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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.


  • Turley v James Frizelles Automotive Group [2018] FCCA 2989

    Published date: 31 Oct 2018

    INDUSTRIAL LAW – Application pursuant to s.545 of the Fair Work Act 2009 (Cth) – where the applicant alleged the respondent contravened s.340 of the Fair Work Act 2009 (Cth) by taking adverse action against him for exercising or proposing to exercise a workplace right – where the respondent denies such a contravention – where the Court found the respondent did not take adverse action against the applicant for exercising a workplace right – where the applicant alleged the respondent contravened s.352 of the Fair Work Act 2009 (Cth) by dismissing the applicant because he was temporarily absent from work because of illness or injury – where the respondent denies such a contravention – where the Court found the applicant’s claim was not made out – where the applicant claims the respondent failed to pay the applicant “in full” for the purposes of s.323 of the Fair Work Act 2009 (Cth) by wrongly deducting superannuation from commission.

  • Starr v Westpac Banking Corporation [2018] FCCA 3048

    Published date: 31 Oct 2018

    CONSUMER CREDIT – Credit protection – general – operation of credit legislation – jurisdiction.

    HIGH COURT AND FEDERAL COURT – Federal Circuit Court – procedure – ending proceedings early – summary disposal or stay.

    HIGH COURT AND FEDERAL COURT – Federal Circuit Court – procedure – parties.


  • Foster & Anor v Corporate Protection Australia Group Pty Ltd & Ors [2018] FCCA 3070

    Published date: 31 Oct 2018

    HIGH COURT AND FEDERAL COURT – Federal Circuit Court – Procedure – other matters – pleadings – striking out pleadings.

  • BLS17 v Minister for Immigration & Anor [2018] FCCA 3064

    Published date: 31 Oct 2018

    MIGRATION – Immigration Assessment Authority – safe haven enterprise visa (SHEV) (XE-790) – whether the Authority failed to consider a claim – whether the Authority acted unreasonably, illogically or irrationally – whether the Authority denied the applicant procedural fairness – whether the Authority took into account irrelevant material – whether there was a reasonable apprehension that the Authority might not have brought an impartial mind to the matter.

  • BBN16 v Minister for Immigration & Anor [2018] FCCA 3087

    Published date: 31 Oct 2018

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the Tribunal failed to consider a claim – relocation – no jurisdictional error revealed – application dismissed.

  • Turco v Liquor Equity Pty Ltd [2018] FCCA 1520

    Published date: 29 Oct 2018

    BANKRUPTCY – Application to set aside bankruptcy notice – whether counter-claim, set-off or cross-demand available – whether applicant entitled to director’s fees – whether claim for director’s fees statute barred by time limitation – whether abuse of process.

    LIMITATION OF ACTIONS – Whether alleged entitlement to director’s fees statute barred by time limitation.
  • Khaja & Ors v Minister for Immigration & Anor [2018] FCCA 2971

    Published date: 29 Oct 2018

    MIGRATION – Student (temporary) (class TU) visas – requirements of cls 572.232 and 572.224 of the Migration Regulations considered – public interest criterion 4020 considered – bogus documents – false or misleading information – whether compelling and compassionate circumstances existed.

    PRACTICE AND PROCEDURE – Application for reinstatement of proceeding –matters to be considered on the hearing of a reinstatement application – applicants failed to provide a reasonable excuse for absence at hearing – applicants’ prospects of success in substantive proceeding poor – application for reinstatement refused.
  • Katamneni v Minister for Home Affairs & Anor [2018] FCCA 2970

    Published date: 29 Oct 2018

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

  • EDH17 v Minister for Immigration & Anor [2018] FCCA 2965

    Published date: 29 Oct 2018

    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. 

  • DUR16 v Minister for Immigration & Anor [2018] FCCA 3030

    Published date: 29 Oct 2018

    MIGRATION – Review of decision by Immigration Assessment Authority – whether Immigration Assessment Authority’s decision affected by jurisdictional error – whether the Immigration Assessment Authority erred in failing to consider all claims made by the applicant – whether the Immigration Assessment Authority erred in the exercise of the discretion under s.473GB of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed. 

  • CCF17 v Minister for Immigration & Anor [2018] FCCA 2967

    Published date: 29 Oct 2018

    MIGRATION – Protection visa – applicant’s grounds of review unparticularised – consideration of applicant’s claims and country information – applicant’s claims not credible – applicant could relocate within her home country – applicant’s allegation of actual or apprehended bias not made out – application dismissed.

    PRACTICE AND PROCEDURE – Application for reinstatement of proceeding – no reasonable grounds in substantive application – no merit to grant rehearing – application refused.
  • BWU16 v Minister for Immigration & Anor [2018] FCCA 3051

    Published date: 29 Oct 2018

    MIGRATION – Application for a remedy under s.476 of the Migration Act 1958 (Cth) in relation to a decision of the Administrative Appeals Tribunal (Tribunal) affirming decision not to grant protection visa – whether Tribunal made any jurisdictional error by declining offer made in the course of a hearing before it to contact witnesses located in applicant’s country of nationality – whether the reasons the Tribunal gave for declining offer to telephone witnesses inconsistent with Tribunal’s ultimate finding that applicant did not face a real chance of serious harm if returned to his country of nationality – no jurisdictional error.

  • BHP17 v Minister for Immigration & Anor [2018] FCCA 3003

    Published date: 29 Oct 2018

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka for various reasons – applicant disbelieved in part and other fears found not to be well-founded – whether the Authority overlooked relevant material, failed to consider a particular social group claim, breached the rules of procedural fairness or failed to consider an element of the applicant’s claims considered – no jurisdictional error.  

  • BCZ17 v Minister for Immigration & Anor [2018] FCCA 3033

    Published date: 29 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal misapprehended the definition of significant harm.

  • BBE17 v Minister for Immigration & Anor [2018] FCCA 2200

    Published date: 29 Oct 2018

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka – applicant’s claims found not to be well-founded – whether the Authority made an irrational or unreasonable finding considered or whether the Authority erred in considering the receipt of new information considered – no jurisdictional error.

  • AJN15 v Minister for Immigration & Anor [2018] FCCA 2990

    Published date: 29 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of a decision of the Secretary of the Department of Immigration that Australia did not have non-refoulement obligations to him – non-appearance by the applicant at final hearing – application dismissed. 

  • Lamaw Pty Ltd v Tahiri & Anor [2018] FCCA 2955

    Published date: 23 Oct 2018

    BANKRUPTCY – Application for sequestration order – substituted creditor – whether substitution was valid – whether debt due – whether judgment debt necessary for action – circumstances of entering into deed – cross and third party claims – discretion to refuse sequestration order – sequestration order granted. 

  • Karlovasitis v Link Property Services Pty Ltd (No.2) [2018] FCCA 2848

    Published date: 23 Oct 2018

    INDUSTRIAL LAW – Fair work – interpretation of a contract of employment insofar as it relates to commissions for work written before resignation but not paid until afterwards.

  • Fair Work Ombudsman v Hadya Nominees Pty Ltd & Anor [2018] FCCA 2961

    Published date: 23 Oct 2018

    INDUSTRIAL LAW – Declarations as to liability – made on admissions – penalties.

  • Fair Work Ombudsman v Deja Vu Elite Security Pty Ltd & Anor (No.2) [2018] FCCA 2960

    Published date: 23 Oct 2018

    INDUSTRIAL LAW – Penalties – some admitted contraventions and some contraventions found by the court following a liability hearing.

  • EFX17 v Minister for Immigration [2018] FCCA 2957

    Published date: 23 Oct 2018

    MIGRATION – Application for matter to be transferred to Federal Court of Australia pursuant to s 39 of Federal Circuit Court of Australia Act 1999 (Cth) where Federal Circuit Court of Australia was found to have original jurisdiction to review decisions made pursuant to section 501CA of the Migration Act 1958 (Cth) – where it was appropriate for matter to be expeditiously determined in Federal Circuit Court – application for transfer dismissed. 

  • Carpenter & Carpenter [2018] FCCA 2979

    Published date: 23 Oct 2018

    FAMILY LAW – Parenting – the requirement to attend family dispute resolution – where a Registrar has granted an exemption to the requirement of family dispute resolution in circumstances where family dispute resolution was appropriate – consideration of section 60I – issue of costs in circumstances where a party has not sought to avail themselves of appropriate dispute resolution processes.

  • BOX16 v Minister for Immigration & Anor [2018] FCCA 2910

    Published date: 23 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – Protection visa application – claim that the Administrative Appeals Tribunal committed jurisdictional error by a denial of procedural fairness in refusing to telephone witnesses and wait for a certified copy of a letter to be provided by the applicant in breach of ss.424, 424A, 424AA, 425, 426, 427 of the Migration Act 1958 (Cth) – no jurisdictional error established – reasons for refusal of recusal application made at hearing – application for judicial review dismissed.

  • AQO16 v Minister for Immigration & Anor [2018] FCCA 2245

    Published date: 23 Oct 2018

    MIGRATION – Protection visa – application for judicial review of Tribunal decision – whether Tribunal failed to consider a relevant consideration, or an integer of a claim, or a material question of fact – whether Tribunal misunderstood the law or applied the wrong legal test – whether the Tribunal acted unreasonably – Tribunal failed to deal with a claim that had been clearly articulated and accepted by a delegate of the Minister – claim to injury from beatings and interrogation with resultant scarring could easily have been  explored by Tribunal at hearing without any attendant delay or other inquiry – scarring was an important integer in claim – jurisdictional error established – application allowed.

  • AOL16 v Minister for Immigration & Anor [2018] FCCA 2944

    Published date: 23 Oct 2018

    MIGRATION – Protection visa – application for judicial review of Tribunal decision – whether Tribunal considered each integer of the applicant’s claims – whether the Tribunal accorded procedural fairness – whether Tribunal properly considered the alternative criterion for complementary protection – grounds of review not made out – no jurisdictional error discerned – application dismissed.

  • ANN16 v Minister for Immigration & Anor [2018] FCCA 2927

    Published date: 23 Oct 2018

    MIGRATION – Protection visa – application for judicial review of Tribunal decision – whether Tribunal decision affected by jurisdictional error – whether Tribunal considered each integer of applicant’s claims – whether Tribunal made a finding that was illogical or irrational – whether a breach of ss 424A or 424AA occurred – grounds of review not made out – no jurisdictional error discerned – application dismissed.

  • Saeed v Minister for Immigration & Anor [2018] FCCA 2556

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Medical Treatment (Visitor) (Class UB) visa – whether the Tribunal failed to consider the applicant’s claims – whether the Tribunal breached s 359A of the Migration Act Act – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001

  • Robert Balzola & Associates v Hoskin [2018] FCCA 2686

    Published date: 22 Oct 2018

    BANKRUPTCY – Creditor’s petition – application for a sequestration order – Court satisfied on the evidence before the Court that an act of bankruptcy occurred – no substance in the contention that the creditor’s petition was filed before the act of bankruptcy – petitioning creditor established the matters required under s.43 of the Bankruptcy Act – sequestration order made. 

  • Pun & Anor v Minister for Immigration & Anor [2018] FCCA 2932

    Published date: 22 Oct 2018

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of employer nomination visas – English language proficiency – interlocutory dismissal of show cause application – no arguable case of jurisdictional error. 

  • Nawab v Minister for Immigration & Anor [2018] FCCA 2543

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Medical Treatment (Visitor) (Class UB) visa – whether the applicant was able to meaningfully participate in the hearing – the Tribunal identified a logical and rational reason in support of proceeding with the hearing by telephone – no arguable case of jurisdictional error – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001. 

  • Masood v Minister For Home Affairs & Anor [2018] FCCA 1545

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – non-appearance before the Tribunal – whether there was a reasonable exercise of the Tribunal’s power under s 362B(1A)(b) of the Act – adjournment application refused – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001

  • Lababidi v Minister for Immigration & Anor [2018] FCCA 2545

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Medical Treatment (Visitor) (Class UB) visa – no arguable case of jurisdictional error identified – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001

  • Jagpal v Minister for Immigration & Anor [2018] FCCA 2878

    Published date: 22 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – application seeking judicial review of decision of Administrative Appeals Tribunal affirming decision not to grant Student (Class TU) (Subclass 572) visa to the applicant – Administrative Appeals Tribunal was not satisfied that the applicant was a genuine applicant for entry and stay temporarily as a student but rather used the Student visa program as a means of maintaining residence in Australia – no jurisdictional error identified by the applicant – application for judicial review dismissed.

  • DNN18 v Minister For Home Affairs & Anor [2018] FCCA 2926

    Published date: 22 Oct 2018

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – refusal of an extension of time for a show cause application.

  • CUI16 v Minister for Immigration & Anor [2018] FCCA 2338

    Published date: 22 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to consider a relevant issue – whether the Authority took irrelevant considerations into account – whether the Authority’s decision was unreasonable – no jurisdictional error made out – further amended application dismissed. 

  • BYI18 & Ors v Minister For Home Affairs & Anor [2018] FCCA 2222

    Published date: 22 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise visas – whether the Authority adopted an erroneously narrow meaning of exceptional circumstances – whether the Authority incorrectly applied s 473DD of the Act – no jurisdictional error made out – application dismissed.  

  • BTU18 v Minister For Home Affairs & Anor [2018] FCCA 2146

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a protection visa – whether the Tribunal failed to consider the applicant’s claims - whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) – whether the Tribunal failed to afford the applicant procedural fairness – no jurisdictional error identified – application dismissed. 

  • BRJ16 v Minister for Immigration & Anor [2018] FCCA 2929

    Published date: 22 Oct 2018

    MIGRATION – Protection visa – application to extend time. 

  • Baby v Minister for Immigration & Anor [2018] FCCA 2559

    Published date: 22 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Medical Treatment (Visitor) (Class UB) visa – whether the applicant was given an opportunity in accordance with the statutory regime to appear before the Tribunal – no legal unreasonableness in the Tribunal proceeding to determine the matter under s 362B of the Act – no arguable case of jurisdictional error – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001.  

  • ASI17 v Minister for Immigration & Anor [2018] FCCA 2734

    Published date: 22 Oct 2018

    MIGRATION – Protection visa application – review of Administrative Appeals Tribunal decision – whether the Tribunal erred in asking irrelevant questions – apprehension of bias – whether the Tribunal erred in ignoring relevant facts – whether the Tribunal erred in misinterpreting the meaning of “well founded” fear – no jurisdictional error – application dismissed.

  • AOZ16 v Minister for Immigration & Anor [2018] FCCA 2945

    Published date: 22 Oct 2018

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the Tribunal failed to consider an integer of the applicant’s claim – no jurisdictional error – application dismissed.

  • Singh v Minister for Immigration & Anor [2018] FCCA 2937

    Published date: 19 Oct 2018

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

  • Iftikhar v Minister for Immigration & Anor [2018] FCCA 2924

    Published date: 19 Oct 2018

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – student visa – protection claims – findings open to the Tribunal on the evidence before it – no jurisdictional error – application dismissed.

  • FIE17 v Minister for Immigration & Anor [2018] FCCA 2917

    Published date: 19 Oct 2018

    MIGRATION – Review of Administrative Appeals Tribunal decision – confirmation of a dismissal for non-appearance decision – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • FHO17 v Minister for Immigration & Anor [2018] FCCA 2919

    Published date: 19 Oct 2018

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

  • ELS17 & Anor v Minister for Immigration & Anor [2018] FCCA 1674

    Published date: 19 Oct 2018

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

  • EKV17 v Minister for Immigration & Anor [2018] FCCA 1839

    Published date: 19 Oct 2018

    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.

  • DZX17 v Minister for Immigration & Anor [2018] FCCA 1672

    Published date: 19 Oct 2018

    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

  • DYP17 v Minister for Immigration & Anor [2018] FCCA 2829

    Published date: 19 Oct 2018

    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.

  • DVW16 v Minister for Immigration & Anor [2018] FCCA 2830

    Published date: 19 Oct 2018

    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.

  • DIY17 v Minister for Immigration & Anor [2018] FCCA 2826

    Published date: 19 Oct 2018

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

  • CYZ17 v Minister for Immigration & Anor [2018] FCCA 2279

    Published date: 19 Oct 2018

    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.

  • CRC16 v Minister for Immigration & Anor [2018] FCCA 2875

    Published date: 19 Oct 2018

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – whether findings of the Tribunal were legally  unreasonable – whether erroneous findings were used to make adverse credibility finding – no jurisdictional error – application dismissed. 

  • Ayuk v Minister for Immigration & Anor [2018] FCCA 2921

    Published date: 19 Oct 2018

    MIGRATION – Application for judicial review – Partner (Temporary) (Class UK) visa – whether the Tribunal made an error of law – whether the Tribunal failed to afford procedural fairness – whether Tribunal failed to consider evidence – no error by Tribunal– application dismissed.

  • AAS15 v Minister for Immigration & Anor [2018] FCCA 2930

    Published date: 19 Oct 2018

    MIGRATION – Application for judicial review – protection application – whether the Tribunal denied the applicant procedural fairness – application granted.

  • Zaro v Minister for Immigration [2018] FCCA 2913

    Published date: 18 Oct 2018

    MIGRATION – Review of a departmental decision not to waive the no further stay condition on a visa – interlocutory dismissal of show cause application – no   arguable case of jurisdictional error.

  • Lu v Minister for Immigration and Lu v Minister for Immigration [2018] FCCA 2147

    Published date: 18 Oct 2018

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

  • Llanos & Anor v Minister for Immigration & Anor [2018] FCCA 2148

    Published date: 18 Oct 2018

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

  • Kosso v Minister for Immigration & Anor [2018] FCCA 2116

    Published date: 18 Oct 2018

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

  • Kessly v Benjamin & Khoury Pty Ltd [2018] FCCA 2918

    Published date: 18 Oct 2018

    BANKRUPTCY – Application to set aside Bankruptcy Notice – whether the Bankruptcy Notice met the requirements under the Bankruptcy Act 1966 (Cth) – whether judgment entered irregularly on the basis that money payable under certificate issued pursuant to s.379 of the Legal Profession Act 2004 (NSW) not a debt payable to creditor – whether bankruptcy notice is founded on an irregular judgment – whether bankruptcy notice issued electronically attaches judgment – whether Chorley Exception applies. 

  • Hijazi v Minister for Immigration & Anor [2018] FCCA 2925

    Published date: 18 Oct 2018

    MIGRATION – Application for judicial review – Partner (Temporary) (Class UK) Subclass 820 visa – Subclass 801 visa – whether the Tribunal fell into jurisdictional error – whether the Tribunal denied the Applicant procedural fairness – no error apparent – application dismissed.

  • Garg v Minister for Immigration & Anor [2018] FCCA 1838

    Published date: 18 Oct 2018

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

  • ESU17 v Immigration Assessment Authority & Anor [2018] FCCA 2278

    Published date: 18 Oct 2018

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

  • DXA17 v Minister for Immigration & Anor [2018] FCCA 1667

    Published date: 18 Oct 2018

    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.

  • DNZ18 v Minister for Home Affairs & Anor [2018] FCCA 2940

    Published date: 18 Oct 2018

    MIGRATION – Application for judicial review – application for extension of time – consideration of merits – failure to consider data breach – whether failure to consider integer of claim – procedural fairness – application dismissed.

  • CTM16 v Minister for Immigration & Anor [2018] FCCA 2865

    Published date: 18 Oct 2018

    MIGRATION – Protection Visa – decision of Immigration Assessment Authority – Protection Visa denied – whether jurisdictional error – none shown – application for judicial review dismissed.

  • BEQ16 v Minister for Immigration & Anor [2018] FCCA 2852

    Published date: 18 Oct 2018

    MIGRATION – Application for judicial review – Protection (Class XA) visa – whether the Tribunal failed to consider evidence – whether the Tribunal failed to consider claim – no error by the Tribunal – application dismissed. 

  • Arora v Minister for Immigration & Anor [2018] FCCA 2882

    Published date: 18 Oct 2018

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – application for adjournment – adjournment refused – application dismissed for non-appearance.

  • ALJ17 v Minister for Immigration & Anor [2018] FCCA 2411

    Published date: 18 Oct 2018

    MIGRATION – Review of decision by Immigration Assessment Authority – whether Immigration Assessment Authority’s decision affected by jurisdictional error – whether Immigration Assessment Authority failed to consider new information – whether Immigration Assessment Authority erred in its identification and assessment of new information – whether Immigration Assessment Authority erred in its application of s.473DC – whether Immigration Assessment Authority erred in its application of s.473DD – no jurisdictional error – application dismissed.

  • BXY15 v Minister for Immigration & Anor [2018] FCCA 2896

    Published date: 17 Oct 2018

    MIGRATION – Application to review decision of Administrative Appeals Tribunal – whether the Tribunal misconstrued or misapplied s.36(2)(aa) or s.36(2B)(c) of the Migration Act 1958 (Cth).

  • AWG18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 2150

    Published date: 17 Oct 2018

    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.

  • ARW18 v Minister for Home Affairs & Anor [2018] FCCA 2117

    Published date: 17 Oct 2018

    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.

  • ALQ17 v Minister for Immigration & Anor [2018] FCCA 2922

    Published date: 17 Oct 2018

    MIGRATION – Visa – protection visa – non-attendance by applicant – email request for adjournment – medical certificate – inadequacy of medical certificate – adjournment refused – application dismissed.

  • AJW18 v Minster for Home Affairs & Anor (No.2) [2018] FCCA 2868

    Published date: 17 Oct 2018

    MIGRATION – Application seeking declaratory relief in respect of ITOA assessment and injunction restraining Minister for relying on it – whether Assessor denied applicant procedural fairness and/or assessment affected by legal error – applicant absconding from community detention and thus not attending assessment – no denial of natural justice – no errors in assessor’s approach – grounds of application not made out – application dismissed.

  • Xu & Ors v Minister for Immigration & Anor [2018] FCCA 2891

    Published date: 15 Oct 2018

    MIGRATION – Application to review decision of former Migration Review Tribunal affirming a decision not to grant Employer Nomination (Residence) visas – where no approval of nominated position – application dismissed.

  • SZKDL v Minister for Immigration & Anor [2018] FCCA 2729

    Published date: 15 Oct 2018

    MIGRATION – Protection visa application – review of decision of Administrative Appeals Tribunal – whether the Tribunal erred by misconstruing the meaning of significant harm – whether the Tribunal’s decision was arrived at with “reasonable satisfaction” – whether the Tribunal erred by failing to investigate the claim of persecution – no jurisdictional error – application dismissed.

  • Moranok v Minister for Immigration & Anor [2018] FCCA 2776

    Published date: 15 Oct 2018

    MIGRATION – Student (Temporary) (Class TU) visa – review of decision of Administrative Appeals Tribunal – whether the Tribunal erred in affirming decision of the delegate – whether the Tribunal erred by not recognising cl.572.223 of the Migration Regulations 1994 (Cth) had been met – whether the Tribunal erred by not accepting applicant’s claims – no jurisdictional error – application dismissed.

  • Mohammed v Minister for Immigration & Anor [2018] FCCA 2893

    Published date: 15 Oct 2018

    MIGRATION – Migration Review Tribunal – Administrative Appeals Tribunal – partner (temporary) (class UK) (subclass 820) visa – partner (residence) (class BS) (subclass 801) visa – the Minister conceded that the Tribunal made a jurisdictional error in relation to the applicant’s subclass 820 temporary partner visa application – the Minister conceded that the Tribunal’s decision in relation to the subclass 820 temporary partner visa should be set aside and the matter remitted to the Tribunal for further consideration – in the meantime, the Tribunal affirmed the delegate’s decision refusing the subclass 801 permanent partner visa on the basis that the applicant did not hold a subclass 820 temporary partner visa – whether it was legally unreasonable for the Tribunal to determine the application in relation to the subclass 801 permanent partner visa when the review of the decision relating to the subclass 820 temporary partner visa had not been validly determined.

  • EFA17 & Ors v Minister for Immigration & Anor [2018] FCCA 1168

    Published date: 15 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for Temporary Protection visas – whether the Authority was required to exercise its powers under s 473CB of the Act – amended application allowed.

  • Coote v Mainline Access Pty Ltd & Anor (No.2) [2018] FCCA 2892

    Published date: 15 Oct 2018

    INDUSTRIAL LAW – Application for the recovery of wages and other entitlements based on contravention of award and therefore s.45 of the Fair Work Act 2009 (Cth) (FW Act) – whether amounts payable under award are to be calculated by reference to rate agreed between the employer and employee that is higher than the rates provided for under award – whether because the employer and employee mistakenly intended that the employee would be engaged as a contractor but instead created or maintained an employer/employee relationship the agreed rate is not recoverable - whether if amounts payable under the award are not to be calculated by reference to the higher agreed rates whether employee can concurrently maintain an action in contract to recover amounts calculated by reference to the agreed rate – appropriation of payments to entitlements under awards discussed – if after appropriation of payments there remain amounts payable under the award and the employer, therefore, contravened the award and, therefore, s.45 of the FW Act, whether the sole director and shareholder was involved in those contraventions.

    INDUSTRIAL LAW – Claims for contraventions of various other provisions of the Work Act 2009 (Cth) – whether employer contravened provisions – whether sole director and shareholder of employer was involved in contraventions.

  • CKX16 v Minister for Immigration & Anor (No.2) [2018] FCCA 2894

    Published date: 15 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – protection (class XA) visa – whether the applicant made a claim that he would suffer significant harm in the form of mental suffering if he returned to his country of origin – whether that claim arose on the materials before the Tribunal – whether the Tribunal was obliged to consider significant harm that might occur in the future where the act causing it had occurred in the past – whether the Tribunal considered the claim in making findings of greater generality – whether the applicant made a claim to the Tribunal that a person who the applicant witnessed commit a murder was a military or army man – whether that claim went no further than the fact accepted by the Tribunal that the murderer was a powerful or important person – whether the Tribunal failed to perform its statutory task in taking into account the murderer’s failure to make enquiries about the applicant’s whereabouts when such enquiries were said to have been irrational on the murderer’s part.

  • Body Corp for Q1 v Bernal [2018] FCCA 2897

    Published date: 15 Oct 2018

    BANKRUPTCY – Creditor’s Petition – costs.

    HOME AND COMMERCIAL UNITS – Body Corporate Fees – proceedings to recover unpaid contributions – recovery costs – test for assessment of.

    COSTS – Assessment – recovery for costs in respect of proceedings to recover unpaid body corporate contributions – test on assessment.

  • AZI17 v Minister for Immigration & Anor [2018] FCCA 2845

    Published date: 15 Oct 2018

    MIGRATION – Protection visa application – decision of Immigration Assessment Authority – whether the Authority erred by failing to consider claims – whether the Authority erred in its consideration of “intention”– no jurisdictional error – application dismissed.

  • AYU16 v Minister for Immigration & Anor [2018] FCCA 2890

    Published date: 15 Oct 2018

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the Tribunal failed to assess an integer of the applicant’s claim – procedural fairness – whether the Tribunal failed to consider the risk of harm to the applicant for the expression of his political opinion – whether the Tribunal failed to consider that the applicant may fall under the category of vulnerable persons – no jurisdictional error revealed – application dismissed.

  • Quek v Pro Trader Pty Ltd [2018] FCCA 1521

    Published date: 12 Oct 2018

    BANKRUPTCY – Application to set aside bankruptcy notice – whether counter-claim, set-off or cross demand available – whether amount of counter-claim, set-off or cross demand equals or exceeds the sum of the judgment debt – whether counter-claim, set-off or cross demand which could have been set up in earlier proceedings – whether claims made in creditors statutory demand were set up in earlier proceedings.

    PRACTICE AND PROCEDURE – Requirement for affidavit setting out full details of counter-claim, set-off or cross demand and amount by which the counter-claim, set-off or cross demand exceeds the judgment debt – whether failure to set out details a formal defect or irregularity which might be excused.

    WORDS AND PHRASES – “counter-claim, set-off or cross demand”.


  • Syed v Minister for Immigration & Anor [2018] FCCA 2850

    Published date: 11 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – application seeking judicial review of decision of Administrative Appeals Tribunal affirming decision not to grant Student (Class TU) (Subclass 572) visa to the applicant – Administrative Appeals Tribunal was not satisfied that the applicant was a genuine applicant for entry and stay temporarily as a student but rather used the Student visa program as a means of maintaining residence in Australia – Tribunal did not adopt a wrong test or construction of cl.572.223(1)(a) in coming to its findings – no jurisdictional error established – application for judicial review dismissed.

  • Kim v Hasegawa & Ye International Pty Ltd [2018] FCCA 2881

    Published date: 11 Oct 2018

    INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – application for remuneration for unpaid wages and superannuation – settlement agreement entered into by the parties at mediation – merger of applicant’s earlier rights and claims in settlement agreement – disagreement as to amount of tax to be deducted and remitted to the Australian Taxation Office from amount payable by the respondent to the applicant under the settlement agreement – tax return of applicant required to establish true position as to remaining obligations, if any, under the settlement agreement.

  • EKU17 v Minister for Immigration & Anor [2018] FCCA 2846

    Published date: 11 Oct 2018

    MIGRATION – Protection visa application – application for extension of time – application for adjournment – application for judicial review made over two years outside of time – whether extension should be allowed in the interests of the administration of justice – whether grounds of application contain merit – application for extension of time refused – application otherwise dismissed.

  • BLO16 v Minister for Immigration & Anor [2018] FCCA 2871

    Published date: 11 Oct 2018

    MIGRATION – Application for remedy under s.476 of the Migration Act 1958 (Cth) in relation to decision made by the Administrative Appeals Tribunal (Tribunal) affirming delegate’s decision not to grant applicant protection visa – whether Tribunal misunderstood claim applicant had made and made adverse credibility finding on the basis of such misunderstood claim – whether the Tribunal was bound to put to the applicant certain findings it proposed to make for the applicant’s consideration before the Tribunal made those findings – whether it was reasonably open to the Tribunal to consider country information to the effect that fraudulent documents can be obtained in the applicant’s country – whether it was reasonably open to the Tribunal not to be satisfied that a document on which the applicant relied was genuine – whether the Tribunal conducted itself in such a way as to give rise to a reasonable apprehension of bias – no jurisdictional error.

  • Benge & Ors v Bluescope Steel (AIS) Pty Ltd [2018] FCCA 2831

    Published date: 11 Oct 2018

    INDUSTRIAL LAW – FAIR WORK – Fair Work Act 2009 (Cth) – interlocutory application by respondent to join the Australian Workers’ Union as a cross–respondent and to file a cross–claim and statement of cross–claim on the basis that the Australian Workers’ Union with respect to the employment contracts between the applicants and the respondent had induced a breach of those contracts and was accessorily liable under s.550 of the Fair Work Act 2009 (Cth) for breaches of those contracts and consequent contraventions by the respondent under s.323 of the Fair Work Act 2009 (Cth) and for equitable contribution – purpose of pleadings – proposed statement of cross–claim failed to plead material facts and was embarrassing in the technical sense – interlocutory application dismissed – leave to file draft cross–claim and proposed statement of cross–claim refused – no leave to replead.

  • CRQ16 & Ors v Minister for Immigration & Anor [2018] FCCA 2876

    Published date: 10 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of a Delegate of the Minister for Immigration not to grant them Protection visas – applicants need a 22 month extension of time under s.477(2) of the Migration Act 1958 (Cth) to make their application to this Court – no reasonable or adequate explanation for delay and no reasonable prospects of success for any proposed substantive ground – application for extension refused and application dismissed.

  • BGL16 v Minister for Immigration & Anor [2018] FCCA 2853

    Published date: 10 Oct 2018

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the Tribunal’s decision was unreasonable or illogical – whether the Tribunal failed to consider the UNHCR Guidelines – no jurisdictional error – application dismissed.

  • Fitzgerald & Anor v Burnett [2018] FCCA 2866

    Published date: 09 Oct 2018

    BANKRUPTCY – Application for review of sequestration order made by a Registrar – no matters of principle – application for review dismissed.

  • FHB17 v Minister for Immigration & Anor [2018] FCCA 1223

    Published date: 09 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority applied an unduly narrow interpretation of “exceptional circumstances” – whether the Authority failed to consider whether there were exceptional circumstances for considering the new information – whether the Authority was bias – no jurisdictional error made out – application dismissed.

  • BXZ16 v Minister for Immigration & Anor [2018] FCCA 2833

    Published date: 09 Oct 2018

    MIGRATION – Application for judicial review of decision of Independent Assessment Authority (IAA) affirming decision not to grant a Safe Haven Enterprise visa – whether IAA was required to give particulars of information to the applicant – whether IAA ought to have construed Part 7AA of the Migration Act 1958 (Cth) having regard to Art.12(2) of the Convention on the Rights of the Child – whether IAA acted irrationally or unreasonably in not accepting that a parent would send a child away from home without the parent giving any reason to the child – whether IAA considered claim based on data breach – whether IAA conducted a qualitative assessment of whether the applicant’s imprisonment on his return to his country of nationality would constitute serious harm – application dismissed.

  • Singh v Minister for Immigration & Anor [2018] FCCA 1133

    Published date: 08 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Medical Treatment (Visitor) (Class UB) (Subclass 602) visa – whether the Tribunal failed to consider the compelling reasons advanced by the applicant – no jurisdictional error made out – application dismissed.

  • Naveed v Minister for Immigration & Anor [2018] FCCA 2811

    Published date: 08 Oct 2018

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

  • Miao v Michell [2018] FCCA 2859

    Published date: 08 Oct 2018

    BANKRUPTCY – Injunction to restrain settlement of sale of a property – no serious issue to be tried – balance of convenience did not favour applicant – applicant as an undischarged bankrupt unable to proffer a meaningful undertaking as to damages – no evidence that applicant had suffered losses that cannot be compensated. 

  • Lion Finance Pty Ltd v Belinda Johnston [2018] FCCA 2745

    Published date: 08 Oct 2018

    BANKRUPTCY – Application for review made out of time – Application for review found to be entirely without merit – Application for review dismissed and costs ordered.

  • FBW17 v Minister for Immigration & Anor [2018] FCCA 2790

    Published date: 08 Oct 2018

    MIGRATION – Immigration Assessment Authority – whether the Authority failed to consider an integer of the applicant’s claims – jurisdictional error made out – amended application allowed.

  • Fair Work Ombudsman v Poisson Pty Ltd & Anor [2018] FCCA 2766

    Published date: 08 Oct 2018

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – contravention of Fair Work Act – contravention of Award entitlements to basic rate of pay, penalty rates and loadings – failing to keep records – penalties imposed.

  • ERO17 v Minister for Immigration & Anor [2018] FCCA 2181

    Published date: 08 Oct 2018

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Iraq – critical aspects of the applicant’s claims rejected – Authority relying in part on the failure of the applicant to mention certain claims at his initial entry interview – no jurisdictional error. 

  • EAD17 v Minister for Immigration & Anor [2018] FCCA 849

    Published date: 08 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Temporary Protection visa – whether the Authority failed to consider integers of the applicant’s claims – whether the Authority failed to consider the material provided by the applicant – whether the Authority’s reasons were illogical or irrational – no jurisdictional error made out – application for an extension of time dismissed.

  • DGC18 v Minister For Home Affairs [2018] FCCA 2821

    Published date: 08 Oct 2018

    MIGRATION – Whether the protection visa application is invalid under Form 866 of the Regulations – whether the Act prevents a further protection visa application being made – Court bound by the decision of the Federal Court – no jurisdictional error made out – application dismissed under r 44.12 of the Rules. 

  • CRG16 v Minister for Immigration & Anor [2018] FCCA 2842

    Published date: 08 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to have a real and genuine engagement with the applicant’s submissions – whether the Authority’s findings where procedurally unfair – whether the Authority failed to exercise its power under s.473DC of the Act – whether the Authority misapplied the test for complementary protection – whether the Authority failed to give proper consideration to the applicant’s circumstances – no jurisdictional error made out – further amended application dismissed.

  • CGX16 v Minister for Immigration & Anor [2018] FCCA 2819

    Published date: 08 Oct 2018

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – Protection (Class XA) visa – citizen of Pakistan – alleged threats by Muslim extremists – whether grounds seek merits review – whether relocation in issue – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Application made orally for adjournment on day of hearing – principles in relation to consideration of adjournment applications – availability of legal representation – whether merit in substantive judicial review application.

  • BRJ18 v Minister for Home Affairs [2018] FCCA 2858

    Published date: 08 Oct 2018

    MIGRATION – PRACTICE & PPROCEDURE – Application to dismiss application for judicial review of decision not to accept lodgement of application for protection visa on the ground that the applicant has no reasonable prospect of successfully prosecuting the proceeding commenced by the application – application for judicial review dismissed.

  • BNE18 & Anor v Minister for Immigration [2018] FCCA 2857

    Published date: 08 Oct 2018

    PRACTICE & PPROCEDURE – Application to dismiss application for judicial review of decision not to accept lodgement of application for protection visa on the ground that the applicant has no reasonable prospect of successfully prosecuting the proceeding commenced by the application – application for judicial review dismissed.

  • BDR18 v Minister For Home Affairs & Anor [2018] FCCA 2737

    Published date: 08 Oct 2018

    MIGRATION – Immigration Assessment Authority – whether the Authority failed to consider all of the applicant’s claims – whether the Authority failed to consider an articulated claim – whether the Authority failed to exercise its power under s 473DC of the Act – no jurisdictional error made out – amended application dismissed.

  • Khan v Minister for Immigration & Anor [2018] FCCA 2854

    Published date: 05 Oct 2018

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

  • CVT16 v Minister for Immigration & Anor [2018] FCCA 2856

    Published date: 05 Oct 2018

    MIGRATION – Application to review decision of Administrative Appeals Tribunal – no appearance by Applicant.

  • SZSSZ & Anor v Minister for Immigration (No.2) [2018] FCCA 2803

    Published date: 04 Oct 2018

    MIGRATION – Review of departmental decision rejecting a protection visa application as invalid because of repeated visa applications – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Phonographic Performance Company of Australia Pty Ltd & Ors v Hairy Little Sista Pty Ltd & Anor [2018] FCCA 2794

    Published date: 04 Oct 2018

    COPYRIGHT – Infringement of copyright in protected sound recordings – where sound recordings played in restaurant/bar operated by the respondents without licence – proceedings brought by collection society after numerous attempts made to negotiate compliance – damages claimed for loss of licence fees – no appearance by the respondents – application in a case filed by applicant for summary or default judgment – assessment of damages under s.115(2) Copyright Act 1968 (Cth) – additional damages awarded.

  • EYH17 v Minister for Immigration & Anor [2018] FCCA 2798

    Published date: 04 Oct 2018

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

  • BAY16 v Minister for Immigration & Anor [2018] FCCA 2662

    Published date: 04 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for adjournment of proceedings pending outcome of appeals in CQZ15 v Minister for Immigration and Border Protection and BEG15 v Minister for Immigration and Border Protection in the High Court of Australia – application granted.

  • CKN17 v Minister for Immigration & Anor [2018] FCCA 2822

    Published date: 03 Oct 2018

    MIGRATION – Protection visa – allegedly defective interpreting in tribunal – no evidence in this court of any such deficiency.

  • BLA16 v Minister for Immigration & Anor [2018] FCCA 2808

    Published date: 03 Oct 2018

    MIGRATION – Application for judicial review of decision of Independent Assessment Authority (IAA) affirming decision of delegate not to grant Safe Haven Enterprise (subclass 790) visa – whether Secretary of the Department (Secretary) gave to the IAA statutory declaration made by the applicant that formed part of a previous but invalid application for a visa – whether Secretary considered whether statutory declaration was relevant to the IAA’s review of the delegate’s decision – whether by not considering the relevance of the statutory declaration the Secretary failed to comply with s.473CB(1)(c) of the Migration Act 1958 (Cth) – whether exercise of IAA’s jurisdiction to review delegate’s decision was conditioned by the Secretary’s strict compliance with s.473CB(1)(c) – whether the Secretary’s giving the statutory declaration to the IAA could have made any difference to the outcome of the IAA’s review – whether assuming the Secretary did consider whether the statutory declaration was relevant to the IAA’s review it was reasonably open to the Secretary to consider the statutory declaration was not relevant to the review – application dismissed.

  • Sharma v Minister for Immigration & Anor [2018] FCCA 2152

    Published date: 02 Oct 2018

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a student visa – whether the Tribunal erred by assessing the visa application as a vocational education application and whether the Tribunal applied the wrong visa criteria considered – no jurisdictional error. 

  • Paramba v Minister for Immigration & Anor [2018] FCCA 2161

    Published date: 02 Oct 2018

    MIGRATION – Application for judicial review – Temporary Business Entry (Subclass 457) visa – whether Tribunal made error – nomination of sponsor – standing to apply for review – no error by the Tribunal – application dismissed.

  • FNZ17 v Minister for Immigration & Anor [2018] FCCA 2727

    Published date: 02 Oct 2018

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of a Delegate of the Minister for Immigration not to grant to him a protection visa – applicant seeks adjournment of final hearing in this Court – no adequate or reasonable explanation for adjournment – adjournment application refused – applicant did not attend scheduled hearing before Administrative Appeals Tribunal – applicant sent two SMS text reminders about scheduled hearing – decision of Administrative Appeals Tribunal to proceed in the absence of the applicant under s.426A of the Migration Act 1958 (Cth) did not lack an intelligible justification and was not irrational or legally unreasonable in the circumstances – Administrative Appeals Tribunal decision not otherwise affected by jurisdictional error – application for judicial review dismissed. 

  • CQX18 v Minister for Home Affairs & Anor [2018] FCCA 2015

    Published date: 02 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – no jurisdictional error identified – application dismissed.

  • BOP16 v Minister for Immigration & Anor [2018] FCCA 2818

    Published date: 02 Oct 2018

    MIGRATION – Application for judicial review – application to show cause – unparticularised grounds of review – whether the Tribunal made an error of law – whether the Tribunal considered evidence – whether Tribunal decision affected by unreasonableness – no error apparent – application dismissed.

  • Singh v Minister for Immigration & Anor [2018] FCCA 2769 (27 September 2018)

    Published date: 01 Oct 2018

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – Temporary Business Entry (Class UC) Temporary Work (Skilled) (subclass 457) visa – whether approved sponsor – whether approved nomination – whether Administrative Appeals Tribunal had jurisdiction – whether jurisdictional error.

  • Saini & Anor v Minister for Immigration & Anor [2018] FCCA 2782

    Published date: 01 Oct 2018

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

  • Ricupero v Peter Barrett Corporation Pty Ltd & Anor [2018] FCCA 2784

    Published date: 01 Oct 2018

    INDUSTRIAL LAW – Alleged breach of general protection – termination of employment – exercise of workplace right – alleged accessorial liability of director.

    PRACTICE AND PROCEDURE – Whether to grant leave to a company not to be represented by a lawyer – consideration of factors.
  • Microsoft Corporation & Ors v CPL Notting Hill Pty Ltd & Ors (No.4) [2018] FCCA 2465

    Published date: 01 Oct 2018

    COPYRIGHT – Infringement of copyright in operating system software programs – licence fee assessment of damages and award of additional damages – declarations, orders and injunction made. 

    TRADE MARKS – Infringement of Windows and Microsoft trade marks – award of damages at large and additional damages.

    CONSUMER LAW – Misleading and deceptive conduct – declarations made. 
  • Lee v North Richmond Community Health Ltd [2018] FCCA 2774

    Published date: 01 Oct 2018

    INDUSTRIAL LAW – Adverse action – whether the Applicant’s redundancy was a genuine redundancy – whether adverse action was taken against the Applicant because she exercised a workplace right – application dismissed. 

    INDUSTRIAL LAW – Purported breach of an enterprise agreement – whether the Respondent breached s.50 of the Fair Work Act 2009 – application dismissed.
  • James Legal Pty Ltd v Milanos & Anor (No.2) [2018] FCCA 2796

    Published date: 01 Oct 2018

    BANKRUPTCY – Application to set aside a personal insolvency agreement – interests of the creditors generally – consideration of factors – application dismissed.

  • Gorgees v Minister for Immigration & Anor [2018] FCCA 2787

    Published date: 01 Oct 2018

    MIGRATION – Application to review decision of the Administrative Appeals Tribunal – whether Tribunal misconstrued visa criterion and/or the definition of carer in reg.1.15AA of the Migration Regulations 1994 (Cth) and thereby applied the wrong test.

  • FCA17 v Minister for Immigration & Anor [2018] FCCA 2755

    Published date: 01 Oct 2018

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

  • EPR17 v Minister for Immigration & Anor [2018] FCCA 2780

    Published date: 01 Oct 2018

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable cases of jurisdictional error. 

  • EPH17 v Minister for Immigration & Anor [2018] FCCA 2809

    Published date: 01 Oct 2018

    MIGRATION – Safe haven enterprise visa – Immigration Assessment Authority (“IAA”) gave active intellectual consideration to each of applicant’s claims – did not consider irrelevant matters – IAA considered each claim made by the applicant and all matters required by the Migration Act.

    PRACTICE & PROCEDURE – Show cause hearing – issues for consideration in respect of a summary dismissal application – order not to be lightly made – residual discretion of the trial judge – applicant’s grounds lacked particulars – IAA considered each claim made by the applicant and all matters required by the Migration Act – application summarily dismissed. 
  • ENV17 v Minister for Immigration & Anor [2018] FCCA 2516

    Published date: 01 Oct 2018

    MIGRATION – Application in a case to expedite proceedings – the Court must apply the law as it exists – the Court has no right to and cannot speculate upon alterations in the law that may be made in the future – no basis to expedite proceedings – application in a case dismissed.

  • ENM17 & Anor v Minister for Immigration & Anor [2018] FCCA 2772

    Published date: 01 Oct 2018

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

  • EKQ17 v Minister for Immigration & Anor [2018] FCCA 2767

    Published date: 01 Oct 2018

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • DYK17 & Ors v Minister for Immigration & Anor [2018] FCCA 2799

    Published date: 01 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise visas – whether the Authority erred in determining there were no exceptional circumstances for justifying the consideration of new information – whether the Authority failed to exercise its discretion to seek further information – no jurisdictional error made out – further amended application dismissed.

  • DBA16 v Minister for Home Affairs & Anor [2018] FCCA 2761

    Published date: 01 Oct 2018

    MIGRATION – Safe Haven Enterprise (subclass 790) Visa – Immigration Assessment Authority – application for an extension of time – application filed some 23 months out of time – whether an extension of time should be allowed in the interests of the administration of justice – whether the grounds of the application contain merit – where the Minister claims the Applicant is precluded from seeking relief by reason of Anshun estoppel – extension of time application refused – application dismissed.  

  • CKW15 v Minister for Immigration & Anor [2018] FCCA 2018

    Published date: 01 Oct 2018

    MIGRATION – Administrative Appeals Tribunal – application for a Protection (Class XA) visa – whether the Tribunal had jurisdiction – whether the applicant was denied procedural fairness – no sufficient merit to warrant an order extending time under s 477 of the Act made out – application for an extension of time dismissed.

  • BUU18 v Minister For Home Affairs & Anor [2018] FCCA 2174

    Published date: 01 Oct 2018

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority’s decision was legally unreasonable – whether the Authority complied with procedural fairness – whether the Authority complied with its statutory obligations – whether the Authority had an obligation to extend time – no jurisdictional error made out – application dismissed. 

  • BCN18 v Minister of Home Affairs & Anor [2018] FCCA 2641

    Published date: 01 Oct 2018

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – Tribunal found Applicant was not a witness of truth – whether Tribunal made illogical assumptions in considering a psychologist report and a psychiatrist report submitted by the Applicant – – whether Tribunal rejected expert opinions and substituted its own opinion – whether there were logical connection between evidence and conclusions drawn by the Tribunal – Tribunal’s credibility concerns were not overcome by evidence of the Applicant’s mental state – no jurisdictional error established.

  • BAY18 v Minister for Home Affairs & Anor [2018] FCCA 2699

    Published date: 01 Oct 2018

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – whether Authority showed apprehended bias in failing to consider the Applicant’s vulnerability, language, ethnic and cultural background and lack of educational and literacy skills – whether Authority failed to consider the safety of the Applicant and his family in travelling on dangerous roads in Afghanistan – Applicant’s grounds raised matters which were not in evidence before the Tribunal or the Court – matters do not arise squarely from the material – no jurisdictional error established.

  • Atta v Minister for Immigration & Anor [2018] FCCA 2651

    Published date: 01 Oct 2018

    MIGRATION – Estoppel – statutory estoppel – estoppel in public law –diplomatic visa – whether applicant is entitled to rely on VEVO status – extension of time – extension of time refused.   

  • Wenz & Alberg [2018] FCCA 2765

    Published date: 31 Oct 2018

    FAMILY LAW – Parenting dispute – significant family violence by father against mother – mother making false statement to police – mother seeking to block father’s time with children – father seeking change of residence or equal shared time – children and parents undergoing family therapy to restore relationships – family report recommending 9/5 regime – children only ever spending 12/2 – order for children to spend time with the father in 10/4 regime.

  • Solos & Michaud [2018] FCCA 3050

    Published date: 31 Oct 2018

    FAMILY LAW – Parenting – mother primary carer – parents had reached parenting agreement –child withheld in breach of parenting agreement – untested evidence of drug use – interest of the child concerned – recovery order made.

    PRACTICE AND PROCEDURE – Venue transfer – mother and child habitually reside in Brisbane – proceeding transferred to Brisbane registry. 


  • Padmore & Weaver [2018] FCCA 2801

    Published date: 31 Oct 2018

    FAMILY LAW – Parenting – final orders – one child aged 8 years old – mother seeking to relocate with the child – whether the child should live primarily with the mother in new locality or in a shared care arrangement where child has always lived – where the mother is primary carer – where the father has spent regular time with the child – where the child has half siblings in the mother’s home – where the child has a close relationship with extended paternal family – best interests of the child.

  • Neal & Kelley [2018] FCCA 2744

    Published date: 31 Oct 2018

    FAMILY LAW – Parenting – Where the parties married in (country omitted) and relocated to Australia – where the mother alleges acts of family violence by the father – where it is alleged the father lacks parental capacity – where the mother seeks a long term supervision order – where the father poses a flight risk – where an order for sole parental responsibility is made.

  • Greyson & Greyson [2018] FCCA 718

    Published date: 31 Oct 2018

    FAMILY LAW – Adult child maintenance for child who has Down Syndrome and Autism - dispute over quantum.

  • Danvers & Danvers [2018] FCCA 2319

    Published date: 31 Oct 2018

    FAMILY LAW – Application in a case for stay pending appeal – where no such notice of appeal had been filed – where timeframe for such notice had passed – application dismissed.

  • Danvers & Danvers (No.2) [2018] FCCA 2547

    Published date: 31 Oct 2018

    FAMILY LAW – Applicant seeking costs - offers made prior to the hearing – whether it is appropriate to exercise discretion to make a costs order against a party – where the failure of a party to accept the offers was unreasonable – costs order made.

  • Christensen & Christensen [2018] FCCA 2390

    Published date: 31 Oct 2018

    FAMILY LAW – Parenting – older children with firmly expressed view – younger child who has not spent time with the Father for many years – need for gradual re-introduction of time with younger child at contact centre – provision of children’s “views” via short report and by separate memorandum from Independent Children’s Lawyer.

  • Seabrook & Seabrook [2018] FCCA 2311

    Published date: 29 Oct 2018

    FAMILY LAW – Parenting – change of residence sought by the father – two children, aged 15 and 13 – strong views – views influenced by mother – children not spending time with the father – mother has a personality disorder – consideration of risk of psychological and psychiatric harm to the children of living with the mother or of changing residence to the father – psychological treatment of the mother ordered – no change of residence.

  • Blass & Blass [2018] FCCA 2474

    Published date: 29 Oct 2018

    FAMILY LAW – PARENTING – Dispute about time the children aged 8 & 5 should spend with the husband – where the husband was violent to the children’s older half-siblings during the relationship – where the wife nevertheless agreed to an order for equal shared parental responsibility and proposed that the children spend regular unsupervised time with the husband – where the wife proposed that the time be quite restricted and include only one overnight each alternate week and very limited time during school holidays – whether the children would be at unacceptable risk of harm in the husband’s care and if not whether there are any other reasons which justify limiting the children’s time with the husband – orders made as proposed by the Independent Children’s Lawyer which provide for more time than the wife proposed but less than the husband proposed.

    PROPERTY – Small pool with large superannuation component – order for the wife to be given first option to retain the home provided that she makes a payment to the husband – superannuation splitting order made.
  • Hyland & Vacek [2018] FCCA 2486

    Published date: 23 Oct 2018

    FAMILY LAW – Parenting orders – relocation – young children with cystic fibrosis – family in rural town. 

  • Castilla & Castilla [2018] FCCA 2079

    Published date: 23 Oct 2018

    FAMILY LAW – Property – leave to proceed twenty months out of time – hardship shown – leave granted.

  • Carroll & Carroll [2018] FCCA 2494

    Published date: 23 Oct 2018

    FAMILY LAW – Parenting – interim relocation – mother’s health – spend time with father. 

  • Braun & Braun [2018] FCCA 1926

    Published date: 19 Oct 2018

    FAMILY LAW – Parenting – best interests of the children – parties living interstate – increasing father’s time – impact on children – capacity of parents – Property – matrimonial – injunction of proceeds of sale – disbursement of funds – treatment of disbursement – addbacks.

  • Donne & Donne [2018] FCCA 2887

    Published date: 17 Oct 2018

    FAMILY LAW – Parenting interlocutory orders first return date.

    PRACTICE AND PROCEDURE – Application for the proceedings to be conducted in closed court – application by third party for suppression orders.

  • Bisset & Rounds [2018] FCCA 459

    Published date: 17 Oct 2018

    FAMILY LAW – De facto relationship – division of property – treatment of property – disclosure to Centrelink.

  • Sarto & Sarto [2018] FCCA 1040

    Published date: 15 Oct 2018

    FAMILY LAW – Parenting – parental responsibility – intractable disputes between parents – family violence allegations.

  • Marani & Marani [2018] FCCA 2468

    Published date: 15 Oct 2018

    FAMILY LAW – Property – alteration of property interests – assessment of contribution and future needs – capital gains tax.

  • Cato & Cato [2018] FCCA 2771

    Published date: 15 Oct 2018

    FAMILY LAW – Property – contributions.

  • Parrish & Gallejo (No.2) [2018] FCCA 2851

    Published date: 12 Oct 2018

    FAMILY LAW– Family Law Act 1975 (Cth) and related legislation – contempt of court – powers of court.

    COURTS AND JUDGES – Contempt – punishment and enforcement – punishment – order – nature of punishment – imprisonment.


  • Lacey & Lacey (No.3) [2018] FCCA 1551

    Published date: 12 Oct 2018

    FAMILY LAW – Property – 37 year marriage with five children – pool of $10m – where throughout their relationship the parties devoted their efforts to improving and conserving property owned by a company set up by the husband’s parents – where the husband was gifted 25% of the shares in the company prior to the parties marriage and ultimately received his parents’ shares by way of inheritance – where the husband proposed that his contributions by way of gift and inheritance be elevated in importance to the point where the wife would receive only 17.5% of the pool – where this is not just and equitable – where the wife sought 43% of the pool but where this involved a 3% adjustment largely for costs which is not permissible – where a 40/60 assessment of contributions is just and equitable – where there are no s.75(2) matters requiring any further adjustment.

  • Jarmin & Elstone (No.3) [2018] FCCA 2724

    Published date: 12 Oct 2018

    FAMILY LAW – Parenting – live with and spend time – historic physical abuse of child by mother’s former partner – attachment difficulties for child – risk to child’s psychological and emotional development if child continues to live with mother – order that child live with father.

  • Harden & Ferrero [2018] FCCA 2606

    Published date: 12 Oct 2018

    FAMILY LAW – Parenting – final orders – undefended hearing – complete non-participation in proceedings by Father – one child aged 4 years – where Mother seeks sole parental responsibility and live with orders – where Mother seeks that the Father spend time with the child as agreed with such time to be supervised or as the Court directs – where the Father has engaged in acts of family violence – where the Father has issues relating to alcohol abuse and possible cannabis abuse – where the Father has completely disengaged from the child showing neglect for child’s needs – best interests of child.

  • Adema v Adema & Anor [2018] FCCA 2869

    Published date: 12 Oct 2018

    CHILD SUPPORT – Review of a decision of the Administrative Appeals Tribunal – departure from assessment – no jurisdictional error – application dismissed.

  • Mercer & Mercer [2018] FCCA 2575

    Published date: 11 Oct 2018

    FAMILY LAW – Parenting – dispute over where youngest child should live – poor parenting decisions – facebook and text messages – exposure to conflict – attitude to relationship with other parent – sibling relationship – strength of relationship with each parent – evidence of report writer – position of Independent Children’s Lawyer – children’s best interests.

  • McQueen & Daube [2018] FCCA 2728

    Published date: 08 Oct 2018

    FAMILY LAW – Parenting – recovery order.

  • Randell & Randell & Anor [2018] FCCA 2668

    Published date: 05 Oct 2018

    FAMILY LAW – Parenting proceeding – three children subject of the proceeding – respondents are parents of two elder children – applicant and first respondent parents of youngest child – eldest child estranged from biological parents – eldest child seventeen years old – issue whether parental responsibility for eldest child be shared or whether applicant should have sole parental responsibility – family report prepared – psychiatric reports of applicant and first respondent prepared – history of dysfunction that has affected the children – need to protect children from harm – contested intervention order proceedings on foot between eldest child and her parents – eldest child wishes to live with applicant – presumption that it is in the child’s best interests for parents to have equal shared parental responsibility rebutted – applicant to have sole parental responsibility – sole parental responsibility conditional upon parents being advised and afforded an opportunity to provide input.

  • Mandel & Palumbo [2018] FCCA 2704

    Published date: 05 Oct 2018

    FAMILY LAW – Property proceeding – application for adjustment of property interests – relationship of ~20 years – three children of the marriage – children lived with respondent after separation – applicant continued to provide financial and emotional support to children – respondent’s new partner moved into matrimonial home – children moved out to live with applicant at his father’s home – applicant primary care giver for children since late 2013 – applicant suffered significant back injury after separation – applicant received payment for total and permanent disablement – orders made for respondent to vacate matrimonial home – enforcement proceedings necessary to secure vacant possession – respondent failed to make full and frank disclosure – uncertainty as to asset pool – cost and length of proceeding unduly prolonged by respondent’s attitude towards preparation, hearing, and determination of matter – whether applicant’s father made a loan to parties – respondent unilaterally appropriated monies from children’s bank accounts in breach of trust – respondent made a drawdown on mortgage account – modest shareholdings – assets valued as at the date of trial – wasted costs and expenditure a liability of respondent – just and equitable for a property adjustment – financial and non-financial contributions given weighting as to 60% in favour of the applicant and 40% in favour of the respondent – applicant in poor health and now has no capacity to work– respondent has support of new partner – respondent in substantial arrears of liability to pay child support – issue as to respondent’s earning activities before and since separation – inferences more easily to be drawn from lack of evidence – respondent’s earning capacity limited by birth of recent child – children will remain predominantly in the care of the applicant – property interests adjusted so as to divide property 70% to applicant and 30% to respondent.

  • Laniga & Carron [2018] FCCA 2613

    Published date: 05 Oct 2018

    FAMILY LAW – Property – Shaw v Shaw considerations – where repairs to matrimonial home not effected by Husband – where Husband had lived in home to the exclusion of wife – where value of home had diminished thereby – where splitting order made.

  • Dunbar & Doyle [2018] FCCA 2601

    Published date: 04 Oct 2018

    FAMILY LAW – Parenting – undefended – with whom the children shall live – where mother has a history of drug abuse and unreliability – family violence in the mother’s home – where father has been imprisoned for child sex offences – where father has been the children’s primary caregiver for several years – best interests of the children – children live with the father – father have sole parental responsibility.

  • Winship & Wrays [2018] FCCA 2632

    Published date: 04 Oct 2018

    FAMILY LAW – Parenting – dispute as to live with arrangements for 5½ year old child – where mother deceased – where child living with maternal aunt – where father seeking child live with father – held in child’s best interest to live with maternal aunt, for maternal aunt to have sole parental responsibility and for child to spend time with father on weekends, holidays and special occasions. 

  • Somerville & Somerville (No.2) [2018] FCCA 2665

    Published date: 04 Oct 2018

    FAMILY LAW – Parenting – consideration of the rule in Rice & Asplund – consideration of whether there has been a change in circumstances justifying further litigation – whether the mother should be permitted to change the child’s surname – application allowed.

  • Senna & Aldenberg & Anor [2018] FCCA 2711

    Published date: 04 Oct 2018

    FAMILY LAW – The Family Law Act 1975 (Cth) and related legislation – Contempt of court – Powers of court.

    COURTS AND JUDGES – Contempt – punishment and enforcement – punishment – order – nature of punishment – imprisonment.

  • Pallesen & Nivan [2018] FCCA 2592

    Published date: 03 Oct 2018

    FAMILY LAW – Property – undefended final hearing – orders adjusting parties’ interests made.

  • Markes & Markes [2018] FCCA 2663

    Published date: 03 Oct 2018

    FAMILY LAW – Contravention application – parties agreed in parenting orders providing for children to spend time with father – orders provide for mother to deliver the children to the father’s place of residence – two earlier contravention applications – contraventions include not delivering children to father’s residence during school holidays, thwarting pre-paid holidays – further contravention application arising from non-delivery of children during 2017 Christmas holidays – respondent admits non-delivery of children but advances defence of reasonable excuse for not having done so – urgent s 11F child inclusive conference ordered – elder child unable to attend conference due to being away on school camp– reasonable excuse not established – orders made for delivery of submissions addressing the question of penalty – interim orders made for make-up time and for children to spend two consecutive weeks with applicant over Christmas holiday – respondent seeks to vacate orders for make-up time – order made to facilitate psychiatric assessment of respondent for the purposes of penalty hearing – respondent does not obtain psychiatric assessment – application in a case filed seeking stay of declaration of contravention pending application for extension of time in which to appeal making of declaration – applicable principles – potential for imposition of term of imprisonment to impact upon respondent’s employability even if sentence suspended – consequential effect on children – best interests of children a significant consideration – stay granted. 

  • Marbby & Marbby [2018] FCCA 2298

    Published date: 03 Oct 2018

    FAMILY LAW – Stay application – impractical proposals by mother – application dismissed.

  • Kaufman & Sandor [2018] FCCA 2701

    Published date: 03 Oct 2018

    FAMILY LAW – Costs – applicant’s application against the respondent and the respondent’s former solicitor – costs awarded against the respondent and the respondent’s former solicitor. 

  • Fairburn & Janda [2018] FCCA 2692

    Published date: 03 Oct 2018

    FAMILY LAW – Parenting – interim hearing – time spent – allegations of sexual assault not substantiated – where there is emotional abuse – where there is a family violence order. 

  • Coombs & Coombs [2018] FCCA 2671

    Published date: 03 Oct 2018

    FAMILY LAW – Property – long marriage – assessment of contributions – adjustment of parties’ interests – justice and equity.

  • Bannister & Mancuso [2018] FCCA 2591

    Published date: 03 Oct 2018

    FAMILY LAW – Parenting – undefended hearing – risk of harm – order for no time.

  • Wendel & Dabney [2018] FCCA 2212

    Published date: 02 Oct 2018

    FAMILY LAW – Father’s application for sole parental responsibility – where mother omitted serious criminal behaviour from disclosure – where mother has a history of drug related offences – where children expressed desire not to see mother in Child Inclusive Conference – where presumption of equal shared parental responsibility is rebutted – consideration of s.60CC factors – where sole parental responsibility in best interests of children – application granted.

  • Hammond & Nave [2018] FCCA 2743

    Published date: 02 Oct 2018

    FAMILY LAW – Grandmother seeking time with grandchildren – father dead – uncommon grandmother and child relationship – in and out of the children’s lives – grandmother critical of mother – poor relationship between the two adults – no trust – best interests of children to only have communication with grandmother.

  • Welter & Katz [2018] FCCA 2742

    Published date: 01 Oct 2018

    FAMILY LAW – Father seeks equal shared care – father refuses to talk to mother – father uses children as messengers – father is inflexible and lacks insight – Residence of father needs to change to accommodate holiday periods.

  • McGowan & Hahn [2018] FCCA 2626

    Published date: 01 Oct 2018

    FAMILY LAW – Parenting – allegations of drug use – where the mother is seeking hair follicle testing of the father – whether the father’s time with the child be supervised – whether there is a condition precedent to the father spending unsupervised time with the child – whether there is an unacceptable risk to the child if unsupervised time with the father is ordered.