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  • Wright v Norris Real Estate Pty Ltd [2016] FCCA 707

    05 Apr 2016

    INDUSTRIAL LAW – Commonwealth – Constitutional power – Judicial power of Commonwealth – Federal Circuit Court of Australia – jurisdiction – accrued jurisdiction – adverse action claim based upon pregnancy – cross claim for breach of duty with respect to engaging contractors – no common disputed facts – cross claim dismissed.

  • SZVJE & Ors v Minister for Immigration & Anor [2016] FCCA 594

    18 Apr 2016

    MIGRATION – Review of decision of former Refugee Review Tribunal – refusal of protection visas – applicants claiming persecution in Pakistan – applicants found to have exaggerated their claims and fears found not to be well-founded – real chance test – Tribunal falling into error by assessing the risk of harm in Lahore relative to other places in Pakistan.

  • SZVDZ v Minister for Immigration & Anor [2016] FCCA 861

    11 Mar 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – no appearance by the applicant – application dismissed.

  • SZUPF v Minister for Immigration & Anor [2016] FCCA 883

    11 Apr 2016

    MIGRATION – Persecution – review of Refugee Review Tribunal (“Tribunal”) decision – visa – protection visa – refusal.

    ADMINISTRATIVE LAW – No matter of principle.

  • SZUMX & Ors v Minister for Immigration & Anor [2016] FCCA 875

    16 Mar 2016

    MIGRATION – Persecution – review of Refugee Review Tribunal decision – visa – protection visa – refusal.

    ADMINISTRATIVE LAW – No matter of principle.

  • Pinto v Pinto (Bankrupt) & Ors [2016] FCCA 831

    13 Apr 2016

    BANKRUPTCY – Application for review of decision of Trustees under s 178 of theBankruptcy Act 1966 (Cth) – allowing travel – supervisory jurisdiction – whether proposed travel genuine – whether likely that the bankrupt will return to Australia – whether likely that proposed travel will hamper the administration of the estate – application granted – decision of the Trustee set aside.

  • Lin & Ors v Minister for Immigration & Anor [2016] FCCA 554

    11 Mar 2016

    MIGRATION – Application to review decision of Migration Review Tribunal (now Administrative Appeals Tribunal) – no jurisdictional error.

  • Le & Ors v Minister for Immigration & Anor [2016] FCCA 874

    18 Apr 2016

    MIGRATION – Application for review of Tribunal decision – whether Tribunal was arbitrary or unreasonable – whether Tribunal misapplied the test for “exceptional circumstances – no jurisdictional error – application dismissed.

  • Kaur & Anor v Minister for Immigration & Anor [2016] FCCA 736

    18 Apr 2016

    MIGRATION – Application for subclass 485 visa – refusal – review of Migration Review Tribunal (“Tribunal”) decision.

    ADMINISTRATIVE LAW – Allegation that the Tribunal lacked jurisdiction because the antecedent visa application was invalid. 

    ADMINISTRATIVE LAW – Whether fraud by visa applicant’s agent renders a visa application invalid.

  • Dhungana v Minister for Immigration & Anor [2016] FCCA 731

    21 Mar 2016

    MIGRATION – Migration Review Tribunal – student visa – whether the Tribunal correctly understood cl.572.234 – whether Diba v Minister for Immigration and Citizenship (2010) 240 FLR 90[2010] FMCA 354 is distinguishable – whether Diba is plainly wrong – whether the explanatory memorandum assists the applicant.

  • Butterworth v Minister for Immigration & Anor [2016] FCCA 876

    18 Apr 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – whether Tribunal failed to complete the exercise of jurisdiction – whether Tribunal failed lawfully address a consideration required – jurisdictional error found – application allowed.

  • Vlad v Lopez [2016] FCCA 823

    14 Apr 2016

    BANKRUPTCY – Annulment of sequestration order.

    PRACTICE AND PROCEDURE – Adjournment – consideration of factors.

  • Singh v Minister for Immigration & Anor [2016] FCCA 835

    14 Apr 2016

    MIGRATION – Application to review decision of Migration Review Tribunal (now the Administrative Appeals Tribunal) – where visa application contained false information about a claimed skills assessment – alleged fraud on the part of a migration agent – whether the visa application was invalid, the delegate’s decision unlawful or the Tribunal decision unlawful – application dismissed.

  • Nehal & Anor v Minister for Immigration & Anor [2016] FCCA 838

    18 Mar 2016

    MIGRATION – Review of a decision by the Migration Review Tribunal – application for a Student (Temporary) (Class TU) Higher Education Sector (subclass 573) visa – applicant found not to be a genuine student – cancellation of applicant’s visa under s.116(1)(fa)(i) of Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.

  • MH v Australian Capital Territory & Ors [2016] FCCA 563

    14 Apr 2016

    INDUSTRIAL LAW – Application for alleged contravention arising out of dismissal of worker employed as a health professional in care and protection services – evidence of employer accepted in preference to the evidence of Applicant worker – poorly pleaded claims by the Applicant that hampered the Respondents (and the Court) properly or reasonably understanding the nature and details of all the claims – failure of Applicant to cross examine Third Respondent thereby formally leaving the Third Respondent’s evidence unchallenged – consideration of claim under s.362 Fair Work Act 2009regarding “advising, encouraging, inciting or coercing action” in the light of High Court decision in Yorke v Lucas – contravention not established.

  • Ellis v FJM Property Pty Ltd [2016] FCCA 808

    13 Apr 2016

    PRACTICE AND PROCEDURE – Whether director of respondent corporation may appear on behalf of respondent – principles relevant to grant of leave –whether inappropriate for a non-lawyer to appear for respondent corporation.

    HUMAN RIGHTS – Disability discrimination – access to premises – provision of goods, services and facilities.

  • Director, Fair Work Building Industry Inspectorate v Myles & Anor [2016] FCCA 772

    08 Apr 2016

    INDUSTRIAL LAW – Application for the imposition of pecuniary penalties – organising unlawful industrial action – threatening to organise unlawful industrial action – derivative liability of employee union.

  • Attri v Minister for Immigration & Anor [2016] FCCA 839

    29 Mar 2016

    MIGRATION – Review of a decision by the Migration Review Tribunal –Skilled (Provisional) (Class VC) visa – subclass 485 – false and misleading information provided of a TRA assessment – application dismissed.

  • SZUJM v Minister for Immigration & Anor [2016] FCCA 826

    13 Apr 2016

    MIGRATION – Judicial review of decision of Refugee Review Tribunal (Tribunal) affirming the decision of a delegate of the first respondent not to grant the applicant a Protection (Class XA) visa (Protection visa) – whether Tribunal failed to consider evidence – whether Tribunal acted irrationally – whether Tribunal was biased – no jurisdictional error.

  • MZAQY & Ors v Minister for Immigration & Anor [2016] FCCA 818

    18 Mar 2016

    MIGRATION – Review of a decision by the Refugee Review Tribunal – application for Protection (Class XA) visa – no jurisdictional error – application dismissed.

  • Tangilanu v Minister for Immigration [2016] FCCA 815

    21 Mar 2016

    MIGRATION – Show cause hearing – no arguable case – application for judicial review dismissed pursuant to Rule 44.12 of the Federal Circuit Court Rules 2001.

  • Neena & Anor v Minister for Immigration & Anor [2016] FCCA 881

    15 Apr 2016

    MIGRATION – Review of former Migration Review Tribunal decision – refusal of student visas – principal applicant found not to be a genuine temporary entrant – no jurisdictional error.

  • McNeill v Australian Glass Group Pty Ltd and McNeill v Australian Glass Group [2016] FCCA 767

    08 Apr 2016

    INDUSTRIAL LAW – Small claims.

  • Kalia v Minister for Immigration & Anor [2016] FCCA 814

    23 Mar 2016

    MIGRATION – Review of Refugee Review Tribunal decision – Temporary Business Entry Visa refusal – no jurisdictional error – application dismissed – applicant pay the respondent’s costs.

  • Josan v Minister for Immigration & Anor [2016] FCCA 493

    11 Mar 2016

    MIGRATION – Application for review of decision of Migration Review Tribunal affirming decision of delegate of Minister for Immigration and Border Protection to refuse to grant applicant a Skilled (Residence) visa – Application rejected for failure to meet public interest criterion – decision made with reference to material not provided to applicant – material suggested that applicant’s work reference was a “bogus document” – whether Tribunal required or authorised to refuse applicant’s request for access to material – Whether failure to provide material a breach of procedural fairness – whether declaratory relief should be granted to applicant.

    COSTS – Applicant successful in proceedings – amended application filed with substantially altered grounds and relief sought – whether the first respondent should pay costs only after the filing of the amended application.

  • CDS15 v Minister for Immigration & Anor [2016] FCCA 813

    21 Mar 2016

    MIGRATION – Review of Refugee Review Tribunal decision – refusal for extension of time – no jurisdictional error – application dismissed – Applicant pay the respondent’s costs.

  • ATH15 v Minister for Immigration & Anor [2016] FCCA 837

    19 Apr 2016

    MIGRATION – Visa – protection visa – request for impermissible merits review – application dismissed.

  • ASU15 v Minister for Immigration & Anor [2016] FCCA 715

    19 Apr 2016

    MIGRATION – Visa – protection visa – impermissible merits review – application dismissed.

  • ARO15 v Minister for Immigration & Anor [2016] FCCA 799

    19 Apr 2016

    MIGRATION – Visa – protection visa – “fresh claims” – impermissible merits review – application dismissed.

  • Zammit & Taffey & Anor [2016] FCCA 211

    09 Feb 2016

    CHILD SUPPORT – Administrative Appeals Tribunal – whether the Tribunal failed to apply the correct test – whether the Tribunal’s findings were against the weight of the evidence – no jurisdictional error – application dismissed.

  • Singh v Minister for Immigration & Anor [2016] FCCA 592

    14 Mar 2016

    MIGRATION – Administrative review – review of Administrative Appeals Tribunal decision – no grounds established – no appearance by applicant – application dismissed – costs.

  • Fair Work Ombudsman v Lu's Healthcare Pty Ltd & Anor (No.2) [2016] FCCA 506

    16 Mar 2016

    INDUSTRIAL LAW – Application for pecuniary penalties – admitted contraventions of Fair Work Act 2009 (Cth) – course of conduct – grouping – appropriate penalty.

  • Barnes v Hatch Associates Pty Ltd (No.2) [2016] FCCA 497

    05 Feb 2016

    COSTS – Reserved costs – costs pursuant to schedule 1 of Federal Circuit Court Rules2001 – unreasonable act.

  • Bajwa v Minister for Immigration & Anor [2016] FCCA 533

    12 Feb 2016

    MIGRATION – Review of a decision of the Migration Review Tribunal – application for a Student (Temporary) (Class TU) visa – no merit to the application – application dismissed.

  • AOT15 v Minister for Immigration & Anor [2016] FCCA 470

    04 Mar 2016

    MIGRATION – Review of decision of the former Refugee Review Tribunal – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error

  • AJV15 v Minister for Immigration & Anor [2016] FCCA 505

    15 Mar 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal failed to meet its obligations under s.425 of theMigration Act 1958 (Cth) – whether the Tribunal constructively failed to consider the applicant’s claim of being persecuted by pro-government militias in Sri Lanka – whether the Tribunal failed to consider the applicant’s claim that he would face persecution upon return to Sri Lanka – no jurisdictional error – application dismissed.

  • AJJ15 v Minister for Immigration & Anor [2016] FCCA 482

    15 Mar 2016

    MIGRATION – Protection visa – review of decision of Refugee Review Tribunal – whether the Tribunal failed to consider or respond a claim – principles to be applied – Tribunal’s misunderstanding of claim did not affect decision – whether Tribunal failed to comply with Ministerial Direction No.56 – intentional infliction of harm – no jurisdictional error – application dismissed.

  • AFI15 v Minister for Immigration & Anor [2016] FCCA 331

    15 Mar 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether misconduct of the applicant’s authorised recipient should have been taken into consideration by the Tribunal – whether the Tribunal considered all of the applicant’s claims – no jurisdictional error – application dismissed.

  • SZVXS v Minister for Immigration & Anor [2016] FCCA 415

    01 Mar 2016

    MIGRATION – Review of decision of the former Refugee Review Tribunal – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • SZUNC v Minister for Immigration & Anor [2016] FCCA 479

    11 Mar 2016

    MIGRATION – Judicial review of decision of Refugee Review Tribunal (Tribunal) – whether Tribunal applied incorrect legal test – whether the Tribunal failed to consider applicant’s claims that she would face harm in her country of nationality – whether Tribunal obliged to give to the applicant particulars of country information – no jurisdictional error.

  • SZUIP v Minister for Immigration & Anor [2016] FCCA 484

    11 Mar 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal (Tribunal) – whether Tribunal considered applicant’s claims – whether Tribunal gave to the applicant an opportunity to address a matter relevant to the genuineness of a document on which the applicant relied – no jurisdictional error.

  • Shahpari & Ors v Minister for Immigration & Anor [2016] FCCA 513

    11 Mar 2016

    MIGRATION – Application for review of a decision by the Administrative Appeals Tribunal not to grant the applicant a business skills residence visa – relevant business effecting extremely modest sales in the relevant period – whether business “actively operating” – whether the Administrative Appeals Tribunal applied correct test – factual issue, not a legal issue – whether the Administrative Appeals Tribunal acted illogically or unreasonably – no jurisdictional error found in any of the three grounds alleged – application dismissed.

  • Phan v Minister for Immigration & Anor [2016] FCCA 522

    11 Mar 2016

    MIGRATION – Judicial review – partner visa – Tribunal found applicant did not comply with s.5F and reg.1.15A – no jurisdictional error established.

  • On v Minister for Immigration & Anor [2016] FCCA 481

    11 Mar 2016

    MIGRATION – Review of Migration Review Tribunal decision (Tribunal) – whether Tribunal erred in concluding it had no jurisdiction to determine the applicant’s application for a review of the delegate’s decision (Decision) not to grant the applicant a Partner (Migrant) (Class BC) visa because the applicant is taken to have received the document recording the Decision more than 21 days before the applicant applied to the Tribunal for review of the Decision – whether error in the address to which the delegate dispatched the Decision had the consequence of the delegate not dispatching the letter to the address notified by the applicant – error in the address had no such consequence – the Tribunal had no jurisdiction to determine application for review.

  • Low v Maye (No.2) [2016] FCCA 510

    10 Mar 2016

    BANKRUPTCY – Application for orders in relation to costs and administration of bankruptcy and distribution of dividends.

  • Kaur v Minister for Immigration & Anor [2016] FCCA 512

    11 Mar 2016

    MIGRATION – Application for review of a decision by the Administrative Appeals Tribunal – applicant contends the Administrative Appeals Tribunal fell into jurisdictional error by taking into account irrelevant considerations and denying the applicant procedural fairness – whether decision of the Administrative Appeals Tribunal limited to a consideration of credibility only – whether the Administrative Appeals Tribunal considered matters after the date of the visa application – consideration of relevant legislation and applicable authorities – jurisdictional error found – writs issued.

  • Chien v Minister for Immigration & Ors [2016] FCCA 491

    10 Mar 2016

    ADMINISTRATIVE LAW – CITIZENSHIP – Application for citizenship for child – application by one parent – where parent divested of parental responsibility by overseas divorce agreement – where application tainted by fraud – where applicant had no interest in the outcome of the proceedings.

  • Walker v Sell [2016] FCCA 452

    03 Mar 2016

    CONSUMER LAW – Misleading or deceptive conduct – no reasonable reliance by the applicant upon any representation made by the respondent – application dismissed.

  • SZVYV v Minister for Immigration & Anor [2016] FCCA 471

    03 Mar 2016

    MIGRATION – Review of decision of former Refugee Review Tribunal – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • SZUEP & Anor v Minister for Immigration & Anor [2016] FCCA 434

    02 Mar 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal failed to consider a relevant integer of the applicants’ claims – whether the Tribunal failed to adequately consider the first applicant’s claims in relation to relocation – no jurisdictional error – application dismissed.

  • Singh & Anor v Minister for Immigration & Anor [2016] FCCA 436

    09 Mar 2016

    MIGRATION – Visa – student visa – impermissible merits review.

  • Sikander v Minister for Immigration & Anor [2016] FCCA 465

    10 Mar 2016

    MIGRATION – Application to review decision of Migration Review Tribunal – whether the Tribunal failed to comply with s.359A of the Migration Act 1958 (Cth).

  • Nguyen v Minister for Immigration & Anor [2016] FCCA 480

    10 Mar 2016

    MIGRATION – Visa – medical treatment visa – no treatment plan or concluded arrangements for costs of treatment – failed attempt to electronically provide post-hearing information to Tribunal.

  • Holcim (Australia) Pty Ltd v Nolan [2016] FCCA 440

    02 Mar 2016

    BANKRUPTCY – Whether the proceedings should be adjourned pending the determination of separate proceedings – separate proceedings involving unrelated third party – likely deficiency of assets regardless of success of other proceedings – adjournment refused – sequestration order made.

  • Director of the Fair Work Building Industry Inspectorate v Vink & Anor [2016] FCCA 488

    09 Mar 2016

    INDUSTRIAL LAW – Penalty hearing – unlawful industrial action under the Fair Work Act 2009 (Cth) – accessorial liability of Union organiser – CFMEU taken to have committed contravention – imposition of appropriate penalty –  relevant factors

  • CRL15 v Minister for Immigration & Anor [2016] FCCA 430

    02 Mar 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – application for reinstatement – whether the applicant had sufficient reasons for non-attendance at the first court date – whether the applicant has a sufficiently arguable case – no arguable case – application in a case dismissed.

  • CBD15 & Ors v Minister for Immigration & Anor [2016] FCCA 486

    09 Mar 2016

    MIGRATION – Whether administrative appeals tribunal’s decision infected by jurisdictional error – no jurisdictional error

  • Capital Finance Australia Ltd v Cheung and Burness & Anor as Trustees v Cheung and Cheung v Burness & Anor as Trustees & Anor [2016] FCCA 352

    03 Mar 2016

    BANKRUPTCY – Application for extension of time to review decision of a Registrar to make a Sequestration Order – order made in February 2011 based on Magistrates Court judgment in 2010 – bankrupt asserting judgment based on fraudulent documentation – whether bankrupt aware of Magistrates Court proceeding – whether bankrupt served with Bankruptcy Notice and/or Creditor’s Petition – court concluding that the bankrupt executed the allegedly forged documentation, contrary to her denials – court accepting bankrupt fully aware of Bankruptcy Notice and Petition – delay not at all adequately explained – prospects of success if time extended minimal – application for extension of time dismissed.

  • CAA15 & Ors v Minister for Immigration & Anor [2016] FCCA 487

    08 Mar 2016

    MIGRATION – Whether administrative appeals tribunal’s decision infected by jurisdictional error – no jurisdictional error

  • Bani Hani v Minister for Immigration & Anor [2016] FCCA 483

    10 Mar 2016

    MIGRATION – Application to review decision of Migration Review Tribunal – whether the Tribunal failed to comply with s.359A of Migration Act 1958 (Cth) – whether decision based upon critical factual error such as to establish jurisdictional error.

  • ABD15 v Minister for Immigration & Anor [2015] FCCA 2899

    01 Dec 2015

    MIGRATION – Refugee Review Tribunal.

    PRACTICE & PROCEDURE – Show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – no arguable case for the relief claimed – application dismissed.

  • SZVXO v Minister for Immigration & Anor [2016] FCCA 444

    02 Mar 2016

    MIGRATION – Review of decision of the former Refugee Review Tribunal – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • SZUIK v Minister for Immigration & Anor [2015] FCCA 3596

    27 Mar 2015

    MIGRATION – Application for review of the decision of the Refugee Review Tribunal – no appearance by the applicant – application dismissed.

  • Swa v Minister for Immigration & Anor [2016] FCCA 437

    03 Mar 2016

    MIGRATION – Medical treatment visa – where Tribunal refused adjournment on basis of inadequate health practitioner certificate – where Court puts parties on notice of relevant Federal Court precedents – leave sought to discontinue judicial review application at hearing – costs of judicial review application.

    COSTS – Migration – where leave sought to discontinue judicial review application at hearing – whether costs payable – quantum – whether discontinuance at hearing “Any other case” for purposes of migration costs schedule.

  • Lin v Minister for Immigration & Anor [2016] FCCA 489

    24 Feb 2016

    MIGRATION – Migration Review Tribunal – Skilled (Residence) (Class VB) visa – IELTS test – bogus document – application for merits review – show cause hearing.

  • Gill v Minister for Immigration & Anor [2016] FCCA 472

    03 Mar 2016

    MIGRATION – Review of decision of former Migration Review Tribunal – cancellation of a student visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Dhaliwal & Anor v Minister for Immigration & Anor [2016] FCCA 445

    03 Mar 2016

    MIGRATION – Review of decision of former Migration Review Tribunal – refusal of student visas – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Barry & Anor v Coshott [2016] FCCA 381

    07 Mar 2016

    COSTS – Whether costs should be awarded – whether either party acted unreasonably in the conduct of the matter – no order as to costs.

  • Tayef v Minister for Immigration & Anor [2016] FCCA 455

    26 Feb 2016

    PRACTICE AND PROCEDURE – Application for adjournment of hearing of application for judicial review – whether the applicant has provided reasonable explanation for not being in a position to proceed – whether there would be any utility in granting the adjournment – whether the grounds on which the applicant seeks judicial review is arguable – application for adjournment refused.

    MIGRATION – Review of Migration Review Tribunal decision (Tribunal) – whether Tribunal misconstrued condition 8202(3) of Schedule 8 to Migration Regulations 1994(Cth) – whether decision of delegate, when exercising power to cancel visa under s.116of the Migration Act 1958 (Cth) (previous visa), that previous visa holder did not fail to comply with visa condition is relevant to determining whether the previous visa holder satisfied a criterion for the grant of a new visa, that criterion being that the previous visa holder complied with all conditions attached to the previous visa.

  • SZVXW & Ors v Minister for Immigration & Anor [2016] FCCA 450

    03 Mar 2016

    MIGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal ignored evidence – whether the Administrative Appeals Tribunal considered all claims made by the applicants – whether the Administrative Appeals Tribunal complied with Ministerial Direction No. 56 in compliance with section 499 of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.

  • SZVAX & Ors v Minister for Immigration & Anor [2016] FCCA 457

    04 Mar 2016

    MIGRATION – Judicial review of decision of Refugee Review Tribunal (Tribunal) not to grant applicants Protection (Class XA) visas (Protection visas) – applicant parents claim they fear the grandparents and extended family would coerce them to subject their applicant daughters to female genital mutilation (FGM) or that the grandparents themselves would ensure applicant daughters would undergo FGM – whether Tribunal considered evidence given by mother applicant that she had considered relocating within Egypt – whether such evidence was important to the reasoning on which the Tribunal relied for not being satisfied the applicant parents were credible – no jurisdictional error.

  • SZUYL v Minister for Immigration & Anor [2016] FCCA 405

    04 Mar 2016

    MIGRATION – Application for review of the Tribunal decision – whether Tribunal breached s.425 of the Migration Act 1958 (Cth) – whether Tribunal’s finding was illogical or unreasonable – no jurisdictional error found – application dismissed.

  • SZUTF v Minister for Immigration & Anor [2015] FCCA 3288

    03 Dec 2015

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – no appearance by the applicant – application dismissed.

  • SZUJC v Minister for Immigration & Anor [2016] FCCA 439

    04 Mar 2016

    MIGRATION – Judicial review of decision of Refugee Review Tribunal (Tribunal) not to grant applicant a Protection (Class XA) visa (Protection visa) – whether Tribunal misstated applicant’s evidence – whether Tribunal misstated or considered country information – no jurisdictional error.

  • SZUIM v Minister for Immigration & Anor [2016] FCCA 456

    04 Mar 2016

    MIGRATION – Review of decision by Refugee Review Tribunal – application to extend time – whether adequate and reasonable explanation for delay in making application – whether merit in grounds of substantive application – application for extension of time dismissed.

  • SZUID v Minister for Immigration & Anor [2014] FCCA 3205

    08 Oct 2014

    MIGRATION – Application for review of the decision of the Refugee Review Tribunal – no appearance by the applicant – application dismissed.

  • SZUDH v Minister for Immigration & Anor [2016] FCCA 413

    04 Mar 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – whether Tribunal considered a claim made – whether Tribunal breached s.424A of the Migration Act 1958 (Cth) – jurisdictional error found – writs issued.

  • SZUCO & Ors v Minister for Immigration & Anor [2016] FCCA 459

    15 Feb 2016

    MIGRATION – Persecution – review of Refugee Review Tribunal (“Tribunal”) decision – visa – protection visa – refusal.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that the tribunal ignored relevant material.

  • SZTTH v Minister for Immigration & Anor [2016] FCCA 438

    22 Feb 2016

    MIGRATION – Application for review of Tribunal’s decision – no appearance by the applicant – application dismissed.

  • Singh & Minister for Immigration & Anor [2016] FCCA 407

    01 Mar 2016

    MIGRATION – Review of a decision by the Migration Review Tribunal – application for a Partner (Temporary) (Class UK) visa – application made out of time – extension of time application – inadequate explanation for delay – application for extension of time dismissed.

  • KC v Minister for Immigration & Anor [2014] FCCA 3204

    26 May 2014

    MIGRATION – Application for review of the decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed.

  • Hu v Minister for Immigration & Anor [2016] FCCA 382

    03 Mar 2016

    MIGRATION – Ex parte application – interlocutory injunction – deportation – whether prima facie case – application for injunction refused.

  • Chan v Minister for Immigration & Anor [2014] FCCA 3206

    17 Nov 2014

    MIGRATION – Application for review of the decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed.

  • SZVYI v Minister for Immigration & Anor [2016] FCCA 411

    01 Mar 2016

    MIGRATION – Review of decision of the former Refugee Review Tribunal – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • SZUJL v Minister for Immigration & Anor [2016] FCCA 384

    25 Feb 2016

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • Singh v Minister for Immigration & Anor [2016] FCCA 429

    11 Feb 2016

    MIGRATION – Judicial review – non-appearance by the applicant – adjournment sought – medical certificate inadequate.

  • Singh v Minister for Immigration & Anor [2016] FCCA 426

    12 Feb 2016

    MIGRATION – Judicial review of cancellation of his student visa.

  • Sandhu v Minister for Immigration & Anor [2016] FCCA 425

    12 Feb 2016

    MIGRATION – Judicial review – show cause hearing – invitation to appear.

  • Sammut v Paul Leroy As Trustee Of The Bankrupt Estates Of Joanne De Rome & Geoffrey De Rome & Ors [2016] FCCA 348

    26 Feb 2016

    BANKRUPTCY – Application for order under s.178 of the Bankruptcy Act 1966 (Cth) in relation to a decision by a trustee in bankruptcy of two bankrupt estates to enter into an agreement with a creditor of the estates (Creditor), being the son of the bankrupts, who also claimed to hold a second mortgage over the principal asset of the estates – whether the applicant was a person affected by the trustee’s decision – whether the trustee ought to have obtained a formal valuation of the property before he entered into the agreement with the Creditor – whether the trustee should have informed the creditors of the estates of his view that the mortgage purportedly granted to the Creditor may have been void against the trustee – whether the trustee ought to have considered whether the Creditor had abandoned his claim to be a secured creditor – whether the trustee ought to have invited the creditors of the estates to provide funding for a formal valuation of the property and to fund proceedings to challenge the validity of the mortgage purportedly granted to the Creditor – whether the trustee ought to have submitted to the creditors for their approval the trustee’s proposal to enter into the agreement with the Creditor – whether the trustee misrepresented the effect of the agreement with the Creditor – whether it would be just and equitable to make an order in relation to the trustee’s decision to enter into the agreement with the Creditor assuming the trustee was required to obtain a formal valuation of the property, or to inform the creditors of the estates of his view that the mortgage may have been void, or to inform the creditors that the Creditor may have abandoned his claim to be a secured creditor, or to submit for the creditors’ approval the proposal to enter into the agreement with the Creditor.

  • Muhammad & Anor v Minister for Immigration & Anor [2016] FCCA 414

    03 Mar 2016

    MIGRATION – Judicial review – refusal of business skills visa – whether ownership interest in the business concerned – applicant’s shareholders in a company owning units in a unit trust carrying on a business – whether a shareholder in a company that carries on the business – whether error in application of Departmental Policy Advice Manual – whether decision unreasonable.

    WORDS AND PHRASES – “ownership interest”.

  • Mehdi v Minister for Immigration & Anor [2014] FCCA 3201

    06 Aug 2014

    MIGRATION – Application for review of the decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed.

  • Patel v Minister for Immigration & Anor [2016] FCCA 403

    23 Feb 2016

    MIGRATION – Student visa – review of Migration Review Tribunal (“Tribunal”) decision.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that it failed to consider relevant facts and law.

  • Fernando v Minister for Immigration & Anor [2016] FCCA 409

    01 Mar 2016

    MIGRATION – Review of Migration Review Tribunal decision – application for a Skilled (Residence) (Class VB) visa – jurisdictional error found – application allowed – declaration made – writs issues – remitted to the Tribunal.

  • Farooq v Minister for Immigration & Anor [2016] FCCA 376

    01 Mar 2016

    MIGRATION – Judicial review – Migration Review Tribunal decision – Student (Temporary) Class TU visa – whether jurisdictional error.

  • AZAFP v Minister For Immigration & Anor [2016] FCCA 398

    29 Feb 2016

    MIGRATION – Application for judicial review of decision of the Refugee Review Tribunal – jurisdictional error – application for extension of time – explanation for delay – prospects of success – application for adjournment on basis of ill health – application supported by a medical certificate – matters to be considered – explanation for delay was that the applicant sought intervention of minister – otherwise no explanation for delay proffered – prospect of success – application for extension of time refused.

  • SZUAR v Minister for Immigration & Anor [2016] FCCA 373

    28 Jan 2016

    MIGRATION – Persecution – review of Refugee Review Tribunal (“Tribunal”) decision – visa – protection visa – refusal.

    PRACTICE & PROCEURE – Application to reinstate proceedings summarily dismissed for non-attendance – relevant considerations.

  • Queensland Law Society v Warren [2016] FCCA 256

    05 Feb 2016

    BANKRUPTCY – Bankruptcy notice – creditors petition – sequestration order.

  • Puri v Minister for Immigration & Anor [2016] FCCA 395

    29 Feb 2016

    MIGRATION – Judicial review of Tribunal’s decision to cancel the applicant’s student visa.

  • Payne v South Australian Water Corporation (SA Water) [2016] FCCA 288

    26 Feb 2016

    INDUSTRIAL LAW – employment – alleged adverse action as a result of exercise of workplace right – applicant alleges he was terminated in his employment as a consequence of his industrial activities in the workplace – why was adverse action taken – standard of proof – finding that applicant was not dismissed because of his industrial activities – application dismissed.

  • Munckton & Laser Bean Pty Ltd T/A Muzz Buzz [2016] FCCA 410

    18 Feb 2016

    INDUSTRIAL LAW – Application for declarations and orders as a result of non-compliance with an order of the Fair Work Commission – breach of a civil remedy provision – orders for compensation.

  • Celand v Skycity Adelaide Pty Ltd [2016] FCCA 399

    29 Feb 2016

    INDUSTRIAL LAW – Employment – alleged adverse action as a result of exercise of workplace right – alteration of position of employment – injury and discrimination in employment – dismissal – causal relationship between adverse action and workplace right – constructive dismissal – nature of repudiatory conduct.

    EVIDENCE – Privilege against disclosure of settlement negotiations – application of section 131 of the Evidence Act and exception thereto – whether evidence is necessary to avoid court being misled – attempt to negotiate a settlement.

  • Arefin & Anor v Minister for Immigration & Anor [2016] FCCA 408

    01 Mar 2016

    MIGRATION – Review of decision of former Migration Review Tribunal – interlocutory dismissal of show cause application – non appearance of the applicant.

  • AJC15 v Minister for Immigration & Anor [2015] FCCA 3591

    07 Dec 2015

    MIGRATION – Application to reinstate application dismissed for want of appearance.

  • SZUSV v Minister for Immigration & Anor [2016] FCCA 267

    09 Feb 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – whether the Tribunal provided an “intelligible justification” – whether the Tribunal failed to afford the applicant “natural justice” – whether the Tribunal improperly exercised its power – no jurisdictional error – application dismissed.

  • Singh & Anor v Minister for Immigration & Anor [2016] FCCA 387

    26 Feb 2016

    COURTS AND JUDICIAL SYSTEM – Collateral attack – whether in an application for judicial review of a decision of the Migration Review Tribunal (Tribunal) affirming the decision of a delegate of the first respondent (Minister) not to grant the applicant a Skilled (Residence)(Class VB) visa (Skilled Visa) the Federal Circuit Court of Australia has jurisdiction to consider the validity of regulations made under s.504 of theMigration Act 1958 (Cth) (Act) and of instruments made purportedly pursuant to regulations made under s.504 of the Act – whether the validity of reg.1.15C of theMigration Regulations 1994 (Cth) (Regulations) or a written instrument made purportedly pursuant to reg.1.15C of the Regulations was relevant to determining whether the Tribunal made a jurisdictional error – Court has jurisdiction to determine the validity of reg.1.15C of the Regulations and of an instrument made pursuant to reg.1.15C.

    DELEGATED LEGISLATION – Validity – whether s.504 of the Act authorises the making of a regulation that confers on the Minister a discretion to specify by instrument in writing a score under an English language test in addition to the score and IELTS test prescribed in reg.1.15C of the Migration Regulations 1994 (Cth) (Regulations) – whether reg.1.15C of the Regulations is uncertain to the extent it prescribes a score in an IELTS test to demonstrate competence in English – whether reg.1.15C is irrational in permitting competence in English to be demonstrated by reference to the country of issue of passports that visa applicants may hold - whether instrument made purportedly pursuant to reg.1.15C of the Regulations is invalid because it purported to specify a score under a test that was incapable of being undertaken by anybody – whether invalidity of instrument made purportedly pursuant to reg.1.15C of the Regulations affects the validity of reg.1.15C of the Regulations.

    MIGRATION – Review of Migration Review Tribunal decision (Tribunal) – whether Tribunal acted unreasonably in refusing request for further time to undertake an IELTS test and provide results of that test – no jurisdictional error.

  • BVZ15 v Minister for Immigration & Anor [2016] FCCA 343

    19 Feb 2016

    MIGRATION – Application for protection visa – whether an extension of time should be granted pursuant to s.477(2) of the Migration Act 1958 – consideration of merits of substantive application – whether Tribunal erred by failing to make inquiries into a critical fact – whether Tribunal erred in making a finding of fact without any evidence – whether Tribunal’s decision was irrational or illogical – whether Tribunal failed to consider a claim or an integer of a claim made by the applicant – whether Tribunal unreasonably refused to adjourn its hearing – whether Tribunal conducted hearing so as to prevent the applicant from meaningfully appearing before it – finding that Tribunal’s refusal to adjourn the hearing was unreasonable in a legal sense – finding that the substantive merits of the applicant’s claim proven – finding that there was a reasonable explanation for the delay in filing an application for judicial review – extension of time granted – finding that Tribunal’s decision affected by jurisdictional error – orders that Tribunal decision quashed and matter remitted to be determined according to law.

  • Wu v Minister for Immigration & Anor [2016] FCCA 342

    19 Feb 2016

    MIGRATION – Where education provider (first education provider) issued a certificate under s.19 of the Education Services for Overseas Students Act 2000 (Cth) – where delegate decided not to cancel the Applicant’s student visa under s.116 of the Migration Act 1958 (Cth) – where Applicant enrolled in and commenced study at another education provider (second education provider) – where another delegate refused to grant the Applicant a further visa, because the Applicant did not meet the applicable criteria: cl.573.235 of sch.2 of the Migration Regulations 1994 (Cth) (“the Regulations”) – whether the second education provider was “the education provider” for the purpose of condition 8202(3)(a) of Sch.8 of the Regulations – whether Applicant had substantially complied with cl.573.235 of sch.2 of the Regulations – whether condition 8202 of Sch.8 of the Regulations is invalid.

  • SZVJZ v Minister for Immigration & Anor (No.2) [2016] FCCA 391

    18 Feb 2016

    MIGRATION – Application under r.44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth) to dismiss an application for judicial review of a decision of the Refugee Review Tribunal – whether applicant has raised an arguable case for the relief he seeks – no arguable case for relief raised – application dismissed.

  • SZUJN v Minister for Immigration & Anor [2016] FCCA 362

    26 Feb 2016

    MIGRATION – Judicial review – application for review of recommendation made by an independent protection assessor (IPA) that applicant not be recognised as a person to whom Australia has protection obligations – whether IPA’s duty to accord procedural fairness required IPA to confront applicant with previous inconsistent statement on the basis of which the IPA in part relied for making an adverse credibility finding in relation to the applicant – whether IPA failed to consider psychological opinion – IPA failed to accord procedural fairness to applicant.

  • SZUEW & Anor v Minister for Immigration & Anor [2016] FCCA 378

    24 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether errors in the interpreting of the first applicant’s oral submissions denied the applicants a fair hearing – whether the Tribunal’s adverse credibility findings were severable – interpreting errors hindered applicants’ ability to put case to Tribunal – jurisdictional error identified – application allowed – writs issued.

  • SZUAZ v Minister for Immigration & Anor [2016] FCCA 393

    12 Feb 2016

    MIGRATION – Persecution – review of Refugee Review Tribunal (“Tribunal”) decision – visa – protection visa – refusal.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that it failed to consider all the material before it.

  • Padmanabhan & Anor v Minister for Immigration & Anor [2016] FCCA 339

    19 Feb 2016

    MIGRATION – Application for a skilled migration visa – applicant sought an adjournment to allow her to obtain a successful assessment from Trades Recognition Australia – whether the Tribunal’s decision refusing to grant an adjournment was legally unreasonable – application dismissed.

  • MZAHC & Ors v Minister for Immigration & Anor [2016] FCCA 340

    19 Feb 2016

    MIGRATION – Application for Protection visa – whether decision of the Tribunal refusing to grant the applicant a second adjournment of the scheduled hearing date was legally unreasonable – principles relevant to the consideration of legal unreasonableness – held that the decision of the Tribunal refusing to grant the applicants an adjournment of the scheduled hearing was unreasonable in a legal sense – Tribunal decision set aside and matter remitted to the Tribunal for reconsideration according to law.

  • Kolan v Minister for Immigration & Anor [2016] FCCA 341

    19 Feb 2016

    MIGRATION – Application for student visa – whether the applicant was denied procedural fairness because of the conduct by the Tribunal Member during the hearing – whether applicant denied opportunity to give evidence and present arguments – whether Tribunal’s refusal to grant an adjournment was unreasonable in a legal sense – whether the Tribunal decided the review on the basis of the class of Indian students studying in the vocational education and training sector without having regard to the applicant’s personal circumstances – application for judicial review dismissed.

  • KC v Minister for Immigration & Anor [2016] FCCA 354

    22 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student (Temporary) (Class TU) visa – whether the Tribunal gave the applicant sufficient time for filing of further documents – no jurisdictional error – application dismissed.

  • CBX15 v Minister for Immigration & Anor [2016] FCCA 365

    23 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – statutory interpretation – whether the Tribunal had correctly put adverse information to the applicant – no jurisdictional error – application dismissed.

  • CBA15 v Minister for Immigration & Anor [2016] FCCA 355

    22 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal dialled to make adequate enquiries – whether the Tribunal failed to take the applicant’s medical issues into account – whether the Tribunal erred in making adverse credit findings against the applicant – no jurisdictional error – application dismissed.

  • Singh v Minister for Immigration & Anor [2016] FCCA 332

    18 Feb 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal, refusal of a partner visa – applicant’s marriage broken down – withdrawal of sponsorship – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Ahmed & Anor v Minister for Immigration & Anor [2016] FCCA 370

    29 Jan 2016

    MIGRATION – Whether in the administration of justice an extension of time pursuant to s.477(2) of the Migration Act 1958 (Cth) should be granted – application for an extension of time refused.

  • Yan v Minister for Immigration & Anor [2016] FCCA 237

    23 Feb 2016

    MIGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether, for the grant of a partner visa pursuant to cl.100.221(4) of the Migration Regulations 1994 (Cth), the applicant was required to be in a “married relationship” as defined ins.5F of the Migration Act 1958 (Cth) with the sponsor at the time the claimed family violence occurred – whether the Administrative Appeals Tribunal erred in finding that the applicant and the sponsor were not in a married relationship at the time the claimed family violence occurred – no jurisdictional error – application dismissed.

  • SZVKO v Minister for Immigration & Anor [2016] FCCA 349

    18 Feb 2016

    MIGRATION – Judicial review of decision of Refugee Review Tribunal (Tribunal) – whether Tribunal considered applicant’s claims – whether Tribunal biased – no jurisdictional error.

  • SZUIJ v Minister for Immigration & Anor [2016] FCCA 247

    23 Feb 2016

    MIGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal complied with its obligation to afford the applicant a fair hearing pursuant to s.425 of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal contravened s.426 of the Migration Act 1958 (Cth) in failing to obtain evidence from the applicant’s proposed witnesses at the hearing – no jurisdictional error – application dismissed.

  • SZTPL v Minister for Immigration & Anor [2016] FCCA 361

    24 Feb 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – whether Tribunal breached s.425 of the Migration Act 1958 (Cth) – jurisdictional error found – application allowed.

  • Singh v Minister for Immigration & Anor (No.2) [2016] FCCA 279

    23 Feb 2016

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE & PROCEDURE – Application in a Case for reinstatement – whether applicant’s explanation for non-appearance at scheduled final hearing is satisfactory – whether application for judicial review of the decision of the Migration Review Tribunal has sufficient prospects of success such that there is utility in reinstating the proceeding – application refused.

  • Hossam v Minister for Immigration & Anor [2016] FCCA 98

    23 Feb 2016

    ADMINISTRATIVE LAW – Application for extension of time within which to bring proceedings – insignificant delay – opposition withdrawn – time extended.

    MIGRATION – Application for Partner (UK) visa – review of decision of the Migration Review Tribunal – whether the Tribunal failed to notify the applicant of a hearing date – whether misconduct of the applicant’s authorised recipient should have been taken into consideration by the Tribunal – no jurisdictional error – application dismissed.

  • Fair Work Ombudsman v Quality Food World Pty Ltd [2016] FCCA 207

    11 Feb 2016

    INDUSTRIAL LAW – Fair Work – awarding penalties under the Fair Work Act 2009 – consideration of factors relevant to the amount of penalty.

  • Fair Work Ombudsman v Kleen Group Pty Ltd & Anor [2016] FCCA 278

    23 Feb 2016

    INDUSTRIAL LAW – Determination of penalty pursuant to s.546 of the Fair Work Act 2009 (Cth) – failure by the First Respondent to comply with a Notice to Produce issued under s.712 of the Fair Work Act 2009 (Cth) – involvement of Second Respondent in the contravention by the First Respondent pursuant to s.550 of the Fair Work Act 2009(Cth) – whether an order should be made pursuant to s.545 of the Fair Work Act 2009(Cth) requiring the First Respondent to comply with the Notice to Produce – whether A pecuniary penalty should be imposed on the First Respondent for breach of s.712 of theFair Work Act 2009 (Cth) – whether A pecuniary penalty should be imposed on the Second Respondent for his involvement in the contravention by the First Respondent.

  • Fair Work Ombudsman v Goldfinger Facility Management Pty Ltd & Anor [2016] FCCA 356

    23 Feb 2016

    INDUSTRIAL LAW – Alleged breach of award – application for declarations, orders for payment and payment of pecuniary penalties – whether bankruptcy a bar to imposition of civil penalties – whether public interest served by continuance of proceedings.

    PRACTICE AND PROCEDURE – Application for substituted service –difficulty in serving second respondent – test for substituted service.

  • Dwyer & Anor v Broken Hill Musicians Club Ltd & Anor [2016] FCCA 95

    23 Feb 2016

    INDUSTRIAL LAW – Dismissal from employment – adverse action – consideration of the reason for the dismissal.

  • Chaichian v Minister for Immigration & Anor [2016] FCCA 350

    23 Feb 2016

    MIGRATION – Partner visa – review of decision of Migration Review Tribunal – non-judicially determined claim of family violence – statutory declarations in support failed to comply with reg.1.26 of Migration Regulations 1994 (Cth) – claimed violence occurred after relationship had ended – whether Tribunal’s finding was open to it – whether the Tribunal misunderstood criteria or applied incorrect criteria – whether Tribunal failed to take into consideration information – whether Tribunal erred by taking into consideration independent expert report – application dismissed.

  • AGF15 v Minister for Immigration & Anor [2016] FCCA 318

    23 Feb 2016

    MIGRATION – Protection visa – review of decision by Refugee Review Tribunal – whether the Tribunal considered the applicant’s circumstances to fear harm because of his religion, ethnicity and membership of social group – whether the Tribunal made illogical and inconsistent findings – whether the Tribunal considered irrelevant information – no jurisdictional error – application dismissed.

  • Salby v Macquarie University & Anor [2016] FCCA 3

    22 Feb 2016

    INDUSTRIAL LAW – Dismissal from employment – general protections – alleged adverse action – complaints raised in the course of employment – dismissal following a disciplinary process.

    CONTRACT – Alleged breach of employment contract.

    CONSUMER PROTECTION – Alleged misrepresentation in relation to prospective employment.

  • Rosa v Daily Planet Australia Pty Ltd & Anor [2016] FCCA 312

    17 Feb 2016

    INDUSTRIAL LAW – Application under Fair Work Act – failure to pay entitlements under award – whether part time or full time – adverse action claim – threat of dismissal if employee refused to sign casual employee contract

  • Rogalski & Anor v PMP Print Pty Ltd [2016] FCCA 281

    15 Feb 2016

    INDUSTRIAL LAW – Fair Work – no matter of principle

  • MZACM & Anor v Minister for Immigration & Anor [2016] FCCA 299

    16 Feb 2016

    MIGRATION – Application for judicial review of decision of Refugee Review Tribunal – no matters of principle.

  • Muker v Minister for Immigration & Anor [2016] FCCA 204

    18 Feb 2016

    MIGRATION – Migration Review Tribunal – visa – student visa – merits argument not establishing jurisdictional error.

  • Hindu Society Of Victoria (Australia) Inc v Fair Work Ombudsman [2016] FCCA 221

    11 Feb 2016

    INDUSTRIAL LAW – Application under Fair Work Act.

  • Fair Work Ombudsman v Openica Logistics Pty Ltd & Anor [2016] FCCA 159

    11 Feb 2016

    INDUSTRIAL LAW – Application under Fair Work Act – Failure to pay living away from home allowances and casual loading – failure to pay wages – failure to provide payslips – medium sized business – penalties – whether two penalties should apply.

  • Fair Work Ombudsman v Aldred [2016] FCCA 220

    10 Feb 2016

    INDUSTRIAL LAW – Fair Work – awarding penalties under the Fair Work Act 2009 – consideration of factors relevant to the amount of penalty.

  • Fair Work Ombudsman v AAA Aussie Emergency Glass Pty Ltd [2016] FCCA 280

    15 Feb 2016

    INDUSTRIAL LAW – Fair Work – awarding penalties under the Fair Work Act 2009 – consideration of factors relevant to the amount of penalty.

  • CER15 v Minister for Immigration & Anor [2016] FCCA 329

    18 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection visa – whether Tribunal erred in making adverse credit findings against applicant – whether the applicant was properly notified of Tribunal date – whether applicant was denied procedural fairness – whether the Tribunal was biased – whether the Tribunal applied the correct test in relation to complementary protection – no jurisdictional error – application dismissed.

  • Australian Federation Of Air Pilots v Regional Express Holdings [2016] FCCA 316

    17 Feb 2016

    INDUSTRIAL LAW – Compliance and enforcement – Civil remedies – pecuniary penalty orders – proceedings for penalties – parties – authority of Industrial Associations to bring action – no evidence of members being affected – affected employees eligible for membership.

  • Zhang v Minister for Immigration & Anor [2016] FCCA 298

    15 Feb 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal – cancellation of a student visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • SZVKX & Ors v Minister for Immigration & Anor [2016] FCCA 324

    08 Feb 2016

    MIGRATION – application to review decision of Refugee Review Tribunal – no jurisdictional error.

  • Pioneer Glass Pty Ltd v Minister for Immigration & Anor [2016] FCCA 1

    19 Feb 2016

    MIGRATION – Review of former Migration Review Tribunal decision –sponsorship application – Tribunal finding that it lacked jurisdiction – whether the review applicant had made a valid review application, including payment of the filing fee considered.

  • Park & Anor v Minister for Immigration & Anor [2016] FCCA 4

    19 Feb 2016

    MIGRATION – Review of former Migration Review Tribunal decision – temporary business visa application – Tribunal finding that it lacked jurisdiction – whether the review applicants had made a valid review application considered.

  • MZALP v Minister for Immigration & Anor [2015] FCCA 3586

    17 Dec 2015

    MIGRATION – Application to reinstate proceedings – Protection (Class XA) visa application – application dismissed – no matters of principle.

  • Khan v Minister for Immigration & Anor [2016] FCCA 333

    19 Feb 2016

    MIGRATION – Review of Migration Review Tribunal decision (Tribunal) – application for Long-Stay Temporary Business Entry (Class UC) subclass 457 visa – whether the position and tasks for which the applicant claimed he was employed were associated with the nominated occupation in relation to the applicant – whether, if such position was associated with the nominated occupation in relation to the applicant that position was genuine – whether the Tribunal understood the tasks it was required to undertake to determine those questions – whether, on the material before the Tribunal, it was reasonably open to the Tribunal not to be satisfied that the applicant’s position was a position associated with the nominated occupation – if the applicant’s position was associated with the nominated occupation whether it was reasonably open to the Tribunal not to be satisfied the applicant’s position was genuine – no jurisdictional error.

  • Fair Work Ombudsman v Deborah Ruth Souris [2016] FCCA 345

    18 Feb 2016

    INDUSTRIAL LAW – Penalty hearing – failure to comply with compliance notices under Fair Work Act 2009 (Cth) – involvement of respondent in contraventions – accessorial liability – appropriate penalty.

  • Clifford v The Trustee for Healthy Hearing & Balance Care [2016] FCCA 322

    12 Feb 2016

    INDUSTRIAL LAW – FAIR WORK – SMALL CLAIM – dispute about payments on termination.

  • CBQ15 v Minister for Immigration & Anor [2016] FCCA 317

    17 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection visa – whether the Tribunal failed to properly apply the wrong test – whether the Tribunal failed to consider an integer of the applicant’s claim - no jurisdictional error – amended application dismissed.

  • BLL15 v Minister for Immigration & Anor [2016] FCCA 314

    18 Feb 2016

    MIGRATION – Review of Refugee Review Tribunal – visa protection – refusal of refugee status – whether lack of evidence – weight accorded to evidence – whether Tribunal imposed arbitrary standard of requisite knowledge of a religion.

  • SZTXS v Minister for Immigration & Anor [2016] FCCA 311

    18 Feb 2016

    MIGRATION – Application for review of the decision of the Administrative Appeals Tribunal – whether the Tribunal complied with s.425 of the Migration Act 1958 (Cth) –whether the Tribunal’s decision was illogical or irrational – allegation of bias – whether the Tribunal failed to take into account a relevant consideration – whether the applicant was afforded procedural fairness – jurisdictional error – application dismissed.

  • Shrestha v Minister for Immigration & Anor [2016] FCCA 303

    16 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Partner (Residence) (Class BS) visa – whether the applicant was an effective spouse of the sponsoring partner – whether the Tribunal erred in finding that the applicant and the sponsor were not in a genuine spousal relationship – whether the Tribunal erred in making an adverse credit finding against the applicant – no jurisdictional error identified – application dismissed.

  • Islam v Minister for Immigration & Anor [2016] FCCA 304

    16 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Regional Employer Nomination (Permanent) (Class RN) visa – whether the Tribunal should have granted the applicant an adjournment – whether there was any utility in granting the adjournment – no jurisdictional error – application dismissed.

  • Hinton v Alpha Westmead Private Hospital Pty Ltd [2016] FCCA 270

    11 Feb 2016

    HUMAN RIGHTS – Summary dismissal – whether the proceedings were an abuse of process – whether there was an arguable case – whether application is frivolous or vexatious – no arguable case – proceedings summarily dismissed.

  • Blackman v Leppard (No. 3) [2016] FCCA 272

    17 Feb 2016

    INDUSTRIAL LAW – Small claim – underpayment of wages – Court orders made – Court orders not complied with – Property Seizure and Sale Order issued – interpleader claim.

    PRACTICE AND PROCEDURE – Extension of time to file affidavit – consideration of factors for extension of time.

    PRACTICE AND PROCEDURE – Interpleader claim – whether any prospect of success.

  • AZAFL v Minister for Immigration & Anor [2016] FCCA 234

    18 Feb 2016

    MIGRATION – Application for extension of time within which to bring proceedings – significant delay – no reasonable explanation for delay – application dismissed.

  • WZATA v Minister for Immigration & Anor [2016] FCCA 305

    17 Feb 2016

    MIGRATION – Judicial review – Refugee Review Tribunal – Sri Lankan Tamil – whether jurisdictional error – whether lack of procedural fairness – whether bias – whether failure to consider complimentary protection provisions.

    PRACTICE AND PROCEDURE – Application for extension of time in which to file application – consideration of factors on an extension of time application.

  • ADA15 v Minister for Immigration & Anor [2016] FCCA 291

    17 Feb 2016

    MIGRATION – Protection visa – review of decision by Refugee Review Tribunal – whether the Tribunal was obliged to raise information with the applicant – whether the Tribunal complied with such an obligation – information found to have been given to the Tribunal by the applicant – application dismissed.

  • SZNKU v Minister for Immigration & Anor [2016] FCCA 214

    08 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – protection (class XA) visa – whether the Tribunal failed to consider an integer of the applicant’s claims – no jurisdictional error – application dismissed.

  • Heraud v Roy Morgan Research Ltd [2016] FCCA 185

    05 Feb 2016

    INDUSTRIAL LAW – whether Respondent contravened s.340 and s.351 of the Fair Work Act 2009 (Cth) (“the Act”) – seven contraventions pleaded – Applicant on maternity leave – Respondent engaged in restructuring of business – Applicant’s employment made redundant – whether failure to return Applicant to pre-parental leave position constituted adverse action within the meaning of s.342(1), Item 1(b) of the Act – whether creation of expectation of redeployment in alternative positions, which was later defeated, constituted adverse action within the meaning of s.342(1), Item 1(c) of the Act – found three contraventions of s.340 of the Act.

  • Collison v Brighton Road Enterprises Pty Ltd & Anor [2016] FCCA 186

    05 Feb 2016

    INDUSTRIAL LAW – whether the Respondents contravened ss.340 and 352 of the Fair Work Act 2009 (Cth) (“the Act”) – whether the First Respondent dismissed the Applicant’s employment for a reason, or for reasons that included, the reason that the Applicant exercised her workplace right to take personal leave, the reason that she proposed to take personal leave, the reason that she was entitled to the benefit of the Accident Compensation Act 1985 (Vic) and/or the reason that she made an inquiry with her solicitor – whether the First Respondent dismissed the Applicant, because she was absent temporarily due to injury or illness – the First Respondent found to have contravened s.340 of the Act – the Second Respondent taken, pursuant to s.550 of the Act, to have contravened s.340 of the Act.

  • Bridges v Norling trading as Itravel Forster [2016] FCCA 212

    09 Feb 2016

    COURTS AND JUDICIAL SYSTEM – Federal jurisdiction – collateral attack of administrative act - whether in a general protections court application made pursuant to s.370 of the Fair Work Act 2009 (Cth) (FW Act) the Federal Circuit Court of Australia has jurisdiction to determine whether a certificate issued by the Fair Work Commission (FWC) purportedly pursuant to s.368(3)(a) of the FW Act is valid.

    JUDICIAL REVIEW – Whether certificate issued by FWC purportedly pursuant to s.368(3)(a) of the FW Act was validly issued – whether validity of certificate issued purportedly pursuant to s.368(3)(a) of the FW Act depends on the person who claims to have been dismissed applying to the FWC under s.365 of the FW Act within 21 days after the dismissal took effect as required by s.366(1)(a) of the FW Act – whether the applicant was dismissed from her employment – whether such dismissal took effect more than 21 days before the applicant applied to the FWC.

    INDUSTRIAL LAW – Contract of employment – whether employer repudiated contract of employment – whether employee accepted the repudiation.

  • AWD15 v Minister for Immigration & Anor [2016] FCCA 226

    08 Feb 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (class XA) visa – whether the Tribunal correctly applied the test of serious harm – whether the hearing was procedurally fair – no jurisdictional error – application dismissed.

  • Reid & Douglas [2016] FCCA 821

    22 Jan 2016

    FAMILY LAW – Interim arrangements for care of child aged fifteen months – nature of interim hearing – family violence concerns – best interests – assessment of section 60CC factors in contexts of interim hearing – nature of child’s relationship with each parent – unilateral action – presumption of equal shared parental responsibility – considerations of practicality – considerations arising under section 65DAA(5).

  • Paynes & Friswell [2016] FCCA 819

    15 Apr 2016

    FAMILY LAW – Interim Parenting Orders – risk assessment exercise – where least risk for child is to reverse long-standing care arrangement by mother – where mother is in a violent, dysfunctional relationship and suffers mental health issues.

  • Friedrich & Harvey [2016] FCCA 123

    24 Mar 2016

    FAMILY LAW – Property – de facto relationship.

  • Robertson & Parnell & Anor [2016] FCCA 789

    31 Mar 2016

    FAMILY LAW – Children – Parenting Orders – best interests of the child – one child aged 10 years – parental responsibility- sole parental responsibility – application by paternal grandmother – mental health issues – where mother left court before her evidence was completed – where mother did not attend court on final hearing day.

  • Marshall & Armstrong [2016] FCCA 816

    12 Apr 2016

    CHILD SUPPORT – Departure from the Administrative Assessment – adjustment of income for the relevant periods – adjustment of cost percentage.

  • Carr & Satchell [2016] FCCA 644

    16 Mar 2016

    FAMILY LAW – Undefended hearing.

  • Baldock & Morrison & Anor [2016] FCCA 742

    22 Mar 2016

    FAMILY LAW – Interim arrangements for care of child aged ten years – mother terminally ill – applicant maternal grandmother seeks return of child to Adelaide area – child has limited relationship with father who lives in (omitted) region of Queensland – mother and father entered consent orders by means of which child placed in the care of the father – at the time child in care of maternal grandmother – father subsequently has removed child to (omitted) – mother wishes to relocate to Queensland – freedom of movement – nature of interim hearing – best interests.

  • White & Bagley [2016] FCCA 749

    24 Mar 2016

    FAMILY LAW – Undefended parenting proceeding.

  • Tuck & Johns & Anor [2016] FCCA 860

    15 Apr 2016

    CHILD SUPPORT – Appeal from AAT – no error of law.

  • Sartin & Sartin & Anor [2016] FCCA 800

    11 Apr 2016

    FAMILY LAW – Property – 24 year marriage – significant contributions by Wife’s parents – claim by Wife’s mother against the parties.

  • Rose & Mitchell [2016] FCCA 771

    14 Apr 2016

    FAMILY LAW – Property dispute – length of matrimonial relationship disputed but brief on any view – consideration of husband’s initial contribution – wife having primary care of young child – property pool to be divided 75/25 in favour of husband.

  • Doyle & Galbraith [2015] FCCA 3603

    23 Dec 2015

    FAMILY LAW – Children – Best interests – Neither parent acted in the best interests of the children in the past – Both parents have a history of drug and alcohol abuse – Mother has a history of significant mental illness.

    FAMILY LAW – Children – With whom a child lives – Best interests of child – Significant risk with both parents – Relocation – In the children’s best interests to relocate back to mothers residence in (omitted) where the children’s maternal and paternal families live – father’s work requires he is away from the home for long periods.

    FAMILY LAW – Children – Family violence issues – Children have been subjected to significant family violence.

  • Cole & Santos [2016] FCCA 674

    01 Apr 2016

    FAMILY LAW – Child – parenting orders – final orders – three children – best interests of the child considered – teenage children – teenage child subject to Orders – autism – commute.

    CHILD SUPPORT – Child support assessment – whether to depart from child support assessment - no special circumstances.

  • Baker & Baker [2016] FCCA 833

    22 Feb 2016

    FAMILY LAW – Costs – costs stemming from the determination of property adjustment proceedings – where costs are sought on an indemnity basis.

  • Zammit & Taffey & Anor [2016] FCCA 211

    09 Feb 2016

    CHILD SUPPORT – Administrative Appeals Tribunal – whether the Tribunal failed to apply the correct test – whether the Tribunal’s findings were against the weight of the evidence – no jurisdictional error – application dismissed.

  • Walker & Lee [2016] FCCA 230

    03 Feb 2016

    FAMILY LAW – Children – parenting orders – interim orders – Application in a Case – best interests of the child – where children are not spending time with father – family violence order previously made – whether children should move into an equal shared care arrangement – appointment of Independent Children’s Lawyer.

    PRACTICE AND PROCEDURE – Application in a Case – application must comply with Federal Circuit Court Rules 2001 Rule 4.02 by stating precisely and briefly the orders sought.

  • Waddell & Waddell [2016] FCCA 295

    18 Feb 2016

    FAMILY LAW − Whether the father’s time with children should be four nights or five nights.

  • Mayfield & Mayfield [2016] FCCA 385

    26 Feb 2016

    FAMILY LAW – Parenting proceedings commenced after Father over-held children – children returned to Mother’s care – Father fails to participate in proceedings and attend at final hearing – final hearing proceeds on an undefended basis – Father and his partner engage in serious family violence towards one of the children in front of the other child – found that equal shared parental responsibility not appropriate – Father’s time with children to commence on a supervised basis and unsupervised time by agreement with Mother and subject to Father completing a parenting course and men’s behavioural change program.

  • Hoskings & Hoskings & Anor (No.2) [2016] FCCA 386

    26 Feb 2016

    FAMILY LAW – Application for costs by Child Support Registrar in circumstances where the Applicant’s Amended Notice of Appeal was dismissed – balancing considerations with respect to the Applicant’s conduct and financial circumstances – application dismissed.

  • Gallagher & Sand & Anor [2016] FCCA 294

    17 Feb 2016

    FAMILY LAW – Parenting – whether there should be shared parental responsibility – Which parent the child lives with.

  • Cook & Cook [2016] FCCA 435

    24 Feb 2016

    FAMILY LAW – Interim parenting – application for watch list order is refused – international relocation.

  • Offer & Haggerty [2016] FCCA 129

    28 Jan 2016

    FAMILY LAW – Parenting – change in residence application for child to be returned to Mother’s primary care after significant period in Father’s care – very significant geographical distance between residence of each parent – Father unwilling to facilitate contact between child and her Mother – significance of child’s relationship with her younger sister who lives with her Mother – Father’s significant history of use of alcohol and violence which included time in gaol for assault while affected by alcohol – Father’s failure to file material pursuant to Court orders since August 2014 – Father granted leave to file further material and submissions after the trial but nothing filed despite assurances that he would do so.

  • Maddock & Barkin [2016] FCCA 41

    29 Jan 2016

    FAMILY LAW – Parenting – with whom the child should live – close relationships with both parents and extended family - determination as to the appropriateness of the presumption of equal shared parental responsibility – considerations arising from such a determination including whether equal time or significant and substantial time were reasonably practicable and in the best interests of the child – not practicable in the current geographic circumstances of the parties – consideration of those matters arising pursuant to sections 60B and 60CC – determination in a finely-balanced case of the significance of each party’s capacity to foster a relationship with the other party – consequential orders for the child to live with one parent and spend time with the other parent with alternatives depending upon the proximity of the parents’ residences in the future.

  • Cross & Hagan [2016] FCCA 136

    09 Feb 2016

    FAMILY LAW – De facto property settlement – child born during the relationship but not biological child of the respondent – contributions – s.90SF factors.

  • Martin & Wilson [2016] FCCA 235

    11 Feb 2016

    FAMILY LAW − Whether respondent’s superannuation lost in failed business after separation should be added back – whether relevant to s.90SF(3) considerations.

  • Cameron & Allard [2016] FCCA 22

    28 Jan 2016

    FAMILY LAW – Parenting orders – where father suffers from mental illness – whether risk of harm if children’s time unsupervised – expert psychiatric evidence – weight issues – where the father may not be accurately presenting the facts to his treating doctors – where father became obsessed with the litigation – whether the father is at risk of murder/suicide – where supervised time ordered.

  • Cable & Sampson [2016] FCCA 17

    12 Jan 2016

    FAMILY LAW – Parenting – allegations of family violence, drug and alcohol abuse – poor parental communication – sole parental responsibility to the mother.

  • Peacock & Pennington [2015] FCCA 2336

    28 Aug 2015

    FAMILY LAW – Parenting – spending time orders – parental responsibility.

  • Olson & Samuel [2016] FCCA 503

    09 Mar 2016

    FAMILY LAW – Parenting – relocation – family violence – unfounded sexual abuse allegations.

  • Hopkins & Radcliffe & Anor [2016] FCCA 229

    15 Feb 2016

    FAMILY LAW – Parenting orders – request for written reasons almost one year after matter dealt with essentially on an undefended basis – Father did not file any material in the two years prior to the trial – best interests of the child where he had been exposed to very significant family violence which led to significant behavioural and learning issues – intervention by Director-General.

  • Fenton & Fenton [2016] FCCA 135

    09 Feb 2016

    FAMILY LAW – Property – property pool – contributions – s.75(2) factors – spousal maintenance.

  • Cunningham & Cunningham (No.2) [2015] FCCA 1332

    12 Jun 2015

    FAMILY LAW – Application for parenting orders – competing applications for live with and spend time orders – dispute over parental responsibility – evidence of independent expert – where not in children’s best interests for their parents to have equal shared parental responsibility – where not in best interests to spend equal time – where in best interests to live with the mother and spend substantial and significant time with the father.

  • Child Support Registrar & Rawson [2016] FCCA 190

    02 Feb 2016

    CHILD SUPPORT – Enforcement – application for enforcement of arrears of child support and late payment penalties – where there was no appearance by or on behalf of the respondent – where application listed for undefended final hearing. 

    COSTS – Application for costs – where respondent wholly unsuccessful – order for costs.

  • Baldwin & Neilson [2016] FCCA 199

    03 Feb 2016

    FAMILY LAW – Children – parentage – declaration of parentage – one child born on (omitted) 2010 – where parentage testing procedure carried out.

  • Nave & Hadden [2016] FCCA 23

    27 Jan 2016

    FAMILY LAW – Ruling on costs application.

  • Mitchell & Mitchell [2015] FCCA 2793

    30 Sep 2015

    FAMILY LAW – Parenting – final parenting orders by consent in 2012 – where father files new application for parenting orders – where mother seeks dismissal of new application on basis of rule in Rice & Asplund – whether application should be dismissed – whether 2012 orders in children’s best interest.

  • Dickens & Carey [2015] FCCA 2331

    28 Aug 2015

    FAMILY LAW – Parenting – equal time – substantial and significant time.

  • COG15 v Child Support Registrar & Anor (No.2) [2015] FCCA 3523

    23 Dec 2015

    CHILD SUPPORT – Costs – whether the applicant should pay the first respondent’s costs – applicant wholly unsuccessful – applicant of limited means – applicant self-represented – no order for costs made.

  • Barclay & Paston [2015] FCCA 744

    02 Apr 2015

    FAMILY LAW – Property – de facto relationship – one child – loan alleged – spousal maintenance.

  • Lyon & Kelsey [2015] FCCA 1246

    02 Jul 2015

    FAMILY LAW – Parenting – child lives in Canberra with mother – spend time arrangements with father – whether child spends overnight with father – whether father requires supervision – whether changeover service is required –parenting courses – costs sought by Independent Children’s Lawyer.

  • Jervis & Bannon [2015] FCCA 3588

    16 Dec 2015

    FAMILY LAW – Parenting orders – children strongly aligned with father – father not following orders made by consent only months before – change in residence.

  • Corbett & Oakley [2015] FCCA 1959

    20 Jul 2015

    FAMILY LAW – De facto property – contributions – future needs – justice and equity.

  • Ross & Ross [2015] FCCA 2057

    06 Aug 2015

    FAMILY LAW – Property – Whether accepting a fair market value would do justice and equity to parties in a long marriage where one party seeks to retain home in a rising property market.

  • Montgomery & Montgomery & Anor [2015] FCCA 3578

    05 Nov 2015

    FAMILY LAW – Property – wife’s application for spousal maintenance granted – variation of orders – wife appointed trustee for sale of parties’ boat. 

    FAMILY LAW – Practice and Procedure – subpoena to third party to produce will – not relevant – subpoena dismissed.

  • McBurney & McBurney [2016] FCCA 100

    29 Jan 2016

    FAMILY LAW – Property proceedings – long marriage – post separation contributions – husband’s conduct – orders as sought by the wife.

  • Latham & Dillon & Anor [2015] FCCA 755

    02 Apr 2015

    FAMILY LAW – Property – loan from a family trust to one of the parties – contributions – justice and equity.

  • Irvine & Henderson [2015] FCCA 794

    02 Apr 2015

    FAMILY LAW – Parenting – discrete issue involving proposed international travel to (country omitted) – best interests of the child – Rice & Asplund.

  • Padley & Padley (No.2) [2015] FCCA 3576

    26 Nov 2015

    FAMILY LAW – Children – the presumption of equal shared parental responsibility rebutted and is to be exercised by the mother – father’s time with child suspended – father poses risk of harm to child due to his conduct and behaviour.

  • Kellett & Kellett [2015] FCCA 1649

    06 Aug 2015

    FAMILY LAW – Parenting – mother’s application to relocate to Queensland from Victoria – application opposed by the father – in best interests of the child to allow relocation.

  • Edmondson & Sables [2015] FCCA 3367

    18 Dec 2015

    FAMILY LAW – Parenting – difficult contested parenting relationship between parties – Father and child share a hearing disability – best interests considerations – Father’s conduct in effect a constant wearing down of the Mother – parents unable to communicate effectively – Father using “time with” as a bartering tool – Father’s focus on “quantity” of time with child not “quality” – Father’s focus on “fairness” rather than child’s best interests and equation of the two – Father’s inability to understand or appreciate child’s needs and the adverse impact of the contest with the Mother impacting negatively on the child.

  • Carlton & Kethel [2015] FCCA 3561

    29 Sep 2015

    FAMILY LAW – Contravention – summary dismissal.

  • Byrnes & Byrnes (No.2) [2015] FCCA 3577

    18 Nov 2015

    FAMILY LAW – Property – enforcement of interim property orders by wife – variation sought by husband – husband’s application dismissed.

  • Kellett & Kellett (No.2) [2015] FCCA 2692

    08 Oct 2015

    FAMILY LAW – Property – where both parties became bankrupt after proceedings commenced – minimal property – superannuation split – orders just and equitable.

  • Hopper & Hopper [2016] FCCA 84

    19 Jan 2016

    FAMILY LAW – Final parenting – competing parenting applications – future care arrangements – spend time with arrangements – complete termination of the children’s relationship with their father since separation of the parties – conceded family violence on behalf of the father – children exposed to verbal altercations and conflict between the parents – consideration of unacceptable risk – where the children’s views and recollections of their father have been influenced by the mother’s – resumption of time between the children and the father.

    FAMILY LAW – Property adjustment – competing property adjustment applications – contributions – superannuation – where the husband seeks to preserve his post separation contributions to superannuation – where the preservation of contributions to superannuation post separation cannot be mathematically calculated and settled authority suggests that such calculation would be in error – finding of equality of contribution – assessment of section 75(2) factors – adjustment made in favour of the wife.

  • Sparkes & Dalton [2016] FCCA 130

    28 Jan 2016

    FAMILY LAW – Parenting – change in child’s residence at earlier interim proceedings – very strong recommendations made by family consultant concerning risk of harm to child if he remained with his Mother as well as that the Mother should undergo a psychiatric assessment – Mother refused to undertake such assessment – Mother unable adequately to parent and care for child resulting in a role reversal – Mother’s relationship with child distorted with Mother refusing all assessments that the child does not have any relevant disorder – the Mother believes vehemently that the child suffers from a disorder such as autism – formal assessments reject the Mother’s view – the Father considered to be the better parent and the Father’s family with many siblings the best environment for the child.

  • Darley & Darley [2015] FCCA 317

    16 Feb 2015

    FAMILY LAW – Parenting – children’s surname.

  • Charles & Charles [2015] FCCA 365

    20 Feb 2015

    FAMILY LAW – Parenting – young children – wife’s capacity to promote relationship between the children and husband – children have good relationship with each parent.

    FAMILY LAW – Property – division – initial financial contributions – both parties seek to retain former matrimonial home – capacity to fund orders sought – “addbacks” – ss.75(2)(o) – s.(2) adds in favour of Wife.

  • Ballantyne & Ballantyne [2015] FCCA 500

    16 Apr 2015

    FAMILY LAW – Application for adult child maintenance – physical and mental disability conceded – whether maintenance necessary – whether amount sought necessary because of disability – whether duration of order should be fixed – whether order should be backdated.

  • Pace & Pace [2015] FCCA 3100

    24 Nov 2015

    FAMILY LAW – Parenting – assessment of competing proposals – whether there was an unacceptable risk of harm – wishes of the children and the weight to be given to those wishes.

  • Madden & Callanan [2016] FCCA 59

    22 Jan 2016

    FAMILY LAW – Interim parenting – where children manifesting serious sexualised behaviours – where disclosures made – whether unacceptable risk of harm or abuse in spending time with the father – transfer to Family Court of Australia at Sydney.

  • Duncan & Duncan [2014] FCCA 2729

    22 Dec 2014

    FAMILY LAW – Property – financial agreement – wife’s enforcement application – husband seeks to set aside agreement – whether there was an agreement – whether financial agreement should be set aside – whether impracticable or incapable of being performed.

  • Duncan & Duncan (No.3) [2015] FCCA 945

    30 Apr 2015

    FAMILY LAW – Application for costs – application by wife for enforcement response by husband seeking financial agreement be set aside or not enforced dismissed – subsequent order for payment of monies owing under financial agreement – application for costs by wife – whether costs order should be made – justifying circumstances – what order for costs should be made.

  • Duncan & Duncan (No.2) [2015] FCCA 944

    20 Feb 2015

    FAMILY LAW – Property – enforcement proceedings – binding financial agreement – enforcement of obligation.

  • Painter & Gale [2016] FCCA 61

    18 Jan 2016

    FAMILY LAW – Parenting – whether the father’s behaviour poses an unacceptable risk to children such that his time with them should be supervised indefinitely – spend time arrangements.

  • Pillai & Pillai (No.3) [2016] FCCA 128

    28 Jan 2016

    FAMILY LAW – Children – parenting Orders – parental responsibility – equal shared parental responsibility – sole parental responsibility – best interests of the children – need to protect the children from psychological harm – whether father’s time with the children should be supervised

  • Massey & Norris & Anor [2015] FCCA 3244

    04 Dec 2015

    FAMILY LAW – Children – parenting orders – assessment of competing contributions.

  • Banford & Banford [2015] FCCA 2425

    27 Aug 2015

    FAMILY LAW – Property adjustment proceedings – whether post-separation assets should be quarantined – dispute about liabilities accrued following separation – assessment of competing contributions – assessment of relevant future matters.

  • Weaver & Winters [2015] FCCA 3495

    15 Oct 2015

    FAMILY LAW – Parenting – ex parte application – future care arrangements – children withheld by father – allegations of significant and substantial family violence – history of departmental involvement – allegations of threats of filicide – recovery order issued.

  • Kingston & Mellor [2015] FCCA 3468

    11 Dec 2015

    FAMILY LAW – Application for change of venue.

  • Jefferson & Jefferson [2015] FCCA 3350

    19 Nov 2015

    FAMILY LAW – Property proceedings.

  • Adams & James [2015] FCCA 3417

    18 Dec 2015

    FAMILY LAW – Application for costs on solicitor/client basis – whether or not costs orders justified – whether or not the Federal Circuit Court costs scale should be departed from – conduct of respondent – proportionality of costs charged.

  • Connolly & Scaife & Anor [2016] FCCA 1519

    22 June 2016

    CHILD SUPPORT – STAY – Application for Stay – Orders made in Canada – application for stay of orders made by the Ontario Court Provisional Division pending final determination of the proceedings – where final relief sought under Family Law Act 1975 (Cth) s.66S – where substantive proceedings in Ontario were settled – no further need for stay – Application dismissed.
  • Connolly & Scaife & Anor [2016] FCCA 1519

    22 June 2016

    CHILD SUPPORT – STAY – Application for Stay – Orders made in Canada – application for stay of orders made by the Ontario Court Provisional Division pending final determination of the proceedings – where final relief sought under Family Law Act 1975 (Cth) s.66S – where substantive proceedings in Ontario were settled – no further need for stay – Application dismissed.

  • Sims v Jooste & Ors (No.2) [2016] FCCA 1468

    21 June 2016

    PRACTICE & PROCEDURE – CORPORATIONS – Application in a Case for inspection of company records – whether jurisdiction – whether false factual premise for application – whether orders ought to be made against existing parties or non-party – whether estoppel in relation to earlier factual findings by District Court of Western Australia remaining undisturbed on appeal and on an application for special leave to appeal – comity between federal and state courts.

    COURTS AND JURISDICTION – Whether Court has jurisdiction to hear application under Corporations Act 2001 (Cth) for inspection of company records.
  • Sims v Jooste & Ors (No.2) [2016] FCCA 1468

    21 June 2016

    PRACTICE & PROCEDURE – CORPORATIONS – Application in a Case for inspection of company records – whether jurisdiction – whether false factual premise for application – whether orders ought to be made against existing parties or non-party – whether estoppel in relation to earlier factual findings by District Court of Western Australia remaining undisturbed on appeal and on an application for special leave to appeal – comity between federal and state courts.

    COURTS AND JURISDICTION – Whether Court has jurisdiction to hear application under Corporations Act 2001 (Cth) for inspection of company records.

  • Saifuddin v Minister for Immigration & Anor [2016] FCCA 1497

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a medical treatment visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.
  • Saifuddin v Minister for Immigration & Anor [2016] FCCA 1497

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a medical treatment visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • CJB15 v Minister for Immigration & Anor [2016] FCCA 1514

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visa – interlocutory dismissal due to non-appearance of the applicant.
  • CJB15 v Minister for Immigration & Anor [2016] FCCA 1514

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visa – interlocutory dismissal due to non-appearance of the applicant.

  • Callahan & Callahan (No.2) [2016] FCCA 1459

    20 June 2016

    FAMILY LAW – Final ruling on form of orders.
  • Callahan & Callahan (No.2) [2016] FCCA 1459

    20 June 2016

    FAMILY LAW – Final ruling on form of orders.

  • WZAWB v Minister for Immigration & Anor [2016] FCCA 1345

    20 June 2016

    MIGRATION – Judicial review – Refugee Review Tribunal decision – Protection (Class XA) Visa – whether extension of time to file application for judicial review – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Extension of time to file application for judicial review – consideration of factors.
  • WZAWB v Minister for Immigration & Anor [2016] FCCA 1345

    20 June 2016

    MIGRATION – Judicial review – Refugee Review Tribunal decision – Protection (Class XA) Visa – whether extension of time to file application for judicial review – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Extension of time to file application for judicial review – consideration of factors.

  • CIS15 & Ors v Minister for Immigration & Anor [2016] FCCA 1504

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visas – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.
  • CIS15 & Ors v Minister for Immigration & Anor [2016] FCCA 1504

    20 June 2016

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visas – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Ghimire v Minister for Immigration & Anor [2016] FCCA 1440

    17 June 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal – cancellation of a higher education sector visa – visa holder ceasing to be an eligible higher degree student – no discretionary factors weighing against cancellation – whether the Tribunal erred by failing to consider the facts and circumstances upon which the visa was granted considered – no jurisdictional error.
  • Ghimire v Minister for Immigration & Anor [2016] FCCA 1440

    17 June 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal – cancellation of a higher education sector visa – visa holder ceasing to be an eligible higher degree student – no discretionary factors weighing against cancellation – whether the Tribunal erred by failing to consider the facts and circumstances upon which the visa was granted considered – no jurisdictional error.

  • Fair Work Ombudsman v Priority Matters Pty Ltd & Anor and Fair Work Ombudsman v Superlattice Solar & Anor Pty Ltd and Fair Work Ombudsman v Geneasys Pty Ltd & Anor and Fair Work Ombudsman v Kia Silverbrook & Anor and Fair Work Ombudsman v Mpowa Pty Ltd & Anor [2016] FCCA 1474

    17 June 2016

    NDUSTRIAL LAW – Fair Work Ombudsman – contravention of the Fair Work Act 2009 – whether corporations national system employers – whether the alleged contraventions by the corporate entity employer in respect of the alleged employee entitlements are proven – construction of awards – failure to pay entitlements owing to employees – notice to produce – whether accessorial liability by the director/directors in the alleged contraventions is proven – no accessorial liability.
  • Fair Work Ombudsman v Priority Matters Pty Ltd & Anor and Fair Work Ombudsman v Superlattice Solar & Anor Pty Ltd and Fair Work Ombudsman v Geneasys Pty Ltd & Anor and Fair Work Ombudsman v Kia Silverbrook & Anor and Fair Work Ombudsman v Mpowa Pty Ltd & Anor [2016] FCCA 1474

    17 June 2016

    NDUSTRIAL LAW – Fair Work Ombudsman – contravention of the Fair Work Act 2009 – whether corporations national system employers – whether the alleged contraventions by the corporate entity employer in respect of the alleged employee entitlements are proven – construction of awards – failure to pay entitlements owing to employees – notice to produce – whether accessorial liability by the director/directors in the alleged contraventions is proven – no accessorial liability.

  • Shrestha v Minister for Immigration & Anor [2016] FCCA 828

    17 June 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal – cancellation of a higher education sector visa – visa holder ceasing to be an eligible higher degree student – no discretionary factors weighing against cancellation – whether the Tribunal erred by failing to consider the facts and circumstances upon which the visa was granted considered – no jurisdictional error.
  • Shrestha v Minister for Immigration & Anor [2016] FCCA 828

    17 June 2016

    MIGRATION – Review of decision of the former Migration Review Tribunal – cancellation of a higher education sector visa – visa holder ceasing to be an eligible higher degree student – no discretionary factors weighing against cancellation – whether the Tribunal erred by failing to consider the facts and circumstances upon which the visa was granted considered – no jurisdictional error.

  • CJV15 v Minister for Immigration & Anor [2016] FCCA 1447

    17 June 2016

    MIGRATION – Judicial review – Protection (Class XA) visa – decision of Administrative Appeals Tribunal – whether fear of harm on a Convention ground – whether Tribunal unreasonable – whether Tribunal biased – whether jurisdictional error.
  • CJV15 v Minister for Immigration & Anor [2016] FCCA 1447

    17 June 2016

    MIGRATION – Judicial review – Protection (Class XA) visa – decision of Administrative Appeals Tribunal – whether fear of harm on a Convention ground – whether Tribunal unreasonable – whether Tribunal biased – whether jurisdictional error.

  • CVE15 v Minister for Immigration & Anor [2016] FCCA 1486

    17 June 2016

    IGRATION – Administrative Appeals Tribunal.

    PRACTICE & PROCEDURE – Show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – no arguable case for the relief claimed – application dismissed.
  • CVE15 v Minister for Immigration & Anor [2016] FCCA 1486

    17 June 2016

    IGRATION – Administrative Appeals Tribunal.

    PRACTICE & PROCEDURE – Show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – no arguable case for the relief claimed – application dismissed.

  • Fair Work Ombudsman v Step Ahead Security Services Pty Ltd & Anor [2016] FCCA 1482

    17 June 2016

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – contravention of Award entitlements to basic rate of pay and loadings – penalties imposed.
  • Fair Work Ombudsman v Step Ahead Security Services Pty Ltd & Anor [2016] FCCA 1482

    17 June 2016

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – contravention of Award entitlements to basic rate of pay and loadings – penalties imposed.

  • Fair Work Ombudsman v Mai Pty Ltd & Anor [2016] FCCA 1481

    17 June 2016

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – contravention of Award entitlements to basic rate of pay and loadings – penalties imposed.
  • Fair Work Ombudsman v Mai Pty Ltd & Anor [2016] FCCA 1481

    17 June 2016

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – contravention of Award entitlements to basic rate of pay and loadings – penalties imposed.

  • SZTYZ v Minister for Immigration & Anor [2016] FCCA 1443

    17 June 2016

    MIGRATION – Application to review decision of Administrative Appeals Tribunal (previously Refugee Review Tribunal) – whether the Tribunal constructively failed to exercise jurisdiction or failed to comply with s.425(1) of the Migration Act 1958 (Cth) – no jurisdictional error.
  • SZTYZ v Minister for Immigration & Anor [2016] FCCA 1443

    17 June 2016

    MIGRATION – Application to review decision of Administrative Appeals Tribunal (previously Refugee Review Tribunal) – whether the Tribunal constructively failed to exercise jurisdiction or failed to comply with s.425(1) of the Migration Act 1958 (Cth) – no jurisdictional error.

  • MZAFC v Minister for Immigration & Anor [2016] FCCA 1337

    16 June 2016

    IGRATION – Application for judicial review – Tribunal concluding applicant not applicant not facing harm as claimed in Sri Lanka – grounds of application, even as amended in oral submissions, clearly constituting merits review – Tribunal’s decision open on the facts before it – no jurisdictional error shown – application dismissed.
  • MZAFC v Minister for Immigration & Anor [2016] FCCA 1337

    16 June 2016

    IGRATION – Application for judicial review – Tribunal concluding applicant not applicant not facing harm as claimed in Sri Lanka – grounds of application, even as amended in oral submissions, clearly constituting merits review – Tribunal’s decision open on the facts before it – no jurisdictional error shown – application dismissed.

  • Pascoe & Pascoe [2016] FCCA 1401

    16 June 2016

    FAMILY LAW – Property – motor accident compensation – property bought and sold in Tasmania – property purchased through nominees in (country omitted) – wife returns to Tasmania with children – husband vacates (country omitted) property – property sold – credibility of husband’s evidence – inclusion of notional property in asset pool – wife’s greater contributions – husband’s tax-free income – lack of jurisdiction over funds in (country omitted) makes settlement inadequate.

    FAMILY LAW – Child Maintenance – husband resides in (country omitted) – duty of parents to maintain children – published research in relation to costs of children.

    FAMILY LAW – Children – whether children should be permitted to travel to (country omitted) – Hague Convention not applicable.
  • Pascoe & Pascoe [2016] FCCA 1401

    16 June 2016

    FAMILY LAW – Property – motor accident compensation – property bought and sold in Tasmania – property purchased through nominees in (country omitted) – wife returns to Tasmania with children – husband vacates (country omitted) property – property sold – credibility of husband’s evidence – inclusion of notional property in asset pool – wife’s greater contributions – husband’s tax-free income – lack of jurisdiction over funds in (country omitted) makes settlement inadequate.

    FAMILY LAW – Child Maintenance – husband resides in (country omitted) – duty of parents to maintain children – published research in relation to costs of children.

    FAMILY LAW – Children – whether children should be permitted to travel to (country omitted) – Hague Convention not applicable.

  • Wilson & Ors v Sellers & Ors [2016] FCCA 1425

    16 June 2016

    BANKRUPTCY – Application for leave to proceed under s.58(3) of the Bankruptcy Act 1966 (Cth) – leave granted – prevailing factors in favour.
  • Wilson & Ors v Sellers & Ors [2016] FCCA 1425

    16 June 2016

    BANKRUPTCY – Application for leave to proceed under s.58(3) of the Bankruptcy Act 1966 (Cth) – leave granted – prevailing factors in favour.

  • Halici v KDR Victoria Pty Ltd T/A Yarra Trams (No.2) [2016] FCCA 1391

    16 June 2016

    INDUSTRIAL LAW – Alleged contravention of s.50 of the Fair Work Act 2009 (Cth) – claim of false imprisonment – application by respondent for claim of false imprisonment to be summarily dismissed or to strike out pleadings – claim of false imprisonment summarily dismissed.
  • Halici v KDR Victoria Pty Ltd T/A Yarra Trams (No.2) [2016] FCCA 1391

    16 June 2016

    INDUSTRIAL LAW – Alleged contravention of s.50 of the Fair Work Act 2009 (Cth) – claim of false imprisonment – application by respondent for claim of false imprisonment to be summarily dismissed or to strike out pleadings – claim of false imprisonment summarily dismissed.

  • CGK15 v Minister for Immigration & Anor [2016] FCCA 1463

    16 June 2016

    MIGRATION – Refugee application – Vietnamese citizen – lack of credibility.
  • CGK15 v Minister for Immigration & Anor [2016] FCCA 1463

    16 June 2016

    MIGRATION – Refugee application – Vietnamese citizen – lack of credibility.

  • BFE15 v Minister for Immigration & Anor [2016] FCCA 1462

    16 June 2016

    MIGRATION – Protection visa application – lack of procedural fairness.
  • BFE15 v Minister for Immigration & Anor [2016] FCCA 1462

    16 June 2016

    MIGRATION – Protection visa application – lack of procedural fairness.

  • Rappoport v Shaw [2016] FCCA 1456

    16 June 2016

    ADMINISTRATIVE LAW – Proceeding challenging a decision made on
    30 September 2015 – whether decision authorised by relevant enactment – whether decision made for an improper purpose – whether decision involved an error of law.

    SUBPOENA – Whether fishing – whether categories of documents sought in subpoena related to issues in the proceeding.

    SUBPOENA – Whether oppressive – whether relevant – whether recipient of subpoena will be put to substantial expense if required to comply.

    PRACTICE AND PROCEDURE – Whether consent orders had the effect of creating a valid and enforceable “contract” – whether Court can control its own procedure by not requiring compliance with consent orders – “procedural law” as opposed to “substantive law”.

    EQUITABLE ESTOPPEL – Whether applicant met tests for the creation of an equitable estoppel – no “representation” – no “inducement” – no “reliance” – no “detriment” – no inequity – no basis for concluding that the recipient of the subpoena was estopped from refusing to comply with balance of subpoena.

    EXPERT WITNESS – Requirements of Dasreef Pty Ltd v Hawchar.
  • Rappoport v Shaw [2016] FCCA 1456

    16 June 2016

    ADMINISTRATIVE LAW – Proceeding challenging a decision made on
    30 September 2015 – whether decision authorised by relevant enactment – whether decision made for an improper purpose – whether decision involved an error of law.

    SUBPOENA – Whether fishing – whether categories of documents sought in subpoena related to issues in the proceeding.

    SUBPOENA – Whether oppressive – whether relevant – whether recipient of subpoena will be put to substantial expense if required to comply.

    PRACTICE AND PROCEDURE – Whether consent orders had the effect of creating a valid and enforceable “contract” – whether Court can control its own procedure by not requiring compliance with consent orders – “procedural law” as opposed to “substantive law”.

    EQUITABLE ESTOPPEL – Whether applicant met tests for the creation of an equitable estoppel – no “representation” – no “inducement” – no “reliance” – no “detriment” – no inequity – no basis for concluding that the recipient of the subpoena was estopped from refusing to comply with balance of subpoena.

    EXPERT WITNESS – Requirements of Dasreef Pty Ltd v Hawchar.

  • Harsev & Ors v Minister for Immigration& Anor [2016] FCCA 858

    15 June 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal – application listing 6 grounds of review – all grounds clearly constituting merits review – no error in Tribunal’s reasoning – application dismissed.
  • Harsev & Ors v Minister for Immigration& Anor [2016] FCCA 858

    15 June 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal – application listing 6 grounds of review – all grounds clearly constituting merits review – no error in Tribunal’s reasoning – application dismissed.

  • Timms & Yates [2016] FCCA 1432

    15 June 2016

    FAMILY LAW – Adult child maintenance application – evidence of the child’s capacity to work while studying unclear – whether maintenance is necessary to enable child to complete education.
  • Timms & Yates [2016] FCCA 1432

    15 June 2016

    FAMILY LAW – Adult child maintenance application – evidence of the child’s capacity to work while studying unclear – whether maintenance is necessary to enable child to complete education.

  • SZVRP v Minister for Immigration & Anor [2016] FCCA 1452

    15 June 2016

    IGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal erred in exercising its discretion to proceed on the review pursuant to s.426A of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal denied procedural fairness to the applicant by making adverse findings – whether the Administrative Appeals Tribunal misconstrued the complementary protection criterion and thereby denied the applicant procedural fairness – no jurisdictional error – application dismissed.
  • SZVRP v Minister for Immigration & Anor [2016] FCCA 1452

    15 June 2016

    IGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal erred in exercising its discretion to proceed on the review pursuant to s.426A of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal denied procedural fairness to the applicant by making adverse findings – whether the Administrative Appeals Tribunal misconstrued the complementary protection criterion and thereby denied the applicant procedural fairness – no jurisdictional error – application dismissed.

  • Falcone & Falcone (No.2) [2016] FCCA 1274

    15 June 2016

    AMILY LAW – Parenting – dispute as to live with arrangements for boy who is nearly 3 – where there has been family violence by the father – where the father and paternal grandparents have a poor opinion of the mother – where child has been living with the father and paternal grandparents and spending limited time with the mother – where there is dispute over parental responsibility – Held that child is to live with mother – mother to have sole parental responsibility – child to spend 5 nights a fortnight with the father.
  • Falcone & Falcone (No.2) [2016] FCCA 1274

    15 June 2016

    AMILY LAW – Parenting – dispute as to live with arrangements for boy who is nearly 3 – where there has been family violence by the father – where the father and paternal grandparents have a poor opinion of the mother – where child has been living with the father and paternal grandparents and spending limited time with the mother – where there is dispute over parental responsibility – Held that child is to live with mother – mother to have sole parental responsibility – child to spend 5 nights a fortnight with the father.

  • Mehta & Anor v Minister for Immigration & Anor [2016] FCCA 1502

    15 June 2016

    IGRATION – Administrative review– Visa – student visa –no jurisdictional error established – application dismissed – costs awarded.
  • Mehta & Anor v Minister for Immigration & Anor [2016] FCCA 1502

    15 June 2016

    IGRATION – Administrative review– Visa – student visa –no jurisdictional error established – application dismissed – costs awarded.

  • Finch & Harris [2016] FCCA 1485

    14 June 2016

    FAMILY LAW – Children – Parenting Orders – Variation of parenting orders – best interests of the child considered – application to vary parenting orders – whether orders should be interim orders or final orders – need for finality – parental responsibility – equal shared parental responsibility – sole parental responsibility – “micro-managing” parenting orders – where child resides with mother – whether mother should be restrained from relocating child’s residence from Sydney Metropolitan Area – where father resides in Adelaide – views of the child – whether child should be given the option of deciding with which parent he wishes to reside once he attains the age of 14 years – where mother should be required to provide written opinion from a psychiatrist as to her fitness to parent the child – anger management – whether mother should be required to attend an anger management course – whether mother should be required to attend a parenting course – family violence – whether evidence of family violence should trigger an order that the child should reside with the father rather than the mother – no power to make an order that a party should obtain a report from a psychiatrist other than as a condition of a parenting order.
  • Finch & Harris [2016] FCCA 1485

    14 June 2016

    FAMILY LAW – Children – Parenting Orders – Variation of parenting orders – best interests of the child considered – application to vary parenting orders – whether orders should be interim orders or final orders – need for finality – parental responsibility – equal shared parental responsibility – sole parental responsibility – “micro-managing” parenting orders – where child resides with mother – whether mother should be restrained from relocating child’s residence from Sydney Metropolitan Area – where father resides in Adelaide – views of the child – whether child should be given the option of deciding with which parent he wishes to reside once he attains the age of 14 years – where mother should be required to provide written opinion from a psychiatrist as to her fitness to parent the child – anger management – whether mother should be required to attend an anger management course – whether mother should be required to attend a parenting course – family violence – whether evidence of family violence should trigger an order that the child should reside with the father rather than the mother – no power to make an order that a party should obtain a report from a psychiatrist other than as a condition of a parenting order.

  • Carrafa v Gomez & Anor (No.2) [2016] FCCA 1511

    14 June 2016

  • Carrafa v Gomez & Anor (No.2) [2016] FCCA 1511

    14 June 2016

  • Huangfu v Minister for Immigration & Anor [2016] FCCA 1421

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student Temporary (Class TU) visa – show cause hearing – whether the applicant has an arguable case – whether the Tribunal erred in finding that the applicant did not fulfil an essential criterion for the grant of a visa – whether the Tribunal was “over-objective” in its reasoning – no arguable jurisdictional error identified – application dismissed under r.44.12.
  • Huangfu v Minister for Immigration & Anor [2016] FCCA 1421

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student Temporary (Class TU) visa – show cause hearing – whether the applicant has an arguable case – whether the Tribunal erred in finding that the applicant did not fulfil an essential criterion for the grant of a visa – whether the Tribunal was “over-objective” in its reasoning – no arguable jurisdictional error identified – application dismissed under r.44.12.

  • Bennett v Minister for Immigration [2016] FCCA 1423

    10 June 2016

    MIGRATION – Non-appearance of Applicant – dismissal of application.
  • Bennett v Minister for Immigration [2016] FCCA 1423

    10 June 2016

    MIGRATION – Non-appearance of Applicant – dismissal of application.

  • ARK16 v Minister for Immigration & Anor [2016] FCCA 1422

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Sponsored Family Visitor (subclass 679) visa – show cause hearing – whether the Tribunal misunderstood the applicant’s fear of persecution – real chance test – whether the Tribunal did not properly consider the applicant’s medical evidence – no jurisdictional error identified – application dismissed.
  • ARK16 v Minister for Immigration & Anor [2016] FCCA 1422

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Sponsored Family Visitor (subclass 679) visa – show cause hearing – whether the Tribunal misunderstood the applicant’s fear of persecution – real chance test – whether the Tribunal did not properly consider the applicant’s medical evidence – no jurisdictional error identified – application dismissed.

  • AOK16 v Minister for Immigration & Anor [2016] FCCA 1418

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division – Protection (Class XA) visa – extension of time – real chance test – whether the Tribunal erred in making adverse credibility findings against the applicant – whether the Tribunal took irrelevant considerations into account – whether the Tribunal denied the applicant procedural fairness – no arguable jurisdictional error identified – application dismissed.
  • AOK16 v Minister for Immigration & Anor [2016] FCCA 1418

    10 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division – Protection (Class XA) visa – extension of time – real chance test – whether the Tribunal erred in making adverse credibility findings against the applicant – whether the Tribunal took irrelevant considerations into account – whether the Tribunal denied the applicant procedural fairness – no arguable jurisdictional error identified – application dismissed.

  • ABK15 v Minister for Immigration & Anor [2016] FCCA 1312

    10 June 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the applicant was denied a hearing under s.425 of the Migration Act 1958 (Cth) by reason of a brain injury – whether the Tribunal considered all of the applicant’s evidence and claims – element of intention in meaning of “significant harm” – no jurisdictional error – application dismissed.
  • ABK15 v Minister for Immigration & Anor [2016] FCCA 1312

    10 June 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the applicant was denied a hearing under s.425 of the Migration Act 1958 (Cth) by reason of a brain injury – whether the Tribunal considered all of the applicant’s evidence and claims – element of intention in meaning of “significant harm” – no jurisdictional error – application dismissed.

  • MZASA v Minister for Immigration & Anor [2016] FCCA 1413

    10 June 2016

    MIGRATION – Review of a decision of the Refugee Review Tribunal – application for a Protection (Class XA) visa – application dismissed.
  • MZASA v Minister for Immigration & Anor [2016] FCCA 1413

    10 June 2016

    MIGRATION – Review of a decision of the Refugee Review Tribunal – application for a Protection (Class XA) visa – application dismissed.

  • AUI16 & Anor v Minister for Immigration [2016] FCCA 1411

    10 June 2016

    MIGRATION – Summary dismissal.
  • AUI16 & Anor v Minister for Immigration [2016] FCCA 1411

    10 June 2016

    MIGRATION – Summary dismissal.

  • Milne & Stanmore [2016] FCCA 1410

    10 June 2016

    AMILY LAW – Whether child should have any time with the father.
  • Milne & Stanmore [2016] FCCA 1410

    10 June 2016

    AMILY LAW – Whether child should have any time with the father.

  • Rameez v Minister for Immigration & Anor [2016] FCCA 1408

    10 June 2016

    MIGRATION – Judicial review of a decision of the Second Respondent – application for a Student (Temporary) (Class TU) visa – application filed out of time – extension of time sought pursuant to s.477 of the Migration Act 1958 (Cth) – leave not granted.
  • Rameez v Minister for Immigration & Anor [2016] FCCA 1408

    10 June 2016

    MIGRATION – Judicial review of a decision of the Second Respondent – application for a Student (Temporary) (Class TU) visa – application filed out of time – extension of time sought pursuant to s.477 of the Migration Act 1958 (Cth) – leave not granted.

  • Sun v EP2 Management Pty Ltd [2016] FCCA 1381

    10 June 2016

    INDUSTRIAL LAW – Application for summary judgment – whether the application has no reasonable prospect of success – applicant claims dismissal for reason of race, health and age – applicant resigned – proceedings dismissed under s.17A(2) of the Federal Circuit Court of Australia Act 1999 (Cth).
  • Sun v EP2 Management Pty Ltd [2016] FCCA 1381

    10 June 2016

    INDUSTRIAL LAW – Application for summary judgment – whether the application has no reasonable prospect of success – applicant claims dismissal for reason of race, health and age – applicant resigned – proceedings dismissed under s.17A(2) of the Federal Circuit Court of Australia Act 1999 (Cth).

  • Baird v Crowe Horwath (Aust) Pty Ltd [2016] FCCA 1379

    10 June 2016

    INDUSTRIAL LAW – Breach of contract by employee – employee in senior role with employer – employee actively enticing fellow employees to work with him in a business to operate in competition with employer.

    EQUITY – Breach of fiduciary duties – employee’s misuse of confidential information – exploiting employer’s confidential information to acquire a personal benefit to the employee.

    CONTRACT – Summary termination for egregious breaches of contract of employment and of fiduciary duties.
  • Baird v Crowe Horwath (Aust) Pty Ltd [2016] FCCA 1379

    10 June 2016

    INDUSTRIAL LAW – Breach of contract by employee – employee in senior role with employer – employee actively enticing fellow employees to work with him in a business to operate in competition with employer.

    EQUITY – Breach of fiduciary duties – employee’s misuse of confidential information – exploiting employer’s confidential information to acquire a personal benefit to the employee.

    CONTRACT – Summary termination for egregious breaches of contract of employment and of fiduciary duties.

  • Fair Work Ombudsman v Singh [2016] FCCA 1335

    10 June 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Road Transport and Distribution Award 2010 relating to remuneration – failure to comply with record keeping obligations – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.
  • Fair Work Ombudsman v Singh [2016] FCCA 1335

    10 June 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Road Transport and Distribution Award 2010 relating to remuneration – failure to comply with record keeping obligations – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.

  • Bal v Minister for Immigration & Anor [2016] FCCA 1344

    10 June 2016

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal to affirm delegate’s decision to cancel higher education visa – whether grounds constitute application for impermissible merits review – whether jurisdictional error.
  • Bal v Minister for Immigration & Anor [2016] FCCA 1344

    10 June 2016

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal to affirm delegate’s decision to cancel higher education visa – whether grounds constitute application for impermissible merits review – whether jurisdictional error.

  • SZWBF v Minister for Immigration & Anor [2016] FCCA 1406

    9 June 2016

    MIGRATION – Review of decision by Refugee Review Tribunal – application to extend time – whether adequate and reasonable explanation for delay in making application – whether merit in grounds of substantive application – application for extension of time dismissed.
  • SZWBF v Minister for Immigration & Anor [2016] FCCA 1406

    9 June 2016

    MIGRATION – Review of decision by Refugee Review Tribunal – application to extend time – whether adequate and reasonable explanation for delay in making application – whether merit in grounds of substantive application – application for extension of time dismissed.

  • Sims v Jooste & Ors [2016] FCCA 1343

    9 June 2016

    PRACTICE AND PROCEDURE – Interim application for summary dismissal of substantive application – whether jurisdiction – whether no reasonable prospect of success – whether frivolous, vexatious, scandalous or an abuse of process.

    COSTS – Indemnity costs – whether indemnity costs to be awarded.
  • Sims v Jooste & Ors [2016] FCCA 1343

    9 June 2016

    PRACTICE AND PROCEDURE – Interim application for summary dismissal of substantive application – whether jurisdiction – whether no reasonable prospect of success – whether frivolous, vexatious, scandalous or an abuse of process.

    COSTS – Indemnity costs – whether indemnity costs to be awarded.

  • BEU15 v Minister for Immigration & Anor [2016] FCCA 1409

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal misunderstood the applicants’ claims – whether the Tribunal’s decision was contrary to the available evidence – whether the Tribunal acted in bad faith – bias – no jurisdictional error identified – application dismissed.
  • BEU15 v Minister for Immigration & Anor [2016] FCCA 1409

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal misunderstood the applicants’ claims – whether the Tribunal’s decision was contrary to the available evidence – whether the Tribunal acted in bad faith – bias – no jurisdictional error identified – application dismissed.

  • Cherupalli v Minister for Immigration & Anor [2016] FCCA 1407

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student Temporary (Class TU) visa – whether the applicant was afforded procedural fairness – whether the Tribunal failed to inform the applicant of an issue arising in relation to the decision under review – no jurisdictional error identified – application dismissed.
  • Cherupalli v Minister for Immigration & Anor [2016] FCCA 1407

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student Temporary (Class TU) visa – whether the applicant was afforded procedural fairness – whether the Tribunal failed to inform the applicant of an issue arising in relation to the decision under review – no jurisdictional error identified – application dismissed.

  • BJR15 v Minister for Immigration & Anor [2016] FCCA 1403

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal erred in making adverse credibility findings against the applicant – whether the Tribunal failed to take relevant considerations into account – no jurisdictional error identified – application dismissed.
  • BJR15 v Minister for Immigration & Anor [2016] FCCA 1403

    9 June 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – whether the Tribunal erred in making adverse credibility findings against the applicant – whether the Tribunal failed to take relevant considerations into account – no jurisdictional error identified – application dismissed.

  • Morris Finance Ltd v Hodges & Anor [2016] FCCA 1402

    9 June 2016

    BANKRUPTCY – Bankrupt’s right to be heard – where lessor under a chattel lease seeks declaratory relief – where chattel lease creates no proprietary interest in goods leased – where no property has passed to bankrupt’s trustee in bankruptcy – bankrupt entitled to be heard.
  • Morris Finance Ltd v Hodges & Anor [2016] FCCA 1402

    9 June 2016

    BANKRUPTCY – Bankrupt’s right to be heard – where lessor under a chattel lease seeks declaratory relief – where chattel lease creates no proprietary interest in goods leased – where no property has passed to bankrupt’s trustee in bankruptcy – bankrupt entitled to be heard.

  • Leonard & McLean [2016] FCCA 792

    9 June 2016

    FAMILY LAW – Parenting – interim judgment – drug and alcohol abuse – unacceptable risk – supervised contact.
  • Leonard & McLean [2016] FCCA 792

    9 June 2016

    FAMILY LAW – Parenting – interim judgment – drug and alcohol abuse – unacceptable risk – supervised contact.

  • Singh v Minister for Immigration & Anor [2016] FCCA 1400

    9 June 2016

    MIGRATION – Judicial review of a decision of the Second Respondent – Skilled (Provisional) (Class VC) visa – subclass 485 visa – bogus document – no jurisdictional error – application dismissed.
  • Singh v Minister for Immigration & Anor [2016] FCCA 1400

    9 June 2016

    MIGRATION – Judicial review of a decision of the Second Respondent – Skilled (Provisional) (Class VC) visa – subclass 485 visa – bogus document – no jurisdictional error – application dismissed.