Federal Cases
- ADMINISTRATIVE LAW – application for review under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – application for review under ss 5 and 6 of the Administrative Decisions (Judicial Review Act 1977 (Cth) – application under s 39B of the Judiciary Act 1903 (Cth) – whether Administrative Appeals Tribunal erred in finding s 181(1) of the Military Compensation and Rehabilitation Act 2004 (Cth) founds a discretion to deem a person with actual earnings different from income actually earned –appeal dismissed – no error – s 44 appeal dismissed as not […]
- REPRESENTATIVE PROCEEDINGS – application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – claim for non-payment or under-payment of wages to Aboriginal and Torres Strait Islander workers in the Northern Territory between 1933 and 1971 – whether the settlement is fair and reasonable – whether proposed deductions are fair and reasonable – deductions for legal costs and funding commission – priority of payments – directions to the administrator – settlement approved ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – outreach program – remote […]
- CORPORATIONS – orders sought by liquidators under s 90-15 of the Insolvency Practice Schedule (Corporations) that liquidators are justified and would be acting reasonably in giving effect to settlement deed – where settlement deed was entered into by the parties prior to obtaining Court approval – where settlement is conditional upon the liquidators obtaining orders from the Court pursuant to s 90-15 – whether liquidators were justified and acting reasonably in giving effect to settlement deed
- MIGRATION – protection visa application refused by a delegate of the Minister – review by the Immigration Assessment Authority affirmed the decision – judicial review application to the Federal Circuit and Family Court of Australia (Division 2) dismissed – appeal from that dismissal – where appellant sought leave to assert new grounds of error by the Authority – whether new grounds have clear merit so as to justify leave in the interests of justice – whether the Authority failed to consider relevant considerations – whether the Authority erred in not seeking […]
- COMPETITION – alleged attempts to enter into contracts, arrangements or understandings with companies in the coal seam gas industry that would be contraventions of s 44ZZRJ/45AJ of the Competition and Consumer Act 2010 (Cth) – alleged attempts to induce entry into the same contracts, arrangements or understandings – cartel provisions to allocate customers, limit bids and prevent, restrict or limit the supply of services in competition with the first respondent – whether subjects of the attempts were or were likely to be in competition with the first respondent at the relevant […]
- CORPORATIONS – application by administrators under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors – application for ancillary orders under s 447A of the Act – where extension sought to allow administrators to conduct sale of assets and carry out investigations – orders made
- TAXATION — appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) — where applicant lodged an objection to an amended assessment for the 2016 income year and the respondent did not allow the objection — where applicant was an initial participant in forestry managed investment scheme — whether applicant satisfied onus of proof to establish what the assessment should have been — whether exercise of put option and execution of novation deed in relation to forestry interest held by applicant constituted capital gains tax (CGT) events giving rise to amounts of assessable income under s 394-25 of the […]
- NATIVE TITLE – application for determination of native title – separate questions concerning the existence of native title – where trial of separate questions conducted between the applicant and the State of Queensland – where subsequent to trial the parties engaged in mediation and reached agreement on a statement of agreed facts – leave granted to re-open the trial for the purposes of adducing the statement of agreed facts in evidence, together with a supplementary expert report – consideration of the legal effect of the statement of agreed facts – determination […]
- PRACTICE AND PROCEDURE – application for security for costs – quantum of security to be ordered only issue – security in an amount of $200,000 to be provided – application for enforcement of earlier costs order – proper construction of that order – costs not yet payable
- NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous exclusive possession acts as defined in the Native Title Act 1993 (Cth) which wholly extinguished native title in the land by force of s 20(2) of the Native Title (Queensland) Act 1993 (Qld) – construction of s 203 of the Land Act 1962 (Qld) vesting power to grant special leases in the Minister – whether the Governor […]
- PRACTICE AND PROCEDURE – application to set aside interlocutory injunction – decision by Clean Energy Regulator to permanently suspend applicant’s registration as a registered person under Renewable Energy (Electricity) Act 2000 (Cth) – where Regulator gave notice of termination of Deed to participate in Solar Panel Validation Initiative as the provider of an “installer app” – where interlocutory orders made by consent to stay suspension decision and prohibit Regulator from acting on notice of termination –where stay expired after suspension decision was subsequently affirmed on internal review – whether interlocutory injunction […]
- PATENTS – discovery – significant claim for damages following liability judgment – discovery application successful with modifications made to categories of discovery sought
- PRACTICE AND PROCEDURE – Costs – Self-represented litigants – Where appeal allowed – Where Applicant sought indemnity costs only against Third Respondent – Whether Applicant entitled to recover costs on an indemnity basis – Whether there are any special or unusual circumstances to justify a departure from the usual position on costs – Whether Applicant can claim disbursements PRACTICE AND PROCEDURE – Judgments and orders – Correction under the slip rule – Where original order was the result of an accidental slip or omission – Where original order does not reflect […]
- PRACTICE AND PROCEDURE – Whether the Applicant’s originating application discloses a reasonable cause of action – Where the Applicant failed to provide details of service of the Respondent – Where the Applicant failed to comply with directions of the Court – Where the Applicant failed to appear on three occasions – Application dismissed.
- TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order for damages be made – whether appropriate to grant costs – application granted
- PRACTICE AND PROCEDURE – application to strike out allegations of fraud in the applicant’s statement of claim – where applicant alleges non-disclosure of information by respondent amounted to fraud on the Fair Work Commission – where respondent claims the facts pleaded do not establish any cause of action – whether necessary to allege information was dishonestly concealed – applicant has demonstrated reasonable case
- COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was adversarial
- CONSUMER LAW – alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and National Credit Code (Code) – where first and second respondents engaged in “credit activity” associated with the provision of credit to small business borrowers – where credit was provided to two consumers who asserted that they were establishing small businesses – application of the Code to the circumstances of those two consumers – examination of divergent judicial views as to the operation of s 5(1)(b) of the Code – whether first and second respondents engaged […]
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Anti Descrimination Matters
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