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Note: Section 121 of the Family Law Act 1975 makes it an offence, except in very limited circumstances, to publish or distribute a report of a case or part of a case, including information contained in a Judgment, which identifies parties, related or associated persons, witnesses or others involved in the case. A breach of the section is a criminal offence. The section also sets out certain limited defences to criminal liability. An example is where the Court has expressly authorised the publication.

  • Yeo & Rambaldi as Trustees of the Bankrupt Estate of Sandles v Sandles [2020] FCCA 988

    Published date: 30 Apr 2020

    BANKRUPTCY – Applicant seeking direction and orders as to whether they are acting reasonably in selling water rights attached to the bankrupt’s property – where there is a pending ATO audit – where the bankrupt owns a farm property – applicant fears criticism from Inspector General in Bankruptcy – finding that there was no failure by applicant to disclose relevant information – finding that the applicant is best placed to ascertain the best approach regarding the realisation of the bankrupt’s assets – parties to bear their own costs.

  • Wang v Odyssey Travel Pty Ltd [2020] FCCA 925

    Published date: 30 Apr 2020

    INDUSTRIAL LAW – Application pursuant to r 16.05 of the Federal Circuit Court Rules – application dismissed for non-attendance of the applicant – whether or not non-attendance adequately explained – merits of application considered  –  prejudice to respondent considered  –  application granted.  

  • Ting & Superstop Auto Parts & Ors [2020] FCCA 963

    Published date: 30 Apr 2020

    INDUSTRIAL LAW – COSTS – Fair Work – application in a case seeking costs – where the substantive proceedings have been discontinued – where costs had been ordered but not quantified in respect of a previous interlocutory application – whether indemnity costs be ordered – whether costs be ordered against the applicant’s former solicitor – costs awarded against the applicant in accordance with the scale – costs not ordered against former solicitor.

  • Saje v Union For Progressive Judaism Inc. & Ors (No.4) [2020] FCCA 341

    Published date: 30 Apr 2020

    HUMAN RIGHTS – Application alleging contravention of the Sex Discrimination Act 1984 (Cth) – whether the respondents discriminated against the applicant on the grounds of sex contrary to the Act – whether the Respondents unlawfully victimised the applicant – no contravention or unlawful conduct made out – application dismissed. 

  • Saje v Union For Progressive Judaism Inc. & Ors (No.3) [2020] FCCA 340

    Published date: 30 Apr 2020

    PRACTICE AND PROCEDURE – Interlocutory application – applicant seeking order that no further documents be accepted for filing – applicant seeking order to strike out documents of the respondent – application in a case dismissed.  

  • Saje v Union For Progressive Judaism Inc. & Ors (No.2) [2020] FCCA 339

    Published date: 30 Apr 2020

    PRACTICE AND PROCEDURE – Interlocutory application – respondents seeking leave to file an amended points of defence – respondents seeking production of un-redacted documents from the applicant – leave granted to respondents to rely upon amended points of defence – application in a case otherwise dismissed.

  • Kumar & Ors v Minister for Immigration & Anor [2020] FCCA 999

    Published date: 30 Apr 2020

    MIGRATION – Application for judicial review – employer nomination visa – no matters of principle – application dismissed.

  • Jeevaratnam & Anor v Combis & Anor (No.2) [2020] FCCA 950

    Published date: 30 Apr 2020

    BANKRUPTCY – Ruling on costs application. 

  • ESB16 v Minister for Immigration & Anor [2020] FCCA 947

    Published date: 30 Apr 2020

    MIGRATION – Protection Visa – decision of the Administrative Appeals Tribunal – whether the Tribunal took into account an irrelevant consideration – whether the Tribunal was biased – no jurisdictional error – application dismissed.

  • CLM19 v Minister for Immigration & Anor [2020] FCCA 981

    Published date: 30 Apr 2020

    MIGRATION – Application for Protection Visa – inconsistent evidence on the part of the Applicant – doubts as to credibility of applicant – whether delay of 20 months on the part of the Tribunal in the handing down of a decision was causative of an unfair hearing – factual context of hearing to be taken into account – no reasonable apprehension of bias – application dismissed.

  • BKS17 v Minister for Immigration & Anor [2020] FCCA 967

    Published date: 30 Apr 2020

    MIGRATION – Application for review of decision of the Immigration Assessment Authority (the Authority) – whether the Authority’s decision was based on irrelevant findings – whether the Authority failed to take into account relevant considerations – no jurisdictional error revealed – grounds not made out – application dismissed.

  • AVX16 v Minister for Immigration & Anor [2020] FCCA 945

    Published date: 30 Apr 2020

    PRACTICE AND PROCEDURE – Application for Discovery – whether documents sought are immune from production – whether discovery should be granted – documents found to be immune from discovery – discovery in any event not appropriate – application dismissed.

  • AID19 v Minister for Immigration & Anor [2020] FCCA 1002

    Published date: 30 Apr 2020

    MIGRATION – Un-particularised grounds for review – failure by applicant to file an amended application for review as ordered – no reasonable excuse for failure to comply with court order – duty of lawyers for the first respondent to regularise proceedings at an early time where applications for review have no particularity – where it is not possible for the Court to conduct a fair hearing in the absence of particulars – where applicant in default – application for review dismissed.

  • Halal Restaurant Supplies Pty Ltd v Minister for Immigration & Anor [2020] FCCA 958

    Published date: 29 Apr 2020

    MIGRATION – Nomination application by employer for the position of cafe/restaurant manager – whether applicant financially able to employ nominee for at least a two (2) year period from the date of the decision – lack of future financial viability on the part of the applicant – failure to meet criteria – application dismissed.

  • Halal Restaurant Supplies Pty Ltd v Minister for Immigration & Anor [2020] FCCA 956

    Published date: 29 Apr 2020

    MIGRATION – Nomination application by employer for the position of cafe/restaurant manager – whether applicant financially able to employ nominee for at least a two (2) year period from the date of the decision – lack of future financial viability on the part of the applicant – failure to meet criteria – application dismissed. 

  • FPK18 v Minister for Immigration & Anor [2020] FCCA 953

    Published date: 29 Apr 2020

    CITIZENSHIP AND MIGRATION – Migration – Grant or refusal of visas – Credibility findings.

    CITIZENSHIP AND MIGRATION – Migration – Review of decisions – Protection visa decisions – Fast track review process – Reviewable decisions – assessment of credibility

  • FBC18 v Minister For Home Affairs & Anor [2020] FCCA 334

    Published date: 29 Apr 2020

    CITIZENSHIP AND MIGRATION – Migration – Grant or refusal of visas – Credibility findings.

    CITIZENSHIP AND MIGRATION – Migration – Review of decisions – Protection visa decisions – Fast track review process – Reviewable decisions – assessment of credibility.

  • CYB18 v Minister For Home Affairs & Anor [2020] FCCA 819

    Published date: 29 Apr 2020

    MIGRATION – Protection visa application – review of decision of Administrative Appeals Tribunal pursuant to s.426A(1A)(b) of the Migration Act 1958 (Cth) dismissing the review application lodged by the Applicant and a decision made pursuant to s.426A(1E) of the Act confirming that decision – whether the Tribunal erred by ignoring relevant material or otherwise – exercising its discretion unreasonably – jurisdictional error – application allowed.

  • BXL19 v Minister for Home Affairs & Anor [2020] FCCA 959

    Published date: 29 Apr 2020

    MIGRATION – Application for protection visa – assertion that withdrawal of pension and other financial benefits in China by government authorities constituted a basis for a finding that the applicant had a well-founded fear of persecution should he be returned to that country – findings that Tribunal did not err in finding that Australia did not owe protection obligations to the applicant – application dismissed.  

  • Rahman v Dubs & Ors [2019] FCCA 3899

    Published date: 28 Apr 2020

    BANKRUPTCY – Sequestration order – application to annul bankruptcy s.153B of the Bankruptcy Act 1966 (Cth) – Applicant claims that he did not owe any money, that the bankruptcy notice was a miscarriage and error, as was the judgment on the creditor’s petition, and the sequestration order – no such evidence presented – previous proceedings brought by the Applicant referred to – Application dismissed.

    CONSTITUTIONAL LAW – Constitutional power to enact Bankruptcy Act 1966 (Cth) – Constitution s.51(xvii) – plenary power in relation to bankruptcy – power in relation to bringing matters from State Courts to Federal Courts – fundamental misunderstanding of the law – Application dismissed.

  • Gambaro v Mobycom Mobile Pty Ltd & Ors [2020] FCCA 917

    Published date: 28 Apr 2020

    INDUSTRIAL LAW – Interlocutory Application – whether mareva injunctions should be granted – whether a caveat over the respondent’s bank account and assets should be granted – where a Directors Guarantee is sought – where the interlocutory application is dismissed.

  • Chisengalumbwe & Ors v Minister For Home Affairs & Anor [2020] FCCA 952

    Published date: 28 Apr 2020

    MIGRATION – Student visa – whether Tribunal failed to consider relevant matters, whether Tribunal hearing affected by bias – whether Tribunal erred in applying genuine entrant test – no error demonstrated – application dismissed. 

  • BYH17 v Minister for Immigration & Anor [2020] FCCA 868

    Published date: 28 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal considered an express claim made by the applicant – whether the Tribunal was required to consider an unarticulated claim that was said to arise from the materials – whether the Tribunal made a jurisdictional error by making an irrelevant moral judgment about the applicant’s conduct which deflected it from correctly dealing with the matter – whether the Tribunal made irrational and illogical findings – whether the Tribunal’s failure to make findings about whether the applicant would engage in political activity upon his return to Iran was a jurisdictional error, in circumstances where he had not claimed that he would, and his past history did not suggest that he would.

  • BWH17 v Minister for Immigration & Anor [2020] FCCA 838

    Published date: 28 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to consider corroborating evidence – whether the Tribunal’s findings were irrational or illogical – whether the Tribunal purported to act as the arbiter of genuine religious feeling. 

  • Rahman v Minister for Home Affairs & Anor [2020] FCCA 881

    Published date: 27 Apr 2020

    MIGRATION – Skilled (Provisional) (Class VC) visa – decision of the Administrative Appeals Tribunal – show cause hearing – where applicant did not take required English language test – no jurisdictional error.

  • Pasham & Ors v Minister for Immigration & Anor [2020] FCCA 640

    Published date: 27 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for an Employer Nomination (Class EN) (Subclass 186) visa – whether the Tribunal misapplied the relevant law – no arguable case for the relief sought – application dismissed.

  • Johnson As Trustee of Bankrupt Estate of Portellos v J.S.J. & A. Nominees Pty Ltd [2020] FCCA 934

    Published date: 27 Apr 2020

    BANKRUPTCY – Antecedent transactions – whether payment to respondent was a payment by bankrupt from his own funds – whether preference given to respondent over other creditors – declaration made. 

  • Gillera v Minister for Immigration [2020] FCCA 929

    Published date: 27 Apr 2020

    MIGRATION – Application for withdrawal of visa sent by email to Department – communication by Department to applicant that the visa application had been withdrawn as requested – request for reconsideration by the Department of its acceptance of the withdrawal of the visa application – no power for the Minister to reconsider application when withdrawn – application dismissed.

  • Fair Work Ombudsman v G.Q. Industries Pty Ltd & Anor [2020] FCCA 928

    Published date: 27 Apr 2020

    INDUSTRIAL LAW – Imposition of pecuniary penalties – no appearance on behalf of the respondents – applicable principles – adverse action against vulnerable employee – non-payment of wages and other entitlements.

  • EUF19 v Minister for Immigration & Anor [2020] FCCA 912

    Published date: 27 Apr 2020

    MIGRATION – Bridging visa – cancellation – review of Administrative Appeals Tribunal (“Tribunal”) decision.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that it had failed to have regard in accordance with law to mandatory considerations.

  • Edgar v Norton Rose Fulbright Australia Services Pty Ltd & Ors (No.3) [2020] FCCA 913

    Published date: 27 Apr 2020

    COSTS – Fair Work Act 2009 – whether the applicant was entitled to an order for costs because of unreasonable acts or omissions on the part of the respondents.

  • CXO19 v Minister for Immigration & Anor [2020] FCCA 630

    Published date: 27 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Protection (class XA) visa – whether the Tribunal considered the applicant’s claims and evidence – no jurisdictional error made out – application dismissed.

  • CVT19 v Minister for Immigration & Anor [2020] FCCA 606

    Published date: 27 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority made a jurisdictional error by failing to invite comment from the Applicant under s.473DC of the Migration Act 1958 (Cth) – whether the Authority made a finding of fact that was legally unreasonable – no jurisdictional error made out – application dismissed.

  • CPQ19 & Ors v Minister for Immigration & Anor [2020] FCCA 657

    Published date: 27 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority misapplied the relevant law – whether the Authority failed to have regard to material to which it was required to have regard and/or relied on material on which it was not permitted to rely – whether the Authority misapprehended information before it – no jurisdictional error made out – further amended application dismissed. 

  • CJE19 v Minister for Immigration & Anor [2020] FCCA 267

    Published date: 27 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Temporary Protection visa – whether the Authority failed to give proper and genuine consideration to the evidence before it – whether the Authority’s reasoning process was illogical or irrational – whether the Authority unreasonably failed to exercise its power under s.473DC of the Migration Act 1958 (Cth) – whether the Authority failed to take into account relevant considerations – no jurisdictional error made out – amended application dismissed.

  • BRU20 v Minister for Home Affairs & Anor [2020] FCCA 930

    Published date: 27 Apr 2020

    MIGRATION – Application for Partner Visa – whether or not applicant had deliberately manipulated his circumstances so as to give him an unfair advantage on the question as to whether compelling reasons existed for the waiver by the Minister of the cl. 3001 criteria – finding that there were no compelling reasons justifying waiver of criteria – application dismissed.

  • BNH18 & Ors v Minister for Home Affairs & Anor [2020] FCCA 896

    Published date: 27 Apr 2020

    MIGRATION – Safe Haven Enterprise Visa – decision of the Immigration Assessment Authority – where Minister conceded error in IAA’s decision – whether error was material – error not material – application dismissed.

  • BLF20 v Minister for Immigration & Anor [2020] FCCA 878

    Published date: 27 Apr 2020

    MIGRATION – Invalidity – Bridging visa – where Humanitarian Stay visa granted – where Safe Haven Enterprise visas and associated Bridging visas then granted – where applicant erroneously considered to be unauthorised maritime arrival – where decision in DBB16 v Minister for Immigration and Border Protection carries consequence that applicant is not unauthorised maritime arrival – where applicant not eligible to apply for SHEV visa – where purported grant of SHEV visa thereby affected by jurisdictional error – where such visa granted and takes effect – where applicant convicted of several state criminal offences – where delegate gives notice to cancel and cancels Bridging visas – where applicant seeks review of decision to cancel first Bridging visa – where Tribunal affirms delegate’s decision – whether delegate and Tribunal had no power to cancel visa, but only had power to set aside erroneous decision to grant visa – invalidity – applicable principles – validity should be determined by whether it was a purpose of the legislation that an act in breach of a provision should be considered to be invalid – consideration of legislative purpose of applicable provisions – scope and objects of Migration Act 1958 – powers not limited to only setting aside visa – Tribunal seized of power to affirm delegate’s decision to cancel visa – further amended application dismissed.

  • BDF15 v Minister for Immigration & Anor [2020] FCCA 923

    Published date: 27 Apr 2020

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) (Act) in relation to decision of the Administrative Appeals Tribunal (Tribunal) affirming decision not to grant applicant protection visa – whether Tribunal denied the applicant procedural fairness by failing to disclose to him a certificate purportedly issued pursuant to s.438 of the Act (438 Certificate) – whether the documents covered by the 438 Certificate are the subject of legal professional privilege – whether failure to disclose 438 Certificate was material – whether the Tribunal erred in finding the 438 Certificate was valid – whether error in so finding was material – whether Tribunal erred in finding the documents covered by the 438 Certificate were not material without first giving the applicant an opportunity to be heard on that question – whether any failure to give applicant such opportunity material – application dismissed.

  • Afzal v Minister for Immigration & Anor [2020] FCCA 940

    Published date: 27 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – Application for a Student (Temporary) (Class TU) visa – show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – whether application raised arguable case of relevant error – no relevant error made out – application dismissed.

  • ADW18 v Minister for Immigration & Anor [2020] FCCA 895

    Published date: 27 Apr 2020

    MIGRATION – Safe Haven Enterprise Visa – decision of the Immigration Assessment Authority – whether the IAA was biased – where the same IAA reviewer determined the applicant and the applicant’s brother’s application – whether the IAA failed to put new information to the applicant – jurisdictional error established – writs issued.

  • Zhang v Cheng [2020] FCCA 492

    Published date: 24 Apr 2020

    BANKRUPTCY – Urgent application in respect of a petition about to expire – whether the period of time is one in respect of which sub-s.36(2) of the Acts Interpretation Act 1901 (Cth) has application – order made varying order extending time.

  • Super Vision Resources Ltd v Xu [2020] FCCA 758

    Published date: 24 Apr 2020

    BANKRUPTCY – Application for a sequestration order – whether that for other sufficient cause a sequestration order ought not to be made – sequestration order made.

  • Northland Commercial Service Pty Ltd v Minister for Immigration & Anor [2020] FCCA 789

    Published date: 24 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Business Nomination visa – whether company was in a position to present evidence at relevant time – no jurisdictional error made out – application dismissed. 

    PRACTICE AND PROCEDURE – whether the director should have leave to appear on behalf of the corporate entity pursuant to r.9.04 of the Federal Circuit Court Rules 2001 (Cth) – whether the application has reasonable prospects of success – leave not granted – no reasonable prospects of success – proceedings found to be abuse of process under r.13.10(c) of the Rules.

  • Kouro v Minister for Home Affairs & Anor [2020] FCCA 911

    Published date: 24 Apr 2020

    MIGRATION – Application for a Student (Subclass 500) Visa – finding that application was not made in circumstances where the applicant intended genuinely to stay in Australia temporarily – no jurisdictional error – application dismissed.

  • Kanu v Minister for Immigration & Anor [2020] FCCA 398

    Published date: 24 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – nomination application for a Temporary Work (Skilled) Subclass 457 visa – whether the Tribunal misconstrued and/or misapplied the relevant law – whether the Tribunal failed to take into account the applicant’s evidence – no jurisdictional error made out – amended application dismissed.

  • EHA19 v Minister for Immigration & Anor [2020] FCCA 288

    Published date: 24 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for extension of time – application for a Safe Haven Enterprise visa – whether the Authority failed to have regard to relevant considerations – whether the Authority made unreasonable findings – whether the Authority – whether the Authority acted unreasonably or illogically – Court not satisfied that it is necessary and in the interest of the administration of justice to extend time under s.477 of the Migration Act 1958 (Cth) – further amended application for an extension of time dismissed.

  • Deputy Commissioner of Taxation v Tilli [2020] FCCA 814

    Published date: 24 Apr 2020

    BANKRUPTCY – Application for review of a sequestration order – whether any proper basis for an adjournment – whether a sequestration order ought not to be made – orders made affirming the sequestration order.

  • Daneshpour v Minister for Immigration & Anor [2020] FCCA 879

    Published date: 24 Apr 2020

    MIGRATION – Partner visa application – where Tribunal affirmed delegate’s decision to refuse visa – whether Tribunal misapplied PAM3 criteria – whether failure by Tribunal to discharge its core function of review – whether failure to undertake cumulative assessment of all circumstances of application – Tribunal failed to consider reasons as a whole – application for judicial review allowed – decision quashed – application referred back to make decision according to law.

  • CKY16 & Ors v Minister for Immigration & Anor [2020] FCCA 906

    Published date: 24 Apr 2020

    MIGRATION – Protection visa – IAA assessment – where primary applicant born in Myanmar and of Muslim faith – where primary and secondary applicants spent 18 years in Malaysia – where applicants arrived in Australia by boat in 2012 – where primary applicant lodged visa application in 2013 – where primary applicant had Pakistani parentage, claimed to be stateless and that this adversely affected his opportunities – where primary applicant claimed that his village was controlled by militia – where primary applicant identified poor treatment due to ethnicity – no family elsewhere in Myanmar – where secondary applicant claims to be stateless – where the applicants provided birth certificate for youngest child, resulting in suggestion of bogus documents – where applicants lodged application for judicial review – application dismissed.

  • CGX19 v Minister for Immigration & Anor [2020] FCCA 421

    Published date: 24 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority’s decision not to exercise its discretion under s.473DC of the Migration Act 1958 (Cth) was unreasonable – no jurisdictional error made out – amended application dismissed.

  • Sophokleous v Dennis Scott and Company Pty Ltd & Ors [2020] FCCA 891

    Published date: 23 Apr 2020

    INDUSTRIAL LAW – Fair Work Act 2009 – prohibition on duplicitous or multiple proceedings over a particular dismissal.

  • Kader & Anor v Minister for Immigration & Anor [2020] FCCA 880

    Published date: 23 Apr 2020

    MIGRATION – Student (Temporary) (Class TU) visa – decision of the Administrative Appeals Tribunal – show cause hearing – where primary applicant found not to be a genuine temporary entrant – no reasonably arguable case that there is jurisdictional error on part of Tribunal.

  • Farooq v Minister for Immigration & Anor [2020] FCCA 861

    Published date: 23 Apr 2020

    MIGRATION – Student Visa – decision of Administrative Appeals Tribunal – whether the Tribunal failed to take into account relevant considerations – whether the Applicant was afforded procedural fairness – whether the Tribunal made an error of law – no jurisdictional error – application dismissed. 

  • CGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 889

    Published date: 23 Apr 2020

    MIGRATION – Review of decision by immigration assessment authority – whether immigration assessment authority’s decision affected by jurisdictional error – whether immigration assessment authority erred in its construction of s.473DD of the Migration Act 1958 (Cth) – whether the immigration assessment authority erred in its consideration of new information under s.473DD of the migration Migration Act 1958 (Cth) – whether the immigration assessment authority erred in considering whether exception circumstances existed – whether the immigration assessment authority erred in failing to exercise its jurisdiction under s.473DD of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.

  • Anstey v Mambourin Enterprises Ltd (No.2) [2020] FCCA 907

    Published date: 23 Apr 2020

    INDUSTRIAL LAW – Penalty – failure to pay annual leave loading on the applicant’s fifth and sixth weeks of annual leave each year contrary to the provisions of the applicable award – no admissions – matter going to trial – post-judgment contrition and corrective action – previously unblemished record – single decision leading to multiple breaches over six years.

  • AGC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 887

    Published date: 23 Apr 2020

    MIGRATION – Review of decision by immigration assessment authority – whether immigration assessment authority’s decision affected by jurisdictional error – whether the immigration assessment authority failed to have regard to all relevant evidence – whether the immigration assessment authority erred in failing to advise the applicant of the existence of an invalid certificate purportedly issued under s.473GB of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.

  • W&Y Property Management Pty Ltd as trustee for W&Y Family Trust v Minister for Immigration & Anor [2020] FCCA 883

    Published date: 22 Apr 2020

    MIGRATION – Nomination application by company – directors of company were a married couple who each were dependent upon the success of the nomination application for the purpose of the grant to them of Subclass 457 Visas – nominated occupation was that of “Property Manager” – such occupation was a qualifying occupation at the time of the making of the nomination application but was no longer a qualifying occupation at the time of the decision in respect of such application – finding by Tribunal that the applicant had failed to satisfy occupation criteria – finding by Tribunal that application was non-genuine – no jurisdictional error on the part of the Tribunal – application for review dismissed.

  • Kim v Top Tiling Services Pty Ltd & Anor [2020] FCCA 890

    Published date: 22 Apr 2020

    EMPLOYMENT LAW – Costs – Indemnity Costs – Application in a Case – Whether proceedings have reasonable cause – Whether unreasonable act or omission – Whether proceedings arise from same facts – Whether party refused to participate – Whether grounds necessarily fail – Application dismissed.

  • Gunatillake v Minister for Immigration & Anor [2020] FCCA 871

    Published date: 22 Apr 2020

    MIGRATION – Persecution – review of Administrative Appeals Tribunal (“Tribunal”) decision – visa – partner visa – refusal.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that the Tribunal failed to consider all the evidence fundamental to its decision.

    PRACTICE & PROCEDURE – Late application to amend pleading – relevant considerations.

  • Bellary v Minister for Immigration & Anor [2020] FCCA 873

    Published date: 22 Apr 2020

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to the decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision not to grant partner visa on the ground that the applicant suffered family violence after the spousal relationship ended – whether the Tribunal ought to have considered whether the violence that led to the order against alleged perpetrator included violence that occurred before the day by which the Tribunal found the spousal relationship ended – whether the Tribunal failed to consider or properly consider factors relevant to the existence of a spousal relationship – whether Tribunal failed to give proper consideration to request it obtain evidence from a person from whom applicant requested evidence be taken – no jurisdictional error.

  • Ali v Minister for Immigration & Anor [2020] FCCA 797

    Published date: 22 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Temporary Business Entry (Class UC) visa – whether the Tribunal complied with the statutory obligations in the conduct of the review – whether the Tribunal took into account relevant considerations – no jurisdictional error made out – amended application dismissed.

  • Spiliotopoulos v Jackson [2020] FCCA 870

    Published date: 21 Apr 2020

    BANKRUPTCY   – Application to set aside bankruptcy notice – application to go behind judgment.

    LIMITATIONS – Whether limitation period extended by reason of respondent’s conduct.

  • Martires v Endura Paints Pty Ltd [2020] FCCA 717

    Published date: 21 Apr 2020

    INDUSTRIAL LAW – Termination of employment – claim of adverse action because the applicant exercised a workplace right and or made a complaint regarding his employment – onus discharged by the respondent to establish that the termination of employment was not because the applicant exercised a workplace right – application dismissed – costs reserved. 

  • AID18 v Minister for Immigration & Anor [2020] FCCA 759

    Published date: 20 Apr 2020

    MIGRATION – Judicial review – application for protection visa – Immigration Assessment Authority – whether exercise of discretion not to reveal information subject to s.473GB certificate legally unreasonable – the exercise of discretion did not result in “practical injustice” and was not legally unreasonable – application dismissed.

  • Russel & Ors v Macquarie Bank Limited [2020] FCCA 869

    Published date: 20 Apr 2020

    PRACTICE AND PROCEDURE – Discovery. 

  • Randhawa & Anor v Minister for Home Affairs & Anor [2020] FCCA 821

    Published date: 20 Apr 2020

    MIGRATION – Student Visa - review of administrative appeals decision – where the Applicants did not file a Merits Review within the prescribed period being 21 days – where the First Applicant alleges fraud – whether the decision was affected by jurisdictional error – jurisdictional error not established – application dismissed.

  • Harper v Tingmak Pty Ltd & Ors [2020] FCCA 626

    Published date: 20 Apr 2020

    INDUSTRIAL LAW – Fair Work Proceedings – contravention of s 340 of the Fair Work Act 2009 (Cth) – where the applicant was employed as an Administrative Support Worker for the respondents – where the applicant exercised her workplace right pursuant to s 341 of the Fair Work Act 2009 (Cth) – failure to pay wages and superannuation entitlements – whether respondents breached relevant acts and Awards in regards to those underpayments  – whether a penalty should be imposed for alleged contraventions – penalty payable to the applicant – application for summary judgment granted.

  • GJM18 v Minister for Immigration & Anor [2020] FCCA 632

    Published date: 20 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise Visa (SHEV) – whether the Authority failed to admit and consider documents in their decision – whether the Authority misapplied s 473DD of the Migration Act 1958 (Cth) – whether the Authority acted illogically and unreasonably – whether the Authority failed to give active intellectual consideration and failed to consider integers of the applicant’s claims – whether the Authority erred in finding the claims made by the applicant regarding his sister irrelevant – whether the Authority failed to exercise its discretion to get further information under s 473DC of the Migration Act 1958 (Cth).

  • Gibbons v C & M Plant Hire Pty Ltd trading as C & M Plant Hire & Anor [2020] FCCA 849

    Published date: 20 Apr 2020

    INDUSTRIAL LAW – Adverse action claim – discrimination claim based upon attribute of religion – discharge of s. 361 onus by respondents – applications dismissed.

  • FZF18 v Minister for Immigration & Anor [2020] FCCA 830

    Published date: 20 Apr 2020

    MIGRATION – Protection Visa – whether Immigration Assessment authority’s decision affected by jurisdictional error – where no error established in Immigration Assessment authority’s decision – application dismissed.

  • DQU19 v Minister for Immigration & Anor [2020] FCCA 771

    Published date: 20 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in the Philippines – applicant’s fears found not to be well founded – whether the Tribunal overlooked a relevant consideration or failed to deal with a claim considered – no jurisdictional error.

  • CRD18 v Minister for Immigration & Anor [2020] FCCA 865

    Published date: 20 Apr 2020

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

  • CRB18 v Minister for Immigration & Anor [2020] FCCA 864

    Published date: 20 Apr 2020

    MIGRATION – Visa – protection visa – whether Tribunal considered claims made by applicant – request for impermissible merits review – application dismissed. 

  • Construction, Forestry, Maritime, Mining & Energy Union v BGC POS Pty Ltd & Anor (No.2) [2020] FCCA 833

    Published date: 20 Apr 2020

    INDUSTRIAL LAW – Contravention of s.502 of the Fair Work Act 2009 (Cth) – appropriate penalty – factors for consideration – penalty in lower range imposed.

  • CJB16 v Minister for Immigration & Anor [2020] FCCA 845

    Published date: 20 Apr 2020

    MIGRATION – Application for review of decision of the Immigration Assessment Authority (IAA) – whether the IAA arrived at a conclusion that was based on no evidence – whether the IAA arrived at a conclusion that was not supported by the evidence before it – whether the IAA failed to consider whether the applicant would suffer from significant harm arising from societal discrimination – whether the IAA failed to exercise its discretionary powers pursuant to s.473DC of the Migration Act 1958 (Cth) – whether the IAA failed to complete its task pursuant to ss.473CB and 473DB of the Act because it failed to consider one of the applicant’s claims – no jurisdictional error revealed – application dismissed.

  • Wong v Timberglen Pty Ltd [2020] FCCA 828

    Published date: 17 Apr 2020

    PRACTICE AND PROCEDURE – Extension of time to commence a general protections application – application for a corporation to appear by a non-lawyer – factors for consideration – extension of time granted – leave to appear by a non-lawyer granted.

  • Nguyen v Minister for Immigration & Anor [2020] FCCA 614

    Published date: 17 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of partner visas – relationship found to be not genuine – whether the Tribunal breached s.359A of the Migration Act 1958 (Cth) or failed to make necessary findings considered.

  • CYF19 v Minister for Immigration & Anor [2020] FCCA 612

    Published date: 17 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Temporary Protection visa – whether the Authority made a finding that was legally unreasonable – whether the Authority’s rejection of the applicant’s claim lacked an evident and intelligible justification – no jurisdictional error made out – application dismissed.

  • Batista v Wells Fargo International Finance (Australia) Pty Ltd (No.2) [2020] FCCA 829

    Published date: 17 Apr 2020

    INDUSTRIAL LAW – General protections claim – whether adverse action was taken – whether applicant’s constitutes the exercise of a workplace right – whether applicant was dismissed because he had exercised a workplace right – whether adverse action was taken because of applicant’s mental disability – where adverse action found not to have been taken for a prohibited reason – application dismissed.

  • BRH18 v Minister for Home Affairs & Anor [2020] FCCA 805

    Published date: 15 Apr 2020

    MIGRATION – Application for Safe Haven Enterprise Visa – loss or destruction of audio file recording of the applicant’s sister’s protection visa interview claimed to have been relevant to consideration of applicant’s claims by the Immigration Assessment Authority – applicability of s.473CB of the Act – where onus on applicant to establish that the recording was in the possession or control of the Secretary at the time of the referral of the matter to the Authority for its consideration of the decision of the delegate – where onus on applicant to establish that the loss or destruction of the recording was material – whether statutory implication that failure to provide recording to the Authority constituted jurisdictional error – question of utility of any remitter in the circumstances – applications dismissed.

  • BRG18 v Minister for Home Affairs & Anor [2020] FCCA 806

    Published date: 15 Apr 2020

    MIGRATION – Application for Safe Haven Enterprise Visas – loss or destruction of audio file recording of the applicant’s protection visa interview claimed to have been relevant to consideration of applicants’ claims by the Immigration Assessment Authority – applicability of s.473CB of the Act – where onus on applicant to establish that the recording was in the possession or control of the Secretary at the time of the referral of the matter to the Authority for its consideration of the decision of the delegate – where onus on applicant to establish that the loss or destruction of the recording was material – whether statutory implication that failure to provide recording to the Authority constituted jurisdictional error – question of utility of any remitter in the circumstances – applications dismissed.

  • BQU18 & Ors v Minister for Home Affairs & Anor [2020] FCCA 807

    Published date: 15 Apr 2020

    MIGRATION – Applications for Safe Haven Enterprise Visas – loss or destruction of audio file recording of the first applicant’s sister’s protection visa interview claimed to have been relevant to consideration of applicants’ claims by the Immigration Assessment Authority – applicability of s. 473CB of the Act – where onus on applicant to establish that the loss or destruction of the recording was material was not discharged – where onus on applicant to establish that the recording was in the possession or control of the Secretary at the time of the referral of the matter to the Authority for its consideration of the decision of the delegate was not discharged – whether statutory implication that failure to provide recording to the Authority constituted jurisdictional error – question of utility of any remitter in the circumstances - applications dismissed.

  • Ahmed v Minister for Immigration & Anor [2020] FCCA 622

    Published date: 15 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Temporary Graduate (Class VC) (subclass 485) visa – whether the Tribunal’s inclusion of the word ‘and’ between subclauses (1) and (2) of clause 485.215 of Schedule 2 of the Regulations  resulted in jurisdictional error – no jurisdictional error made out – application dismissed.

  • Rauf v Minister for Immigration & Anor [2020] FCCA 792

    Published date: 14 Apr 2020

    MIGRATION – Student (Temporary) (Class TU) visa – decision of the Administrative Appeals Tribunal – where the applicant held no confirmation of enrolment – no jurisdictional error – application dismissed.

  • Patel & Ors v Minister for Immigration & Anor [2020] FCCA 808

    Published date: 14 Apr 2020

    MIGRATION – Employer Nomination (subclass 186) visa – decision of the Administrative Appeals Tribunal – where the applicants had no approved nomination – no jurisdictional error – application dismissed.

  • Naz v Minister for Immigration & Anor [2020] FCCA 796

    Published date: 14 Apr 2020

    MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – decision of the Administrative Appeals Tribunal – where the applicant held no confirmation of enrolment – whether Tribunal should have adjourned – no jurisdictional error – application dismissed.

  • FNH18 v Minister for Immigration & Anor [2020] FCCA 643

    Published date: 14 Apr 2020

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Iran – whether the Authority failed to deal lawfully with an integer of the applicant’s claims or made an unreasonable finding considered – no jurisdictional error.

  • Fix N Shop Pty Ltd v Minister for Immigration & Anor and Ong v Minister for Immigration & Anor [2020] FCCA 794

    Published date: 14 Apr 2020

    MIGRATION – Whether Tribunal was in error because it considered the wrong contract of employment – no error in the consideration of regulations by the Tribunal – application dismissed.

  • FGV18 v Minister for Immigration & Anor [2020] FCCA 733

    Published date: 14 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – non appearance decision and confirmation decision – whether either decision was unreasonable considered – no jurisdictional error.

  • Singh v Minister for Immigration & Anor [2020] FCCA 780

    Published date: 09 Apr 2020

    MIGRATION – Temporary Business Entry Visa – decision of Administrative Appeals Tribunal – failure to respond to invitation to provide information – loss of right to attend hearing – validity of invitation – whether the Tribunal erred – no error – application dismissed.

  • Khakpour v Minister for Immigration & Anor [2020] FCCA 815

    Published date: 09 Apr 2020

    MIGRATION – Application to rely upon affidavits going to length of time it took for the offshore processing of a visa – compassionate considerations relied upon in submissions – applicant granted leave to amend application.

  • FIV17 v Minister for Immigration & Anor [2020] FCCA 702

    Published date: 09 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Protection (Class XA) visa – whether the Tribunal had real doubt concerning a finding about whether the applicant was a member of a particular family – whether the Tribunal misunderstood the applicant’s claims – whether the Tribunal failed to give proper and genuine consideration to the evidence in support of the applicant’s claims – no jurisdictional error made out – application is dismissed.

  • CSZ16 v Minister for Immigration & Anor [2020] FCCA 772

    Published date: 09 Apr 2020

    MIGRATION – Protection Visa – decision of the Immigration Assessment Authority – whether the IAA failed to consider exercising the discretion in s.473DC(3) of the Migration Act – whether it was unreasonable for the IAA not to exercise the discretion in s.473DC(3) of the Migration Act – whether IAA erred in assessment relocation – no jurisdictional error – application dismissed.

  • AUJ19 v Minister for Immigration & Anor [2020] FCCA 804

    Published date: 09 Apr 2020

    MIGRATION – Absence of applicant at court hearing – application dismissed.

  • Ansari & Ors v Minister for Immigration & Anor [2020] FCCA 458

    Published date: 09 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a business entry visa – visa criteria amended prior to decision and the principal applicant ceased to be eligible – whether the Tribunal should have used the superseded criteria considered – no jurisdictional error.

  • AIT17 v Minister for Immigration & Anor [2020] FCCA 785

    Published date: 09 Apr 2020

    MIGRATION –  Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to decision of Independent Assessment Authority (Authority) not to grant applicant a safe haven enterprise visa – whether Authority properly applied “real chance test” having regard to findings it made – no jurisdictional error.

  • "Plaintiff P25 of 2017 v Minister for Immigration and Plaintiff P26 of 2017 v Minister for Immigration [2020] FCCA 728

    Published date: 08 Apr 2020

    MIGRATION – Protection Visa – Whether the Delegates’ decision was affected by jurisdictional error – where findings and reasons are exactly the same notwithstanding that they are made by two different Delegates – where the decision lacks independent intellectual assessment of the claims – where jurisdictional error has been established in Delegate’s decision – writs issued.

  • EOL17 v Minister for Immigration & Anor [2020] FCCA 691

    Published date: 08 Apr 2020

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka – applicant disbelieved in part and other fears found not to be well-founded – whether the Authority erred in its application of s.473DD of the Migration Act or erred in its credibility assessment of the applicant’s claims considered – no jurisdictional error.

  • Gill v Sehajdeep Pty Ltd [2018] FCCA 4033

    Published date: 08 Apr 2020

    INDUSTRIAL LAW – Small claim – underpayment of wages proved – failure to maintain accurate wage records.

  • Singh v Minister for Immigration & Anor [2020] FCCA 748

    Published date: 07 Apr 2020

    MIGRATION – Review of administrative appeals decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed.

  • Jajieh v Minister for Immigration [2020] FCCA 690

    Published date: 07 Apr 2020

    MIGRATION – Application to waive condition 8503 of Schedule 8 of the Migration Regulations 1994 (Cth) – whether the delegate erred by not finding that the applicant’s circumstances had changed – whether the delegate’s conclusion was unreasonable, illogical or irrational – whether the delegate made a jurisdictional error – no jurisdictional error made out – application dismissed.

  • Heo & Ors v Minister for Immigration & Anor [2020] FCCA 586

    Published date: 07 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of business visas – principal applicant found not to have requisite skills – applicants disputing the weight given by the Tribunal to material submitted after the Tribunal hearing – no jurisdictional error.

  • CVD19 v Minister for Immigration & Anor [2020] FCCA 660

    Published date: 07 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in India – applicant disbelieved – general grounds of review advanced – no jurisdictional error.

  • AWU15 v Minister for Immigration & Anor [2019] FCCA 496

    Published date: 07 Apr 2020

    MIGRATION – Judicial review – citizen of Pakistan – decision of Administrative Appeals Tribunal – decision affirming a decision of a delegate to refuse Protection (Class XA) visa – unparticularised assertion of jurisdictional error – whether failure to take into account relevant or material consideration as to steps taken by applicant to reach safety and applicant’s mental condition – whether error in country name typographical or jurisdictional – whether Tribunal considered claim as to applicant’s profile – whether impermissible merits review sought – [text redacted] – [text redacted] – whether applicant on active service – whether arbitrary judgment or denial of procedural fairness in relation to complementary protections obligations – whether jurisdictional error.

  • ACP17 v Minister for Immigration & Anor [2020] FCCA 763

    Published date: 07 Apr 2020

    MIGRATION – Application for review of decision of the Immigration Assessment Authority (IAA) – whether the IAA failed to take into account a relevant consideration – whether the IAA took into account an irrelevant consideration – whether the IAA was unreasonable – s.473GB certificate – no jurisdictional error revealed – application dismissed.

  • FZH18 v Minister for Home Affairs & Anor [2020] FCCA 738

    Published date: 06 Apr 2020

    MIGRATION – Safe Haven Enterprise Visa – Decision of the Immigration Assessment Authority – Whether the IAA erred in assessing the applicant’s evidence – where the applicant was a minor at the time of the entry interview – whether the IAA was required to address applicant’s age – no jurisdictional error – application dismissed.

  • FEO17 v Minister for Immigration & Anor [2020] FCCA 648

    Published date: 06 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise visa – whether the Authority erred in finding the Applicant’s passport was valid – whether the Authority erred in its reasoning process to conclude that the passport was valid – whether the Authority erred in its interpretation of the DFAT 2017 report – whether the Authority erred in not accepting the applicant’s profile would be of ongoing interest to authorities – whether the Authority’s decision is tainted by any form of legal unreasonableness, illogicality or irrationality – whether the Authority made a jurisdictional error – no jurisdictional error made out – application is dismissed.

  • Fair Work Ombudsman v Lindsay F. Nelson Manufacturing Pty Ltd (No.2) [2020] FCCA 718

    Published date: 06 Apr 2020

    INDUSTRIAL LAW – Application for declaration and pecuniary penalties following liability hearing – consideration of relevant matters – penalties imposed at levels in between the positions contended for by the parties.

  • Jeevaratnam & Anor v Combis & Anor [2020] FCCA 746

    Published date: 06 Apr 2020

    BANKRUPTCY – Application by respondents for summary dismissal of Applicants’ claims – Applicants’ claim not easy to construe and in part based on misunderstanding of the law – Applicants seeking standing to litigate case in County Court of Victoria – Applicants facing insuperable difficulties in any event – where the Applicants have no reasonable prospect of success – Application dismissed.

  • Allison v The Anglican Schools Commission Incorporated trading as John Septimus Roe Anglican Community School & Anor [2020] FCCA 760

    Published date: 06 Apr 2020

    PRACTICE AND PROCEDURE – Application for discovery – whether it is in the interests of the administration of justice to allow discovery – four categories of documents – relevance of documents sought not established – application dismissed.

  • EMO18 v Minister for Immigration & Anor [2020] FCCA 753

    Published date: 06 Apr 2020

    MIGRATION – Judicial Review – decision of Immigration Assessment Authority to refuse a protection visa – application for adjournment – where not satisfied an adjournment is likely to permit the applicant to obtain legal representation – where applicant claims he was denied procedural fairness as the Authority failed to take into account a relevant consideration – where applicant claims he is at risk of harm should he be returned to Sri Lanka because of publication of his name in relation to a murder charge of a Muslim man in South Australia that was subsequently dropped – where applicant failed to produce evidence to support this claim – where there was a suppression order in this case – where the Authority’s found that the applicant’s name had not been publicised in Sri Lanka – application dismissed.

  • Wangdi v Minister for Immigration & Anor [2020] FCCA 743

    Published date: 03 Apr 2020

    MIGRATION – Student visa – whether applicant complied with the requirements of regulation – no failure to consider claims – no jurisdictional error – application dismissed.

  • FYT18 v Minister for Immigration & Anor [2020] FCCA 727

    Published date: 03 Apr 2020

    MIGRATION – Protection Visa – whether Immigration Assessment authority’s decision affected by jurisdictional error – where no error established in Immigration Assessment authority’s decision – application dismissed.

  • BIX18 & Ors v Minister for Immigration & Anor [2020] FCCA 505

    Published date: 03 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visas – review application by the principal applicants incorrectly found to be lodged out of time but claims by a child applicant accepted for review – child’s claims dependent on those of the adult applicants which were not separately considered – whether the Tribunal misconstrued regulation 2.08 of the Migration Regulations 1994 (Cth) or whether the Tribunal decision wholly invalidated by jurisdictional error considered – error by the Tribunal as to its jurisdiction invalidated the decision.

  • CTF16 & Ors v Minister for Immigration & Anor [2017] FCCA 754

    Published date: 02 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – there is no integer of the applicants’ claims that was not dealt with by the Tribunal – the Tribunal correctly identified the applicants’ evidence and made an adverse finding open to the Tribunal – no jurisdictional error identified – application dismissed.

  • Sirajuddin v Minister for Immigration & Anor [2020] FCCA 703

    Published date: 02 Apr 2020

    MIGRATION – Administrative Appeals Tribunal – application for a Student (Temporary) (Class TU) visa – where the applicant’s application to the Tribunal was out of time – whether the Tribunal was negligent – no jurisdictional error made out – application dismissed.

  • Reddy v Minister for Immigration & Anor [2020] FCCA 15

    Published date: 02 Apr 2020

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a partner visa – sponsor informing the Minister’s Department that the relationship had ended – applicant invited to comment by the Tribunal – applicant not responding in time – Tribunal proceeding to make its decision without affording a further opportunity to comment – whether the process followed by the Tribunal was unfair or whether the Tribunal misconstrued its powers considered – whether the Tribunal’s reasoning was irrational, whether the Tribunal failed to exercise its statutory power or whether the Tribunal misconstrued s.359A considered – jurisdictional error established – correspondence which combines an invitation to comment with a request for information where one or other is not called for does not disentitle an applicant to a hearing where no response is made within the stipulated time period.

  • Maharjan v Minister for Home Affairs & Anor (No.2) [2020] FCCA 731

    Published date: 02 Apr 2020

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to decision made by the Administrative Appeals Tribunal (Tribunal) affirming decision not to grant applicant a Student (Temporary) (Class TU) visa as a member of the family unit of a person who held a student visa – whether in concluding it was not satisfied the applicant was a “genuine applicant for entry and stay as a member of the family unit . . . because . . . the applicant intends genuinely to stay in Australia temporarily” the Tribunal asked itself the wrong question – whether the Tribunal failed to take into account the applicant’s marriage with a person who held the student visa of whose family unit the applicant was a member – whether the Tribunal took into account an irrelevant consideration by inquiring into the applicant’s history as the holder of a student visa which he held not as a member of the family unit of a person who did hold a student visa – no jurisdictional error.

  • Katragadda v Minister for Immigration & Anor [2020] FCCA 723

    Published date: 02 Apr 2020

    MIGRATION – Skilled Visa – Decision of the Administrative Appeals Tribunal – whether the applicant was "indifferent" to agent's conduct – whether alleged fraud vitiated the Tribunal's decision – no jurisdictional error – application dismissed.

  • GLQ18 v Minister for Immigration & Anor [2020] FCCA 687

    Published date: 02 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise Visa – whether the Authority rejected the applicant’s claims for protection on the basis of adverse credibility findings – whether the Authority ought to have arrived at a different conclusion – whether the Authority failed to afford procedural fairness – whether the Authority made a jurisdictional error – no jurisdictional error made out – application is dismissed.

  • EYG18 v Minister for Immigration & Anor [2020] FCCA 725

    Published date: 02 Apr 2020

    MIGRATION – Protection Visa – whether Immigration Assessment authority’s decision affected by jurisdictional error – where no error established in Immigration Assessment authority’s decision – application dismissed.

  • EPI18 & Ors v Minister for Immigration & Anor [2020] FCCA 724

    Published date: 02 Apr 2020

    MIGRATION – Protection Visa – Whether Immigration Assessment authority’s decision affected by jurisdictional error – where no error established in Immigration Assessment authority’s decision – application dismissed.

  • DLT16 v Minister for Immigration & Anor [2020] FCCA 740

    Published date: 02 Apr 2020

    MIGRATION – Application for an extension of time in which to file application for judicial review – whether a sufficient explanation exists for the delay in bringing the application before the Court – application for an extension of time refused – application dismissed with costs.

  • DCI19 v Minister for Immigration & Anor [2020] FCCA 734

    Published date: 02 Apr 2020

    MIGRATION – Protection Visa – whether Administrative Appeal Tribunal decision affected by jurisdictional error – where no error established in Administrative Appeal Tribunal’s decision – application dismissed.

  • Chawala v Minister for Immigration & Anor [2020] FCCA 729

    Published date: 02 Apr 2020

    MIGRATION – Application for judicial review – Skilled (Provisional) (Class VC) visa – no matters of principle – application dismissed.

  • BWT19 v Minister for Home Affairs & Anor [2020] FCCA 737

    Published date: 02 Apr 2020

    MIGRATION – Application in a case seeking that orders for summary dismissal be set aside – whether the Court exercise discretion to set aside orders made in the applicant’s absence – abuse of process – no prospects of success on the substantive application – application dismissed with costs.

  • Faiello v Unique Lines Australia Pty Ltd & Ors [2020] FCCA 735

    Published date: 02 Apr 2020

    INDUSTRIAL LAW – Fair Work Act – Where proceedings dismissed by reason of applicant failing to attend – application for re-instatement – adequacy of explanation – where there are clear deficiencies in practice management skills of applicant’s solicitor – whether a potential remedy for the applicant could adequately address potential punitive aspects of the initiating application as against the respondents – application for re-instatement granted – applicant’s solicitor referred to Law Society for professional standards guidance.

  • CZA19 v Minister for Immigration & Anor [2020] FCCA 686

    Published date: 01 Apr 2020

    MIGRATION – Protection visa – extension of time – Application 34 days late - Applicant citizen of Poland – fears retribution by government and organised crime figures for criminal acts committed in Poland – explanation for delay not accepted – application lacking merit – application refused

  • Medinova Pty Limited v Minister for Immigration & Anor [2020] FCCA 710

    Published date: 01 Apr 2020

    MIGRATION – Regional Sponsored Migration Scheme – nomination – refusal – review of Administrative Appeals Tribunal (“Tribunal”) decision.

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that it failed to notify the applicant that it had received a certificate issued pursuant to s.375A of the Migration Act 1958.

  • Kazmi v Minister for Home Affairs & Anor [2020] FCCA 730

    Published date: 01 Apr 2020

    MIGRATION – Application for judicial review – applicant sought adjournment by way of email – adjournment denied – applicant failed to attend court – application dismissed pursuant to rule.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • FHZ17 v Minister for Immigration & Anor [2020] FCCA 623

    Published date: 01 Apr 2020

    MIGRATION – Immigration Assessment Authority – application for temporary protection visa – whether the Authority was legally unreasonable – whether the Authority failed to consider whether or not to sexercise s.473DC of the Migration Act 1958 (Cth) – whether the Authority committed jurisdictional error – no jurisdictional error made out – application is dismissed.

  • EWF18 & Ors v Minister for Immigration & Anor [2020] FCCA 447

    Published date: 01 Apr 2020

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of protection visas – first applicant claiming a fear of harm in Iran – first applicant not believed – whether the Authority overlooked evidence or failed to consider the possibility of it being wrong considered – no jurisdictional error.

  • Damania v Minister for Home Affairs & Anor [2020] FCCA 711

    Published date: 01 Apr 2020

    MIGRATION – Regional Employer Nomination (Permanent) visa – refusal – review by Administrative Appeals Tribunal – no matter of principle.

  • AXU17 v Minister for Immigration & Anor [2020] FCCA 708

    Published date: 01 Apr 2020

    MIGRATION – Safe Haven Enterprise Visa – refusal – review of Immigration Assessment Authority (“IAA”) decision – allegation that IAA’s decision affected by jurisdictional error by failure to consider an integer of the claim – speculation as to past events impermissible.

  • ATR17 v Minister for Immigration & Anor [2020] FCCA 709

    Published date: 01 Apr 2020

    MIGRATION – Persecution – review of Administrative Appeals Tribunal (“Tribunal”) decision – visa – protection visa – refusal – no matter of principle.

  • ANC17 v Minister for Immigration & Anor [2020] FCCA 707

    Published date: 01 Apr 2020

    MIGRATION – Protection – temporary protection visa – refusal – review of Immigration Assessment Authority (“IAA”) decision – whether a person’s occupation could be a characteristic fundamental to their identity or conscience for the purposes of s.5J of the Migration Act 1958.

    MIGRATION – AYY17 v Minister for Immigration & Border Protection [2017] FCCA 2886 disapproved.

  • Pagan & Beattie (No.4) [2020] FCCA 820

    Published date: 30 Apr 2020

    FAMILY LAW – Parenting – presumption of equal shared parental responsibility applied – whether child is to spend equal time or significant and substantial time with the mother – child to spend equal time with parents.

  • Hallett & Malcolm & Anor [2020] FCCA 835

    Published date: 30 Apr 2020

    FAMILY LAW – Whether two children should spend time with their paternal grandmother in circumstances where she has little or no relationship with them – where their father, who has a significant history of violence, drug abuse and criminal behaviour, does not see them – where the mother is afraid that the paternal grandmother will bring the father into contact with the children if she has unsupervised time with them – where the father’s family are Aboriginal and the mother’s is not – where the mother suffers from Post-Traumatic Stress Disorder as a result of the father’s violence.

  • Garrod & Harbig [2019] FCCA 3796

    Published date: 30 Apr 2020

    FAMILY LAW – Parenting – Dispute about parenting arrangements for a child aged 6 – child living with the respondent – where the applicant was seeking an order that the child live with her – where the applicant recently provided synthetic urine when ordered to do a urine drug test, has not kept her solicitor instructed and was not at court for a mention of the matter – matter finalised on an undefended basis.

  • Beadle & Danks [2019] FCCA 3895

    Published date: 30 Apr 2020

    FAMILY LAW – Parenting – section 102NA mandatory protection for parties in certain cases – cross-examination – where there is an allegation of family violence.

  • Wakeley & Wakeley (No.2) [2020] FCCA 652

    Published date: 29 Apr 2020

    FAMILY LAW – Costs – offer of settlement by Husband – not accepted by Wife – parties conduct – late disclosure – no failure to comply with previous orders – no circumstances that would justify costs order.  

  • Levens & Gaisford[2020] FCCA 810

    Published date: 29 Apr 2020

    FAMILY LAW – Parenting – mother having died in car accident – nine year old boy having four half siblings – two other half-siblings living at home – the three younger half-siblings cared for by the maternal grandparents after the mother’s death – the three half-siblings living at home each having a different father – younger half-sibling moving to live with his father by consent – older half-sibling remaining with maternal grandparents by consent – nine year old boy the subject of the proceeding told as a child that his father did not want him – father not knowing of boy’s existence until he was four years old – father living nine hours’ drive away – father spending limited amount of time with nine year old boy since learning of his existence, but now seeking that child live with him and that he have sole parental responsibility – family consultant particularly concerned about boy’s psychological development and identity formation, in circumstances where he was told his father did not want him – family consultant considering that sibling bonds secondary to parental bond, in circumstances where boy has only one surviving parent and where he was told his father did not want him.

  • Iannello & Iannello (No.7) [2020] FCCA 840

    Published date: 29 Apr 2020

    FAMILY LAW – CHILDREN – Suspension of time with Father – Application by the Mother seeking suspension of Father’s time with children for two months – where final judgment and orders were made and children absconded immediately – where the Father failed to comply with final orders.

  • Hadcraft & Hadcraft [2020] FCCA 836

    Published date: 29 Apr 2020

    FAMILY LAW – Parenting – Whether the mother has committed family violence– whether the mother has unduly influenced the children’s relationship with the father - whether the father has committed family violence – whether the father’s alcohol consumption is in excess to effect his ability to parent – whether the current arrangement will lead to the children having no relationship with their father - whether there should be a change of residence and a 90 day moratorium should be implemented. 

  • Greenfield & Conley (No.2) [2020] FCCA 827

    Published date: 29 Apr 2020

    FAMILY LAW – Parenting – US child orders – where US orders have not been registered in Australia despite efforts to do so – where father seeks wide-ranging orders in part inconsistent with US orders – Rice & Asplund hearing – definition of “court” in Family Law Regulations – where satisfied a reference to “a court” in subregulation 23(6) includes the Federal Circuit Court – where satisfied there are no significant change in circumstances that would merit a reconsideration of existing parenting orders – overseas orders directed to be registered in FCC. 

  • Randell & Adler [2020] FCCA 767

    Published date: 28 Apr 2020

    FAMILY LAW – Parenting – best interests of children – orders made.

  • Raikes & Raikes [2020] FCCA 787

    Published date: 28 Apr 2020

    FAMILY LAW – Parenting – child aged 7 – extensive history of family violence - father recently sentenced to four years imprisonment for sexually assaulting the mother – where the father has taken no part in the proceedings since his imprisonment – mother to have sole parental responsibility and the child to live with the mother and spend no time with and have no communication with the father.

  • Napier & Malpass [2020] FCCA 745

    Published date: 28 Apr 2020

    FAMILY LAW – Parenting – where the mother seeks to relocate to Country A with 8 year old son – emotional and financial difficulties if she were to remain in Australia – father opposes relocation – where the child would lose the connection with his father and paternal family – where it is not in the child’s best interests to relocate to Country A.  

  • Mattick & Mattick & Anor [2020] FCCA 437

    Published date: 28 Apr 2020

    FAMILY LAW – Parenting – children currently reside with the Maternal Grandparents – children have various levels of psychological vulnerability –– significant history of domestic violence and poor co-parenting relationship between the parents – orders for equal shared parental responsibility between Maternal Grandparents and the Mother – orders for children to remain in the care of the Maternal Grandparents and spend time with each of the parents – orders for the Father’s time with the children to progress cautiously. 

  • Sully & Sully & Anor [2020] FCCA 803

    Published date: 27 Apr 2020

    FAMILY LAW – Property – transfer of proceedings to the Family Court of Australia – where there are significant and complex factual and legal issues involved in the proceedings – where the matter involves interactions between different jurisdictions. 

  • Lacy & Cloett [2020] FCCA 791

    Published date: 27 Apr 2020

    FAMILY LAW – Property – application by the applicant seeking leave to commence property proceedings out of time pursuant to s.44(6) of the Family Law Act 1975 (Cth) – Where it is found the applicant would not suffer hardship if leave not granted – applicant’s application dismissed. 

  • Galanis & Galanis [2020] FCCA 564

    Published date: 27 Apr 2020

    FAMILY LAW – Parenting – equal time arrangement – both parents to facilitate the children’s participation in sport. 

  • Stern & Colli [2020] FCCA 795

    Published date: 24 Apr 2020

    FAMILY LAW – Parenting – consideration of equal shared parental responsibility – consideration of increased time between father and child considering child’s age, stage of development and geographical distance between the parties – best interests of the child.

  • Salton & Farraday [2020] FCCA 770

    Published date: 24 Apr 2020

    FAMILY LAW – Contravention – serious disregard of orders.

  • Defrey & Radnor [2020] FCCA 713

    Published date: 24 Apr 2020

    FAMILY LAW – Procedural – Application to re-open proceedings following consent orders being made in 2015 – consideration of Rice v Asplund principles – Applicant Father confirmed that issues raised are more about slight refinement of Orders – no other Application filed since 2015 Orders which further leads to the view that the issues raised by the Father are more matters of procedure and logistics and do not constitute a “material change in circumstances” – Application dismissed with an Order for costs in favour of the Mother.

  • Zeelan & Abney [2020] FCCA 884

    Published date: 23 Apr 2020

    FAMILY LAW – Interim care arrangements for a young child – competing allegations of family violence – more generalised allegations of violence – conceded volatile and conflictual relationship between the parents – whether time requires supervision – consideration of unacceptable risk – significant geographic distance between the parents – consideration of COVID 19 as regards the health of the mother and child – social distancing and isolation – father required to travel to and obtain accommodation in the area in which the child lives and at which time is to occur – time or changeovers occurring in a public place ill-advised and contraindicated – child’s best interests require certainty and safety. 

  • Palmere & Walbank [2020] FCCA 765

    Published date: 23 Apr 2020

    FAMILY LAW – Enforcement application – where parties compromise property proceedings – where terms of settlement embodied in consent order – where order made by a Registrar – where respondent allowed sixty days to pay settlement sum – where respondent then brings Contravention Application – where summary judgement given against respondent with costs – where applicant suffers hardship – where respondent raises multiple issues against the enforcement – relief granted – order for payment – order for seizure and sale suspended for two months.

  • Lambdin & Lambdin [2020] FCCA 773

    Published date: 23 Apr 2020

    FAMILY LAW – Parenting – child support – applicant father seeks that his child support obligations be reduced together with certain ancillary orders in relation to the spend time regime whereby his children see him – mother seeks to change the parenting orders and to ensure that the father continues to pay as much child support as possible – orders made that the parenting plan made in 2017 remain largely in effect save that the Father be relieved from any obligation to pay for extracurricular activities and that X’s time with the father should be in accordance with her wishes.

  • Kanda & Kanda [2020] FCCA 736

    Published date: 23 Apr 2020

    FAMILY LAW – Parenting – best interests of the child – orders made.

  • Hayles & Dalkeith [2020] FCCA 751

    Published date: 23 Apr 2020

    FAMILY LAW – Parenting – parental responsibility – substantial attendance – overseas travel. 

  • Wen & Jong [2020] FCCA 749

    Published date: 22 Apr 2020

    FAMILY LAW – Parenting – interim urgent application – two children 10 months and three – Mother’s mental health – unacceptable risk – interim change of residence of children – supervised time with mother – procedural orders.

  • Tarrant & Mariller [2020] FCCA 679

    Published date: 22 Apr 2020

    FAMILY LAW – Final Parenting – Assessment of risk posed to child by mother – no order for time.

  • Leung & Fan [2020] FCCA 764

    Published date: 21 Apr 2020

    FAMILY LAW – Pre-marriage financial agreement – property – maintenance – application to set aside financial agreement – whether a financial agreement – whether agreement void, voidable or unenforceable – allegations of duress withdrawn – allegations of undue influence withdrawn – unconscionable conduct – applicable principles – Thorne v Kennedy (2017) 263 CLR 85 distinguishable – whether applicant at special disadvantage – whether disadvantage seriously impeded applicant’s ability to make decision to enter agreement – whether improper advantage taken – where parties each attended upon independent lawyer and obtained advice – certificates issues by lawyers – forensic onus not discharged – application to set aside agreement refused – whether agreement binding – declare agreement void insofar as it purported to exclude or limit the power of a court to make an order for maintenance – orders permitting applicant to amend application to pursue application for maintenance – orders permitting respondent to amend response to seek order that agreement binding.

  • Iannello & Iannello (No.6) [2019] FCCA 761

    Published date: 21 Apr 2020

    FAMILY LAW – CHILDREN – Recovery order – ex parte judgment – application by the mother seeking a recovery order – where final judgment and orders were made the day prior to recover order application – where the father has failed to comply with the final orders – recovery order issued.

  • Gatakis & Gatakis [2020] FCCA 616

    Published date: 21 Apr 2020

    FAMILY LAW – Property settlement – long marital relationship – consideration of ‘myriad of contributions’ – where wife’s ill health and limited life expectancy affects future needs.

  • Raleigh & Pauley [2020] FCCA 195

    Published date: 20 Apr 2020

    FAMILY LAW – Property and spousal maintenance – contributions – s.75(2) factors – one or two pool approach – onus of proof in spousal maintenance application where applicant has made no reasonable effort to contribute to her own support.

  • Palin & Palin [2020] FCCA 701

    Published date: 20 Apr 2020

    FAMILY LAW – Property – undefended final hearing – contributions – family violence – whether contributions made more arduous.

  • Palgrove & Palgrove [2020] FCCA 846

    Published date: 20 Apr 2020

    FAMILY LAW – Where proceedings were referred to arbitration – Application made to discharge the referral to arbitration – allegations of significant family violence – concerns with respect to parties being physically present at the same location – whether it is open to the parties, by consent or otherwise, to withdraw their prior consent to a referral to arbitration and return the matter to Court – is the dispute arbitrable – where public interest in the subject matter or determination of the dispute could render a dispute non-arbitrable – what should occur if the dispute is arbitrable – Order made for the arbitration to proceed by one or both parties attending by video.

  • Gatrill & Gatrill [2019] FCCA 3885

    Published date: 20 Apr 2020

    FAMILY LAW – Parenting – allegations of family violence – interim hearing – requirement to act cautiously – issue whether time should be supervised – supervised time ordered – child inclusive conference ordered – matter to be further considered when additional evidence available.

  • Galena & Galena [2020] FCCA 432

    Published date: 20 Apr 2020

    FAMILY LAW – Property Settlement – assessment of contributions.

  • Franner & Harkness [2020] FCCA 627

    Published date: 20 Apr 2020

    FAMILY LAW – Parenting and Property.

  • Bawden & Bawden [2020] FCCA 666

    Published date: 20 Apr 2020

    FAMILY LAW – Contravention application – parenting – whether reasonable excuse – mental health of the father.

  • Bartlett & Dennyl (No.2) [2020] FCCA 678

    Published date: 20 Apr 2020

    FAMILY LAW – Interim hearing-interim spousal maintenance and property provision orders sought – orders made.

  • Vallace & Vallace [2020] FCCA 664

    Published date: 17 Apr 2020

    FAMILY LAW – Parenting – interim – consideration of change to children’s living arrangements – shared care arrangement of the children pursuant to final consent orders in June 2018 – where children’s mental and psychological wellbeing has deteriorated since the making of final orders – where the parents are unable to effectively communicate for the benefit of the children – sole parental responsibility ordered in relation to medical decisions.

  • Tong & Gill [2020] FCCA 581

    Published date: 17 Apr 2020

    FAMILY LAW – Parenting – how a father’s time with his daughter should progress in circumstances where the mother accuses him of family violence and questions his parenting capacity.

  • Parsons & Berry & Anor [2020] FCCA 700

    Published date: 17 Apr 2020

    FAMILY LAW – Parenting – parental responsibility – best interests of the child – where child lives with mother – where paternal grandmother seeks child live with her – where father has not participated in Court proceedings – where mother and father have history of illicit drug use – where hostile relationship between mother and paternal grandmother – where real risk the child will not be shielded from expressions of the paternal grandmother’s hostility towards o denigration of the mother – child is to live with mother – child is to spend limited time with paternal grandmother.

  • Huda & Huda [2020] FCCA 822

    Published date: 17 Apr 2020

    FAMILY LAW – Parenting – risk of harm – where the father made false allegations of sexual abuse against the mother – where the father knew the allegations of sexual abuse were false – family violence. 

    FAMILY LAW – Property – re-hearing following appeal – third party loan alleged – judgment debt – secured creditor – allegations of sham transactions – standard of proof – where the husband deliberately failed to provide disclosure of documents – where the husband deliberately failed to provide disclosure of his financial affairs – where the husband embarked upon a course of conduct which was deliberately designed to diminish  the size of the property pool – contributions –  future needs – justice and equity – unsecured creditors.

    FAMILY LAW – Property – Court appointed Trustee.

    FAMILY LAW – Property – notice served by Child Support Registrar.

  • Gambrell & Gambrell [2020] FCCA 537

    Published date: 17 Apr 2020

    FAMILY LAW – Property settlement – marital relationship – pool uncertain as business yet to be sold – contributions – future earning capacity.

  • Sandis & Feltham [2020] FCCA 662

    Published date: 15 Apr 2020

    FAMILY LAW – Parenting – best interests of child – where mother and independent children’s lawyer seek agreed orders – where father is absent from proceedings – where mother’s background of criminal offences and drug use raises concern about parenting capacity – where supervision and therapeutic interventions are in place for the mother and the children – where the children are a relatively mature age – orders made as agreed between mother and independent children’s lawyer – children to live with mother.

  • Belrose & Belrose [2020] FCCA 177

    Published date: 15 Apr 2020

    FAMILY LAW – PRACTICE & PROCEDURE – Subpoena objection.

  • Hannaford & Naish [2020] FCCA 560

    Published date: 14 Apr 2020

    FAMILY LAW – Interim parenting – high conflict – what time the father should spend with the child.

  • Hallum & Walston (No.2) [2020] FCCA 13

    Published date: 14 Apr 2020

    FAMILY LAW – Parenting – whether there is a risk of harm to child if time with mother is unsupervised.

  • Gabor & Farro [2020] FCCA 695

    Published date: 14 Apr 2020

    FAMILY LAW – Parenting – application for children to spend time with mother – where children live with father – children to spend time with mother in accordance with her leave and school holiday periods.

  • Downs & Downs (No.2) [2020] FCCA 663

    Published date: 14 Apr 2020

    FAMILY LAW – Property – application for an alteration of property interests – where all properties in dispute are encumbered – where mortgages, judgment debt and other costs significantly reduce value of real property pool – where chattel values are disputed and not independently valued – where disparity of incomes due to wife’s role as homemaker and mother – where husband pays child support – adjustment in favour of the wife for section 75(2) factors of 20 per cent.

  • Sastry & Sastry [2019] FCCA 3526

    Published date: 09 Apr 2020

    FAMILY LAW – Interim parenting – best interests of children – orders made.

  • O’Hara & O’Hara [2020] FCCA 569

    Published date: 09 Apr 2020

    FAMILY LAW – Parenting – risk of harm.

  • Madera & Nardos (No.3) [2020] FCCA 609

    Published date: 09 Apr 2020

    FAMILY LAW – Parenting – where there is a succession of allegations made by the father and the children that the mother assaulted the children – where the truth of allegations has not yet been determined or fully investigated – where there are serious allegations of physical abuse of a child meriting the attention of a superior Court – the matter be transferred to the Family Court.

  • Kaigler & Kaigler & Anor (No.2) [2020] FCCA 610

    Published date: 09 Apr 2020

    FAMILY LAW – Ruling on costs application.

  • gham & Eardley [2020] FCCA 570

    Published date: 09 Apr 2020

    FAMILY LAW – Interim parenting – short form reasons – family therapy – no further orders for time.

  • Ebner & Seaver [2020] FCCA 633

    Published date: 09 Apr 2020

    FAMILY LAW – Parenting – whether a ten-year-old child should spend overnight with his father before a school day – whether the child’s passport should be held by the mother or the father.

  • Caito & Sauber [2020] FCCA 694

    Published date: 09 Apr 2020

    FAMILY LAW – Parenting – application for recovery order – best interests of the child – where father unilaterally relocated child – where child suffers from serious medical condition putting her at risk of death – where child has been exposed to parent’s conflict – where child is a relatively mature age – appropriate step is to ascertain child’s wishes from independent source.

  • Zackary & Rabassa (No.3) [2020] FCCA 402

    Published date: 08 Apr 2020

    FAMILY LAW – Competing residence applications – mother has made repeated allegations that X is unsafe in his father’s care – parenting capacity – risk of psychological harm – who can best facilitate X’s relationship with the other parent.

  • Zackary & Rabassa (No.2) [2019] FCCA 2902

    Published date: 08 Apr 2020

    FAMILY LAW – Parenting – interim – mother withholding child from father – observations of child with mother and father – child not at an unacceptable risk in father’s care.

  • Zackary & Rabassa [2019] FCCA 2901

    Published date: 08 Apr 2020

    FAMILY LAW – Parenting – interim – mother withholding child from the father – allegations of abuse of the child by the father – application for change of residence by the father on an interim basis.

  • Matley & Matley [2020] FCCA 571

    Published date: 08 Apr 2020

    FAMILY LAW – Property – Where there are two young children of the relationship – where the relationship was for a total of approximately 3 years - how the contributions to the construction and purchase of the A Street, Town B property should be determined - what should be included in the asset pool - what adjustment, if any, is just and equitable.

  • Chandler & Sadler & Ors [2020] FCCA 450

    Published date: 08 Apr 2020

    FAMILY LAW – Property – where the husband was declared bankrupt two-and-a-half years after separation – where even at that time the parties’ assets outweighed their debts – where the husband takes responsibility for the current situation as it was his inaction that caused the debts, interest and Trustee in bankruptcy fees and charges to balloon so that the amount required to annul his bankruptcy now means that he will personally receive nothing from the property settlement – whether there ought to be two pools – whether certain debts are debts of the marriage.

  • Tandy & Eastman [2020] FCCA 541

    Published date: 07 Apr 2020

    FAMILY LAW – Parenting – interim order – best interests of child – right to meaningful relationship with both parents – where mother unilaterally relocates child – where child is an infant – where mother is primary carer – where child spends time with father – where mother alleges family violence against the father – where the Court not satisfied there is an unacceptable risk of harm to the child or to the mother– mother to return her residence and that of the child to Darwin until further determination can be made by the Court.

  • Saraf & Saraf [2020] FCCA 442

    Published date: 07 Apr 2020

    FAMILY LAW – Property – Consideration of Notional Add Backs – Consideration of Loans.

  • Sankar & Rai [2020] FCCA 392

    Published date: 07 Apr 2020

    FAMILY LAW – Application – contravention – reasonable excuse established – orders stayed.

  • Sachar & Kalita & Anor [2020] FCCA 383

    Published date: 07 Apr 2020

    FAMILY LAW – Parenting – Application for the Father’s telephone time with the children to be suspended – allegations of domestic violence – various procedural Applications dismissed including an Application for the matter to be transferred to the Family Court of Australia and for the Court to appoint a lawyer for the Applicant – Application for Review of a decision by the Registrar dismissed – Orders for supervised telephone time only with the Father.

  • Stock & Maudlin [2019] FCCA 2919

    Published date: 06 Apr 2020

    FAMILY LAW – Spousal maintenance – application to discharge orders – respondent cohabiting with another person – lack of full and frank disclosure – order discharged.

  • Taggart & Taggart [2020] FCCA 194

    Published date: 06 Apr 2020

    FAMILY LAW – Application to grant leave to bring property proceedings out of time pursuant to s.44(3) – hardship – reasons for delay

  • Pagonis & Pagonis & Ors [2020] FCCA 542

    Published date: 06 Apr 2020

    FAMILY LAW – Parenting – best interests of child – where child lives with mother – where child’s relationship with father is problematic – where relatively mature child – where child’s wishes should be given significant weight – child to live with mother – child to spend time with father subject to the child’s wishes.

  • McCue & Addington [2020] FCCA 555

    Published date: 06 Apr 2020

    FAMILY LAW – Parenting – whether the father’s partner should be present during the father’s time with the children – application of Goode & Goode – consideration of children’s continued exposure to family violence – no change to current orders.

  • Mandley & Debbins [2020] FCCA 523

    Published date: 06 Apr 2020

    FAMILY LAW – PROPERTY – Where the de facto wife made an application for property settlement four and a half years out of time – refusal to grant leave to extend time under s.44 of the Act – where the de facto wife filed an Amended Initiating Application that did not include an application for an order for leave – no jurisdiction to entertain the Amended Initiating Application – Amended Initiating Application be dismissed – no evidence of any circumstance of a de facto relationship existing.

  • Malvard & Caudle [2020] FCCA 364

    Published date: 06 Apr 2020

    FAMILY LAW – Property – Application for leave to apply for a property settlement out of time – relationship of 34 years – parties reached informal property settlement – Applicant Husband received significantly larger sum in the informal settlement – Applicant Husband made representations he would not pursue a formal settlement in light of parties’ informal agreement – where the Respondent Wife made significant financial decisions post-separation in reliance of the informal agreement – where the Applicant Husband does not establish any hardship – where allowing the Application to proceed would likely cause hardship to the Respondent – Application dismissed with costs.

  • Mafton & Salmet [2020] FCCA 256

    Published date: 03 Apr 2020

    FAMILY LAW – Residence contest between the father and maternal aunt – mother deceased – whether or not there are issues of risk in the father’s care due to his beliefs about medicine – mother and father Jehovah’s Witnesses – controversy over medical treatments mother received – aunt’s willingness to facilitate father’s relationship with child – controversy with respect to sexual abuse allegations – importance of maintaining connections with paternal and maternal family – parties live two hours’ drive apart.

  • Loomis & Pattison [2020] FCCA 345

    Published date: 03 Apr 2020

    FAMILY LAW – Court-referred arbitration - Application to Register Arbitral Award – Objection to registration of Arbitral Award – consideration of the grounds for objecting to the registration of an Arbitral Award – consideration of whether the Arbitral Award or arbitral process is void or voidable – withdrawal of consent to Court-referred arbitration – procedural fairness – where the respondent failed to assist himself – allegations of bias against arbitrator – where there is no rational basis for bias.

    FAMILY LAW – Costs – party/party costs – financial circumstances of the parties – conduct of the parties – where the respondent has been wholly unsuccessful.

  • Leong & Wu (No.2) [2020] FCCA 271

    Published date: 03 Apr 2020

    FAMILY LAW – Application pursuant to Order 16.05 Federal Circuit Court Rules 2001 to reopen proceedings when orders had been made in the husband’s absence – Where reasonable explanation for absence clearly demonstrated – where husband’s material had been filed and was considered in the undefended determination of the matter – where the husband’s case could fairly be described as incapable of successful prosecution – lengthy and extensive history of litigation – where with proceedings relate to both property adjustment and parenting – where the child the subject of the proceedings will, by the time of any rehearing, have attained her majority or an age where the orders sought by the husband would not, in all probability, be made – where there is no utility in re-opening the proceedings – application to re-open dismissed.

  • Keddy & Keddy [2019] FCCA 3850

    Published date: 03 Apr 2020

    FAMILY LAW – Parenting – undefended final hearing – 3 children aged 16, 14, and 8 years – where the mother seeks live with and sole parental responsibility orders – where mother seeks no time order – where the mother is primary carer – where the father suffers severe mental conditions resulting in emotional instability and intimidating and aggressive behaviour constituting family violence against mother, and on occasion the children – where the father admits to using illicit drugs including ice – where the father failed to properly participate in proceedings –where the mother’s evidence is unchallenged – best interests of children.

    FAMILY LAW – Property – undefended final hearing – where the wife seeks property settlement orders – where the husband failed to provide disclosure or to properly participate in the proceedings ¬ where the husband failed to apply for the appointment of a litigation guardian despite ample opportunity – where initial contributions were nominal – where the contributions of the parties at separation were equal – where post separation the husband accessed substantial funds from his superannuation and the parties’ former business, the use of which remains unexplained – where the husband has accrued significant credit card debt post separation – where the husband did not pay child support – where the mother has sole care of the children – just and equitable outcome.

    FAMILY LAW – Costs – where the father has failed to properly participate in proceedings and whose behaviour has fallen far short of what the court would expect – fixed costs awarded to the mother.

  • Jeffcote & Bargett [2020] FCCA 485

    Published date: 02 Apr 2020

    FAMILY LAW – Discharge of Independent Children’s Lawyer – failure to properly represent children – failure to issue relevant subpoena – failure to inspect subpoena – ICL discharged.

  • Harborne & Joyners [2020] FCCA 540

    Published date: 02 Apr 2020

    FAMILY LAW – PARENTING – Child aged 7 – father proposing that he have sole parental responsibility for the child and that the child live with him - where the child has always lived with his mother – where the mother seeks that the child remain living with her and that the parents have equal shared parental responsibility – where the child has a moderate intellectual delay and behavioural issues and requires ongoing support, assessments and therapies – where the parents relationship is so poor that it is not in the child’s best interests for them to share parental responsibility – where the mother has not neglected the child but where the father is better at managing the child’s behaviour, is more active in seeking appropriate assistance for the child and is more likely to appropriately support the child at home – where the child has a good relationship with the father and should weather a change of residence – child to live with the father and the father to have sole parental responsibility.

  • Hallifax & Bessant [2020] FCCA 241

    Published date: 02 Apr 2020

    FAMILY LAW – Six Contravention Applications filed by the Father – significant geographical distance between the parties – distrustful and acrimonious parenting relationship – findings that the Mother breached parenting Orders on three occasions without reasonable excuse – finding that the Mother breached parenting Orders on one occasion with “reasonable excuse” – two Contraventions formally dismissed – further submissions required in relation to penalty following the Court’s findings regarding breaches.

  • Mottershead Investments Pty Ltd v Aircraft Support Industries Engineering Pty Ltd (in Liquidation) & Ors (No.3) [2020] FCCA 699

    Published date: 01 Apr 2020

    CONSUMER LAW – Interest – interest up to judgment – resolution of dispute as to the date from which interest should accrue – observations on the appropriate rate of interest.

  • Northam & Lowrey [2020] FCCA 374

    Published date: 01 Apr 2020

    FAMILY LAW – Parenting – where child with special needs due to autism spectrum disorder – where child lives with mother and spends time with father –where father has history of non-compliance with court orders and refusal to cooperate with mother – mother sought an order for sole parental responsibility in relation to certain matters and shared parental responsibility for all other matters – where vulnerable child requiring supervision and protection – where family violence – where denigration of mother by father – orders for child to live with mother and spend time with father under strict conditions.

  • Hogarth & Scrivens (No.2) [2020] FCCA 377

    Published date: 01 Apr 2020

    FAMILY LAW – Parenting – whether parents should share parental responsibility – whether an almost four-year-old child should spend time with his father in circumstances where the parents are in high conflict and the mother claims that the father’s personality traits and behaviour mean her mental health is adversely affected to the extent that it has an impact on her parenting capacity – where the mother seeks that the child spend no time with the father and the father seeks extended time with the child.

    FAMILY LAW – Whether the court should make a vexatious proceedings order under s.102QB(2) of the Family Law Act 1975.

  • Halsey & Jacombs [2020] FCCA 136

    Published date: 01 Apr 2020

    FAMILY LAW – Parenting – high conflict – serious allegations made – parenting orders in the best interests of child – alteration of property interests – assessment of contribution and future needs – just and equitable orders.

  • Hadfield & Walberts & Anor (No.2) [2020] FCCA 539

    Published date: 01 Apr 2020

    FAMILY LAW – Ruling on costs application.

  • Lu v Minister for Immigration & Anor [2016] FCCA 2043

    26 August 2016

    MIGRATION – Application for a Student (Temporary) (Class TU) visa – review of decision of Migration Review Tribunal – whether the Tribunal fell into jurisdictional error for not giving the applicant additional time to submit documentary evidence – whether a claim of incorrect translation services provided to the applicant at the Tribunal hearing affected the Tribunal’s decision – whether the Tribunal considered all of the applicant’s claims – no jurisdictional error – application dismissed.
  • Lu v Minister for Immigration & Anor [2016] FCCA 2043

    26 August 2016

    MIGRATION – Application for a Student (Temporary) (Class TU) visa – review of decision of Migration Review Tribunal – whether the Tribunal fell into jurisdictional error for not giving the applicant additional time to submit documentary evidence – whether a claim of incorrect translation services provided to the applicant at the Tribunal hearing affected the Tribunal’s decision – whether the Tribunal considered all of the applicant’s claims – no jurisdictional error – application dismissed.

  • SZTJB v Minister for Immigration & Anor [2016] FCCA 2158

    26 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal failed to consider a particular social group or to consider extortion claim or applied the incorrect test, asked itself incorrect questions or failed to ask the correct questions – no jurisdictional error.
  • SZTJB v Minister for Immigration & Anor [2016] FCCA 2158

    26 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal failed to consider a particular social group or to consider extortion claim or applied the incorrect test, asked itself incorrect questions or failed to ask the correct questions – no jurisdictional error.

  • BVL15 v Minister for Immigration & Anor [2016] FCCA 2157

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in failing to consider the Refugee criterion where the Delegate had already considered same – whether the Tribunal failed to address the applicant’s religious claims – no jurisdictional error – application dismissed.
  • BVL15 v Minister for Immigration & Anor [2016] FCCA 2157

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in failing to consider the Refugee criterion where the Delegate had already considered same – whether the Tribunal failed to address the applicant’s religious claims – no jurisdictional error – application dismissed.

  • Singh v Minister for Immigration & Anor [2016] FCCA 2131

    26 August 2016

    MIGRATION – Application for review of decision of Migration Review Tribunal ( Tribunal) – whether Tribunal incorrectly assumed that the definition of “ competent English” in reg.1.15C of the Migration Regulations 1994 (Cth) ( Regulations) was an exhaustive definition.

    DELEGATED LEGISLATION – Whether instrument made under reg.1.15C of the Regulations nominating a non-existent language test and score rendered invalid the regulation – regulation not invalid.
  • Singh v Minister for Immigration & Anor [2016] FCCA 2131

    26 August 2016

    MIGRATION – Application for review of decision of Migration Review Tribunal ( Tribunal) – whether Tribunal incorrectly assumed that the definition of “ competent English” in reg.1.15C of the Migration Regulations 1994 (Cth) ( Regulations) was an exhaustive definition.

    DELEGATED LEGISLATION – Whether instrument made under reg.1.15C of the Regulations nominating a non-existent language test and score rendered invalid the regulation – regulation not invalid.

  • SZWAZ v Minister for Immigration & Anor (No.2) [2016] FCCA 2214

    26 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether, given certain findings the Tribunal made favourable to the applicant, it was reasonably open to the Tribunal not to be satisfied the applicant did not have a well-founded fear of persecution or that there were substantial grounds for believing that, as a necessary and foreseeable consequence the applicant will suffer significant harm if returned to his country of nationality – no jurisdictional error.
  • SZWAZ v Minister for Immigration & Anor (No.2) [2016] FCCA 2214

    26 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether, given certain findings the Tribunal made favourable to the applicant, it was reasonably open to the Tribunal not to be satisfied the applicant did not have a well-founded fear of persecution or that there were substantial grounds for believing that, as a necessary and foreseeable consequence the applicant will suffer significant harm if returned to his country of nationality – no jurisdictional error.

  • AEB15 v Minister for Immigration & Anor [2016] FCCA 2166

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in dealing with the claim of extortion – whether the Tribunal erred in holding that it was reasonable for the applicant to relocate to Kathmandu – no jurisdictional error – application dismissed.
  • AEB15 v Minister for Immigration & Anor [2016] FCCA 2166

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in dealing with the claim of extortion – whether the Tribunal erred in holding that it was reasonable for the applicant to relocate to Kathmandu – no jurisdictional error – application dismissed.

  • SZUQB v Minister for Immigration & Anor [2016] FCCA 2180

    25 August 2016

    MIGRATION – Protection (Class XA) visa – Bangladeshi BNP supporter – Tribunal highly critical of applicant’s credibility – Tribunal affirmed decision to refuse visa application.

    REASONS – Adequacy of reasons – sufficiency of phrase “for the reasons above” when used in connection with s.36(2)(a) and also with s.36(2)(aa) of the Migration Act 1958 (Cth) notwithstanding different issues for consideration – no error in using that phrase in both contexts in the facts of this case.

    CLAIMS – Review of authorities.

    LEGAL PRACTITIONERS – Pro bono counsel – finest tradition of the Bar displayed by counsel appearing pro bono in migration cases.
  • SZUQB v Minister for Immigration & Anor [2016] FCCA 2180

    25 August 2016

    MIGRATION – Protection (Class XA) visa – Bangladeshi BNP supporter – Tribunal highly critical of applicant’s credibility – Tribunal affirmed decision to refuse visa application.

    REASONS – Adequacy of reasons – sufficiency of phrase “for the reasons above” when used in connection with s.36(2)(a) and also with s.36(2)(aa) of the Migration Act 1958 (Cth) notwithstanding different issues for consideration – no error in using that phrase in both contexts in the facts of this case.

    CLAIMS – Review of authorities.

    LEGAL PRACTITIONERS – Pro bono counsel – finest tradition of the Bar displayed by counsel appearing pro bono in migration cases.

  • SZVYB v Minister for Immigration & Anor [2016] FCCA 2179

    25 August 2016

    MIGRATION – Protection (Class XA) visa – allegations of desecration to a Christian cross in Lebanon – assertions that the applicant would be killed if he remained in Lebanon – credibility issues – Tribunal did not believe applicant’s version of events – applicant an unreliable witness.

    SHOW CAUSE PROCEDURE – Power not to be exercised lightly – AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 applied – proceeding summarily dismissed.
  • SZVYB v Minister for Immigration & Anor [2016] FCCA 2179

    25 August 2016

    MIGRATION – Protection (Class XA) visa – allegations of desecration to a Christian cross in Lebanon – assertions that the applicant would be killed if he remained in Lebanon – credibility issues – Tribunal did not believe applicant’s version of events – applicant an unreliable witness.

    SHOW CAUSE PROCEDURE – Power not to be exercised lightly – AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 applied – proceeding summarily dismissed.

  • Dyankov & Ors v Minister for Immigration & Anor [2016] FCCA 2167

    24 August 2016

    MIGRATION – Judicial Review of a decision of the Migration Review Tribunal – application for a Business Entry (Class UC) visa – Migration Review Tribunal held no jurisdiction to review decision – application dismissed.
  • Dyankov & Ors v Minister for Immigration & Anor [2016] FCCA 2167

    24 August 2016

    MIGRATION – Judicial Review of a decision of the Migration Review Tribunal – application for a Business Entry (Class UC) visa – Migration Review Tribunal held no jurisdiction to review decision – application dismissed.

  • Joshi v Minister for Immigration & Anor [2016] FCCA 2168

    24 August 2016

    MIGRATION – Application for extension of time for review of former Migration Review Tribunal decision – whether application to the Court is competent under s.486D – whether application to the Court is an abuse of process where applicant previously discontinued judicial review proceedings regarding the same Tribunal decision – application to extend time refused.
  • Joshi v Minister for Immigration & Anor [2016] FCCA 2168

    24 August 2016

    MIGRATION – Application for extension of time for review of former Migration Review Tribunal decision – whether application to the Court is competent under s.486D – whether application to the Court is an abuse of process where applicant previously discontinued judicial review proceedings regarding the same Tribunal decision – application to extend time refused.

  • Ballantyne v Hartnett Legal Services Pty Ltd & Anor [2016] FCCA 2165

    23 August 2016

    PRACTICE AND PROCEDURE – Application to abridge time for service of subpoenas.
  • Ballantyne v Hartnett Legal Services Pty Ltd & Anor [2016] FCCA 2165

    23 August 2016

    PRACTICE AND PROCEDURE – Application to abridge time for service of subpoenas.

  • AEN16 v Minister for Immigration & Anor [2016] FCCA 2039

    23 August 2016

    MIGRATION – Protection visa – “Information” for the purpose of ss.424AA and 424A of the Migration Act 1958 (Cth) – whether information put on social media can constitute “information” – breach of s.424A because no particulars given – invalidity of Tribunal decision.
  • AEN16 v Minister for Immigration & Anor [2016] FCCA 2039

    23 August 2016

    MIGRATION – Protection visa – “Information” for the purpose of ss.424AA and 424A of the Migration Act 1958 (Cth) – whether information put on social media can constitute “information” – breach of s.424A because no particulars given – invalidity of Tribunal decision.

  • AAW16 v Minister for Immigration & Anor [2016] FCCA 1643

    23 August 2016

    MIGRATION – Protection visa – fear of harm if returned to Egypt because known there as a homosexual – finality of litigation – applicant’s intention to run a different factual case before Tribunal – no jurisdictional error – application for judicial review dismissed.
  • AAW16 v Minister for Immigration & Anor [2016] FCCA 1643

    23 August 2016

    MIGRATION – Protection visa – fear of harm if returned to Egypt because known there as a homosexual – finality of litigation – applicant’s intention to run a different factual case before Tribunal – no jurisdictional error – application for judicial review dismissed.

  • TM 25 Holding BV & Ors v Ghamloush [2016] FCCA 2106

    23 August 2016

  • TM 25 Holding BV & Ors v Ghamloush [2016] FCCA 2106

    23 August 2016

  • Wang & Ors v Minister for Immigration & Anor [2016] FCCA 2149

    23 August 2016

    MIGRATION – Business skills visa – direct and continuous involvement in the management of a business – allegation of bias of Tribunal – Wednesbury unreasonableness – no procedural unfairness or jurisdictional error – application for review dismissed.
  • Wang & Ors v Minister for Immigration & Anor [2016] FCCA 2149

    23 August 2016

    MIGRATION – Business skills visa – direct and continuous involvement in the management of a business – allegation of bias of Tribunal – Wednesbury unreasonableness – no procedural unfairness or jurisdictional error – application for review dismissed.

  • SZVAD v Minister for Immigration & Anor [2016] FCCA 2094

    23 August 2016

    MIGRATION – Protection visa application – adverse credibility findings by Tribunal – no jurisdictional error – application for judicial review dismissed.
  • SZVAD v Minister for Immigration & Anor [2016] FCCA 2094

    23 August 2016

    MIGRATION – Protection visa application – adverse credibility findings by Tribunal – no jurisdictional error – application for judicial review dismissed.

  • SZVZB v Minister for Immigration & Anor [2016] FCCA 1525

    23 August 2016

    MIGRATION – Review of former Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution as a teacher at a girls’ school in Pakistan – applicant believed in part by the delegate but disbelieved by the Tribunal – Tribunal breached s.425 of the Migration Act 1958 (Cth) by failing to explain to the applicant that his claim to have been a teacher at a girls’ school in Pakistan, which had been accepted by the delegate, would be an issue in the review.
  • SZVZB v Minister for Immigration & Anor [2016] FCCA 1525

    23 August 2016

    MIGRATION – Review of former Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution as a teacher at a girls’ school in Pakistan – applicant believed in part by the delegate but disbelieved by the Tribunal – Tribunal breached s.425 of the Migration Act 1958 (Cth) by failing to explain to the applicant that his claim to have been a teacher at a girls’ school in Pakistan, which had been accepted by the delegate, would be an issue in the review.

  • AIZ15 & Anor v Minister for Immigration & Anor [2016] FCCA 2122

    19 August 2016

    MIGRATION – Application for a protection (Class XA) visa – review of decision of Refugee Review Tribunal – whether the Tribunal complied with s.424A – whether the Tribunal erred by failing to have documents translated into English – whether the Tribunal constructively failed to exercise its jurisdiction –no jurisdictional error – application dismissed.

    PRACTICE & PROCEDURE – New ground raised in submissions without leave after hearing
  • AIZ15 & Anor v Minister for Immigration & Anor [2016] FCCA 2122

    19 August 2016

    MIGRATION – Application for a protection (Class XA) visa – review of decision of Refugee Review Tribunal – whether the Tribunal complied with s.424A – whether the Tribunal erred by failing to have documents translated into English – whether the Tribunal constructively failed to exercise its jurisdiction –no jurisdictional error – application dismissed.

    PRACTICE & PROCEDURE – New ground raised in submissions without leave after hearing

  • Fair Work Ombudsman v Mamak Pty Ltd & Ors [2016] FCCA 2104

    19 August 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Restaurant Industry Award 2010 relating to remuneration – failure to comply with record keeping obligations under the Fair Work Act 2009 (Cth) – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.
  • Fair Work Ombudsman v Mamak Pty Ltd & Ors [2016] FCCA 2104

    19 August 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Restaurant Industry Award 2010 relating to remuneration – failure to comply with record keeping obligations under the Fair Work Act 2009 (Cth) – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.

  • Oz v Minister for Immigration & Anor [2016] FCCA 1810

    19 August 2016

    MIGRATION – Application for Other Family (Residence) (Class BU) visa – review of decision of Migration Review Tribunal – whether the Tribunal failed to properly consider evidence before it – whether the Tribunal failed to apply the law.
  • Oz v Minister for Immigration & Anor [2016] FCCA 1810

    19 August 2016

    MIGRATION – Application for Other Family (Residence) (Class BU) visa – review of decision of Migration Review Tribunal – whether the Tribunal failed to properly consider evidence before it – whether the Tribunal failed to apply the law.

  • BDI15 v Minister for Immigration & Anor [2016] FCCA 2116

    19 August 2016

    MIGRATION – Application for protection visa – review of decision of Administrative Appeals Tribunal – whether the Tribunal failed to consider the consequence of the applicant’s inter-caste marriage within the meaning of s.91R(1)(b) of the Migration Act 1958 (Cth) – whether the Tribunal ought to have considered the time period in which the applicant had resided outside of Nepal gave rise to the risk of serious harm within s.91R(1)(b) – no jurisdictional error – application dismissed.
  • BDI15 v Minister for Immigration & Anor [2016] FCCA 2116

    19 August 2016

    MIGRATION – Application for protection visa – review of decision of Administrative Appeals Tribunal – whether the Tribunal failed to consider the consequence of the applicant’s inter-caste marriage within the meaning of s.91R(1)(b) of the Migration Act 1958 (Cth) – whether the Tribunal ought to have considered the time period in which the applicant had resided outside of Nepal gave rise to the risk of serious harm within s.91R(1)(b) – no jurisdictional error – application dismissed.

  • SZVFW & Anor v Minister for Immigration & Anor [2016] FCCA 2083

    19 August 2016

    MIGRATION – Application to review the decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal’s exercise of its power to make a decision on the review in circumstances where Applicants did not attend the Tribunal hearing was legally unreasonable.
  • SZVFW & Anor v Minister for Immigration & Anor [2016] FCCA 2083

    19 August 2016

    MIGRATION – Application to review the decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal’s exercise of its power to make a decision on the review in circumstances where Applicants did not attend the Tribunal hearing was legally unreasonable.

  • Phornpisutikul v Minister for Immigration & Anor [2016] FCCA 1934

    19 August 2016

    MIGRATION – Application for Temporary Business Entry (Class UC) visa – review of decision of Migration Review Tribunal – whether the Tribunal denied the applicant procedural fairness by failing to review the delegate’s decision because it was not an MRT-reviewable decision – no jurisdictional error – application dismissed.
  • Phornpisutikul v Minister for Immigration & Anor [2016] FCCA 1934

    19 August 2016

    MIGRATION – Application for Temporary Business Entry (Class UC) visa – review of decision of Migration Review Tribunal – whether the Tribunal denied the applicant procedural fairness by failing to review the delegate’s decision because it was not an MRT-reviewable decision – no jurisdictional error – application dismissed.

  • SZTTO v Minister for Immigration & Anor [2016] FCCA 2128

    19 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal – standard of interpretation at Tribunal hearing – whether non-compliance with s.425 of the Migration Act 1958 (Cth).
  • SZTTO v Minister for Immigration & Anor [2016] FCCA 2128

    19 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal – standard of interpretation at Tribunal hearing – whether non-compliance with s.425 of the Migration Act 1958 (Cth).

  • AOI16 v Minister for Immigration & Anor [2016] FCCA 2012

    19 August 2016

    MIGRATION – Review of decision of Administrative Appeals Tribunal –application for protection visa – grounds of apostasy and political opinion – whether Tribunal failed to consider the previous findings and/or recommendations of the Independent Protection Assessor – whether the Tribunal’s adverse credibility findings were open to it – whether the Tribunal’s findings were unreasonable or irrational – apprehended bias – no jurisdictional error – application dismissed.
  • AOI16 v Minister for Immigration & Anor [2016] FCCA 2012

    19 August 2016

    MIGRATION – Review of decision of Administrative Appeals Tribunal –application for protection visa – grounds of apostasy and political opinion – whether Tribunal failed to consider the previous findings and/or recommendations of the Independent Protection Assessor – whether the Tribunal’s adverse credibility findings were open to it – whether the Tribunal’s findings were unreasonable or irrational – apprehended bias – no jurisdictional error – application dismissed.

  • SZTIM v Minister for Immigration & Anor [2016] FCCA 2124

    19 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether it was relevant to the review for the Tribunal to ask the applicant questions of the applicant’s knowledge of the grounds on which another person claimed protection – whether the Tribunal asked such questions for the purpose of considering such other person’s application for review – whether the Tribunal acted unreasonably in making an adverse credibility finding partly on the basis of the manner in which the applicant answered questions about the other person’s application for review – whether the Tribunal breached s.429 of the Migration Act 1958 (Cth) by asking questions of the applicant about the grounds on which another person applied for protection – no jurisdictional error.
  • SZTIM v Minister for Immigration & Anor [2016] FCCA 2124

    19 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether it was relevant to the review for the Tribunal to ask the applicant questions of the applicant’s knowledge of the grounds on which another person claimed protection – whether the Tribunal asked such questions for the purpose of considering such other person’s application for review – whether the Tribunal acted unreasonably in making an adverse credibility finding partly on the basis of the manner in which the applicant answered questions about the other person’s application for review – whether the Tribunal breached s.429 of the Migration Act 1958 (Cth) by asking questions of the applicant about the grounds on which another person applied for protection – no jurisdictional error.

  • Eden & Kingston [2016] FCCA 2144

    19 August 2016

    FAMILY LAW – Children – interim parenting – four children – children living with father since 2011 – retention of one of the children by mother in May 2016 – separation of siblings – allegations of family violence – parental conflict – presumption of equal shared parental responsibility rebutted – children to live with father and spend time with the mother.
  • Eden & Kingston [2016] FCCA 2144

    19 August 2016

    FAMILY LAW – Children – interim parenting – four children – children living with father since 2011 – retention of one of the children by mother in May 2016 – separation of siblings – allegations of family violence – parental conflict – presumption of equal shared parental responsibility rebutted – children to live with father and spend time with the mother.

  • Shafaq v Milez Trading Group Pty Limited & Anor [2016] FCCA 2135

    18 August 2016

    INDUSTRIAL LAW – Application in a Case for default judgment – alleged contraventions of Fair Work Act 2009 (Cth) – default judgment made.
  • Shafaq v Milez Trading Group Pty Limited & Anor [2016] FCCA 2135

    18 August 2016

    INDUSTRIAL LAW – Application in a Case for default judgment – alleged contraventions of Fair Work Act 2009 (Cth) – default judgment made.

  • Owen & Owen [2016] FCCA 2130

    18 August 2016

    FAMILY LAW – Property – sham transactions by husband – complex web of private companies and loans to and from those companies – transactions unravelled.
  • Owen & Owen [2016] FCCA 2130

    18 August 2016

    FAMILY LAW – Property – sham transactions by husband – complex web of private companies and loans to and from those companies – transactions unravelled.

  • Mullen & Barley [2016] FCCA 2129

    18 August 2016

    FAMILY LAW – Consent application to discharge child support agreement.
  • Mullen & Barley [2016] FCCA 2129

    18 August 2016

    FAMILY LAW – Consent application to discharge child support agreement.

  • Maffle & Segal [2016] FCCA 2125

    18 August 2016

    FAMILY LAW – Parenting – orders sought by applicant father – orders for sole parental responsibility and no time/communication spent by father with children sought by respondent mother – father has consistently refused to comply with orders of the Court – matter heard on an undefended basis – orders made for mother to have sole parental responsibility– orders made for father to have no time or communication with children – father’s application dismissed.
  • Maffle & Segal [2016] FCCA 2125

    18 August 2016

    FAMILY LAW – Parenting – orders sought by applicant father – orders for sole parental responsibility and no time/communication spent by father with children sought by respondent mother – father has consistently refused to comply with orders of the Court – matter heard on an undefended basis – orders made for mother to have sole parental responsibility– orders made for father to have no time or communication with children – father’s application dismissed.

  • Krysiak v Public Transport Authority of Western Australia [2016] FCCA 2121

    18 August 2016

    HUMAN RIGHTS – Disability discrimination – termination of the number 14 bus route.

    PRACTICE AND PROCEDURE – Interim injunction – whether basis for grant of interim injunction made out.
  • Krysiak v Public Transport Authority of Western Australia [2016] FCCA 2121

    18 August 2016

    HUMAN RIGHTS – Disability discrimination – termination of the number 14 bus route.

    PRACTICE AND PROCEDURE – Interim injunction – whether basis for grant of interim injunction made out.

  • The Owners - Strata Plan No 14120 v McCarthy (No. 2) [2016] FCCA 2007

    18 August 2016

    BANKRUPTCY – Final orders dismissing Creditor’s Petition consequent upon previous answers to two separate questions – s.229 of the Strata Schemes Management Act 1996 (NSW).
  • The Owners - Strata Plan No 14120 v McCarthy (No. 2) [2016] FCCA 2007

    18 August 2016

    BANKRUPTCY – Final orders dismissing Creditor’s Petition consequent upon previous answers to two separate questions – s.229 of the Strata Schemes Management Act 1996 (NSW).

  • WZATV v Minister for Immigration & Anor [2016] FCCA 2019

    18 August 2016

    IGRATION – Judicial review – decision of former Refugee Review Tribunal – Indian citizen – sexual offences in Australia – alleged denial of procedural fairness by alleged failure to consider integer of claim or alleged failure to take into account a relevant consideration by reason of conviction for sexual offences in Australia and psychological harm if returned to India – alleged error in country information – allegation that Refugee Review Tribunal not “foresightful” – alleged error concerning future conduct of authorities in India – whether jurisdictional error concerning finding about placement on sex offenders’ register in India and consequences of involuntary removal from Australia – effect upon applicant’s safety in India of breach of privacy by release of personal data – effect of Indian Government’s position on sex offenders – writs issued.
  • WZATV v Minister for Immigration & Anor [2016] FCCA 2019

    18 August 2016

    IGRATION – Judicial review – decision of former Refugee Review Tribunal – Indian citizen – sexual offences in Australia – alleged denial of procedural fairness by alleged failure to consider integer of claim or alleged failure to take into account a relevant consideration by reason of conviction for sexual offences in Australia and psychological harm if returned to India – alleged error in country information – allegation that Refugee Review Tribunal not “foresightful” – alleged error concerning future conduct of authorities in India – whether jurisdictional error concerning finding about placement on sex offenders’ register in India and consequences of involuntary removal from Australia – effect upon applicant’s safety in India of breach of privacy by release of personal data – effect of Indian Government’s position on sex offenders – writs issued.

  • SZUSW v Minister for Immigration & Anor [2016] FCCA 2100

    18 August 2016

    MIGRATION – Application for review set down for final hearing – Applicant leaves Australia without current visa and not entitled to return – No point or purpose in maintaining the final hearing date – application dismissed.
  • SZUSW v Minister for Immigration & Anor [2016] FCCA 2100

    18 August 2016

    MIGRATION – Application for review set down for final hearing – Applicant leaves Australia without current visa and not entitled to return – No point or purpose in maintaining the final hearing date – application dismissed.

  • Torrobass Pty Ltd v Bramley & Anor [2016] FCCA 2097

    18 August 2016

    BANKRUPTCY – Bankruptcy Act 1966 – trustees consent to act under s.156A one day late – a mere formal defect or irregularity under s.306 – appropriate relief granted regularising appointment of trustees.
  • Torrobass Pty Ltd v Bramley & Anor [2016] FCCA 2097

    18 August 2016

    BANKRUPTCY – Bankruptcy Act 1966 – trustees consent to act under s.156A one day late – a mere formal defect or irregularity under s.306 – appropriate relief granted regularising appointment of trustees.

  • Nawaqaliva v Minister for Immigration & Anor [2016] FCCA 2080

    17 August 2016

    MIGRATION – Judicial review of decision of Migration Review Tribunal ( Tribunal) not to grant applicant Other Family (Residence) (Subclass 836) visa ( Carer visa) – whether Tribunal misconstrued reg.1.15AA(1)(e) of the Migration Regulations 1994 (Cth) as it stood before 9 November 2009 by failing to consider whether sponsor’s Australian relatives were willing to provide assistance to the sponsor – jurisdictional error established.
  • Nawaqaliva v Minister for Immigration & Anor [2016] FCCA 2080

    17 August 2016

    MIGRATION – Judicial review of decision of Migration Review Tribunal ( Tribunal) not to grant applicant Other Family (Residence) (Subclass 836) visa ( Carer visa) – whether Tribunal misconstrued reg.1.15AA(1)(e) of the Migration Regulations 1994 (Cth) as it stood before 9 November 2009 by failing to consider whether sponsor’s Australian relatives were willing to provide assistance to the sponsor – jurisdictional error established.

  • BPF15 v Minister for Immigration & Anor [2016] FCCA 2112

    17 August 2016

    MIGRATION – Judicial review – protection visa – applicant alleges Tribunal breached s425 of the Migration Act.
  • BPF15 v Minister for Immigration & Anor [2016] FCCA 2112

    17 August 2016

    MIGRATION – Judicial review – protection visa – applicant alleges Tribunal breached s425 of the Migration Act.

  • AYL15 v Minister for Immigration & Anor [2016] FCCA 2062

    17 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – Sri Lankan citizen – unparticularised grounds of review – whether bias – whether wrong issue considered – whether failure to consider relevant material – failure of applicant to attend Tribunal hearing – whether Tribunal hearing invitation complied with statutory requirements – whether jurisdictional error.
  • AYL15 v Minister for Immigration & Anor [2016] FCCA 2062

    17 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – Sri Lankan citizen – unparticularised grounds of review – whether bias – whether wrong issue considered – whether failure to consider relevant material – failure of applicant to attend Tribunal hearing – whether Tribunal hearing invitation complied with statutory requirements – whether jurisdictional error.

  • AUR15 v Minister for Immigration & Anor [2016] FCCA 2119

    17 August 2016

    MIGRATION – Judicial review – protection visa – unparticularised grounds for review.
  • AUR15 v Minister for Immigration & Anor [2016] FCCA 2119

    17 August 2016

    MIGRATION – Judicial review – protection visa – unparticularised grounds for review.

  • AML15 v Minister for Immigration & Anor [2016] FCCA 2115

    17 August 2016

    MIGRATION – Judicial review – protection visa.
  • AML15 v Minister for Immigration & Anor [2016] FCCA 2115

    17 August 2016

    MIGRATION – Judicial review – protection visa.

  • AYW15 v Minister for Immigration & Anor [2016] FCCA 2113

    17 August 2016

    MIGRATION – Judicial review – protection visa – Tribunal’s treatment of credibility – breach of s425 – use of untranslated document.
  • AYW15 v Minister for Immigration & Anor [2016] FCCA 2113

    17 August 2016

    MIGRATION – Judicial review – protection visa – Tribunal’s treatment of credibility – breach of s425 – use of untranslated document.

  • WZAUY v Minister for Immigration & Anor [2016] FCCA 2024

    16 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal to refuse Chinese citizen a protection visa – whether applicant denied procedural fairness – whether irrelevant considerations taken into account – whether jurisdictional error.
  • WZAUY v Minister for Immigration & Anor [2016] FCCA 2024

    16 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal to refuse Chinese citizen a protection visa – whether applicant denied procedural fairness – whether irrelevant considerations taken into account – whether jurisdictional error.

  • AFL15 v Minister for Immigration & Anor [2016] FCCA 2086

    15 August 2016

    MIGRATION – Whether the Tribunal failed to consider the Applicant’s evidence and his claims – whether the Tribunal failed to accord the Applicant procedural fairness – application for judicial review dismissed.
  • AFL15 v Minister for Immigration & Anor [2016] FCCA 2086

    15 August 2016

    MIGRATION – Whether the Tribunal failed to consider the Applicant’s evidence and his claims – whether the Tribunal failed to accord the Applicant procedural fairness – application for judicial review dismissed.

  • BNU15 v Minister for Immigration & Anor [2016] FCCA 2085

    15 August 2016

    MIGRATION – application for protection visa – whether Tribunal failed to afford the Applicant procedural fairness – whether Tribunal failed to perform its statutory task – application dismissed.
  • BNU15 v Minister for Immigration & Anor [2016] FCCA 2085

    15 August 2016

    MIGRATION – application for protection visa – whether Tribunal failed to afford the Applicant procedural fairness – whether Tribunal failed to perform its statutory task – application dismissed.

  • AMQ16 v Minister for Immigration & Anor [2016] FCCA 2084

    15 August 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – show cause hearing – real chance test – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal failed to apply the correct test – whether the Tribunal’s decision lacked an evident and intelligible justification – no arguable jurisdictional error identified – application dismissed under r.44.12.
  • AMQ16 v Minister for Immigration & Anor [2016] FCCA 2084

    15 August 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – show cause hearing – real chance test – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal failed to apply the correct test – whether the Tribunal’s decision lacked an evident and intelligible justification – no arguable jurisdictional error identified – application dismissed under r.44.12.

  • Harding & Watson [2016] FCCA 1999

    15 August 2016

    FAMILY LAW – Contravention alleged of parenting orders – contravention Applications dismissed – mother suffers from Bipolar and Delusional Disorder – consent to S.102QB Order – contested parenting issues – mother to have treatment and supervised time with child if treatment successful.
  • Harding & Watson [2016] FCCA 1999

    15 August 2016

    FAMILY LAW – Contravention alleged of parenting orders – contravention Applications dismissed – mother suffers from Bipolar and Delusional Disorder – consent to S.102QB Order – contested parenting issues – mother to have treatment and supervised time with child if treatment successful.

  • O’Connor & Barker [2016] FCCA 2000

    15 August 2016

    FAMILY LAW – Parenting dispute – both parents have mental health problems – both have criminal priors – both previously used illegal drugs – ‘good enough’ parent.
  • O’Connor & Barker [2016] FCCA 2000

    15 August 2016

    FAMILY LAW – Parenting dispute – both parents have mental health problems – both have criminal priors – both previously used illegal drugs – ‘good enough’ parent.

  • Arhbal v Minister for Immigration & Anor [2016] FCCA 1963

    15 August 2016

    MIGRATION – Visa – partner visa – ‘spouse’ – whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered – no error demonstrated.
  • Arhbal v Minister for Immigration & Anor [2016] FCCA 1963

    15 August 2016

    MIGRATION – Visa – partner visa – ‘spouse’ – whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered – no error demonstrated.

  • Casey & Casey [2016] FCCA 1998

    15 August 2016

    FAMILY LAW – Property dispute – around 20 years cohabitation – husband made greater initial contribution – wife has greater needs – wife’s poor health – husband has greater income earning capacity – wife unlikely to earn a significant income, unlike the husband – wife has overwhelming needs.
  • Casey & Casey [2016] FCCA 1998

    15 August 2016

    FAMILY LAW – Property dispute – around 20 years cohabitation – husband made greater initial contribution – wife has greater needs – wife’s poor health – husband has greater income earning capacity – wife unlikely to earn a significant income, unlike the husband – wife has overwhelming needs.