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UWA was ordered to pay the costs of Dr Gray and Sirtex. A cross-claim brought by Sirtex against UWA was dismissed and Sirtex ordered to pay UWA's costs of that cross-claim. Sirtex succeeded in its cross-claim against Dr Gray. Any party in respect of whom an order for costs has been made in the preceding orders is at li... | indemnity costs calderbank letter refusal of offer whether refusal unreasonable variety of factors relevant to assessment of unreasonableness indemnity costs refused costs |
The decision in question is that of the respondent, an employee of the Australian Taxation Office (ATO). The applicant has issued four other sets of proceedings against individual officers of the ATO. The events with which each proceeding is concerned are related. The reasoning on determination of each proceeding is al... | judicial review application brought pursuant to administrative decisions (judicial review) act 1977 (adjr act) to review decision of respondent objection to competency of application whether decision open to review meaning of 'decision' under adjr act whether substantive determination whether applicant has standing to ... |
2 CSL carries on business developing, manufacturing, selling and supplying in Australia plasma products, antivenoms and human vaccines. GSKA markets throughout Australia a range of pharmaceutical products including vaccines. 3 The products at the centre of this dispute are vaccines used for the prevention of infection ... | interlocutory injunction quia timet injunction whether serious question to be tried whether applicant likely to suffer injury for which damages will not be an adequate remedy whether balance of convenience favours the granting of injunction alleged contravention of s 52 of trade practices act 1974 (cth) practice and pr... |
The issue is whether the Federal Magistrate erred in not being satisfied that that there was "other sufficient cause" so that a sequestration order ought not to be made within the meaning of s 52(2)(b) of the Bankruptcy Act 1966 (Cth). Mr Field does not challenge his indebtedness, nor an act of bankruptcy arising upon ... | creditor's petition sequestration order whether "other sufficient cause" so that a sequestration order ought not to be made within the meaning of s 52(2)(b) of the bankruptcy act 1966 (cth) whether pending litigation against the creditor "other sufficient cause" bankruptcy |
2 The Applicant, a Deputy Commissioner of Taxation (the Deputy Commissioner), has applied to the Court for the winding up of the Respondent Company, BK Ganter Holdings Pty Ltd ACN 088 472 066 (Ganter). 3 The proceeding commenced upon the filing of the application for the winding up of Ganter on 20 August 2008. Prior to... | winding up neglect to pay debt after statutory demand acceptance of bank cheque in payment of debt subject to condition that winding up application be adjourned for one week so as to confirm its clearance continuation of proceedings by creditor in the interim whether applicant continued to have standing whether court o... |
After long and extensive litigation, the Refugee Review Tribunal (the Tribunal), on the third occasion it had to consider the claims of the appellants, found that the appellants had fabricated their claims, and that they were not truthful or credible witnesses. The Tribunal also found that the appellants' witness lacke... | whether the decision of the refugee review tribunal was made in bad faith and breached procedural fairness appellants had been through lengthy litigation original tribunal had made a finding of fact that appellants were in a homosexual relationship relationship was not disputed in federal court and high court proceedin... |
There are four issues outlined in the Amended Notice of Appeal. The first two concern the construction and effect of an undertaking given by consent and an order made by his Honour on 10 August 2005. The third issue is whether his Honour erred in law in failing to dismiss the creditor's petition on the basis that there... | appeal from sequestration order of federal magistrate construction and effect of undertaking given by appellant in form of consent orders whether appellant's undertaking to not take proceedings to set aside bankruptcy notice covers opposition to creditor's petition whether "sufficient cause" exists under s 52(2)(b) of ... |
On 4 September 2008, the Administrative Appeals Tribunal (the AAT) affirmed a decision of the Social Security Appeals Tribunal (SSAT) of 23 November 2007. The SSAT found that the decision of the authorised review officer of Centrelink of 27 September 2007 to cancel Mr Zoia's Newstart allowance from 24 July 2007 was cor... | appeal from decision of administrative appeals tribunal affirming decision of social security appeals tribunal (ssat) ssat upheld decision of centrelink review officer to cancel the applicant's newstart allowance applicant was required to sign a newstart activity agreement but did not do so whether denial of natural ju... |
The section does not, however, identify the instrument or authority that has prescribed the period which the court is able to extend or abridge. This has been left for the court to work out having regard to the purpose of the provision. In this case I held that s 1322(4)(d) permitted the court to extend the time for do... | extension of times fixed by class order whether permissible under s 1322(4)(d) corporations |
In a related application concerning Australian Capital Reserve Limited (Administrators Appointed) (ACR), on 12 June 2007 orders were made extending the "decision period" provided for by s 441A(1)(b) of the Act to the last day of the convening period for a number of companies in the Group ( Australian Capital Reserve Li... | second extension of convening period for second meeting of creditors of companies in administration parliamentary intention of maintaining tight time limits purpose of company administration corporations |
Its sources of funds have included banks and institutions and smaller retail investors in a form of finance known as mezzanine finance. A large number of such investors has paid a very large amount of money to Mezzanine Companies set up within the Group for the specific purpose of raising capital for particular project... | appointment of receivers to property of directors and officers of corporate group members of corporate group pending investigation by australian securities and investments commission possible contraventions of corporations act 2001 (cth) possible liabilities of defendants to third parties nature of application for free... |
The proceeding seeks relief in respect of an unregistered managed investment scheme known as "FullTank" ("the Scheme"). 2 The Scheme was conducted by the second defendant, BTS Management Pty Ltd ("BTS"), under and by reference to the business name "Chargeitcards". The first defendant ("McDougall") is the sole director ... | unregistered managed investment scheme unlicensed financial services business whether declarations appropriate whether scope of injunctive relief appropriate whether winding up of company necessary corporations |
As they raise similar principles of law based upon sufficiently common facts, it is convenient to deal with both applications in these reasons, although I will make separate orders in each proceeding. 4 To the extent that either applicant requires any extension of time under the Administrative Decisions (Judicial Revie... | review of decision of the minister to remove applicants from their position as inspectors under the aboriginal and torres strait islander heritage protection act 1984 (cth) ('the act') where change in governmental policy not yet implemented in legislation whether minister took into account irrelevant considerations whe... |
On that date, Senior Member Kelly affirmed a decision of a delegate of the respondent ("CRS") made on 16 April 2004 refusing the applicant's request for documents made pursuant to s 15 of the Freedom of Information Act 1982 (Cth) (" FOI Act "). 2 The applicant filed a notice of appeal from Senior Member Kelly's decisio... | review of administrative appeals tribunal ("aat") decision application for documents under freedom of information act 1982 (cth) whether reasonable steps taken to locate documents whether documents exist whether findings of fact supported by evidence whether irrelevant considerations taken into account whether wednesbu... |
This case raises another question --- whether approval can, or should, be given to an increase in the remuneration of the deed administrator post liquidation. 3 On 22 July 2005 Mr Purchas and Mr Dean-Willcocks were appointed as administrators of RSP Group Pty Limited pursuant to s 436A of the Corporations Act 2001 (Cth... | whether funds held pursuant to terminated deed of company arrangement are held for the benefit of deed creditors or property of the company in liquidation direction that the funds be administered as the property of the company in liquidation practice and procedure application by liquidators/former administrators for in... |
The Tribunal had determined that the respondent ('Isaac Jewellery') was not a business to which s 94(1)(b) of the Export Markets Development Grants Act 1997 (Cth) ('the EMDG Act') applied and was therefore entitled to receive grants pursuant to the EMDG Act. The EMDG Act provides for the grant of assistance to small an... | appeal from administrative appeals tribunal appeal from administrative appeals tribunal limited to questions of law jurisdictional fact appeal from administrative appeals tribunal whether tribunal erred in its application of the export market development grants (change in ownership of business) guidelines 2006 (cth) wh... |
5" (ARSN 103 920 190) ("Project 5" or the "Project"). The first applicant, Huntley Management Limited (ACN 089 240 513) ("HML"), is the current responsible entity of Project 5, being appointed on or about 18 March 2008. The other applicants in the proceeding are described in the Amended Statement of Claim (the "ASC") a... | managed investment scheme whether responsible entity should be removed as a party to proceeding powers and duties of the responsible entity corporations |
It acquired those shares on the ASX between 14 May and 4 June 2008, at an average price of $0.085 per share. Bell IXL's shares together with those of its associate, K Pagnin Pty Ltd, represent about 10.17 per cent of the issued capital. After its initial series of acquisitions Bell IXL lodged a notice of substantial sh... | shares allotment powers of directors allotment for ulterior purpose corporations |
The order, which I will call 'the divestiture order', was made by the Parliamentary Secretary to the Treasurer under s 21A(4) of the Foreign Acquisitions and Takeovers Act 1975 (Cth) ('the Act'). 2 Ms Wight has not complied with the divestiture order. She claims that it is invalid and in her application to this Court s... | external affairs power whether the foreign acquisitions and takeovers act 1975 (cth) is supported by s 51(xxix) insofar as it applies to persons not ordinarily resident in australia where law deals with acquisition of real property inside geographic limits of australia whether external affairs power supports laws with ... |
There was one matter left to determine, namely the question of costs as between the applicant and the second respondent. It was agreed between the parties that this issue should be determined on the papers. 2 The background to this proceeding can be summarised briefly. On 11 August 2004, the Australian Competition and ... | costs proceeding finalised by making of consent orders whether second respondent should be liable for applicant's costs extent to which applicant successful in obtaining relief sought at commencement of proceedings whether applicant acted reasonably before and during litigation practice and procedure |
2 The priority date of both Patents is 18 December 1998 and that of the Design 9 November 1999. 3 The relevant claims of the Patents are for a power saw and the Design is for a blade to be used in such a saw. 4 The power saw of Black & Decker's alleged invention is a reciprocating (backwards and forwards) electrica... | infringement standard and innovation patents power saw able to be used as either panel saw or jigsaw invalidity whether invention novel whether invention useful standing of licensee whether exclusive licence whether retrospective operation of licence agreement whether divisional application valid whether new and origin... |
The direction is opposed by the applicant ('the ACCC'). In support of the direction, there was filed in Court an affidavit of Mr Stephen Klotz, the solicitor for StoresOnline, affirmed on 23 June 2009 ('the supporting affidavit'). (2) StoresOnline, at para 20 of their second amended defence filed on 30 April 2009, deny... | whether evidence of witnesses in the united states should be taken by use of audiovisual facilities or given in person the exercise of discretion as to what is appropriate in a particular case will involve a balancing exercise as to what will best serve the administration of justice consistently with maintaining justic... |
That the first and third applicants provide by 4.00 pm on Friday 10 November 2006 security for the costs of the proceedings of the first and second respondents in the sum of $87 832, or such other sum as is ordered by the Court, to the satisfaction of the Registrar of the Court. 2. The first and third applicants pay th... | application for security for costs application brought within 10 days of trial notice of motion heard 2 days before trial whether respondents delayed in bringing application for security for costs consequences of ordering security for costs costs |
Ms McIver is an employee of the University and, in March 2006, she held a position described as School Executive Officer in the School of Management. In the proceeding the applicant makes a number of claims including a claim that he has been subjected to unlawful discrimination within the Disability Discrimination Act ... | stay of actions upon bankruptcy exception for "personal injury or wrong done to the bankrupt" whether disability discrimination claim within exception bankruptcy |
The respondents did not appear at the hearing of this appeal and have filed no submissions. The Commissioner contends that the Tribunal applied the wrong test on penalties as a matter of substantive law and that had it applied the correct test a different conclusion would have resulted. It contends that there were proc... | imposition of penalty tax appropriate purpose for penalty considerations whether tribunal's reasons adequate income tax |
I ordered the parties to submit a draft determination and related orders within 6 weeks. Both the applicants and the Northern Territory submitted final draft determinations, with the Pastoral respondents primarily in agreement with the draft submitted by the Northern Territory. The final draft determinations left a num... | determination of native title native title |
The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs to refuse grant of a protection visa to the appellant, which decision was made on 31 January 2001. 2 The appellant is a 56-year-old woman who is a citizen of the Ukraine. Before the Tribunal the appellant test... | whether tribunal failed to ask relevant questions whether tribunal failed to determine the 'particular social group' the applicant belonged to migration |
2 The background to that application is that the applicant had arrived in Australia as a visitor from China in November 2004, and had been taken into detention some weeks after her arrival for what were considered to be breaches of her visa. Whilst in detention, she engaged an experienced firm of solicitors to prepare ... | no special or particular principle arising migration |
The appeal is made pursuant to s 14ZZ(a) of the Taxation Administration Act 1953 (Cth). Mr Romanin seeks orders allowing his appeal against the Commissioner's Notice of Decision on Objection and accordingly seeks orders reducing his taxable income for the years in question. 3 The Macro claim arose in relation to the ce... | deductions legal expenses incurred in proceedings instituted to recover income contractually due whether outgoings allowable deductions under s 8-1 of the income tax assessment act 1997 (cth) whether outgoings incurred in gaining or producing assessable income whether outgoings capital in nature application of penalty ... |
Separate questions will sometimes allow expense, that otherwise would be incurred in preparing extensive evidence on the quantification of damages, to be avoided. Sometimes the determination of a separate question will lead to a complete resolution of a matter. However, if the ordering of a separate question does not l... | application for leave to appeal from an interlocutory judgment of the federal magistrates court relevant principles amendment of pleadings summary dismissal under s 17a of the federal magistrates act 1999 (cth) application dismissed practice and procedure |
The first is whether the Tribunal's decision was vitiated by a reasonable apprehension of bias. The other, whether the Tribunal failed to accord procedural fairness to the applicant. The ground upon which the visa was refused was that, being found not to satisfy the character test for the purposes of s 501 of the Migra... | reasonable apprehension of bias tribunal member issued listening device warrant directed at applicant seven months prior to appeal hearing before same tribunal member regarding refusal of visa applicant unaware at hearing that tribunal member had issued warrant no issue of waiver of bias decision to issue warrant requi... |
There has not, as yet, been any native title determination by this Court in respect of the claim they make concerning that land. That issue is the subject of separate proceedings (matter QUD 52 of 2008) instituted in the Court by the Applicants. The Applicants do not, in the present proceeding, either seek to establish... | application declarations injunction whether grant of a petroleum lease under the petroleum act 1923 (qld) in respect of land claimed by "registered native title claimants" under the native title act 1993 (cth) is not a pre-existing rights based act within the meaning of the native title act applicant the registered nat... |
A declaration that claims 1, 2, 3 and 5 of Australian Innovation Patent No 200310063, ('the patent') has been infringed by the respondent. 2. A permanent injunction restraining the respondent whether by itself, its directors, officers, servants, agents or otherwise howsoever during the term of the patent or any extensi... | australian innovation patent no appearance by the respondent whether satisfied that the respondent had been properly served with application and statement of claim and was aware of the hearing whether serious question to be tried test for establishing infringement of patent whether infringing product embodies the essen... |
The register is a public document which is open for inspection by a member without charge and by any other person upon payment of a fee. When copies are requested they must be provided in exchange for a fee. The provisions dealing with the maintenance of and access to registers are currently found in Chapter 2C of the ... | register of members request for a copy of the register electronic copy of register provided in pdf format company entitled to reasonable fee fee not to exceed marginal cost whether amount charged reasonable corporations |
The motion filed 24 November 2006 is dismissed. 2. The First and Second Applicants pay the costs of the motion. The trial of this action is set down for five days commencing 4 December 2006. The application for the adjournment arises in part by reason of external difficulties related to the timing of the production of ... | adjournment trial late production of documents by third party under subpoena late engagement of new representation by applicant prejudice to respondents adjournment refused practice and procedure |
Both in the course of submissions and after delivering judgement on 26 March 2009, I raised with the parties the question of what further material, if any, beyond that referred to in O 46 r 6(2) of the Federal Court Rules , ought to be the subject of a grant of leave to a non-party to inspect on the Court's file. I did... | documents inspection and access to documents by non-parties whether access should be granted in interests of open administration of justice access should be granted subject to limitations (cth) federal court rules 1979 o 46 r 6 practice and procedure |
His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal (Tribunal) handed down on 19 February 2009 which affirmed a decision of a delegate of the first respondent (Minister) to refuse to grant the appellant a protection visa. The appellant claimed that he was the District Se... | appeal from federal magistrate no appellable error appeal dismissed migration |
The case involved the interpretation of an enterprise agreement known as the Star City Pty Limited Enterprise Agreement 1998 which has been amended and replaced by subsequent Agreements made in 2000, 2002 and 2004. 2 The background of the matter is that the appellant, Star City Pty Limited ('Star City') operates the we... | the commonwealth minimum entitlements of employees overtime interpretation of enterprise agreement. industrial law |
I invited the parties to make additional submissions in relation to costs and whether or not there should be injunctive relief. The applicant has advised that it does not now press for injunctive relief although that had been part of its original claim. 3 The applicant pursues a costs order on this basis on three groun... | indemnity costs was rejection of offer reasonable or prudent was exaggerated counter offer and cross-claim relevant to a claim for indemnity costs costs |
That question turns on whether the Etheridge Shire Council is a trading or financial corporation within the meaning of s 51 (xx) of the Constitution . 2 For the reasons which follow, in each proceeding I have concluded that the Etheridge Shire Council is not a trading or financial corporation within the meaning of s 51... | workplace agreement purported to be lodged by the etheridge shire council under the workplace relations act 1996 whether the etheridge shire council is an "employer" pursuant to section 6 of the workplace relations act answering that question dependant upon whether the council is a corporation to which section 51(xx) o... |
My attention has been drawn to the fact that I did not explicitly deal with the form of order for compensation to be made in respect of Loncaric and Carlon Pty Limited insofar as there was a claim for contingent loss. 2 Loncaric negotiated the appointment of two sub-distributors by Carlon Pty Limited by passing on to t... | form of relief indemnity for likely loss and damage pursuant to s 87 trade practices |
2 It is not disputed by the plaintiff that the plaintiff owes that sum to the defendant. It follows that s 459H(1)(a) of the Act does not apply, there being no " genuine dispute between the (plaintiff) and the (defendant) about the existence or amount of debt to which the demand relates ". 7 The plaintiff asserts that ... | application to set aside statutory demand under s 459g corporations act 2001 (cth) where amount of demand not disputed whether plaintiff has genuine claims against the defendant to offset the admitted amount pursuant to s 459h(1)(b) where plaintiff found to have arguable genuine claims for offset in excess of admitted ... |
The applicant was given leave by Heerey J on 12 July 2007 to issue a subpoena directed to ASIC to produce specified documents in its possession. ASIC has produced the documents to the Court. The first respondent, Multiplex Limited, is a company whose shares are listed on the Australian Stock Exchange Limited ("ASX"). T... | representative proceeding claiming breach of continuous disclosure obligations investigation by australian securities and investments commission where applicant served subpoena duces tecum on asic to produce certain documents and transcripts in its possession following investigation objection to production by asic on g... |
From about February 1996 he was on either sick leave or compensation leave from that employment. On 23 May 1996 the second defendant Comcare accepted liability on his claim for compensation for generalised anxiety disorder under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act). 2 APS arranged wi... | workplace injury rehabilitation program with host employer wages paid by original employer work trial agreement prepared by original employer and forwarded to host employer but not signed by the latter second injury while worker working for host employer common law action brought by worker against host employer whether... |
Under s 44(1) of the AAT Act the right of appeal is a right to appeal from a decision of the Tribunal on a question of law. The respondent to the purported appeal is Mr Artan Hassani. 5 In order to protect its position the applicant has filed an application seeking relief in relation to the Tribunal's orders under s 5 ... | purported appeal from decision of administrative appeals tribunal where respondent applied for australian citizenship where applicant minister's delegate refused to grant citizenship on the basis of criminal record and consequent failure to satisfy good character requirements of australian citizenship act 1948 (cth) wh... |
Section 31A empowers the Court to award summary judgment in relation to a proceeding if satisfied that the applicant has no reasonable prospect of prosecuting it. The basis of the respondent Secretary's resort to s 31A is the contention that the applicant has not identified any question of law such as would enliven the... | social security law decision to cancel newstart payment following repeated participation failures appeal pursuant to s 44 of the administrative appeals tribunal act 1975 (cth) whether a question of law stated proper construction of "to be negotiated" contrived by it's legislative setting right to negotiate limited in t... |
As against the State, Sportsbet seeks an order for production of documents over which the State claims parliamentary privilege, public interest immunity and/or legal professional privilege. As against Racing NSW, Sportsbet seeks an order for production of documents over which Racing NSW claims without prejudice or sett... | public interest immunity claim by state that documents associated with the drafting of legislation protected from disclosure by public interest immunity class claim whether public interest in ensuring candour outweighed by public interest in ensuring the administration of justice legal professional privilege documents ... |
Businesses across Australia will pay less for fuel than they do now because they will get back the GST paid on inputs, including fuel. It is expected that business should save around 6 c to 7 c per litre by this measure alone, although the actual amount will not be until next year after the final pre-GST half-yearly CP... | diesel fuel, rebate meaning of "in rail transport" whether fuel used in rail transport customs and excise |
Mirabell is said to have been agent for Tokio, meaning that Tokio is liable for Mirabell's representations and conduct concerning the supply of insurance cover for goods stored in premises said to be owned by Mirabell. In short, Logic alleges that Mirabell misrepresented the level and quality of security on the premise... | liability whether misrepresentations and negligence agency entry into contracts of storage and insurance exclusion clauses whether insurance for storage of tyres in bulk excluded. insurance |
Both motions are issued by the third respondent in the proceeding. The first is a motion filed on 7 April 2009 and the second is a motion filed on 12 March 2009. By the first motion, the third respondent seeks an order that the further amended statement of claim delivered on 10 March 2009 be struck out and that the app... | consideration of an application for an order to strike out a further amended statement of claim and related orders practice and procedure |
Lilly is also the patentee of the Austrian equivalent of the Australian Patent. The second cross claimant is the exclusive licensee of the Patent in Australia. 2 On 14 January 2000 the Commissioner of Patents granted an extension of term of the Patent for a period of five years ending 7 March 2009. 3 On 12 May 2008 Lil... | misleading and deceptive conduct "in trade or commerce" application to commissioner of patents for extension of patent term application alleged to contain misleading and deceptive statements whether statements made in trade or commerce. extension of patent term application for review of decision to grant standing of ap... |
He sought an extension of time until 14 days after the determination of an appeal from the judgment on which the bankruptcy notice was founded. Ultimately, after being provided with a bank guarantee in an amount of approximately the judgment debt, the trustee consented to the extension of time sought. The appeal agains... | costs principles governing exercise of the court's discretion to award costs pursuant to s 32 of the bankruptcy act 1966 (cth) where bankruptcy notice issued despite debt on which bankruptcy notice founded being the subject of an appeal not yet determined effect of not seeking stay of execution reasonableness of partie... |
I note that there has been repeated default by both respondents. I have also had regard to the correspondence and emails in the history of the proceeding and, having considered the affidavits that are before me, I consider it appropriate to make orders in terms of the short minutes of order. 2 So far as the question of... | application for default judgment pursuant to o 35a respondents failed to enter appearance, file defence and appear at directions hearing application allowed. copyright |
The claim made in the proceeding is said by the applicant to be within the original jurisdiction of the Court, "being an application for a declaration as to the proper construction of s 494C of the Migration Act 1958 (Cth)". The legislative basis for the Court's jurisdiction to hear the application and grant the relief... | application for skilled (provisional) graduate visa delegate of second respondent refused application decision and reasons transmitted to applicant by e-mail applicant taken, under legislative provision, to have received document at end of day on which document transmitted applicant first saw decision and reasons after... |
The Superannuation Complaints Tribunal is constituted by s 6 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Act). It has as its objectives and functions the conciliation of complaints made under that Act or, if a complaint cannot be resolved by conciliation, the review of the decision or conduct t... | appeal from a determination of the superannuation complaints tribunal where the sct affirmed decisions of the first and second respondent that the applicant was not totally and permanently disabled whether any questions of law raised on appeal whether the sct considered the relevant time in determining whether the appl... |
Relevantly, the issue between the parties, as determined by Gray J in favour of the Union, was whether the Victorian Arts Centre was a premises of a state government instrumentality for the purposes of clause 8A of the Building Services (Victoria) Award 1994 ("the 1994 Award") and clause 15.3 of the Building Services (... | stay of orders pending appeal appellant claimed it would be unable to recover monies paid if it were successful on appeal stay granted on condition relevant monies are paid into court pending appeal practice and procedure |
That rule requires the Court to have regard to the matters in O 6, r 17(2). The basis upon which AFMA wishes to intervene is quite limited. It would not be an overstatement to describe it as a lobby group for the industry. Its role is to represent the interests of its members and advocate what it describes in its evide... | (no. 3) [2007] fca 393 |
Put shortly, the first issue is whether the Tribunal in further conducting a review of a delegate's decision --- the previous decision of a differently constituted Tribunal having been set aside by a decision of a Federal Magistrate --- complied in the circumstances with the obligation imposed on it by s 425 of the Mig... | s 425 invitation to hearing when necessary on remitter after invalidation of a tribunal decision jurisdictional error discretion to refuse relief migration migration |
Mr O'Connor did not appear at the hearing on either liability or penalty. The sixth respondent is the national body of the Australian Workers' Union (the AWU). The seventh respondent is the New South Wales branch of the Australian Workers' Union (the AWU-NSW). Each was registered as an organisation of employees and bui... | penalties unlawful industrial action breaches of workplace relations act 1996 (cth) and building and construction industry improvement act 2005 (cth) related unions totality principle industrial law |
2 ABB Australia declared a dividend payable on a specified future date. Before that date arrived, ABB Zurich, for valuable consideration, contracted to assign its right to receive the dividend to another non-resident, Barclays de Zoete Wedd Limited (BZW). BZW, in turn, and still before the date fixed for payment, and a... | withholding tax under div 11a of pt iii of income tax assessment act 1936 (cth) australian resident company wholly owned subsidiary of swiss parent company australian company declares dividend payable 22 days after date of declaration swiss parent contracts to sell right to receive dividend to english company english c... |
By 2004 the bulk of the sum which he received, comprising $995,000 after costs, had been dissipated. That dissipation was due in large part to his poor judgment, naivety and lack of the skills necessary to manage his finances. He made a claim for a disability support pension but that claim was refused on the basis that... | administrative appeals tribunal duty to give reasons for decision nature of duty not limited to setting out findings of fact and references to the evidence tribunal's reasoning process adequately disclosed application dismissed disability support pension compensation payment for injury giving rise to disability preclus... |
On 30 September 1998, by operation of the Native Title Amendment Act 1998 (Cth), the application became a proceeding in this Court. The application was amended on 17 August 1999 by, amongst other things, further particularisation of the native title claim group. The State and the applicant are agreed that the effect of... | consent determination of native title whether determination should be made pursuant to s 87 of the native title act 1993 (cth) proposed determination within court's power and appropriate orders made native title |
The first topic relates to Mr Seward having made no complaint to Quadrant about having been misled by it in 2001 or thereafter until the commencement of these proceedings in June 2003. The reason that the respondents wish to cross-examine on this topic is that they may wish to submit that the court should infer, from M... | cross-examination application to recall witness for further cross-examination applicable principles discretionary considerations whether evidence has probative value whether real prejudice to witness leave refused practice and procedure |
The applicant seeks to challenge that decision under s 39B of the Judiciary Act 1903 (Cth) and s 476A(1)(c) of the Principal Act. The applicant also seeks damages for false imprisonment. To the extent that it is necessary for him to do so, the applicant also seeks an extension of time pursuant to s 477A of the Principa... | minister's power to cancel visas on character grounds cancellation power limited to visas that have been granted to persons applicant holder of a transitional (permanent) visa whether applicant was granted a transitional (permanent) visa whether the minister had the power to cancel the applicant's transitional (permane... |
2 The proceedings were commenced in this Court on 25 October 2005. The applicant is Mr Peter Ivan Macks in his capacity as trustee of the bankrupt estate of Mr Noel Ross Edge and he brings a claim against Mrs Keryn Dawn Edge, who is the respondent. Mrs Edge was married to the bankrupt. Her application for an order tran... | application for order under bankruptcy act 1996 (cth), s 35a, that proceedings be transferred from federal court of australia to family court of australia where trustee in bankruptcy alleges in federal court that transfers to bankrupt's former spouse are void where separate proceedings on foot in family court in which ... |
The application for extension of time was filed with the Court on 25 June 2008. The application is not a great deal out of time. Mr Foster, who was unrepresented, gave as an explanation that there was apparently some misunderstanding in his communication with Court staff as to what was required. I am satisfied that the... | receipt of disability support pension whilst residing outside of australia limited portability period minister's discretion to extend portability period where certain conditions satisfied social welfare |
His Honour was satisfied that the Federal Magistrates Court had no jurisdiction to hear the application because s 477(1) of the Migration Act 1958 (Cth) requires an application to the court to be made within 28 days of the actual notification of a decision of the Tribunal. 2 His Honour observed that the decision of the... | reasons of the refugee review tribunal must be personally served on an applicant time for application for judicial review does not start running until applicant is personally served migration |
This proceeding is one of a number of ancillary proceedings in which allegations of the same or similar conduct are made. It is an action brought by the applicant, Cadbury Schweppes Pty Ltd ("Cadbury"), against Amcor for damages under the Trade Practices Act 1974 (Cth) ("the damages proceedings"). Visy has been joined ... | legal professional privilege advice privilege litigation privilege implied undertaking public interest immunity work product draft witness statements and witness proofs whether filing and service, without more, of witness statements constitutes waiver of privilege distinction between privilege and implied undertaking w... |
In particular, the meaning of r 5.19 is in issue in relation to the criteria for the grant of a subclass 856 visa under the Employer Nomination Scheme. Regulation 5.19 deals with approval of nominated positions for the purposes of certain subclasses of visa, including subclass 856 visas. 2 The second appellant is the h... | employee nomination scheme subclass 856 visa definition of "highly skilled person" in r 5.19(3) of the migration regulations 1994 (cth) meaning of expression "the person has completed, over a period of 3 years, formal training or equivalent experience" found in r 5.19(3)(a) whether the migration review tribunal was req... |
2 Because the order of Jarrett FM was interlocutory, leave to appeal from his Honour's decision is required to be given by this Court (s 24(1A) Federal Court of Australia Act ). 3 The applicant was self-represented, however the respondent had legal representation. Both parties are located in northern New South Wales. T... | application for leave to appeal from interlocutory decision of federal magistrate whether decision attended by sufficient doubt to warrant reconsideration practice and procedure |
On that date, the primary judge ordered that Channel pay Television Network G.P's ("Television") costs thrown away, on an indemnity basis, as a result of a Court ordered mediation being abandoned. This is so because the indemnity costs order made by the primary judge was an interlocutory order. It follows that Channel ... | application for an extension of time in which to file an application for leave to appeal indemnity costs order whether there is a satisfactory explanation for the delay whether there are sufficient prospects of success if leave were granted whether there are 'special reasons' to justify the extension of time indemnity ... |
That report is presently exhibit A for identification. The report is supplemented, insofar as Mr Tait's knowledge, training, and experience is concerned, by an affidavit from that gentleman which was filed by leave today. Section 55 of the Evidence Act 1995 (Cth) (Evidence Act) provides that the evidence that is releva... | expert evidence application to reject tender of expert report relevance whether expert's evidence based on specific knowledge based on that expert's study, training or experience importance of identifying the relevant opinion of the expert and the material upon which the opinion is based whether expert has expertise wi... |
5 At 8.30 am on 5 August 2003, employees of Pratt and Maxim (Vic) stopped work to attend a meeting conducted by representatives of the Union. After the meeting, the site safety committee, comprising representatives of the head contractor, Multiplex Limited, and representatives of the Union, conducted a site safety audi... | organising or engaging in industrial action with intent to coerce payment for period of industrial action breach admitted penalty imposed industrial law |
2 In those proceedings the present Respondent was the Plaintiff and the Applicant was the Defendant. What was in issue was the nature of the arrangement as between them in respect to the development of a property located at Merrylands. 3 During the course of the proceedings in the Supreme Court a costs order was made i... | application to set aside bankruptcy notice need for court to be " satisfied " counter-claim, set-off or cross demand could not have been set up as a matter of law in the action or proceeding in which judgment or order obtained application allowed bankruptcy |
The applicant taxpayer is not liable to make withholding payments in connection with salary and wages because the salary and wages paid by the applicant are exempt income under s.23AG of ITAA36. Accordingly, the requirement of 91 days continuous period of foreign service should still be satisfied. Further and alternati... | exemption from tax of foreign earnings derived by residents of australia engaged in service in a foreign country whether australian based aircrew flying aircraft for an international airline are engaged in foreign service within the meaning of s. 23ag of the income tax assessment act 1936 consequential implications for... |
She commenced these proceedings against the publisher of The Daily Telegraph newspaper, Nationwide News Pty Limited and its associated company, News Digital Media Pty Limited. News Digital publishes material on the internet including extracts from the Daily Telegraph . On 3 December 2008, The Daily Telegraph also publi... | defamation jury trial ss 39 and 40 federal court of australia act 1976 (cth) usual mode of trial in federal court by judge alone unless the court otherwise orders proceeding for damages for injury to reputation by reason of publication of defamatory matter together with representations in contravention of s 53b of trad... |
I reserved the costs of the motion pending receipt of written submissions as to whether costs can or should be ordered in favour of the applicant, having regard to the provisions of s 824 of the Workplace Relations Act 1996 (Cth) ('WRA'). 2 On 31 May 2006, the applicant and the respondents filed written submissions as ... | costs of notice of motion meaning of 'proceeding' under s 824 of workplace relations act 1996 (cth) whether notice of motion instituted vexatiously or without reasonable cause whether notice of motion an unreasonable act or omission application for costs refused workplace relations |
2 The facts relating to the circumstances by which the appellant claims a well-founded fear of persecution for a Convention reason are recited at AB133 and 134. For present purposes, I propose to adopt some of the observations in relation to the background facts which are succinctly put, consistent with the findings at... | consideration of whether the decision of the federal magistrate reflects an error of law in failing to find a lack of procedural fairness in the conduct of the hearing by the refugee review tribunal consideration of whether the tribunal engaged in contraventions of s 424a(1) of the migration act 1958 (cth) and s 425 of... |
There are exceptions to the rule. The question here is whether the order sought in the instant application falls within the exceptions. 2 The circumstances giving rise to the application are as follows. In 1999 Edensor Nominees Pty Ltd and Normandy Consolidated Gold Holdings Pty Ltd entered into an agreement that Yanda... | final judgment fund established for distribution to a class unable to locate all members of class liberty to apply reserved whether power to order the return of the balance of the fund practice and procedure |
In the early morning of 30 March 2008, the Mitra was boarded by personnel from a Royal Australian Navy patrol boat about 7 nautical miles inside the Australian fishing zone ('AFZ'). Soon after it was boarded, an officer (under s 4 of the Fisheries Management Act 1991 (Cth) ('the Act')) gave notice of seizure of the Mit... | strict liability offences mistake of fact whether mistake of fact or law whether affirmative belief as to fact whether mistaken belief reasonable forfeiture of foreign fishing vessel civil proceedings to prevent forfeiture onus of proof and standard of proof whether vessel being used for offence purpose of enforcement ... |
The application was filed with the National Native Title Tribunal in October 1997 by Dorothy Mary Lawson and Phillip Mark Lawson who are jointly the applicant in this proceeding and who act on behalf of the Barkandji (Paakantyi) People. Pursuant to amendments made to the Act the compensation application became a procee... | application by representative body to be joined as a party application for compensation application to be dismissed authorisation of representative body to seek dismissal of compensation application compensation application dismissed for applicant's failure to progress ; native title |
Subject to orders 2 and 3 below, the applicant pay the respondents' costs of the proceeding. 2. The respondents pay the applicant's costs of the infringement of copyright claim in relation to the artworks and the breach of implied term claim in relation to the artworks and the provisions of O 62 r 36A(1) do not apply i... | multiple causes of action successful on only some causes of action whether separate orders should be made issues sufficiently separate and distinct separate orders made application of one-third off rule in o 62, r 36a federal court rules copyright litigation appropriately commenced in federal court indemnity costs cond... |
The resolution of this dispute raises for consideration the scope of legal professional privilege prior to any retainer between a solicitor and his client. Following the hearing I declined to allow production of the disputed communications, with minor exceptions. What follow are my reasons. Legal professional privilege... | legal professional privilege applicable principles retainer not necessary unsolicited advice not privileged implied request for advice sufficient to attract privilege advice privilege the scope of advice privilege whether the dominate purpose test applies to direct communications between solicitor and client litigation... |
He has previously held permits to take various species of fish in the Western Tuna and Billfish Fishery ("the WTBF"). At various times in 1998, 1999 and 2000, Mr Kennedy suffered from illnesses which prevented him from fishing. In 2005 he applied for a new fishing concession. These concessions were known as Statutory F... | appeal from a decision of the australian fisheries management authority to grant certain statutory fishing rights granting certain statutory fishing rights pursuant to s 26 of the western tuna billfish fishery management plan 2005 whether notice of appeal contained pure questions of law whether the court may frame its ... |
2 The Native Title Act 1993 (Cth) ('the Act') was substantially amended by the Amending Act, which came into effect on 30 September 1998. Where it is necessary to do so the Act as it stood prior to those amendments will be described as the 'old Act' and the amended Act described as the 'new Act'. 3 The applicants bring... | right to negotiate registration of claims under 'old' and 'new' acts 'old' and 'new' rights to negotiate transitional provisions amendment of application application of new registration test to combined application of old claims by reason of new s 29 notices duty to consider registration test following amendments wheth... |
The joint venture was to operate through an Australian company, Amlaki Australia Pty Ltd, in which Pinnacle held 20 shares and Amlaki FZ held 80 shares. The directors of Amlaki Australia were Mr Balfaqih and Mr Richards, who was also its secretary and Chief Operations Officer. Pinnacle was appointed to provide consulta... | meeting of members lack of quorum procedural irregularity declaration of validity costs oppression majority shareholder agrees to purchase minority interest costs corporations |
The Tribunal affirmed the decision of the delegate of the Minister to refuse to grant the appellant a protection visa. 2 The only issue of substance that arose in the proceedings before the Federal Magistrate was whether the Tribunal was entitled to make a decision on the review on the papers without conducting a heari... | appeal from decision of federal magistrate where tribunal did not conduct a hearing where appellant gave unsworn evidence before federal magistrate that response to hearing invitation form had been returned to the tribunal by his migration agent without appellant's knowledge indicating the appellant did not wish to att... |
2 The appellant on 22 January 2007, filed, in this court, an application for leave to appeal from the decision of Federal Magistrate Wilson and a notice of appeal. The applicants on the motion acknowledge that leave to appeal is not required from the decision of Federal Magistrate Wilson on the footing that the decisio... | consideration of an application for security for costs of an appeal from a decision of a federal magistrate consideration of the principles to be applied consideration of the circumstance that the controversy is one between a citizen and the executive practice and procedure |
In the principal proceedings, Jennings claimed a declaration that it is the owner of the copyright subsisting in a plan lodged by the defendants with the Beaudesert Shire Council in October 2003; an injunction restraining further infringement of its copyright; damages pursuant to s 115 of the Copyright Act 1968 (Cth) (... | consideration of an appeal from the magistrates court of queensland exercising federal jurisdiction in relation to relief arising out of the contended infringement by the respondents of the copyright subsisting in the appellant's house plan consideration of the extent to which objective similarity in the absence of dir... |
Council approval had been granted for an eight-lot subdivision for rural residential use. Prior to the events with which this case is concerned two lots had been sold. The remaining six lots, amounting to 6.828 hectares, needed road building, water supply etc before separate titles could be issued. The land was mortgag... | sale by mortgagee alleged failure to consult with mortgagee sale of subdivided land in one parcel alleged sale at undervalue mortgage |
That Application identifies the Applicants as being Terry Patrick Sharples, First Applicant, and The Fishing Party, as being the Second Applicant. There are a number of Respondents, including the Australian Electoral Commission as the First Respondent and the Australian Fishing & Lifestyle Party as the Second Respo... | federal court rules 1979 (cth) o 80 request by party for referral to legal practitioner referral refused held that order 80 confined to proceedings before the court held that order 80 does not extend to making a referral prior to commencement of proceedings proceedings not properly "commenced" or "carried on" practice ... |
2 The photo boxes are used for storing photographs. They are rectangular wooden boxes with hinged lids. Inside there are a number of bearers from which hang plastic sleeves in which photographs may be stored, as in a filing cabinet. On three sides of the box and on its lid there are windows in which selected photos can... | packaging for photoboxes labels containing photograph and descriptive text whether "drawing" or "compilation" similar get-up of packaging for identical products sold by trade rivals displayed side by side at retail outlets whether misleading and deceptive whether gross profit on equivalent sales lost an appropriate mea... |
2 Helimount Pty Limited (in Liquidation) (Helimount) was wound up in insolvency by order of the Court made on 26 July 2006. As that order was made by the Registrar, it was reviewable. The Registrar's decision was affirmed upon review by Besanko J: Web Wealth Pty Ltd v Helimount Pty Ltd [2006] FCA 1376. Hugh Martin (the... | whether equitable mortgage granted over land where certificates of title deposited with lender where mortgage not registered whether lender acted in a way that surrendered its security mortgages |
The Code reproduced the Companies Act 1981 (Cth). On and from 1 January 1991, the Australian Securities Commission was taken to have registered Mr Gould as a liquidator under the Corporations Law 1989 (the Law): see s 1278 of the Law. Later Mr Gould became registered as a liquidator under s 1280 of the Corporations Act... | appeal from administrative appeals tribunal (aat) on questions of law and application under s 39b of judiciary act 1903 (cth) for relief in respect of aat's decision aat affirmed decision companies auditors and liquidators disciplinary board (board) suspending registration of applicant (g) as a liquidator for three mon... |
Until recently, it held a patent for the compound venlafaxine hydrochloride, which is the active ingredient in an anti-depressant medicine marketed under the name Efexor-XR. Although the compound patent has expired, Wyeth continues to hold a method patent for venlafaxine in relation to the blood plasma concentration of... | preliminary discovery o 15a r 3 of federal court rules application for identity discovery reasonable inquiries made "proceeding" to which o 15a r 3 refers is a proceeding for final relief applicant's prospects of success applicant's case amounted to a "working hypothesis" but only gave rise to a possibility of success ... |
2 At the heart of their dispute is the question of whether the Health Plus trade mark is deceptively similar to the trade mark INNER HEALTH PLUS that was used in Australia before the priority date for registration of the Health Plus mark. 3 The INNER HEALTH PLUS mark is owned by Health World Limited ("Health World") wh... | trade marks rectification proceedings expungement proceedings statute applies as it stood at the time of commencement of proceedings no deceptive similarity between inner health plus and health plus applicant in each proceeding lacked standing as 'a person aggrieved' registered proprietor of health plus mark failed to ... |
The applicant prepare a bill of costs in respect of the motion, notice of which was filed on 4 August 2004, and such bill of costs be taxed by Registrar Bardsley at 10.15 am on 13 February 2006. The first and second respondents pay forthwith the applicant's costs of and incidental to the motion, notice of which was fil... | application to set aside interlocutory orders orders set aside where the party against whom orders made did not personally attend the final stage of hearing of interlocutory application and deposes that unaware that his solicitor would seek leave to withdraw fresh orders for indemnity costs in the amount previously tax... |
A statement of claim was filed on the same day. Both the application and the statement of claim were subsequently amended. On 6 November 2006 I ordered that the applicant's further amended statement of claim be struck out but granted leave to replead on or before 30 November 2006: see [2006] FCA 1441. I expressed some ... | pleadings whether claims properly pleaded further amended statement of claim previously struck out leave granted to replead respondent seeking to strike out second amended statement of claim pleading embarrassing motion successful conduct by employer respondent's decision to provide jetstar with four qantas airbuses, b... |
2 The appellant was granted a Student (Temporary) (Class TU) Sub Class 573 (Higher Education Sector) visa (the visa) on 15 July 2003. The delegate of the first respondent cancelled the visa on 23 March 2005 for breach of Condition 8101 imposed upon the visa, namely that the appellant must not engage in work in Australi... | exercise of discretion under s 116(1) of the migration act 1958 (cth) whether migration review tribunal obliged to comply with migration series instruction 368 migration |
The leases are said to cover phosphate reserves that may allow mining to continue for a further five years. On 27 April 2007 the Minister for Environment and Water Resources (the Minister) made a decision under s 133 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) refusing appr... | judicial review practice and procedure judicial review of ministerial decision statement of claim filed with application whether proceedings should continue on pleadings whether discovery should be ordered relevant to whether minister considered relevant factors in "a real sense" and undertook "active intellectual proc... |
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