Special Leave Applications to the High Court - 2021 Judgments
16 Dec 2021
: Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited [2021] FCAFC 228
Allsop CJ, Middleton and Derrington JJ
(
159 ACSR 115 ; 402 ALR 387 ; 289 FCR 556
)
CORPORATIONS - question reserved for consideration of the Full Court pursuant to s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether set-off under s 553C(1) of the Corporations Act 2001 (Cth) (Act) available to the defendant against the plaintiff's claim as liquidator for the recovery of an unfair preference under s 588FA of the Act - effect of a preference, nature of the preference action, and consequences of the success of such an action in Australian…
Status of Appeal to High Court -
12 May 2022: HCA - Special leave application granted [2022] HCATrans 88
7 Dec 2021
: AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2021] FCAFC 222
Nicholas, Markovic and Burley JJ
(
156 ACSR 322
)
CONSUMER LAW - appeal from three judgments of this Court - where appellant sought declaration that there is adequate foundation for certain statements in advertisement for analgesic drug - where appellant bound by previous order restraining them from making certain representations - where primary judge made declarations that appellant breached that order - where primary judge dismissed appellant's application to re-open matter after judgment given - whether primary judge…
Status of Appeal to High Court -
7 April 2022: HCA - Special leave application dismissed with costs [2022] HCASL 70
29 Nov 2021
: Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1494
Farrell J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant a Partner Residence (Class BS) visa - where notice of appeal filed before written reasons available - where notice of appeal states an amended notice of appeal will be filed when written reasons available - where appellant did not file…
Status of Appeal to High Court -
16 March 2022: HCA - Special leave application dismissed [2022] HCASL 50
19 Nov 2021
: Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202
Middleton, Perram and Nicholas JJ
(
163 IPR 231 ; 396 ALR 380 ; 286 FCR 572
)
PATENTS - manner of manufacture - electronic gaming machines ('EGMs') - innovation patent for EGMs and methods for providing feature games - application for leave to appeal from decision of primary judge concluding claims were to a manner of manufacture within the meaning of s 18 of Patents Act 1990 (Cth) - patentability of 'computer-implemented inventions' - where primary judge applied a two-stage inquiry for patentability - whether two-stage inquiry correct
Status of Appeal to High Court -
10 March 2022: HCA - Special leave application granted [2022] HCATrans 25
11 Nov 2021
: Gillera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1396
Thomas J
MIGRATION - appeal from the Federal Circuit Court of Australia - where appellant purports that withdrawal of visa application was not valid - Where Federal Circuit Court found that it did not have jurisdiction to determine application and, in any event, found that withdrawal was valid - whether Federal Circuit Court had jurisdiction under the Migration Act 1958 (Cth) to determine application - consideration of whether withdrawal of visa application was a "migration decision" …
Status of Appeal to High Court -
10 March 2022: HCA - Special leave application dismissed with costs [2022] HCASL 37
28 Oct 2021
: EVQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1308
Nicholas J
MIGRATION - refusal of application for protection visa - issue as to whether appellant could relocate to avoid harm that may be inflicted by deceased roommate's family - whether Tribunal was required to consider appellant's religion and ethnicity for the purpose of assessing whether the appellant could be tracked down in any part of India - whether claim that appellant's religion and ethnicity made it easier to track him down was a claim or issue that clearly emerged from…
Status of Appeal to High Court -
10 March 2022 - HCA Special leave application dismissed [2022] HCASL 33
27 Oct 2021
: Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1305
Griffiths J
MIGRATION - decision to cancel appellants' temporary skilled work visas - appeal from Federal Circuit Court dismissing application for judicial review - where appellants' allege primary judge inhibited legal representative from adequately presenting case - where primary judge did not call on respondent's counsel and delivered ex tempore judgment - whether allegation of apprehended bias
Status of Appeal to High Court -
16 March 2022: HCA - Application dismissed with costs [2022] HCASL 60
25 Oct 2021
: Parmar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1294
Sarah C Derrington J
MIGRATION - Judicial review of decision to refuse to grant student visa - whether tribunal denied procedural fairness - whether court did not consider legal and factual errors in the decision of the tribunal - where court invited to engage in merits review
Status of Appeal to High Court -
7 April 2022: HCA - Special leave application dismisses [2022] HCASL 63
25 Oct 2021
: Belconnen Lakeview Pty Ltd v Lloyd [2021] FCAFC 187
Griffiths, Davies and Moshinsky JJ
(
156 ACSR 273
)
CONSUMER LAW - misleading or deceptive conduct - sale of unexpired term of a lease with respect to a residential unit in a development - where the draft contract was prepared on the basis that the supply would be a taxable supply and subject to the margin scheme for the purposes of GST - where, in fact, the developer had obtained a private binding ruling two years earlier that it could bring itself within an exception to the relevant GST provisions such that the supply would …
Status of Appeal to High Court -
12 April 2022: HCA - Special leave application refused with costs [2022] HCATrans 62
19 Oct 2021
: Williams v Minister for Immigration and Border Protection [2021] FCAFC 182
Allsop CJ, White and Rofe JJ
(
288 FCR 624
)
MIGRATION - review of decision under s 501CA of the Migration Act 1958 (Cth) refusing to revoke cancellation decision - where Department failed to provide the appellant with police charge brief in relation to a pending charge despite attempts to obtain brief - where Department refused to grant extension of time to make representations in order that the appellant could obtain the brief - whether denial of procedural fairness - whether Minister obliged to have regard to most…
Status of Appeal to High Court -
16 March 2022: HCA - Special leave application dismissed [2022] HCASL 44
13 Oct 2021
: Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (No 2) [2021] FCAFC 180
Jagot, Lee and Thawley JJ
PRACTICE AND PROCEDURE - parties ordered to confer with a view to agreeing orders giving effect to the Full Court's reasons for judgment or provide competing orders and submissions - parties were not able to agree and provided competing orders and submissions - application to make further submissions in relation to appropriate orders made consequent upon respondents' change of solicitors - application to make further submissions refused - final orders made
Status of Appeal to High Court -
13 May 2022: HCA - Special leave application granted [2022] HCATrans 94
13 Oct 2021
: EAN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1231
Bromwich J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia (FCC) - where FCC dismissed with costs application for judicial review of decision of Administrative Appeals Tribunal (AAT) - where AAT affirmed decision of the first respondent's delegate to refuse to grant the appellant a Protection visa - appellant sought leave to rely on ground not advanced before the primary judge - held: leave refused, appeal dismissed with costs.
Status of Appeal to High Court -
12 May 2022: HCA - Special leave to appeal dismissed [2022] HCASL 98
13 Oct 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 [2021] FCAFC 179
Perram, Thawley and Stewart JJ
(
287 FCR 581
)
MIGRATION - appeal from application for review of decision of Minister to refuse to grant a Protection (Class XA) visa - Minister not satisfied that the visa applicant passed the character test - Minister exercised discretion under s 501 of the Migration Act 1958 (Cth) to refuse visa - where visa applicant previously subject of cancellation of a Refugee and Humanitarian visa - where Administrative Appeals Tribunal had concluded in review of visa cancellation that there were…
Status of Appeal to High Court -
10 March 2022: HCA - Special leave application dismissed with costs [2022] HCASL 39
8 Oct 2021
: DBO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1218
Anderson J
MIGRATION - appeal from the Federal Circuit Court of Australia - whether the decision affected by jurisdictional error for misapplication of s 473DD of the Migration Act in respect of certain "new information" - where the "new information" does not meet the threshold for materiality - whether there was a failure to consider claims advanced by the Appellant - appeal dismissed
Status of Appeal to High Court -
17 February 2023: HCA - Special leave application refused with costs [2023] HCATrans 18
29 Sep 2021
: EGW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1177
Farrell J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister not to grant the appellant a Safe Haven Enterprise visa (subclass XE-790) - where the Authority's decision record states that it was satisfied that expert reports provided to it by the appellant concerning the risk to Shia/Hazaras …
Status of Appeal to High Court -
16 March 2022: HCA - Special leave application dismissed with costs [2022] HCASL 56
27 Sep 2021
: Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174
Yates, Griffiths and Moshinsky JJ
(
394 ALR 347 ; 288 FCR 180
)
MIGRATION - appeal from a decision of a single Judge of the Federal Court of Australia dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal - where Administrative Appeals Tribunal upheld a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the appellant's visa - meaning of the words…
Status of Appeal to High Court -
10 February 2022: HCA - Special leave to appeal dismissed with costs [2022] HCASL 9
27 Sep 2021
: EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173
Yates, Griffiths and Moshinsky JJ
(
395 ALR 36 ; 288 FCR 158
)
MIGRATION - judicial review of decision of Administrative Appeals Tribunal holding that it did not have jurisdiction to review decision not to revoke visa cancellation decision under s 501CA(4) of Migration Act 1993 (Cth) - where representations were not "received" by Minister within 28 days under r 2.55 of Migration Regulations 1994 (Cth) - where Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 held "made…
Status of Appeal to High Court -
10 February 2022: HCA - Special leave application dismissed with costs [2022] HCASL 9
15 Sep 2021
: QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 166
McKerracher, Griffiths and Bromwich JJ
(
287 FCR 328
)
MIGRATION - Administrative Appeals Tribunal affirmed decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) - amended notice of appeal raised two grounds not run before primary judge - ground 2 a "no evidence" ground - where appellant failed to produce transcript of Tribunal hearing in Court Book - held: leave granted to raise ground 1 but not ground 2 MIGRATION - whether Tribunal's fact finding irrational or illogical - where Tribunal made …
Status of Appeal to High Court -
12 August 2022: HCA - Special leave application granted [2022] HCATrans 130
10 Sep 2021
: CZC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1083
Yates J
MIGRATION - appeal from the Federal Circuit Court of Australia - application for judicial review of Immigration Assessment Authority affirming decision of a delegate of the Minister not to grant the appellant a protection visa - whether certain information provided to the Authority was "new information" under s 473DC(1) of the Migration Act 1958 (Cth) - whether information provided to the Authority was "before the Minister"
Status of Appeal to High Court -
13 May 2022: HCA - Special leave application refused with costs [2022] HCATrans 97
7 Sep 2021
: Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163
Jagot, Lee and Thawley JJ
(
162 IPR 52 ; 393 ALR 595 ; 286 FCR 259
)
TRADE MARKS - infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) - whether primary judge erred in concluding that the respondents did not infringe the appellant's BOTOX mark by using PROTOX as a trade mark - whether primary judge erred in concluding that PROTOX was not deceptively similar to BOTOX - held that PROTOX is deceptively similar to BOTOX mark - infringement established TRADE MARKS - infringement claim pursuant to s 120 of the Act - whether the…
Status of Appeal to High Court -
13 May 2022: HCA - Special leave application granted [2022] HCATrans 94
3 Sep 2021
: Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) [2021] FCAFC 161
Middleton, Beach and Colvin JJ
(
392 ALR 326 ; 154 ACSR 612
)
CORPORATIONS - continuous disclosure obligations under s 674 of Corporations Act 2001 (Cth) - application of ASX listing rules 3.1 and 3.1A - non-disclosure of material information - shareholders' claims for damages under s 1317HA of Corporations Act - debts or claims provable in winding up - rejection of proofs of debt - appeals to the primary judge from rejection of proofs of debt - whether trial judge erred in making findings of non-contravention of s 674 - whether…
Status of Appeal to High Court -
8 April 2022: HCA - Special leave application refused with costs [2022] HCATrans 57
31 Aug 2021
: Commissioner of Taxation v Bosanac [2021] FCAFC 158
Kenny, Davies and Thawley JJ
EQUITY - presumption of advancement - purchase of property by husband and wife - title registered in wife's name only - whether presumption of advancement is qualified by statements in Trustees of Property of Cummins (a bankrupt) v Cummins (2006) 227 CLR 278 - whether presumption of advancement is rebutted - where property intended as matrimonial home - where both spouses contributed equally to purchase through joint loan accounts - where husband assumed significant…
Status of Appeal to High Court -
12 April 2022: HCA - Special leave application granted [2022] HCATrans 63
27 Aug 2021
: Kareem v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCA 1016
Bromwich J
MIGRATION - appeal of from decision of Federal Circuit Court of Australia to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal - Tribunal affirmed a decision of a delegate of the Minister to refuse the grant of a Partner (Provisional) (Class UF) (subclass 309) visa - where appellant is sponsor of partner visa applicant - where decision to affirm delegate's decision made principally upon the basis of not being satisfied that the…
Status of Appeal to High Court -
4 November 2021: HCA - Special leave application dismissed [2021] HCASL 211
27 Aug 2021
: FNV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1025
Nicholas J
MIGRATION - where appellants failed to appear at hearing of application for review of delegate's decision refusing to grant appellants protection visas - where application dismissed on basis of non-appearance - where the appellants' migration agent did not see invitation due to administrative mistake - where Administrative Appeals Tribunal sent SMS reminders to first appellant notifying her of hearing date - where no explanation provided to Tribunal in relation to failure to …
Status of Appeal to High Court -
9 December 2021: HCA - Special leave application dismissed with costs [2021] HCASL 248
20 Aug 2021
: Commissioner of Taxation v Burswood Nominees Limited as trustee for the Burswood Property Trust [2021] FCAFC 151
Jagot, Moshinsky and Colvin JJ
(
286 FCR 59
)
TAXATION - goods and services tax - gambling supplies - junkets - agreements between casino and junket tour operators - where commissions and rebates were payable by the casino to the junket tour operator or by the junket tour operator to the casino - where, at the conclusion of the junket, a total amount would be payable by the junket tour operator to the casino or by the casino to the junket tour operator - whether the commissions and rebates, or the total amount payable,…
Status of Appeal to High Court -
13 May 2022: HCA - Special leave application refused with costs [2022] HCATrans 93
18 Aug 2021
: Hardingham v RP Data Pty Limited [2021] FCAFC 148
Greenwood, Rares and Jackson JJ
(
162 IPR 1 ; 395 ALR 644
)
COPYRIGHT - consideration of copyright subsisting in photographs and floorplans - consideration of the terms of an oral licence conferred by the copyright owner and exclusive licensee on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property - consideration of the principles governing whether a term is to be implied, in fact, into the oral informal agreements between the rights owners and each agency and the content and…
Status of Appeal to High Court -
12 April 2022: HCA - Special leave application granted [2022] HCATrans 64
17 Aug 2021
: CGS19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 968
Rangiah J
MIGRATION - Migration Act 1958 (Cth) - application for judicial review of a decision of the Federal Circuit Court of Australia - whether the Tribunal conflated membership of an ethnic group with membership of a criminal group - whether the Tribunal misapplied the statutory criteria and relevant principles when making an adverse credibility finding against the appellant - whether the Tribunal conflated its findings under the refugee criterion and the complementary protection…
Status of Appeal to High Court -
17 February 2022: HCA - Special leave application dismissed [2022] HCASL 14
12 Aug 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BOA18 [2021] FCA 943
Besanko J
MIGRATION -- appeal from orders made by Federal Circuit Court of Australia granting respondents' amended application for judicial review of a decision of Immigration Assessment Authority -- where Authority affirmed a decision of a delegate of Minister to refuse to grant protection visas to respondents -- where first respondent made late claims relating to involvement with Liberation Tigers of Tamil Eelam -- where respondents brought successful application for judicial review …
Status of Appeal to High Court -
17 February 2022: HCA - Special leave application dismissed with costs [2022] HCASL 25
5 Aug 2021
: Zhang v Yan [2021] FCA 905
O'Bryan J
BANKRUPTCY AND INSOLVENCY - appeal against a decision of the Federal Circuit Court of Australia dismissing an application for review of a sequestration order made by a registrar of the Federal Circuit Court - where sequestration order based on a judgment debt obtained in the Supreme Court of Victoria - where primary judge determined that it was appropriate to "go behind" the judgment debt to assess whether the debt was owing - circumstances in which a bankruptcy court is…
Status of Appeal to High Court -
2 December 2021: HCA - Special leave application dismissed [2021] HCASL 228
5 Aug 2021
: TechnologyOne Limited v Roohizadegan [2021] FCAFC 137
Rangiah, White and O'Callaghan JJ
(
309 IR 262 ; 174 ALD 224
)
INDUSTRIAL LAW - adverse action - where primary judge found that respondent was dismissed in contravention of s 340(1) of the Fair Work Act 2009 (Cth) - appeal against order to that effect on the grounds that the judge failed to provide adequate reasons for his conclusion and did not answer the question whether the appellants had established that the adverse action was not taken for a reason proscribed by the Fair Work Act 2009 (Cth), or for reasons which included such a…
Status of Appeal to High Court -
9 December 2021: HCA - Special leave application dismissed with costs [2021] HCASL 249
4 Aug 2021
: Advanced Holdings Pty Limited as Trustee for The Demian Trust v Commissioner of Taxation [2021] FCAFC 135
Logan, McKerracher and Perram JJ
TAXATION - income tax - deductibility of borrowings and related fees - whether repayments of borrowings and fees were on revenue or capital account - where company is in the business of property development and property is the company's trading stock - where original loans obtained for the purchase of the properties were repaid from a facility agreement - where liabilities under the facility agreement were then repaid from the proceeds of sale of the properties - whether a…
Status of Appeal to High Court -
9 December 2021: HCA - Special leave dismissed with costs [2021] HCASL 251
30 Jul 2021
: Frugtniet v Secretary, Department of Social Services [2021] FCAFC 127
O'Callaghan, Wheelahan and Snaden JJ
(
173 ALD 22 ; 285 FCR 159
)
SOCIAL SECURITY - appeal from the primary judge's order dismissing an appeal from a decision of the Tribunal which affirmed a decision of a delegate of the Secretary to apply an amount of family tax benefit due to the appellant in partial discharge of the appellant's indebtedness to the Commonwealth - where the appellant's entitlement to family tax benefit arose from the Secretary's failure to give the required notice to the appellant prior to the recovery of overpayments of …
Status of Appeal to High Court -
9 December 2021: HCA - Special leave application dismissed [2021] HCASL 240
26 Jul 2021
: SZQKE v Minister for Immigration and Border Protection [2021] FCA 833
Davies J
MIGRATION - Independent Treaties Obligations Assessment (ITOA) - duty to put appellant on notice of information and sources of information - whether there was a denial of procedural fairness in failing to put country information to the appellant for comment during an ITOA interview - appeal dismissed PRACTICE AND PROCEDURE - application for leave to adduce fresh evidence on appeal - new evidence that constitutes a departure from the case below where appellant was represented …
Status of Appeal to High Court -
9 December 2021: HCA - Special leave application dismissed with costs [2021] HCASL 246
16 Jul 2021
: Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125
Katzmann, Derrington and O'Bryan JJ
(
285 FCR 187
)
MIGRATION LAW - decision of the Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - whether Tribunal erred in formation of state of satisfaction for the purpose of s 501CA(4) - whether primary considerations stated in Ministerial Direction 79 were mandatory considerations in forming state of satisfaction - whether mandatory considerations included best interests of appellant's child - whether best…
Status of Appeal to High Court -
10 March 2022; HCA - Special leave application dismissed with costs [2022] HCASL 38
9 Jul 2021
: Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2021] FCAFC 121
McKerracher, Derrington and Colvin JJ
(
153 ACSR 522 ; 396 ALR 27 ; 287 FCR 388
)
INSURANCE - appeal from decision determining separate questions - where primary judge found insurer not entitled to rely upon s 28(3) of Insurance Contracts Act 1984 (Cth) to reduce liability to nil - where insured notified claim under insurance policy following cyclone damage - where insurer agreed to indemnify despite non-disclosure of prior defects - where insurer took steps consistent with providing indemnity - where insurer subsequently sought to disclaim liability on…
Status of Appeal to High Court -
17 March 2022: HCA - Special leave application granted [2022] HCATrans 35
8 Jul 2021
: ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 760
Anderson J
MIGRATION - appellant is a citizen of Pakistan - claimed to fear harm, including death, assault, harassment and discrimination on account of his religion - claims were accepted by the Tribunal MIGRATION - ground 1 - whether Federal Circuit Court fell into error by failing to find that the Tribunal misapprehended or misapplied test in relation to "complementary protection" - no error - ground dismissed MIGRATION - ground 2 - whether the Federal Circuit Court fell into error…
Status of Appeal to High Court -
11 November 2021: HCA - Special leave application dismissed with costs [2021] HCASL 220
1 Jul 2021
: Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 2) [2021] FCAFC 120
Katzmann, Beach and Markovic JJ
PRACTICE AND PROCEDURE - appeal - form of remitter to primary judge COSTS - whether in relation to the appeal there is any reason to apportion costs taking account of the parties' success or failure on certain issues - costs of interlocutory application at first instance - orders made
Status of Appeal to High Court -
7 October 2021: HCA - Special leave application dismissed with costs [2021] HCASL 197
29 Jun 2021
: Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 713
Nicholas J
MIGRATION - where appellant failed to appear at hearing of application for review of delegate's decision cancelling his visa - where Administrative Appeals Tribunal dismissed application for review pursuant to s 362B(1A)(b) of the Migration Act 1958 (Cth) ("the Act") - where applicant applied for reinstatement of dismissed application - whether the Tribunal's decision confirming dismissal under s 362B(1C)(b) was unreasonable - whether Tribunal failed to have regard to…
Status of Appeal to High Court -
7 October 2021: HCA - Special leave application dismissed [2021] HCASL 193
25 Jun 2021
: Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (No 3) [2021] FCAFC 112
Allsop CJ, Perram and Moshinsky JJ
(
392 ALR 443 ; 153 ACSR 59
)
ARBITRATION - international arbitration - application for recognition of award of the International Centre for Settlement of Investment Disputes under s 35(4) of the International Arbitration Act 1974 (Cth) ('Arbitration Act') PUBLIC INTERNATIONAL LAW - foreign state immunity - interpretation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ('ICSID Convention') and the Arbitration Act - whether parties entitled to an…
Status of Appeal to High Court -
18 March 2022: HCA - Special leave application granted [2022] HCATrans 39
25 Jun 2021
: CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699
Kenny J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority to refuse grant of visa to family - no claim of harm on the basis of gender before the Authority - no failure by the Authority to consider UNHCR Guidelines - leave to raise a ground as to the Authority's failure to consider the realities facing five-year-old child (CDT16) - no claim clearly raised before the Authority as…
Status of Appeal to High Court -
11 August 2022: HCA - Special leave application dismissed [2022] HCASL 122
24 Jun 2021
: Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) (No 2) [2021] FCAFC 111
Middleton, Charlesworth and Jackson JJ
CORPORATIONS - voidable transactions - unfair preferences - commencement and end dates of single transaction under s 588FA of the Corporations Act 2001 (Cth) COSTS - where both parties had some success on appeal - general rule that costs follow the event - each party to bear own costs of appeal
Status of Appeal to High Court -
18 March 2022: HCA - Special leave to appeal granted [2022] HCATrans 42
15 Jun 2021
: Flageul v WeDrive Pty Ltd [2021] FCAFC 102
Flick, Murphy and O'Callaghan JJ
(
285 FCR 255
)
INDUSTRIAL LAW - claims made under ss 340 and 358 of the Fair Work Act 2009 (Cth) - whether primary judge erred in dismissing claims CORPORATIONS LAW - claim made under s 232 of the Corporations Act 2001 (Cth) - whether primary judge erred in dismissing claim APPEALS - findings of fact - not shown to be glaringly improbable - role of appellate court in reviewing findings of fact
Status of Appeal to High Court -
4 November 2021: HCA - Special leave application dismissed with costs [2021] HCASL 213 10 February 2022: HCA - Special leave application dismissed with costs [2022] HCASL 10
10 Jun 2021
: Peter Greensill Family Co Pty Ltd (Trustee) v Commissioner of Taxation [2021] FCAFC 99
Davies, Moshinsky and Colvin JJ
(
285 FCR 410
)
TAXATION - interaction between div 855 of the Income Tax Assessment Act 1997 (Cth) (1997 Act), sub-div 115-C of the 1997 Act and div 6 and div 6E of the Income Tax Assessment Act 1936 (Cth) (1936 Act) considered - where capital gains made by a resident trust estate from non-taxable Australian property distributed to non-resident beneficiary - where trustee assessed in respect of those gains pursuant to s 115-220 of the 1997 Act and s 98 of the 1936 Act - where foreign…
Status of Appeal to High Court -
21 February 2022: HCA - Special leave application refused with costs [2022] HCATrans 19
8 Jun 2021
: DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97
Collier, Markovic and Anastassiou JJ
(
285 FCR 1
)
MIGRATION - appeal from Federal Court of Australia - application for judicial review of decision of the Administrative Appeals Tribunal affirming decision not to revoke mandatory cancellation of Appellant's partner visa - whether the Tribunal failed to consider the impact on a victim of the cancellation of the visa - whether there was denial of procedural fairness to the Appellant - appeal dismissed
Status of Appeal to High Court -
9 December 2021: HCA - Special leave application dismissed [2021] HCASL 243
7 Jun 2021
: BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91
Rares, Banks-smith and Jackson JJ
(
285 FCR 43
)
MIGRATION - appeal from decision dismissing application for judicial review - decision by Minister not to revoke mandatory cancellation of appellant's visa under s 501CA of the Migration Act 1958 (Cth) - appellant made representations out of time - Minister accepted that representations were made within time but later said that they were not - held: proper construction of Migration Act does not permit Minister to issue a second invitation to a person to make representations…
Status of Appeal to High Court -
18 March 2022: HCA - Special leave to appeal granted with consent [2022] HCATrans 41
3 Jun 2021
: BHP Group Limited v Impiombato [2021] FCAFC 93
Middleton, McKerracher and Lee JJ
(
151 ACSR 634 ; 286 FCR 625
)
REPRESENTATIVE PROCEEDINGS - shareholder class action - claims brought on behalf of non-resident shareholders - dual listed company structure - whether provisions of Pt IVA of the Federal Court of Australia Act 1976 (Cth) capable of application to group members not resident in Australia - procedure under Pt IVA - consideration of the meaning of "claim" under s 33C - question of jurisdiction better defined as whether Pt IVA permits an applicant to define group membership as…
Status of Appeal to High Court -
18 February 2022: HCA - Special leave application granted [2022] HCATrans 13
28 May 2021
: Ambrose v Commonwealth of Australia [2021] FCAFC 88
Collier, Griffiths and Abraham JJ
(
173 ALD 1
)
SOCIAL SECURITY - appeal from decision of primary judge to dismiss application for judicial review under Administration Decisions (Judicial Review) Act 1977 (Cth) - appellant's Newstart allowance suspended for non-compliance with mutual obligation requirements under s 42AF of Social Security (Administration) Act 1999 (Cth) -legislative scheme of Pt 3, Div 3AA considered - where suspension decision made under s 42AF(1)(a) - where allowance reinstated and appellant repaid…
Status of Appeal to High Court -
9 September 2021: HCA - Special leave application dismissed [2021] HCASL 178
26 May 2021
: Boensch v Somerville Legal [2021] FCAFC 79
Katzmann, Markovic and Abraham JJ
(
286 FCR 293
)
BANKRUPTCY - appeal from orders made by the Federal Circuit Court - where primary judge made a sequestration order against appellant's estate - whether primary judge denied appellant procedural fairness - where appellant is self-represented - where primary judge did not advise appellant of his right to cross-examine - where appellant filed material with the Court - where material not before primary judge - where only single copy of material available between appellant and…
Status of Appeal to High Court -
7 April 2022: HCA - Special leave application dismissed [2022] HCASL 68
21 May 2021
: Davidson v Official Receiver [2021] FCAFC 73
Allsop CJ, Markovic and Anastassiou JJ
(
286 FCR 148
)
BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit Court of Australia - where primary judge dismissed application for summary judgment to set aside notice issued pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) by Official Receiver - where underlying basis for notice issued pursuant to s 139ZQ was to recover transfer at undervalue within meaning of s 120(1) of the Act - whether limitation period in s 127(3) of the Act requires a notice issued pursuant to s 139ZQ to…
Status of Appeal to High Court -
3 December 2021: HCA - Special leave application refused with costs [2021] HCATrans 208
14 May 2021
: DLB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 504
Markovic J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where Immigration Assessment Authority (Authority) affirmed a decision of a delegate of the Minister to refuse a safe haven enterprise visa - whether Authority misunderstood "real chance" test - whether Authority failed to properly consider evidence and submissions relating to appellant's claim - appeal dismissed
Status of Appeal to High Court -
9 September 2021: HCA - Special leave application dismissed [2021] HCASL 183
14 May 2021
: EAI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 506
Katzmann J
MIGRATION -- appeal -- application for judicial review of decision of Immigration Assessment Authority to affirm decision of Minister's delegate to refuse to grant appellant a Safe Haven Enterprise Visa -- whether primary judge erred by finding Authority did not fail to comply with s 473DE of the Migration Act 1958 (Cth) -- whether statement made by appellant in support of invalid protection visa application to which Authority referred but which was not mentioned by delegate …
Status of Appeal to High Court -
9 September 2021: HCA - Special leave application dismissed [2021] HCASL 182
14 May 2021
: Mussalli v Commissioner of Taxation [2021] FCAFC 71
McKerracher, Thawley and Stewart JJ
(
284 FCR 516
)
TAXATION - income tax - deductibility - payments made upon entering into lease and license agreements of franchise restaurants - payments described as prepayments of rent - whether payments were capital in nature or on revenue account - characterisation of advantage sought - where the quantum of the prepayment was calculated without reference to the terms of the lease and license agreements
Status of Appeal to High Court -
12 November 2021: HCA - Special leave application refused with costs [2021] HCATrans 196
11 May 2021
: BDF15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 489
Nicholas J
MIGRATION - procedural fairness - where the Secretary provided documents to the Administrative Appeals Tribunal - where the Minister by his delegate made a certificate pursuant to s 438 of the Migration Act 1958 (Cth) in respect of such documents - where the Tribunal did not disclose the existence of the certificate to the appellant and found that the documents were subject to legal professional privilege - where Minister accepted that such non-disclosure amounted to a…
Status of Appeal to High Court -
11 November 2021: HCA - Special leave application dismissed with costs [2021] HCASL 221
10 May 2021
: VicForests v Friends of Leadbeater's Possum Inc [2021] FCAFC 66
Jagot, Griffiths and Sarah C Derrington JJ
(
389 ALR 552 ; 285 FCR 70 ; 174 ALD 1
)
ENVIRONMENT LAW - statutory interpretation of exemption from Part 3 of the Environmental Protection Biodiversity Act 1999 (Cth) (EPBC Act) set out in s 38(1) the Act - whether conduct of forestry operations must be undertaken in accordance with any restrictions, limits, prescriptions, and contents of the Central Highlands Regional Forest Agreement (CH RFA) and the Code of Practice for Timber Production 2014 (Code) to secure the benefit of the exemption ENVIRONMENT LAW -…
Status of Appeal to High Court -
10 December 2021: HCA - Special Leave application refused with costs [2021] HCATrans 215
4 May 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63
Perram, Moshinsky and Thawley JJ
(
285 FCR 667
)
MIGRATION - protection visa - where the first respondent entered Australia by boat and was taken to what was then thought to be a "proclaimed port" - where the first respondent's case was dealt with for several years on the assumption he was an "unauthorised maritime arrival" - where that assumption was incorrect - where, purportedly pursuant to s 195A of the Migration Act 1958 (Cth), the Minister granted the first respondent a temporary safe haven visa (for one week) and a…
Status of Appeal to High Court -
10 December 2021: HCA - Special Leave application refused with costs [2021] HCATrans 217
23 Apr 2021
: Coal of Queensland Pty Ltd v Innovation and Science Australia [2021] FCAFC 54
Logan, Griffiths and Moshinsky JJ
(
172 ALD 459 ; 285 FCR 286
)
TAXATION - research and development tax offset - where applicant held exploration permit for coal - where coal in the area had high level of ash content and the coal seams were banded - where applicant commenced a series of activities to investigate the nature and economic viability of mining the coal - where the Tribunal found that none of the registered activities were "core R& D activities" within the meaning of s 355-25(1) of the Income Tax Assessment Act 1997 (Cth)…
Status of Appeal to High Court -
2 September 2021: HCA - Application dismissed with costs [2021] HCASL 163
19 Apr 2021
: WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55
Kenny, Mortimer and Abraham JJ
(
285 FCR 463
)
MIGRATION - appeal from single Judge dismissing application for review of decision of Administrative Appeals Tribunal to refuse to revoke mandatory cancellation of visa on character grounds under s 501A of the Migration Act - proper construction of ss 197C and 198 of the Migration Act - consistency of Ministerial Direction 79 with s 197C, considered - meaning of indefinite detention - appeal dismissed
Status of Appeal to High Court -
12 November 2021: HCA - Special leave application refused with costs [2021] HCATrans 195
9 Apr 2021
: CPQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 329
Kenny J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority - leave to raise new grounds on appeal - insufficient merit to justify grant of leave - appeal dismissed
Status of Appeal to High Court -
9 September 2021: HCA - Special leave application dismissed [2021] HCASL 174
9 Apr 2021
: Dring v Telstra Corporation Ltd [2021] FCAFC 50
Flick, Rangiah and Wigney JJ
(
304 IR 408 ; 283 FCR 505 ; 172 ALD 305
)
COMPENSATION - claimant falls on wet floor - whether injury arising in course of employment - injury suffered during period of stay at hotel - place at which injury occurred - injury not connected to employment ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - question of law
Status of Appeal to High Court -
2 September 2021: HCA: Special leave application dismissed with costs [2021] HCASL 165
9 Apr 2021
: Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338
Perram J
(
151 ACSR 444
)
PRIVATE INTERNATIONAL LAW - application for permanent stay of proceedings alleging contraventions of Competition and Consumer Act 2010 (Cth) ('CCA') Pt IV, Australian Consumer Law ('ACL') s 21 - where exclusive jurisdiction clause requires litigation relating to app developer agreement to occur in Northern District of California - where First Applicant has commenced proceedings against First Respondent in Northern District of California alleging contraventions of United…
Status of Appeal to High Court -
2 December 2021: HCA - Special leave application dismissed with costs [2021] HCASL 234
9 Apr 2021
: Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49
Wigney, Beach and O'Bryan JJ
(
151 ACSR 407 ; 284 FCR 24,
)
CONSUMER LAW - admitted contraventions of s 29(1)(a) of the Australian Consumer Law by appellant Volkswagen Aktiengesellschaft - where regulatory proceedings settled as between the regulator, Australian Competition and Consumer Commission, and Volkswagen and its subsidiaries and affiliates - where the parties jointly proposed an agreed pecuniary penalty as part of the settlement - where the primary judge found that the agreed pecuniary penalty was not appropriate within the…
Status of Appeal to High Court -
12 November 2021: HCA - Special leave application refused with costs [2021] HCATrans 194
9 Apr 2021
: SDCV v Director-General of Security [2021] FCAFC 51
Rares, Bromwich and Abraham JJ
(
389 ALR 372 ; 284 FCR 357 ; 173 ALD 450
)
CONSTITUTIONAL LAW - judicial power of the Commonwealth - challenge to the constitutional validity of s 46(2) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - whether s 46(2) of the AAT Act requires the Court to act in a manner that is procedurally unfair - where the applicant appeals on a question of law - where s 46(2) of the AAT Act is to be read in the context of the legislative regime as a whole - whether a practical injustice results - held: s 46(2) of …
Status of Appeal to High Court -
21 February 2022: HCA - Special leave application granted [2022] HCATrans 20
1 Apr 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2021] FCAFC 48
McKerracher, Burley and O'Callaghan JJ
(
284 FCR 1
)
MIGRATION - refusal by delegate of protection visa on character grounds - where the Administrative Appeals Tribunal set aside the delegate's decision and substituted its own decision granting the respondent a visa - where Tribunal's decision was based on a statutory construction of the Migration Act 1958 (Cth) subsequently held to be erroneous - where the primary judge held that the Tribunal's decision was affected by jurisdictional error but refused to grant relief to the…
Status of Appeal to High Court -
12 November 2021: HCA - Special leave application refused with costs [2021] HCATrans 197
31 Mar 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 46
Charlesworth, Burley and Jackson JJ
(
284 FCR 62
)
MIGRATION - Administrative Appeals Tribunal refusing to decide an application for merits review of a migration decision under s 348 of the Migration Act 1958 (Cth) on the grounds that the application had not been "properly made" - Tribunal finding that application was made after the prescribed statutory time limit expired - Tribunal finding the application was not accompanied by the prescribed fee - Tribunal calculating the time limit from the date upon which the appellant…
Status of Appeal to High Court -
10 December 2021: HCA - Special Leave application refused with costs [2021] HCATrans 218
26 Mar 2021
: AJL15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 289
Collier J
MIGRATION - protection visa - Sri Lanka - Tamil Hindu ethnicity - appeal against decision of Federal Circuit Court of Australia (FCCA) - where primary Judge dismissed the application - interlocutory application to file and rely on amended notice of appeal - interlocutory application to file further evidence - interlocutory applications dismissed - appeal dismissed
Status of Appeal to High Court -
11 November 2021: HCA - Special leave application dismissed with costs [2021] HCASL 222
25 Mar 2021
: Commissioner of the Australian Federal Police v Luppino [2021] FCAFC 43
Besanko, Wigney and Abraham JJ
(
388 ALR 603 ; 284 FCR 233
)
CRIMINAL LAW -- appeal from an order of the primary judge that an order of a magistrate made pursuant to s 3LA of the Crimes Act 1914 (Cth) is invalid -- where an order pursuant to s 3LA was made in respect of a smart phone seized during the execution of a warrant for the search of a person -- whether natural justice attaches to an application under s 3LA and the appellant was entitled to a hearing before the s 3LA Order was made -- statutory construction of s 3LA -- whether …
Status of Appeal to High Court -
5 August 2021: HCA - Special leave application dismissed [2021] HCASL 132
19 Mar 2021
: Commissioner of Taxation v Auctus Resources Pty Ltd [2021] FCAFC 39
McKerracher, Davies and Thawley JJ
(
388 ALR 553 ; 284 FCR 294
)
TAXATION - administrative overpayment made by the Commissioner of Taxation under taxation laws - construction of s 8AAZN of the Taxation Administration Act 1953 (Cth) - assessment power of Commissioner of Taxation - taxpayer "self-assessed" activities as capable of being registered as research and development ("R& D") activities - taxpayer claimed R& D tax offset refund - Innovation and Science Australia subsequently found taxpayer not engaged in R& D activities…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed with costs [2021] HCA 155
11 Mar 2021
: Springs v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 197
Perram J
(
389 ALR 431
)
MIGRATION - appeal from Federal Circuit Court dismissal of judicial review application of Administrative Appeals Tribunal ('Tribunal') decision - where Appellant required internationally recognised record of exceptional and outstanding achievement for Distinguished Talent (Residence) (class BX) subclass 858 visa in arts - where evidence given at Tribunal hearing by musical production company that not familiar with Appellant before his audition - whether evidence…
Status of Appeal to High Court -
18 February 2022: HCA - Special leave application refused with costs [2022] HCATrans 17
5 Mar 2021
: Ethicon Sarl v Gill [2021] FCAFC 29
Jagot, Murphy and Lee JJ
(
387 ALR 494 ; 288 FCR 338
)
CONSUMER LAW - defective goods - urogynaecological medical devices - whether primary judge erred in finding safety of devices not such as persons generally were entitled to expect - whether primary judge erred in finding devices not of merchantable or acceptable quality, or not reasonably fit for purpose within meaning of Trade Practices Act 1974 (Cth) or the Australian Consumer Law - whether primary judge erred in finding respondents' damage caused by defect CONSUMER LAW -…
Status of Appeal to High Court -
5 November 2021: HCA - Special leave application refused with costs [2021] HCATrans 187
4 Mar 2021
: Connor v State of Queensland (Department of Education and Training) [2021] FCAFC 21
Reeves, Perry and Snaden JJ
HUMAN RIGHTS - disability discrimination in education - where appellant alleges respondent discriminated against him in connection with his enrolment at a school, and did so contrary to the requirements of the Disability Discrimination Act 1992 (Cth) (DD Act) - where school suspended, physically restrained and secluded appellant, who exhibited disruptive and violent behaviour -- where behaviour was a consequence of disability - whether primary judgment was a product of an…
Status of Appeal to High Court -
5 August 2021: HCA - Special leave application dismissed [2021] HCASL 129
4 Mar 2021
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24
Kenny, Bromberg and Anderson JJ
(
284 FCR 455
)
MIGRATION - appeal from Federal Circuit Court - whether primary judge erred in finding that Tribunal's decision was affected by jurisdictional error - appeal allowed - no material breach - notice of contention upheld on apprehended bias ground
Status of Appeal to High Court -
2 September 2021: HCA - Special leave application dismissed with costs [2021] HCASL 164
3 Mar 2021
: Leyonhjelm v Hanson-Young [2021] FCAFC 22
Rares, Wigney and Abraham JJ
(
387 ALR 384 ; 282 FCR 341
)
CONSTITUTIONAL LAW - whether s 16 Parliamentary Privileges Act 1987 (Cth) or Art 9 Bill of Rights 1688 (UK) precludes court hearing evidence or determining whether particular words were spoken in proceedings in Parliament - where dispute about words said by member in Chamber in course of proceedings in Parliament - whether lawful for court to take evidence of member of Parliament for purpose of deciding whether or what words were spoken in proceedings in Parliament - whether …
Status of Appeal to High Court -
17 June 2021: HCA - Special leave application dismissed with costs [2021] HCASL 114
26 Feb 2021
: Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 145
Beach J
MIGRATION - appeal from Federal Circuit Court - reasonable apprehension of bias by Administrative Appeals Tribunal - jurisdictional error - appeal dismissed
Status of Appeal to High Court -
17 June 2021: HCA - Special leave application dismissed [2021] HCASL 108
24 Feb 2021
: One Tree Community Services Inc v United Workers' Union [2021] FCAFC 15
Flick, Bromberg and Kerr JJ
(
387 ALR 193 ; 304 IR 57 ; 173 ALD 222 ; 284 FCR 489
)
CONSTITUTIONAL LAW - judicial power of the Commonwealth - dispute resolution clause (cl 77) in an enterprise agreement made under the Fair Work Act 2009 (Cth) provided for binding arbitration - whether in resolving by arbitration a dispute involving the employer brought pursuant to cl 77, the Fair Work Commission was purporting to exercise judicial power - where employer was not involved in the making of the enterprise agreement but became bound by that agreement by reason…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed with costs [2021] HCASL 154
23 Feb 2021
: DAB16 v Minister for Home Affairs (No 2) [2021] FCA 120
Charlesworth J
MIGRATION - costs orders under s 486F of the Migration Act 1958 (Cth) - where previous finding that migration litigation had no reasonable prospect of success - whether contravention of s 486E of the Migration Act 1958 (Cth) by a legal practitioner - whether legal practitioner encouraged migration litigation - whether practitioner gave "proper consideration" to the prospect of success of an appeal - consideration of matters relevant to the exercise of the Court's discretion…
Status of Appeal to High Court -
17 June 2021: HCA - Special leave application dismissed [2021] HCASL 103
16 Feb 2021
: XAD (by her litigation guardian XAE) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 12
Flick, White and Charlesworth JJ
(
283 FCR 189
)
MIGRATION - judicial review - appeal from decision of a single judge of the Court concerning the application of s 46A of the Migration Act 1958 (Cth) in the case of a child born in Australia to unauthorised maritime arrivals - the criteria for the lifting of the bar required to exist at the time of the visa application - appeal dismissed. MIGRATION - the requirement for procedural fairness in the steps taken by the Department after a decision by the Minister to consider…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed with costs [2021] HCASL 151
15 Feb 2021
: Endresz v Commonwealth of Australia [2021] FCAFC 18
Griffiths, Thawley and O'Bryan JJ
BANKRUPTCY - appeal from order sequestrating appellant's estate - whether there was in truth and reality a debt owing to the Commonwealth - whether equitable jurisdiction of Supreme Court of the Australian Capital Territory engaged - whether liability under Barnes v Addy unavailable by reason of Auckland Harbour Board v The King - whether liability under Barnes v Addy available when moneys stolen in excess of authority - no error on part of primary judge demonstrated -…
Status of Appeal to High Court -
24 June 2021: HCA - Special leave application dismissed with costs [2021] HCASL 124
12 Feb 2021
: BXT17 v Minister for Home Affairs [2021] FCAFC 9
Markovic, O'Callaghan and Anastassiou JJ
(
283 FCR 248
)
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where the Immigration Assessment Authority (Authority) affirmed a decision of a delegate of the Minister to refuse the appellant a protection visa - whether the designation of a person as an "unauthorised maritime arrival" pursuant to s 5AA of the Migration Act 1958 (Cth) (Act) can come to an end - whether the Authority assessed new information in accordance with s 473DD of the Act - whether…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed with costs [2021] HCASL 152
3 Feb 2021
: Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14
Rares, Farrell and Stewart JJ
BANKRUPTCY AND INSOLVENCY - whether bankruptcy notice based on judgment of Local Court of New South Wales entered on filing of certificate recording assessment of costs pursuant to orders of New South Wales Civil and Administrative Tribunal valid - whether creditor required to make election between bankruptcy notices to pursue - whether judgments entered in Local Court pursuant to s 78 Civil and Administrative Tribunal Act 2013 (NSW) and ss 70, 71 Legal Profession Uniform…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed [2021] HCASL 142
3 Feb 2021
: Bob Brown Foundation Inc v Commonwealth of Australia [2021] FCAFC 5
Griffiths, Moshinsky, Sarah C Derrington JJ
(
386 ALR 1 ; 283 FCR 225
)
ENVIRONMENTAL LAW - Species and habitat protection - Determination of separate question - Whether Tasmanian Regional Forest Agreement properly so characterised for the purposes of the Regional Forest Agreements Act 2002 (Cth), s 6(4) and the Environmental Protection and Biodiversity Conservation Act 1999 (Cth), s 38(1)
Status of Appeal to High Court -
24 June 2021: HCA - Special leave application dismissed with costs [2021] HCASL 125
27 Jan 2021
: APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23
Markovic J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where the Immigration Assessment Authority affirmed the decision of a delegate of the Minister not to grant the appellant a protection visa - whether the failure to exercise or to consider exercising the power under s 473DC of the Migration Act 1958 (Cth) to get up-to-date country information was unreasonable - whether failure was material - appeal dismissed
Status of Appeal to High Court -
17 June 2021: HCA - Special leave application dismissed with costs [2021] HCASL 118
