No 3) [2017]...
PRACTICE AND PROCEDURE - application for non-publication of the reasons for judgment dismissing an application under ss 178 and 179 of the Bankruptcy Act 1966 (Cth) to set aside a litigation funding...
View ArticleMcGlade v Native Title Registrar [2017] FCAFC 10
NATIVE TITLE - South West Native Title Settlement - registration requirements for indigenous land use agreements (area agreements) (ILUAs) - where meeting resolutions authorising ILUA provided not...
View ArticleWinters v Fogarty [2017] FCA 51
PRACTICE AND PROCEDURE - application to strike out pleadings pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - applicable principles for striking out a pleading for not disclosing a...
View ArticleO'Sullivan v P& O Maritime Services Pty Ltd [2017] FCA 47
WORKERS' COMPENSATION - injury in course of employment - whether the applicant is an Employee within the terms of s 4(4) of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) - whether injury...
View ArticleMcGraw-Hill Financial, Inc (now known as S& P Global, Inc) v Mitsub Pty...
PRACTICE AND PROCEDURE - whether, by making an order in a class action and in relation to other class actions against rating agencies requiring the Chief Executive Officer of each of those ratings...
View ArticleSZTZH v Minister for Immigration and Border Protection [2017] FCA 55
MIGRATION - Protection (Class XA) visa - appeal from the Federal Circuit Court of Australia ("FCC") - whether FCC erred in failing to discern jurisdictional error in Tribunal's decision - where the...
View ArticleAAW16 v Minister for Immigration and Border Protection [2017] FCA 49
MIGRATION - application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) - original application replaced by application for an extension of time to file a notice of appeal - appeal from...
View ArticleRingshaug v Comcare [2017] FCA 48
WORKERS' COMPENSATION - appeal on a point of law from Administrative Appeals Tribunal decision - where Tribunal decision upheld three Comcare determinations denying compensation to applicant under s 14...
View ArticleClipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60
TRADE MARKS - claims for infringement of trade marks - nature of the market for electrical accessories - whether first respondent's mark should be cancelled - whether first respondent infringed...
View ArticleAustralian Nursing and Midwifery Federation v Royal Children's Hospital...
INDUSTRIAL LAW - construction of enterprise agreement - whether or not definition of experience limited to experience under enterprise agreement
View ArticleH. Lundbeck A/S v Commissioner of Patents [2017] FCA 56
PATENTS - construction of s 223(9) of the Patents Act 1990 (Cth) and reg 22.21 of the Patents Regulations 1991 (Cth) - meaning of "ceasing" of patent - meaning of "expiry" of patent - jurisdiction to...
View ArticleDiab Pty Ltd v Yum! Restaurants Australia Pty Ltd (No 2) [2017] FCA 54
COSTS - application by a third party to proceedings for costs of compliance with a subpoena - where application was made almost two years after subpoena discharged - where application was made months...
View ArticleTinkler v Melluish (Trustee); in the matter of Tinkler (Bankrupt) [2017] FCA 52
BANKRUPTCY AND INSOLVENCY - where applicant (a bankrupt) seeks his trustee's consent to travel overseas - where trustee refuses to give consent - whether Court should direct trustee to give consent...
View ArticleChen v Minister for Immigration and Border Protection [2017] FCA 46
MIGRATION - cancellation of visa on character grounds where substantial criminal record - affirmation by Administrative Appeals Tribunal of decision not to revoke cancellation decision under s 501CA of...
View ArticleWozniak v Minister for Immigration and Border Protection [2017] FCA 44
MIGRATION - cancellation of visa on character grounds where substantial criminal record - decision of Minister not to revoke cancellation decision under s 501CA of the Migration Act 1958 (Cth) -...
View ArticleNalbandian v Commonwealth of Australia [2017] FCA 45
INDUSTRIAL LAW - whether deed of agreement is binding - whether applicant was under a special disability or economic duress - whether applicant was a false witness, was willing to manufacture evidence...
View Article