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On 20 December 2004 the appellant made a complaint to the Human Rights and Equal Opportunity Commission ('HREOC') in respect of the conduct of several of his former work colleagues, which he alleged amounted to sexual harassment within the meaning of s 28A of the Sex Discrimination Act 1984 (Cth) ('SDA'). The appellant... | alleged unlawful discrimination in workplace vicarious liability of employer effect of s 106 of the sex discrimination act 1984 (cth) application for leave to file application out of time principles to be applied prejudice whether prejudice relating to events occurring before the commencement of time to file applicatio... |
The proceedings arose out of a dispute between Traxon and Emerson connected with the performance of a Confidentiality Agreement and a Distributorship Agreement relating to the marketing and sale, in the USA, of oil level control devices manufactured by Traxon. Traxon's causes of action against Emerson were for misleadi... | service of originating process out of jurisdiction causes of action in misleading and deceptive conduct in australia breach in the united states of contract made in australia breach of fiduciary duty conduct constituting breach of fiduciary duty allegedly occurred in the united states claim for breach of fiduciary duty... |
2 The waiver of legal professional privilege was said to be implied and to flow from a reference to the Advice in an affidavit sworn by the Vice Chancellor of the University, Professor Alan Robson, on 2 March 2007. The affidavit was filed in these proceedings. The relevant parts of the affidavit referring to the Advice... | waiver whether knowing and voluntary disclosure of advice whether conduct inconsistent with maintenance of confidentiality and privilege answers by witness for applicant in cross examination stated reliance upon legal advice in the forming of belief as to factual matters underpinning decision to commence proceeding bel... |
It is incorporated in California in the United States of America and is the second largest wine-producing company in the world. It distributes its alcoholic beverages in over 90 countries and its international business is managed from offices located around the world, including California, Canada, England, Florida, Ger... | substantial identity deceptive similarity goods of the same description non-use obstacle to use discretion not to remove trade mark even though non-use use " in good faith " no special facts or circumstances evidence of internet search trade marks |
The Tribunal had affirmed a decision of a delegate of the first respondent that the appellant was not entitled to a protection visa. 2 The Tribunal found that the appellant did not have a well-founded fear of persecution if returned to India in the reasonably foreseeable future. The Tribunal's reasons did not lack logi... | appeal from federal magistrate no question of principle appeal dismissed migration |
I considered submissions at that time but it did not then prove possible immediately to give judgment and I reserved that question until today. These reasons must be read in conjunction with the orders that I made in default on 30 November 2009. For convenience, I shall annex a copy of the orders which I made that day ... | unsolicited sms messages (spam) use of fake dating profiles contraventions established considerations applicable to imposition of pecuniary penalties communications law |
The motions are brought by the respondent (Veda). The present three relate to events in New South Wales. Three of the others relate to events in Victoria and the remaining three to events in Queensland. 3 All nine are brought by individuals on behalf of themselves and others whose complaints concern information provide... | representative proceedings application to strike out paragraphs of pleading application for summary dismissal three class actions by individuals claiming that credit information provider had supplied to subscribing credit providers misleading and deceptive and defamatory information concerning their credit worthiness c... |
2 Newcrest moved on the affidavit of Mr Ronald Brown sworn on 17 September 2008. A further affidavit, sworn on 26 September 2008 by Mr Christopher Goddard, was also relied on. Apache Northwest Pty Ltd ("Apache") relied on an affidavit of Mr Murray Durham sworn on 26 September 2008 and Santos (BOL) Pty Ltd ("Santos") re... | discovery preliminary discovery whether court lacks jurisdiction whether federal claim colourable or bound to fail practice and procedure |
The Tribunal's decision affirmed a decision of the first respondent's delegate to refuse to grant the applicant a protection visa. 2 These circumstances raise an issue as to the nature of this application. An order dismissing an application for an order nisi is interlocutory: see NAHQ v Minister for Immigration and Mul... | protection visa application for leave to appeal against decision of federal magistrate dismissing application for order nisi whether tribunal erred in assessing seriousness of harm whether tribunal applied wrong test under s 91r(1)(a) of migration act 1958 (cth) in relation to essential and significant reason whether t... |
Kart racing is a specialised motor sport and has its own licensing regime. There are two types of kart racing --- sprint and endurance. Sprint kart racing is predominantly conducted by karts with two stroke engines and endurance races are conducted by karts with four stroke engines. Kart racing is generally conducted o... | incorporated association of kart racing clubs ('aka') and individual kart racing clubs admitted to arriving at understanding to set minimum hire fee for kart circuits managed by the clubs respondents admit that the understanding contravened ss 45(2)(a)(i) and 45(2)(a)(ii) of the competition code of new south wales resp... |
In that judgment the Court found that the respondent Union contravened s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) ("the Act"). This judgment deals with the question of the penalty, if any, which should be imposed on the Union for that contravention. These reasons should be read together w... | penalty hearing contravention of s 38 of the building industry improvement act 2005 (cth) relevant considerations in determining appropriate penalty penalty determined industrial relations |
In referring to the applicant, I refer to Mr Cox. The proceeding purports to be also brought on behalf of an applicant called 'Christian Churches of God' but I am not yet satisfied that any such body with legal personality capable of suing in Australia exists. 2 The requests pursuant to O 8 r 9 are out of order as no l... | leave to serve outside the jurisdiction no prima facie case made out leave refused practice and procedure |
The proceeding has been brought against the background of other litigation in the Court between the first respondent, Mr Craig Jephcott, as applicant, and Webcot, Andrew James Webb and Australian Pharmaceutical Partners Pty Ltd ( APP ), as respondents. In that proceeding ( the Oppression Proceeding ), Mr Jephcott seeks... | preliminary discovery whether applicant has reasonable cause to believe that it has or may have the right to obtain relief whether applicant has taken all reasonable steps to acquire sufficient information to enable it to make a decision discovery |
One condition is that the claims of the represented group "give rise to a substantial common issue of law or fact": Federal Court of Australia Act 1976 (Cth), s 33C(1)(c). This application questions the possibility of satisfying the commonality requirement in what is essentially a misrepresentation case. 2 The action i... | representative proceeding whether proceeding satisfies s 33c(1) of the federal court of australia act 1976 (cth) meaning of common question of law or fact practice and procedure |
Leo Akiba representing the Top Western Islands. Tabitiai Joseph representing the Western Islands. George Mye representing the Eastern Islands. Father Napoleon Warria representing the Central Islands. The Torres Strait Island communities, on whose behalf the application is brought, comprise the native title claim group ... | parties joinder local government body torres regional sea claim local government area covering intertidal zones joinder based on 'interests' of shire council in relation to exercise of its powers and operational activities no evidence of infrastructure or activities within the claim area application for joinder two and... |
2 A party is in default under O 35A r 2(1)(a); (f) if, inter alia , it fails to prosecute the proceeding with due diligence. 3 The first to eighth respondents filed a Notice of Motion on 14 November 2008, which was served on the applicants on 17 November. The Notice of Motion of the ninth respondent (Baldwin Shelston) ... | application to dismiss proceedings o 35a r 3(1)(a) of the federal court rules applicant in default failure to prosecute with due diligence failure to comply with order of this court failure to provide security for costs failure to frame intelligible case application dismissed with costs intellectual property |
The applicants also sought a declaration that the second respondent, who was a surety approved by the registrar under s 155 , contravened the condition of its bond and an order that the second respondent pay the amount of the bond as surety. 2 There was no serious dispute that the first respondent, who had been convict... | indemnity basis whether successful party not entitled to costs in respect of those issues on which the party failed whether circumstances justified awarding indemnity costs effect of calderbank letter costs |
The applicant is a citizen of the Peoples Republic of China. He arrived in Australia on 1 June 2004 and on 24 June 2004 lodged an application for protection (Class XA) visa under the Migration Act 1958 (Cth) (the Act). On 10 August 2004 a delegate of the Minister for Immigration and Citizenship (the Minister) refused t... | application for leave to appeal from orders made by the federal magistrates court where the refugee review tribunal has regard to any record of the proceedings of the review made by the tribunal as previously constituted under s 422(2) migration |
The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs made on 19 August 2003 to refuse the grant of a protection visa to the appellant. Before the Tribunal the appellant claimed to have a well-founded fear of persecution because of his activism with ... | whether breach established of s 424, 424a(1) and s 422b of migration act 1958 (cth) whether tribunal failed to take into account relevant considerations whether tribunal's findings were not open on evidence migration |
Between 1989 and 2007 she released eleven albums in Australia and has sold her albums both in Australia and in other countries. At various times in her career she has performed as a soloist with very well-known international musicians. Ms Rutter is also a composer. In late 1992, according to her evidence, she composed ... | copyright musical work licence granted for limited period reproduction of a substantial part of the work outside the licence period. copyright infringement damages for flagrant infringement. copyright limitation period. interest awarded on compensatory damages rates of interest practice of the court interest rates appl... |
These reasons for judgment use the terms employed in, and are to be read together with, the first judgment. 2 The contempts committed by Siminton fall into two categories. The first category consisted of Siminton dealing with, and giving instructions in relation to, the disposition of moneys in certain bank accounts in... | whether imprisonment is an appropriate penalty for a deliberate defiance of interim orders made by the court contempt |
2 On 24 June 2004, the AFP executed the Birchgrove warrant at Mr Oke's home in Birchgrove. In the course of the execution of the Birchgrove warrant, the AFP uplifted certain documents and items which were thought to fall within the terms of the search warrant, including Mr Oke's laptop computer. In essence, the proceed... | powers of search and seizure crimes act 1914 (cth) s 3e search warrant copy of search warrant made available to occupier pursuant to s 3h(1) incomplete whether execution of warrant unlawful because the copy provided to the occupier did not contain the name of the issuing officer and the time at which the warrant expire... |
I shall use the names and descriptions contained in the earlier judgment. 2 Peter Jackson submits that it has succeeded in establishing a contravention of s 52 of the Trade Practices Act 1974 (Cth) and that there are no special circumstances which would affect the application of the general rule that a successful party... | several breaches of trade practices act 1974 s 52 alleged only one breach established declaration of contravention but no damages or injunction awarded costs |
The parties to the appeal are potential beneficiaries from the fund. Rebecca Webb is the only child of the late Christopher Webb. Jill Teeling claimed to be Christopher's de facto wife and dependant. Audrey Duckworth and Richard Webb are the executors of the estate of the late Olive Webb, Christopher's mother. They too... | payment of a death benefit in superannuation fund complaint to superannuation complaints tribunal whether trustee's decision fair and reasonable relevant considerations in determining whether decision fair and reasonable scope of complaint scope of tribunal's powers. superannuation |
2 This notice of motion was heard by me this morning, pursuant to an order of Greenwood J of 25 June 2008, wherein his Honour ordered that any application for an order for service upon the first respondent by way of notice of motion be filed by 18 July 2008, and made returnable on 21 July 2008 at 9.30 am. 3 There was n... | application to serve originating process on party outside jurisdiction practice and procedure |
His Honour refused an application for an extension of time to apply pursuant to s 75(v) of the Constitution for an order to show cause why a decision of a delegate of the Chief of Army made on 3 November 2004 should not be quashed and, for consequential orders. That decision was that Mr Ferdinand's employment as a memb... | application for leave to appeal from decision of federal court judge whether leave required whether decision to refuse application for extension of time to apply to show cause was interlocutory or final practice and procedure |
There is no issue that the learned magistrate who made the determination subsequently complied with the requirements of paras (a) --- (c) inclusive of subs 19(9). Subsection 21(1) relevantly provides that within 15 days of the magistrate's determination of eligibility under subs 19(9) of the Act, a person may apply to ... | eligibility for surrender dual criminality obtaining money or any financial advantage by deception whether the conduct or the equivalent conduct of fraudulently acquiring commission payments and other pecuniary profits from mobile phone service providers in the federal republic of germany would be a criminal offence wi... |
The proceedings before Sackville J were commenced by application and statement of claim filed on 15 February 2006 (each amended 16 February 2006). 2 According to the amended statement of claim the first six applicants are corporations incorporated under the laws of the State of Delaware in the United States of America ... | breach of orders re sale of dvds copyright sale of dvds contrary to order failure to deliver up on oath breaches found proved aggravating circumstances not proved. fines imposed opportunity to purge contempt fines permitted to be paid by instalment imprisonment in default of payment. whether indemnity costs should be a... |
Each gives rise to some nice points but, in the end, I am clear as to the course that should be taken. 2 As regards interest, TS&B Retail, the successful applicant, seeks interest on damages in the amount of $200,000 for which judgment will be given. A successful plaintiff is entitled to interest on a judgment debt... | solicitor and client costs whether warranted bullock order sanderson order when applicable interest on judgment rate to be applied when state penalty interest rate to be applied period of interest relevance of delay costs practice & procedure |
On 17 April 1998 the appellant applied for a Family (Residence) (Class AO), subclass 806, on the basis that she was a "special need relative" of her father, the nominator. 2 "Special need relative" was then defined in reg 1.03 of the Migration Regulations 1994 (Cth) (the "Regulations"). The criteria for the grant of th... | special need relative reference to events after the date of application whether assistance reasonably available from the nominator's perspective migration |
These are the reasons for those orders. As the hearing of the case has commenced it is best that I deliver these reasons promptly, even if this means that they are somewhat abbreviated. They all came into existence for the dominant purpose of providing legal advice or in connection with current or anticipated legal pro... | legal professional privilege discovery governed by common law original statements, records of interview and investigators' notebooks material came into existence for purpose of an investigation and for preparation of brief for internal and later external lawyers where more than one purpose it is not necessary that eith... |
2 On 23 October 2003, I made orders establishing an elaborate protocol for discovery of documents by the many parties to the proceedings. The orders provide for the exchange of electronic indexes and images of discovered documents. The orders clearly contemplate that the parties may 'redact' those portions of 'partiall... | whether inconsistently masked documents should be unmasked practice and procedure |
That all parties to these proceedings have leave of the Court to make use of the documents filed, served and/or produced in these proceedings that are referred to in the schedule hereto for any purpose connected with proceedings intended to be commenced in this Honourable Court by the first respondent for the winding u... | implied undertaking in relation to documents produced in proceedings where respondents sought to use documents against applicant company in proposed winding up application whether release from undertaking appropriate whether special circumstances whether winding up application an abuse of process. contempt of court |
On 15 June last I made orders extending the convening period for the meeting of creditors required to be held under s 439A of the Act to midnight on 23 July 2007. I reserved consideration of any application to further extend that period indicating that, if a case were made out, I would exercise the power provided for b... | second extension of convening period for second meeting of creditors of company in administration interrelation with administration of other companies in corporate group role of trustee for unsecured noteholders corporations |
The proceedings concern an agreement between the applicant (Horizon) and the first respondent (GlobeCast) for the transmission, via satellite, of television content provided by the applicant. The dispute between the parties involves the interpretation and scope of the transmission agreement, the quality of the transmis... | security for costs discretion to order security for costs transfer of applicant's assets impecuniosity security for costs ordered procedure |
On 13 January 2006 she was injured whilst performing her delivery duties on a motorcycle. A claim was made and ultimately resolved by a decision of the Administrative Appeals Tribunal on 21 April 2009: Hughes v Australian Postal Corporation [2009] AATA 260. The Tribunal concluded that Ms Hughes continued to suffer from... | adequacy of reasons a reference to the evidence or other materials no evidence inquisitorial procedure duty to assist the administrative appeals tribunal the injury for which compensation was claimed nature of injury evidence in support administrative law compensation |
The Tribunal had affirmed a decision of the delegate of the then Minister for Immigration and Multicultural Affairs under the Migration Act 1958 (Cth) ('the Act') to refuse to grant a protection visa to the appellant. On 20 March 2006 the appellant lodged an application for a Protection (Class XA) visa with the then De... | appeal from decision of the federal magistrates court application for a protection visa whether jurisdictional error no point of principle. migration |
The application before Smith FM sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 11 April 2008. The Tribunal decision affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection (Class XA) visa ('the pro... | considerations applicable to the court's determination whether to dispense with compliance with the time requirements in o 52 r 5(2) of the federal court rules (cth). practice and procedure |
The assessments resulted from an audit of the affairs of the appellant. The issues on the appeal concern the ascertainment of gross sales and the deduction of purchases in connection with a retail business carried on by the appellant. 2 Under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) an appeal lies ... | assessments following audit of business difference of approximately $217,000 between sales invoices and bank deposits said to be gifts and loans of capital from father of appellant only approximately $45,000 of such contributions recorded not all sales banked figure for purchases said to exceed figure in amended assess... |
Reasons for decision were given orally by the Tribunal on 7 November 2007 and subsequently written reasons were provided on 4 December 2007. As originally filed, the Respondent to the proceeding was the Tribunal member. 2 Before the Tribunal the Applicant had sought to review a decision refusing to grant " exceptional ... | application for extension of time application refused explanation for delay no prospects of success administrative appeals tribunal |
On 20 March 2003 he lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958 (Cth) ('the Act'). On 27 May 2005, a delegate of the Minster for Immigration and Multicultural Affairs refused to grant the appellant a prot... | application for protection visa applicant claimed to be a tamil muslim jurisdictional error relevant consideration an integer of the applicant's claim a finding of credibility is a finding of fact migration |
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 ... |
The licence permits them to use the premises at 34-38 Pipe Road, Laverton North, for purposes of warehousing goods. Between October 2005 and November 2005 quantities of Affair cigarettes owned by Eastern Enterprises Pty Ltd were placed into storage at the warehouse. The cigarettes had been imported into Australia in Fe... | customs duties when obligation incurred obligation incurred on importation not entry for home consumption whether lack of market value is relevant to whether goods are "dutiable goods" whether section 35a duty to keep safe is applicable to warehouse licensees whether a collector must be satisfied by an accounting for l... |
Under s 36(2) of the Act the criterion for a protection visa is that the applicant for the visa is (relevantly) a non-citizen in Australia to whom the Minister is satisfied Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol (meaning, in accordance with s 5(1) , the 19... | application for a protection visa whether wife's evidence to tribunal constituted "information" within the meaning of s 424a whether wife's evidence relevant only to credibility of husband's claims whether tribunal complied with s 424a. migration |
They represent a native title claim. The applicants then were Matthew John Munro and Suzanne Blacklock. They brought the claim on behalf of the "Ncoorilma Tribe", which they described also as the "Ncoorilma Munros". The land in respect of which a determination was sought that native title existed was land surrounding I... | native title claim self-executing orders made which came into effect upon non-compliance with orders no application for further extension of time in which to comply applicants in consistent and ongoing default prejudice to respondents if proceedings reinstated no prejudice to applicants if proceedings remain dismissed.... |
Within seven (7) days, the Respondent/Cross-Applicant do one of the following in respect of each document contained in the Schedule to this notice of motion ('documents'): (a) the Respondent/Cross-Applicant either: (i) deliver a copy of the document to the solicitors for the Applicant/Cross-Respondent; or (ii) produce ... | discovery whether further discovery should be required whether grounds for a belief that documentation exists whether legal professional privilege waived by limited disclosure whether confidentiality orders made by consent should be varied whether blanket claims for privilege have been made whether parts of discovered ... |
The appellant arrived in Australia on 22 July 2004 and made an application for a protection visa on 27 July 2004. The appellant claimed that he had well-founded fear of persecution as a practitioner of Falun Gong. His claims included that he promoted Falun Gong to his employees, friends and relatives, that he became th... | judicial review allegation of bias alleged failure to comply with s 424a of the migration act 1958 (cth) no error of law migration |
I have decided that the relief claim should be granted and I will give reasons immediately, although that will mean that they will be somewhat abbreviated. The application arises out of a failure to comply with a time limit referred to in s 708A(6)(a) and s 1012DA(6)(a) of the Act in relation to a placement of stapled ... | failure to comply with time limit in relation to placement of stapled securities failure to comply with time limit was inadvertent unlikely to be any substantial injustice to any party in dispensing with the time limit applied proviso that any party who later claims to have suffered a substantial injustice by reason of... |
In that case his Honour dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) dated 29 January 2008. The Tribunal had affirmed a decision of a delegate of the Minister dated 16 October 2008 wherein the delegate refused the grant of a protection (class XA) visa to the appellant ... | application for a protection (class xa) visa migration |
Put shortly, I found that the Statement of Claim was, first, offensive, embarrassing and disclosed no reasonable cause of action and, second, the causes of action relied upon were in any event doomed to failure because they sought to impeach a consent order of a superior court of record without first having that order ... | action summarily dismissed unreasonable to have subjected the respondents to the expenditure of costs costs |
First, in August and September 2002, the First, Third and Fourth Respondents terminated the employment of 12 individuals employed at the South Grafton Abattoir for a prohibited reason or reasons that included a prohibited reason. Secondly, that each of the four respondents between mid September 2002 and December 2002 t... | consideration of the assessment of compensation pursuant to s 298u of the workplace relations act 1996 (cth) in respect of contraventions of s 298k consideration of the assessment of a penalty pursuant to s 298u consideration of whether a penalty so ordered ought to be paid to the individuals affected by the conduct co... |
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 ... |
The applicant, TS & B Retail Systems Pty Ltd (TS&B Retail), alleges that the corporate respondent, 3Fold Resources Pty Ltd (3Fold), copied 234 manufacturing drawings and 5 tables of data in which TS&B Retail holds copyright. TS&B Retail says 3Fold used the drawings and data to manufacture, supply and in... | whether property whether assignable protection of confidentiality in hands of transferee whether contract rescinded or varied by subsequent contract intention of parties ownership whether works authored by employee or contractor amendments by copyright owner whether amendments create new copyright reproduction whether ... |
The requests were refused in each case pursuant to s 24A of the FOI Act because each relevant body was satisfied that all reasonable steps had been taken to find the documents and that they did not exist. 2 The government agencies or bodies named in the AAT proceedings, the fifth to tenth respondents in these proceedin... | review of decision of administrative appeals tribunal ("aat") application for confidentiality orders whether failure to take into account relevant considerations whether wednesbury unreasonable principle of open justice public interest real issues in substantive proceeding no error in aat decision jurisdiction whether ... |
The patent application was filed on 6 July 2001. I found the proposed amendments allowable under s 102 of the Patents Act 1990 ('the Act') but, in the exercise of the discretion afforded by s 105 of the Act, declined to allow the amendments ( Apotex Pty Ltd v Les Laboratoires Servier (No 2) [2009] FCA 1019). I indicate... | application to amend patent dismissed amendments allowable under s 102 of the patents act 1990 (cth) amendments refused by exercise of discretion under s 105 of the patents act 1990 (cth) whether costs should be discounted in favour of party seeking amendment costs |
2 The appellant, a citizen of Bangladesh, arrived in Australia on 7 November 2003, and on 18 December 2003 made application to the then Department of Immigration and Multicultural and Indigenous Affairs for a protection visa. That application was refused on 18 February 2004. On or about 15 March 2004, the appellant mad... | no special or particular principle arising abuse of process of the appellate procedure migration |
The Warning Label, the subject of that application appears on the physical exhibit of the 'Wavestar' and is replicated in the physical exhibit on the DMC product. The allegedly infringing products ('the DMC products'), are described by DMC in its packaging as an 'inflatable wave rider'. 2 These proceedings were commenc... | interlocutory injunction whether arguable case raised by the applicant whether balance of convenience favours the granting of an injunction whether damages an adequate remedy in the circumstances injunction granted whether infringement of a registered design test for fraudulent imitation whether copy of product protect... |
2 The originating process, filed on 13 March 2006, seeks orders convening a meeting of members to consider a members Scheme of Arrangement. The scheme involved is an acquisition of transfer scheme which utilises Part 5.1 of the Corporations Act 2001 (Cth) ("the Act "). The proposal is that the scheme shareholders share... | scheme of arrangement first court hearing orders made to convene meeting of members corporations |
The applicant is a company incorporated in Finland. It manufactures, distributes and sells mobile phones, and mobile phone accessories. 458364 for NOKIA in class 9; (b) Australian Registered Trade Mark No. 490781 for NOKIA AND DEVICE in class 9; (c) Australian Registered Trade Mark No. 808735 for NOKIA in class 16; (d)... | infringement of trade mark respondent imported mobile phones bearing 'nokia' trade mark whether damages available where mobile phones imported but seized by customs before reaching market whether damages available where no evidence of monetary loss suffered by infringing conduct. infringement of trade mark whether dama... |
On the same day I made orders in matter VID 188 of 2006 that the respondent make discovery of documents comparable to those listed in [2(a), (b), (d), (e) and (f)]. Pursuant to the orders in [2], the respondent made discovery by filing a list of documents in which he said: he has in his possession the documents enumera... | discovery inspection asio adverse security assessments public interest immunity affidavit of asio director-general partially redacted copy provided to applicants whether applicants' counsel entitled to unredacted copy upon giving appropriate undertakings class claim to "final appreciation documents and summaries thereo... |
Part 3 - 90 of the ITAA 1997 was introduced by s 3 and Sch 1 to the New Business Tax System (Consolidation) Act (No 1) 2002 (Cth). 2 It arises by way of an appeal against a private ruling given by the Commissioner of Taxation under Div 359 of Sch 1 to the Taxation Administration Act 1953 (Cth) (the TAA). The private ru... | tax cost setting rules consolidated groups calculation of allocable cost amount of a joining entity consolidated group electing not to apply an accounting standard to financial statements prepared in joining year subsequent adoption of an accounting standard whether deferred liabilities of a joining entity ought to be ... |
I have found that Telstra is in breach of the relevant provisions of the Access Agreement by reason of its conduct and doubt whether, in the exercise of my discretion to grant declaratory relief, anything is to be gained by merely recording conclusions reached in my reasons for judgment. However, I am happy to hear the... | duty of confidentiality 'confidential information' defined in agreement between the parties equitable intervention is not necessary where alleged conduct is common to both the finding of breach of contract and the ground relied upon for equitable intervention. unconscionable conduct as defined by s 51aa of trade practi... |
The persons who sought the registration and consented to become members were Danny Mihailidis and Andrija ('Andro') Glavinic, although Mr Glavinic has little recollection of his participation. The replaceable rules referred to in Part 2B.4 and s 135 of the Act were expressly excluded by the applicant's Constitution and... | fiduciary duties owed by a director of a trustee company developing land on behalf of a syndicate of builders who formed a joint venture to do so whether duties breached when the joint venture deed precluded the acquisition of further land without the unanimous approval of all members of the joint venture and, in the a... |
2 The applicant for relief applied for a Protection (Class XA) Visa on 12 March 2005. On 13 April 2005 a delegate of the Minister refused the application and on 14 April 2005 the applicant applied to the Tribunal for a review of that decision. The Tribunal conducted a review and on 5 October 2005 decided to affirm the ... | application for prerogative relief where applicant is iranian citizen seeking protection visa where tribunal affirmed minister's decision not to grant protection visa whether tribunal addressed applicant's claim that iranian government mistakenly thought him to be of a particular faith whether tribunal addressed applic... |
2 It is necessary to set out some of the circumstances to explain the background of this application. 3 Mr Legge was made bankrupt on 22 March 2004 on a petition which was brought by Mackinlays, a firm of solicitors. The petition was founded upon a default judgment of the Perth Local Court which Mackinlays obtained aga... | whether person should be permitted to become a party to an appeal after orders made in the appeal practice and procedure |
He was 13 years old. He died from the effects of anaphylactic shock after taking a mouthful of food containing peanut. The food was supplied to him by the staff of Scotch College then acting as officers of the Scotch College Cadet Unit. The food containing peanut was supplied to him despite his parents having advised t... | occupational health and safety breach of duty of employer to take all reasonably practicable steps to protect the health and safety of employees camp for cadets organised by scotch college cadet unit death of cadet with peanut allergy due to consumption of food with peanuts systemic failure to ensure appropriate use of... |
This application for review raises an important question as to the proper interpretation of ' the applicant ' in s 61(2) of the Act, which interpretation has ramifications for the function of the Act in the determination of native title in relation to an area. 6 The question is whether ' the applicant ' means all of th... | application applicant registration of application authorisation of a number of persons to act as an applicant whether native title registrar correct in deciding not to accept amended application for registration effect of resolutions passed at authorisation meeting withdrawal of members of the applicant after authorisa... |
The dam incorporates an upstream fishway, an associated fish hopper and a downstream fishway. 2 The Respondent, Burnett Water Pty Ltd ("Burnett Water") constructed, operates and owns the Paradise Dam. Burnett Water is a wholly owned subsidiary of SunWater Limited. The dam became operational in or about November 2005. I... | high court and federal court procedure staying proceedings application for stay of proceedings where criminal or civil penalty proceedings against the respondent a contingency but not a real possibility whether civil proceedings should be stayed temporarily temporary stay refused practice and procedure |
The act of bankruptcy alleged in the petition is the failure of the respondent to comply with a bankruptcy notice issued on 9 October 2007. The notice was served in respect of a final order for costs made on 20 April 2007 in contempt proceedings in the Supreme Court of Victoria. The judge made an order that the applica... | bankruptcy notice founded on final order supreme court taxing master's order whether final order bankruptcy |
The right of appeal is limited to an appeal on a question of law: Administrative Appeals Tribunal Act 1975 (Cth) s 44. 2 The applicant was overpaid a parenting payment under the Social Security Act 1991 (Cth) ('the Act'). Before the Tribunal there was no dispute that there had been an overpayment and the amount of over... | appeal from decision of administrative appeals tribunal where applicant overpaid parenting payment under social security act 1991 (cth) where tribunal member found no special circumstances arose and rejected claim for waiver of debt whether tribunal member applied correct legal test meaning of 'special circumstances' w... |
The applicant receives a pension pursuant to the Act. That entitlement will continue unless s 24A operates to terminate it. Where a veteran would be entitled to the special rate pursuant to s 24 , save for the fact that his or her incapacity is not shown to be permanent, the special rate will be payable pursuant to s 2... | pension, meaning of permanently incapacitated, meaning of temporarily incapacitated, meaning of foreseeable future, where tribunal preferred evidence of one expert to that of another, whether tribunal misunderstood the question posed. veterans affairs |
The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to cancel the appellant's Preferential Relative (Migrant) (Class AY) (Subclass 104 (Preferential Family)) visa under s 109(1) of the Migration Act 1958 (Cth) (the Act) because of a breach by the appellant of s 101 of the ... | where notice of intention to consider cancellation sent pursuant to s 107 whether a notice issued under s 107 must assert that the delegate or minister considers the visa holder has not complied whether the delegate had concluded the appellant did not comply with the requirements of the act before sending a notice purs... |
Approval is required under that subsection because the agreements may continue for a period well in excess of three months. The company is a member of the Allco Group of companies. It is one of many companies in that corporate group that have entered into liquidation in recent times. There are two agreements which are ... | application for an order under s 477(2b) of the corporations act 2001 (cth) for approval of entry into power of attorney and deed by company's liquidators good faith and proper purpose survival of power of attorney following deregistration of company application granted. corporations |
For the purposes of this application, I shall refer to the respondents to the substantive action as 'the respondents' notwithstanding that they are the applicants in this notice of motion. Similarly, I shall refer to the applicants to the substantive action as 'the applicants'. 3 This application for security for costs... | whether respondents are entitled to an order for security for costs guidelines which courts typically take into account in determining such applications whether court satisfied that order for security is a proper exercise of discretion security previously ordered up to the first day of the trial whether circumstances h... |
The respondent contends, by notice of motion, that the appeal is incompetent on the basis that the orders from which the appeal is brought are interlocutory in nature, and as a result, the appeal is incompetent in the absence of a grant of leave by the Court: s 24(1A) of the Federal Court of Australia Act 1976 (Cth). 2... | appeal from order of federal magistrates court whether such order was interlocutory in nature whether appeal competent practice and procedure |
The Tribunal had affirmed a decision of a delegate of the extant Minister for Immigration and Ethnic Affairs ('the Minister') to refuse to grant a protection visa to the appellant. 2 The appellant, a citizen of the Ukraine, claimed to have a well-founded fear of persecution because of his political opinion. In his init... | obligation of a reconstituted tribunal to issue a second invitation to hearing to an applicant when a hearing has already been held. migration |
I decided that it was premature to determine an application under s 564 of the Corporations Act 2001 (Cth) (the Act) for an order that the second defendant (DCT), an unsecured creditor of Hardy Bros (Earthmoving) Pty Limited (in liq) (the Company), should be given an advantage over other unsecured creditors in the liqu... | winding up application under s 477(2b) of corporations act 2001 (cth) for approval nunc pro tunc of agreement between liquidator and creditor for funding of litigation to recover for benefit of unsecured creditors considerations relevant to exercise discretion application under s 564 of act for order that funding credi... |
Exactech Inc, through its Australian distributor, Orthotech Pty Limited, has recently introduced into the Australian market a prosthetic knee called the Optetrak RBK. 2 Global claims that the distribution, promotion and marketing of the Optetrak RBK in Australia by Orthotech and Exactech constitute misleading and decep... | ss 52 , 53 (a), 53 (c), 53 (d) trade practices act 1974 (cth) |
By decision dated 20 th May 2008 the Respondent determined to cancel the Applicant's Carer Payment from 7 th May 2008, and to raise a debt of $91,396.50 in relation to the Applicant's previously paid Carer Payment, Austudy and Newstart Allowance payments. All such payments were made under, and in accordance with, provi... | social security law decision to cancel applicant's payments and raise a debt following non-compliance with s 63 notice to provide information some further information provided at administrative appeal tribunal hearing tribunal still not satisfied that all s 63 information sought provided further decision to suspend pay... |
On 30 June 2003 the appellant lodged an application for a protection visa with the Department of Immigration Multicultural and Indigenous Affairs on the grounds that she feared persecution because she was a Falun Gong practitioner. A delegate of the first respondent refused the application for a protection visa. The ap... | judicial review allegation of apprehended bias by the refugee review tribunal applicant tried to tender the tape recording of hearing before the tribunal federal magistrate refused to admit tape recording into evidence migration |
They have been heard together. Two separate proceedings are involved, although the parties in each proceeding are the same. Bradken Resources Pty Limited ( Bradken ) is the applicant in both and Lynx Engineering Consultants Pty Limited ( Lynx ) is the respondent in both. Both proceedings are concerned with Australian P... | patents unjustified threats ss 128 and 129 of the patents act 1990 (cth) assuming the threat was made and that the defence under s 129(b) is not established, whether the court has a discretion to decline to grant relief sought by an applicant meaning of the word "may" in the context of s 129 whether certain matters are... |
He applies pursuant to s 39B of the Judiciary Act 1903 (Cth) against the Commissioner in his capacity as an officer of the Commonwealth concerning matters arising under the law made by the Parliament under the Income Tax Assessment Act 1936 (Cth) (the ITA). He also applies under s 5(1)(e) of the Administrative Decision... | garnishee notice issued on taxpayer's bank under s 260-5 taxation administration act declaration sought that notice invalid principles governing exercise of discretion recovery of taxation liabilities assessments subject to appeal ato receivables policy alleged exercise of power for an improper purpose whether failure ... |
Four of the grounds of appeal are the same as the grounds of the application before the Federal Magistrates Court. Two grounds are new. In his oral submissions in support of the appeal (insofar as relevant), the appellant said that he had not attended the hearing before the Tribunal as he did not speak English well and... | whether failure by federal magistrates court to consider appellant's alleged risk of persecution whether tribunal fell into error in failing to obtain independent country information whether tribunal failed to consider whether appellant satisfied the definition of "refugee" whether tribunal fell into error in determini... |
The applicant also asks the Court to make a finding that the respondent had breached the award by failing to pay employee apprentices in South Australia the fares and travel patterns allowance (cl 38) in respect of each day when those apprentices attended trade school. The applicant also seeks the imposition of a penal... | interpretation of award national building and construction industry award 2000 where award applies to apprentices in south australia where award makes provision for payment of travel patterns allowance in relation to travel to work where apprentices covered by award participated in training whether travel patterns allo... |
The potential source of that apprehension is the circumstance in which the trial judge decided, of his own motion, during the case of the fifth respondent, Mr Fuchun Xiao ('Mr Xiao'), to admit three paragraphs from an affidavit of a witness not called by the first respondent, the University of New South Wales ('the Uni... | procedural fairness the power of a judge to tender evidence at general law apprehension of bias whether the evidence tendered by the judge could possibly have made any difference to the outcome of the case unrepresented litigant waiver administrative law |
This is an application under s 134(4) of the Bankruptcy Act 1966 (Cth) ("Bankruptcy Act") for a direction as to whether, in realising the interest of the bankrupt in the estate of his late uncle, David Simon Julian De Marnay-Houston ("the deceased") who died leaving a will dated 13 April 1991 ("the will"), the applican... | application for a direction under s 134(4) of the bankruptcy act 1966 (cth) the bankrupt being one of the beneficiaries under a will before recent discharge from bankruptcy whether bankrupt's trustees may join in co-beneficiaries in receiving in specie distribution of shares under the will not unfair or unconscionable ... |
The proceeding came before Sundberg J on 15 December 2005, when his Honour made a number of orders that were sought, and made, without notice to the respondent. Among those orders was an order that the applicant apply again today to the duty judge for interlocutory orders. In the meantime, notice of the proceeding has ... | interlocutory orders whether serious question to be tried that respondent carrying on banking business, or using words 'bank', banker' or 'banking' in relation to a financial business whether balance of convenience favours grant of injunction evidence of attempted flouting of previous order whether assets should be fro... |
For convenience the respondents will be referred to hereafter as 'the Moskalevs'. 2 On 30 June 2006 Driver FM dismissed an application made under s 46PO of the Human Rights and Equal Opportunity Act 1986 (Cth) ('the HREOC Act') which claimed discrimination by the Department in the provision of accommodation to the Mosk... | jurisdiction of federal magistrates court of australia extent of jurisdiction to make orders under s 46po(4) of the human rights and equal opportunity commission act 1986 (cth) associated jurisdiction. administrative law |
2 Chick Vic was incorporated on 7 April 1987. From 1 February 1992, its directors were Alan Chick and the first defendant, David Jenkins. 3 On 30 April 1999, Mr Chick, Mr Jenkins, their wives and certain related companies entered into a "Business Dissolution Deed" (the Deed). By the Deed, the Chicks and their related c... | director's duty to prevent insolvent trading by company submission of no case to answer that company insolvent whether company insolvent relevance of company's accounts submission of no case to answer whether rules of court preclude a party who has tendered a document from making no case submission whether party making... |
As a result the Union applied to the Court to approve a scheme which would enable the Branch to function effectively. On 4 August 2009, such a scheme was approved by the Court: see Health Services Union, in the matter of the Health Services Union [2009] FCA 829. Under the scheme, the National Executive of Union declare... | application for an inquiry under s 200 of the fair work (registered organisations) act 2009 (cth) whether reasonable grounds exist for such an application whether any irregularities have occurred in the conduct of an election for offices in theunion whether the union had allowed the property or resources of the union t... |
Mr Carey was a witness for Lanepoint at the trial of this action. It is unsatisfactory in the extreme that this motion has been brought at this juncture. Indeed, it was filed a few days before the date fixed for delivery of the judgment. There is a strong public interest together with legitimate private interests that ... | application for trial judge to disqualify himself whether apprehension of bias whether waiver motion for disqualification filed shortly before judgment due to be delivered. courts and judges |
2 Nicholls FM, on 10 December 2007, dismissed an application to review a decision of the Refugee Review Tribunal (the Tribunal), which had been signed on 22 March 2007 and handed down on 23 March 2007, affirming a decision of a delegate of the first respondent to refuse to grant the applicant a protection visa. 3 I ord... | procedural fairness whether letter sent by refugee review tribunal to applicant pursuant to section 424a of the migration act must be sent before hearing whether material relied upon by the tribunal was "information" within s 424a of the act held that there is no temporal element to s 424a such that it must be sent pri... |
The design is in respect of a particular style of mattress. Registration was effected on 2 September 1996 with a priority date of 26 July 1996. Chiropedic sues the respondent, Radburg Pty Ltd, for infringement of its design. Radburg denies infringement and also cross-claims for the cancellation of the registration. One... | validity of registration publication prior to registration publication at trade fair whether official exhibition or officially recognized international exhibition official exhibition international exhibition designs words and phrases |
The Tribunal had earlier affirmed the first respondent Minister's decision to refuse the grant of a protection visa. Leave to appeal is required from this Court because the Federal Magistrate dismissed the application on the ground that it does not raise an arguable case for the relief claimed pursuant to r 44.12(1)(a)... | protection visa leave to appeal application from judgment of federal magistrates court whether decision attended by sufficient doubt to warrant reconsideration whether substantial injustice would result if leave to appeal were refused, supposing the decision to be wrong whether refugee review tribunal failed to accord ... |
They are Indian citizens. They have disclosed that they were previously members of an organisation known as the "Exclusive Brethren", having ceased their involvement with the organisation in 1997. Since then, they have been involved in establishing what they describe as "a pioneering, record-breaking education research... | application for writ of mandamus whether mandamus may be issued against members of the australian federal police whether the court may make orders directing the commonwealth government to apply diplomatic pressure on foreign governments or take certain action in united nations fora whether mandamus may be issued agains... |
Application for leave to the applicant to issue process against the respondent be declined. Mr Mahmoud did not appear in those proceedings, but subsequently as late as 16 May 2006 he made application to the Court for eleven orders, including an annulment of that sequestration order. 5 Mr Mahmoud appeared in person befo... | application for annulment of sequestration order prior litigation in federal magistrates court leave to issue process refused upon basis of no apparent juridical basis bankruptcy |
Both have been filed by Ms George. In the application Ms George seeks leave to appeal from the judgment of a Federal Magistrate of 9 February 2009 and his Honour's Orders 1, 2, 3, 4, 5, 6, 9 and 10 ( Fletcher v George & Ors (No 6) [2009] FMCA 69). (4) This section does not limit any powers that the Federal Magistra... | application for leave to appeal orders of federal magistrate application for stay of orders of federal magistrate pending related proceedings in supreme court question of whether all of applicant's evidence was before federal magistrate prejudice to applicant if leave to appeal and stay of orders not granted prejudice ... |
The appellant has appeared in person this morning, supported by an interpreter, and in the course of making some observations in support of the appeal, the appellant expressed concern that the Tribunal did not seem to appreciate that he had been injured in the course of an industrial workplace accident which I will men... | consideration of an appeal from the federal magistrates court raising the question of whether the refugee review tribunal was entitled to rely upon conflicts in the evidence of the appellant so as to ground an adverse finding of credibility leading to a conclusion that the appellant had not satisfied the tribunal of a ... |
The notice of motion seeks an order that the respondents produce for inspection certain documents listed in the respondents' amended list of documents filed on 16 March 2009, as well as associated orders for costs. The documents which the applicant seeks the respondents produce are all the subject of a claim for legal ... | discovery whether documents attract legal professional privilege issue waiver practice and procedure |
The parties subsequently filed written submissions on costs, the disposition of which now falls for determination. 2 The central issue in this proceeding was whether the Lowes had established that, on account of defects in construction and design, the truck was unfit for the purpose of interstate long-haul transport. I... | principles relevant to an award of costs whether court should depart from the ordinary rule costs |
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