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  • SZRSX v Minister for Immigration (No.6) [2019] FCCA 3058

    Published date: 31 Oct 2019

    MIGRATION – Review of a decision of a delegate of the Minister – refusal to waive no further stay condition on a visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Singh v Minister for Immigration & Anor [2019] FCCA 3076

    Published date: 31 Oct 2019

    MIGRATION – Visa – partner visa – whether Tribunal failed to consider relevant materials – ‘spouse’ – whether mutual commitment to shared life – procedural fairness – whether Tribunal in error to refuse adjournment – impermissible merits review – application dismissed.

  • CUZ17 v Minister for Immigration & Anor [2019] FCCA 3074

    Published date: 31 Oct 2019

    MIGRATION – Protection visa – where grounds are unparticularised – whether Authority denied applicant procedural fairness – whether Authority failed to alert applicant to “new issues” and “get new information” – where procedural fairness does not require Authority to get new information about an issue that it found in the applicant’s favour – no error exposed in Authority’s decision – application dismissed.

  • Basnet v Minister for Home Affairs & Anor [2019] FCCA 3046

    Published date: 31 Oct 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – dismissal by Tribunal for non appearance – interlocutory dismissal of show cause application – no arguable case of jurisdictional error although immaterial legal error established – orders made in the absence of the applicant – history of non engagement in proceedings – no application for reinstatement to be filed.

  • AYP18 v Minister for Immigration & Anor [2019] FCCA 3063

    Published date: 31 Oct 2019

    MIGRATION – Decision by Administrative Appeals Tribunal.

    PRACTICE & PROCEDURE – Whether time should be extended to applicant to file an application for judicial review – whether applicant’s explanation for delay in filing application satisfactory – whether application for judicial review has sufficient prospects of success such that it would be in the interests of justice to extend time – application for extension of time refused.

  • AYB19 v Minister for Immigration & Anor [2019] FCCA 3034

    Published date: 31 Oct 2019

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

  • AXT17 v Minister for Immigration & Anor [2019] FCCA 3084

    Published date: 31 Oct 2019

    MIGRATION – Cancellation of Protection visa – misconstruction of regulation 2.41(k) of Migration Regulations 1994 (Cth) – whether Tribunal misconstrued reg 2.41(k) having regard to the findings made upon material advanced by applicant respecting his contribution to the community – Tribunal entitled to form view that matters relied upon were not truly relevant considerations and to give them no weight – no misconstruction of regulation – irrelevant considerations – whether Tribunal took into account circumstance that applicant’s wife may have been pregnant to the applicant at time she was noted as a member of the same family unit when her former husband made application for a Protection visa – matter not taken into account – whether Tribunal failed to notify applicant of matters that would have been the reason or part of the reason to affirm the decision to cancel the visa – applicable principles – application dismissed.

  • AVO19 v Minister for Immigration & Anor [2019] FCCA 3026

    Published date: 31 Oct 2019

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

  • AVL17 v Minister for Immigration & Anor [2019] FCCA 3037

    Published date: 31 Oct 2019

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the Tribunal failed to have regard to the individual circumstances of the case and applied country information in general – whether the Tribunal failed to afford the applicant the opportunity to respond to country information – whether the Tribunal took into account an irrelevant consideration – whether the Tribunal failed to afford the applicant procedural fairness – no jurisdictional error revealed – application dismissed.

  • Myers v Arenco Holdings Pty Ltd & Ors [2019] FCCA 3077

    Published date: 31 Oct 2019

    INDUSTRIAL LAW – Contravention of provisions of s.340 of FWA – compensation and civil penalty orders to be the subject of further submissions – accessorial liability – adverse credibility findings.

  • Visuvanathan & Ors v Minister for Immigration & Anor [2019] FCCA 3062

    Published date: 30 Oct 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a business (457) visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Shaikh v Minister for Immigration & Anor [2019] FCCA 3054

    Published date: 30 Oct 2019

    MIGRATION – Skilled Independent (Class VB, subclass 885) Visa – review of decision of the Administrative Appeals Tribunal – section 375A Certificate stating disclosure of documents contrary to public interest – failure to disclose documents did not result in any practical injustice – no jurisdictional error revealed.

  • Basyouni v Minister for Immigration & Anor [2019] FCCA 2664

    Published date: 30 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Partner (Temporary (Class UK) visa – whether the Tribunal failed to act according to the evidence provided – whether the Tribunal failed to properly consider compelling reasons for not applying Schedule 3 of the Migration Regulations 1994 (Cth) – whether the Tribunal was unreasonable in making their decision – whether there is jurisdictional error – no jurisdictional error made out – application is dismissed.

  • Justice v Commonwealth of Australia (Department of Human Services trading as Centrelink) [2019] FCCA 2726

    Published date: 30 Oct 2019

    HUMAN RIGHTS – Disability discrimination – claim of direct and indirect discrimination – applicant given limited access to Centrelink due to concerns about her behaviour – whether linked to PTSD – whether applicant treated less favourably than someone without her disability – whether applicant unable to comply with the conditions imposed upon her – whether conditions reasonable considered.

  • Arachchilage v Minister for Immigration & Anor [2019] FCCA 3073

    Published date: 29 Oct 2019

    PRACTICE AND PROCEDURE – Where applicant makes application for adjournment shortly before hearing date – where applicant provides medical certificate which is lacking in detail – where medical certificate opines that applicant is unfit for work for 2 weeks – where applicant seeks 6 month adjournment – brief adjournment granted.

  • Clarke v Nursing And Midwifery Council of New South Wales & Ors (No.2) [2019] FCCA 3035

    Published date: 28 Oct 2019

    PRACTICE AND PROCEDURE – Applications for gross sum costs orders by First, Second and Fourth Respondents – Amended Application as against them summarily dismissed as Applicant had no reasonable prospect of successfully prosecuting the proceeding against them and the proceeding was otherwise frivolous, vexatious and an abuse of the process of the Court – amount sought by them less than what would be obtained by an order for costs in the regular course – orders for gross sum costs orders made as sought.  

    CONSUMER LAW – Amended Application alleges breaches of duty of care, negligence and breaches of privacy under the Privacy Act 1988 (Cth) and the Competition and Consumer Act 2010 (Cth) by the Third Respondent – application for summary dismissal made under  r.13.10 of the  Federal Circuit Court Rules 2001 (Cth) by the Third Respondent of the Amended Application– Applicant has no reasonable prospect of successfully prosecuting the proceeding against the Third Respondent and the proceeding is otherwise frivolous, vexatious and an abuse of the process of the Court – no leave to replead granted – Amended Application summarily dismissed as against the Third Respondent.

  • Lo & Anor v Minister For Immigration & Anor [2019] FCCA 2642

    Published date: 28 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – application for Other Family (Residence) (Class BU) visa – whether the Tribunal misconstrued and misapplied the provisions under cl 836.213 of Schedule 2 of the Migration Regulations 1994 (Cth) – whether the Tribunal denied the first applicant a meaningful and fair opportunity to present arguments and give evidence – whether the Tribunal failed to comply with the requirements under s 360 of the Migration Act 1958 (Cth) – whether the Tribunal committed jurisdictional error due to an invalid notification purportedly made under s 376 of the Migration Act 1958 (Cth) and/or denial of procedural fairness – no jurisdictional error made out – the application is dismissed.

  • ATU19 v Minister for Home Affairs & Anor [2019] FCCA 3042

    Published date: 28 Oct 2019

    MIGRATION – Application for Safe Haven Enterprise Visa (SHEV) – adverse credibility findings – implausible claims – country information relied upon – home area considerations – application dismissed.

  • AYE17 & Anor v Minister for Immigration & Anor [2019] FCCA 3018

    Published date: 28 Oct 2019

    MIGRATION – Application for review of Administrative Appeals Tribunal (AAT) decision – whether the AAT committed jurisdictional error by failing to comply with s.424A of the Migration Act 1958 (Cth) in relation to country information – whether the AAT misinformed itself of the particular circumstances of the applicant and incorrectly applied the test – whether the non-disclosure to the applicants of documents subject to a s.438 certificate reveals jurisdictional error on the part of the AAT – no jurisdictional error revealed – application dismissed.

  • DQH18 v Minister For Immigration & Anor [2019] FCCA 2890

    Published date: 28 Oct 2019

    MIGRATION – Immigration Assessment Authority – application for Temporary Protection visa – whether the Authority correctly exercised its power under s 473DC(3) of the Migration Act 1958 (Cth) – whether the Authority failed to issue a valid direction under s 473GD(1) of the Migration Act 1958 (Cth) – whether the Authority committed jurisdictional error due to an invalid notification under s 473GB of the Migration Act 1958 (Cth) – no jurisdictional error made out – the application is dismissed.

  • BTC16 v Minister for Immigration & Anor [2019] FCCA 3031

    Published date: 28 Oct 2019

    MIGRATION – Protection (Class XA) visa – review of decision of the Administrative Appeals Tribunal (AAT) – where the Applicant seeks judicial review – no failure of natural justice.

  • Singh & Anor v Minister for Immigration & Anor [2019] FCCA 3064

    Published date: 28 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – subclass 457 temporary work (skilled) visa – application dismissed for non-appearance – application to reinstate – 457 visa cancelled for non-compliance with condition 8107 – condition 8107 requiring visa holder not to cease employment for more than 90 days – Minister’s department issuing newsletter to migration agents saying that cancellation will not be considered where new employment nomination lodged within 90 days – here, new employment nomination was lodged within 90 days – Tribunal noted existence of newsletter, but apparently did not consider it – arguable ground of review – application reinstated.

  • Pearce v St John of God Health Care Inc [2019] FCCA 3014

    Published date: 28 Oct 2019

    PRACTICE AND PROCEDURE – Application to set aside orders dismissing proceeding for non-appearance – factors for consideration – orders set aside.

    INDUSTRIAL LAW – Extension of time – general protections application – factors for consideration – arguable case established – extension granted.

  • Nandutu v University of Sydney & Anor [2019] FCCA 2754

    Published date: 28 Oct 2019

    HUMAN RIGHTS – Application for leave to file proceedings – Sexual Harassment – litigation in other jurisdictions – lengthy delay in lodgement of complaint – application for leave dismissed.

  • Cadence (90) Investments Pty Ltd (Trustee) v Chalmers & Anor [2019] FCCA 3066

    Published date: 28 Oct 2019

    BANKRUPTCY – Ex parte application for leave to serve bankruptcy notices outside Australia – leave granted.

  • Fair Work Ombudsman v NoBrace Centre Pty Ltd (In Liquidation) (ACN 121 556 447) & Ors (No.2) [2019] FCCA 2970

    Published date: 25 Oct 2019

    INDUSTRIAL LAW – Application for imposition of pecuniary penalties – multiple contraventions of a civil penalty provision – liability established against principal contravenor which is placed in voluntary liquidation – accessory liability established against second and third respondents – accessories found liable as being involved in contraventions to differing extents – contraventions involved failure to pay minimum weekly wages, overtime, weekend loading, public holiday rates, holiday penalty rates, annual leave and leave loading – where respondents and employee participated in sham to obtain working visa and ENS visa for permanent residence – applicable principles – penalties imposed.

    INDUSTRIAL LAW – Application for award of compensation – jurisdictional requirement that a person has contravened a civil remedy provision – findings made against principal contravenor – other respondents found to have been involved in contraventions – person involved in contravention taken to have contravened civil remedy provision – court must be satisfied it is appropriate to make order of the kind sought – applicable principles – compensation ordered.

    INDUSTRIAL LAW – Application for orders that first and second respondent be jointly and severally liable for compensation – where accessories found liable to differing extents – whether open or appropriate to make orders that accessories are jointly liable – where not impracticable to give separate judgements against accessories for their respective liabilities for compensation and interest – orders conditioned on terms to prevent double recovery.

  • Shakya v Minister for Immigration & Anor [2019] FCCA 2994

    Published date: 25 Oct 2019

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

  • Mercer v Belgravia Health & Leisure Group Pty Ltd Trading As Loftus Recreation Centre [2019] FCCA 2112

    Published date: 25 Oct 2019

    INDUSTRIAL LAW – Alleged dismissal from employment in contravention of a general protection.

  • DRM18 v Minister for Immigration & Anor [2019] FCCA 2734

    Published date: 25 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Subclass UC-457 visa – whether the Tribunal failed to consider whether the applicant had a well-founded fear of persecution – whether the Tribunal denied the applicant procedural fairness by reaching conclusions that the applicant was not a credible witness – whether the Tribunal failed to consider the evidence put forward by the applicant – whether the Tribunal erred in rejecting the evidence – whether the Tribunal approached the matter with a preoccupied attitude – whether the Tribunal made a jurisdictional error – no jurisdictional error made out – application is dismissed.

  • BXN16 v Minister for Immigration & Anor [2019] FCCA 2820

    Published date: 25 Oct 2019

    MIGRATION – Protection visa application – where Taliban targets applicant because of his political activities – where Tribunal finds that applicant would face a real chance of serious harm now or in the future if he returned to the Khyber Pakhtunkhwa – whether applicant could relocate to another area – where Tribunal finds it would be reasonable for applicant to relocate to Lahore or another urban area outside the Khyber Pakhtunkhwa – where Tribunal correctly identifies the test to be applied for internal relocation – where Tribunal fails to apply that test – where Tribunal adopts an overly narrow focus – where Tribunal fails to properly assess past and present events relevant to the evaluation of the risk of harm – where Tribunal’s decision is affected by jurisdictional error – application allowed.

    PRACTICE AND PROCEDURE – where applicant seeks to raise grounds of review having submitted that it was unnecessary to make submissions to Tribunal on relevant aspect of test for internal relocation – whether having made such submission, applicant should be permitted to advance ground of judicial review – whether applicant should be granted leave to amend application for judicial review so as to raise ground not raised below – applicable principles – whether expedient and in interests of justice to allow amendment – where merit of the proposed ground is an important consideration – relevance of forensic decision not to make submissions where matter is remitted – application refused.

  • BCV16 v Minister for Immigration & Anor [2019] FCCA 2968

    Published date: 25 Oct 2019

    MIGRATION – ITOA Assessment – procedural fairness – applicant of  Hazara ethnicity fears harm from Taliban if he returns to Afghanistan – whether Hazaras without characteristics other than their ethnicity have an increased risk profile – whether applicant’s apparent wealth made him a target or at increased risk – where applicant’s claim to be imputed to be wealthy had been considered and addressed by Assessor – whether Assessor’s conclusion or reasoning as to risk of harm based upon supposed wealth was illogical or irrational – where applicant advances claim to fear harm on the basis of an imputed political opinion – where claim was not established or clearly articulated – whether Assessor obliged to re-consider applicant’s claim on basis of posing test “What if I am wrong” – Assessor in no real doubt as to risk and not obliged to apply such test – application dismissed.

  • AWN16 v Minister for Immigration & Anor [2019] FCCA 3033

    Published date: 25 Oct 2019

    MIGRATION – Application for protection visa – adverse credibility findings – due consideration by Tribunal of all claims made to it – Tribunal not required to seek further documentation or information in support of applicant’s claims – claim of apprehended bias without substance – application dismissed.

  • AUI17 & Ors v Minister for Immigration & Anor [2019] FCCA 2997

    Published date: 25 Oct 2019

    MIGRATION – Protection visa – three applicant brothers seek visas – where grounds unparticularised and do not expose error in decision of Immigration Assessment Authority – applications dismissed.

  • ARX18 v Minister for Immigration & Anor [2019] FCCA 3021

    Published date: 25 Oct 2019

    MIGRATION – Reinstatement – applicant late to show cause hearing – application dismissed pursuant to rule 13.03C(1)(c) – matter relisted – application treated as oral application for reinstatement – unparticularised grounds of review – Tribunal’s reasons and materials in court book provide no basis upon which application demonstrates arguable case for relief – application refused.

  • ABD18 v Minister for Home Affairs & Anor [2019] FCCA 3012

    Published date: 25 Oct 2019

    MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – where the Authority categorised new information as a new claim – whether the Authority erred in its consideration of “exceptional circumstances” – no jurisdictional error – application dismissed.

  • Ellis v Target Australia Pty Ltd [2019] FCCA 1820

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Disability discrimination – access to premises – application in a case to dismiss application.

    PRACTICE AND PROCEDURE – Application in a case to dismiss application – application for summary dismissal on the basis of no reasonable prospect of success – test for no reasonable prospect of success.

  • Ellis v Redwave Media Pty Limited [2019] FCCA 1431

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Disability discrimination claim.

    PRACTICE AND PROCEDURE – Respondents’ Application in a Case for summary dismissal of claim – in the alternative to strike out claim – whether failure to disclose a reasonable cause of action – whether any reasonable prospect of success – whether pleading scandalous, frivolous and vexatious – whether pleading an abuse of process – whether claim or portions thereof to be struck out – whether claim to be re-pleaded.

    WORDS AND PHRASES – “services”.

  • Ellis v FJM Property Pty Ltd (No.2) [2019] FCCA 1821

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Disability Discrimination – access to premises – provision of goods, services and facilities – whether first named respondent in control of or responsible for access to premises and provision of goods, services and facilities – application in a case for summary dismissal.

    PRACTICE AND PROCEDURE – Application for summary dismissal – whether no reasonable prospect of success – whether first named respondent in control of or responsible for access to premises and provision of goods, services and facilities.

  • Ellis v Burswood Nominees Ltd Trading As Crown Resort & Anor [2019] FCCA 1819

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Disability discrimination – complaint by disabled person to able bodied person about use of disability access toilets – alleged assault on disabled person – alleged assault on able bodied person – provisions concerning removal of persons from licensed premises – application in a case to summarily dismiss originating application.

    PRACTICE AND PROCEDURE – Application in a case to summarily dismiss originating application – whether no reasonable prospect of success.

    EVIDENCE – Admissibility – whether CCTV footage unfairly prejudicial.

    REMEDIES – Orders sought for prosecution of assault – orders sought for revocation of security guard licences – whether Court can make orders.

  • WZAVO & Anor v Minister for Immigration & Anor [2019] FCCA 2271

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – Refugee Review Tribunal decision – protection visa application – Chinese citizen – author and film maker – whether well-founded fear of persecution – whether real risk of significant harm – whether impermissible merits review – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Extension of time to file judicial review application – whether application in writing – whether application competent – consideration of factors in relation to an extension of time – whether adequate explanation for delay – whether application for judicial review arguable or has reasonable prospect of success.

  • WZAVK v Minister for Immigration & Anor [2019] FCCA 2272

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – citizen of Sri Lanka – decision of former Refugee Review Tribunal – whether failure to consider a claim – whether failure to have regard to information and to put information – whether failure to afford procedural fairness – whether failure to evaluate claim of fear of persecution – whether jurisdictional error.

  • WZAUU v Minister for Immigration & Anor [2019] FCCA 2214

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – Refugee Review Tribunal – citizen of Iran – believer in God – non-believer in religion – non-believer in Islam – application for extension of time to file judicial review application – whether want of procedural fairness – whether bias – whether grounds sufficiently arguable – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Extension of time – very substantial delay – whether adequate explanation for delay – whether prejudice – whether proposed grounds of review reasonably arguable or have reasonable prospects of success.

  • WZAUR v Minister for Immigration & Anor (No.2) [2019] FCCA 2234

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – Protection (Class XA) Visa application – decision of Refugee Review Tribunal – Kenyan citizen – whether member of a gang declared a terrorist organisation in Kenya – whether evidence credible –– Kenyan police orders to arrest – whether failure to consider relevant Kenyan criminal law and criminal procedure – whether conclusion that police arrest order would not be issued 12 months after applicant departed Kenya was without evidentiary foundation or lacking in a logical and probative basis or plainly wrong – whether failure to consider an integer of the applicant’s claim namely a fear of persecution for being a member of a gang – whether failure to consider an integer of the applicant’s claim of a fear of persecution for being wanted by the Kenyan police.

  • WZAUH & Anor v Minister for Immigration & Anor [2019] FCCA 2018

    Published date: 24 Oct 2019

    MIGRATION – Judicial review application – Protection (Class XA) Visa – application for extension of time to file judicial review application.

    PRACTICE AND PROCEDURE – Extension of time – very substantial delay – whether adequate explanation for delay – whether prejudice – whether proposed grounds of review reasonably arguable or have reasonable prospects of success.

  • Singh v Minister for Immigration & Anor [2019] FCCA 1899

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – decision of former Migration Review Tribunal – Indian citizen – refusal of partner visa – whether failure to take into account relevant considerations – whether irrelevant considerations taken into account – whether claim of domestic violence required to be considered – whether significant errors of facts affecting decision – whether jurisdictional error – writs issued.

  • Singh v Minister for Immigration & Anor [2019] FCCA 1333

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – citizen of India – higher education visa cancellation affirmed by Administrative Appeals Tribunal – whether cancellation for particular fact or circumstance that is no longer the case which was basis for grant of the visa – whether jurisdictional error.

  • Singh v Minister for Immigration & Anor [2019] FCCA 1182

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – citizen of India – higher education visa cancellation affirmed by Administrative Appeals Tribunal – whether failure to consider relevant material – adverse findings – whether illogical and unreasonable exercise of discretion – whether jurisdictional error.

  • Singh & Minister for Home Affairs & Anor [2019] FCCA 2993

    Published date: 24 Oct 2019

    MIGRATION – Application for transfer of proceedings to Melbourne Registry of the Court – no good reason demonstrated for making order to transfer proceedings – delay in hearing of cases in Melbourne registry of the court – application dismissed.

  • Saje v Union For Progressive Judaism Inc & Ors [2019] FCCA 847

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Application alleging unlawful sex discrimination and victimisation.

    PRACTICE AND PROCEDURE – Production or provision of a document referred to in an affidavit.

    WORDS AND PHRASES – “document” – “refers to”.

  • Morrison v ISS Australia [2019] FCCA 1183

    Published date: 24 Oct 2019

    INDUSTRIAL LAW – Termination of employment – whether contravention of a general protection under Fair Work Act 2009 (Cth).

  • Le v Minister for Immigration [2019] FCCA 2167

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – partner visa application – decision to deem invalid – decision not to waive condition – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Application for extension of time in which to bring application for review against decision not to waive condition – consideration of factors applicable to extension of time application.

  • Le & Anor v Minister for Immigration & Anor [2019] FCCA 3017

    Published date: 24 Oct 2019

    MIGRATION – Application for Partner Visa – non-satisfaction of relevant criteria – adverse credibility findings made against applicant – no requirement for Tribunal to address domestic violence allegations where a genuine relationship was never found to have existed – no jurisdictional error established – application dismissed.

  • Ko & Ors v Minister for Immigration & Anor [2019] FCCA 2176

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – Administrative Appeals Tribunal – business skills residence visa – ownership interest – whether applicant required to have ownership interest in same main business nominated at time of application – whether jurisdictional error.

  • GOR18 v Minister for Immigration & Anor [2019] FCCA 2963

    Published date: 24 Oct 2019

    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.

  • Flashman v Department of the Attorney General [2019] FCCA 2111

    Published date: 24 Oct 2019

    HUMAN RIGHTS – Alleged disability discrimination – application to extend time to bring application.

    PRACTICE AND PROCEDURE – Application to extend time to bring application – consideration of factors – where very substantial delay – whether adequate explanation for delay – illness – access to legal advice – whether prejudice – whether grounds of proposed application reasonably arguable.

    EMPLOYMENT – Whether constructive dismissal.

  • CRQ17 v Minister for Immigration & Anor [2019] FCCA 1332

    Published date: 24 Oct 2019

    MIGRATION – Citizen of Vietnam – refusal of Protection (Class XA) visa – applications for extension of time to file originating application and amended originating application – application for summary dismissal of amended originating application.

    PRACTICE AND PROCEDURE – Application for extension of time in which to file originating application – application for an extension of time in which to file amended originating application – factors for consideration – whether time ought to be extended – long delay – whether explanation for delay – whether originating application competent – where failure to disclose prior judicial review proceedings – whether res judicata, issue estoppel or abuse of process apply – whether originating application arguable.

    PRACTICE AND PROCEDURE – Whether originating application competent – where failure to disclose prior judicial review proceedings.

  • CKL16 v Minister for Immigration & Anor [2019] FCCA 2184

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – decision of Immigration Assessment Authority – Safe Haven Enterprise visa – citizen of Sri Lanka – unauthorised maritime arrival – whether constructive failure to exercise jurisdiction or denial of procedural fairness by mischaracterising claim – whether excess of jurisdiction or failure to take into account a relevant consideration where alleged dispositive finding of fact without foundation or speculative – whether constructive failure to exercise jurisdiction because of mechanistic and non-cumulative approach to complementary protection claim – whether jurisdictional error.

  • CGN17 v Minister for Immigration & Anor [2019] FCCA 2931

    Published date: 24 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visas – application dismissed.

  • BCG16 v Minister for Immigration & Anor [2019] FCCA 2019

    Published date: 24 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – decision refusing protection (Class XA) visa – citizen of Sri Lanka of Tamil ethnicity and Hindu religion – whether well-founded fear of persecution – whether unreasonable conclusion – whether wrong question addressed – whether jurisdictional error.

  • AOO19 v Minister for Immigration & Anor [2019] FCCA 3009

    Published date: 24 Oct 2019

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

  • AKA19 v Minister for Home Affairs & Anor [2019] FCCA 2991

    Published date: 24 Oct 2019

    MIGRATION – Application for review lacking particulars – no early intervention by lawyers for the first respondent for the purpose of resolving the issue of particulars well before final hearing date - application adjourned with orders for the applicant to fully particularise the grounds of review.

  • AGX17 v Minister for Immigration & Anor [2019] FCCA 2938

    Published date: 23 Oct 2019

    MIGRATION – Application for an extension of time – whether leave to file should be granted – whether it is in the interests of the administration of justice to grant an extension of time.

  • WZAUN v Minister for Immigration & Anor [2019] FCCA 1681

    Published date: 23 Oct 2019

    MIGRATION – Judicial review application – Protection (Class XA) Visa – application for extension of time to file judicial review application.

    PRACTICE AND PROCEDURE – Extension of time – very substantial delay – whether adequate explanation for delay – whether prejudice – whether proposed grounds of review reasonably arguable or have reasonable prospects of success.

  • WZAUD & Ors v Minister for Immigration & Anor [2019] FCCA 2750

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of former Refugee review tribunal to affirm decision of delegate not to grant Protection (Class XA) visa – whether jurisdictional error.

  • WZAUB v Minister for Immigration & Anor [2019] FCCA 2749

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – whether errors in interpretation – whether failure to invite applicant to give evidence and present arguments – whether error in credibility finding arising from errors in interpretation and technical difficulties at hearing – effect of typographical error in decision – whether jurisdictional error – writs issued.

  • WZATX v Minister for Immigration & Anor [2019] FCCA 2576

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – Safe Haven Enterprise Visa application by citizen of Sri Lanka – complementary protection - whether error of law - whether failure to consider integer of applicant’s claim – whether proper review conducted – where reliance on earlier Tribunal decision - whether error in application of what if I am wrong test – whether obligation on Tribunal to make further enquiries - whether jurisdictional error.

    PRACTICE & PROCEDURE – Application to amend application and seek to rely on an additional ground – late application – where relevant material not previously provided.

  • Tung v Minister for Immigration & Anor [2019] FCCA 2368

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – partner visa – whether failure to understand and apply correct test for compelling circumstances – whether evidence overlooked, disregarded or not considered as to matters which might have been compelling reasons – whether reasonable apprehension of bias or pre-decision – whether denial of procedural fairness by not examining relevant witnesses – whether failure to properly determine the existence of jurisdictional fact in relation to longstanding relationship – whether failure to exercise jurisdiction according to law – whether jurisdictional error.

  • Sheyanova & Anor v Minister for Immigration & Anor [2019] FCCA 2527

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – Temporary Partner Visa –citizen of Russia – whether failure to consider alleged family violence – whether error in finding a hospital letter was a bogus document – whether denial of procedural fairness – whether jurisdictional error.

  • Patel v Minister for Immigration & Anor [2019] FCCA 2410

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – student visa – whether wrong question asked – whether a failure to properly put and explain information – whether a failure to give proper, genuine and realistic consideration to claim – whether failure to properly conduct a review – whether jurisdictional error.

  • Mohamud v Minister for Immigration & Anor [2019] FCCA 1538

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – refusal of partner visa – whether failure to consider materials – whether irrelevant considerations taken into account – whether decision fair – whether errors in interpretation – whether third party fraud on Tribunal by migration agent – whether jurisdictional error.

    WORDS AND PHRASES – “unknown”.

  • Kemei v Minister for Immigration & Anor [2019] FCCA 1735

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – citizen of Kenya – student visa – whether visa criteria met – no confirmation of enrolment – whether jurisdictional error.

  • Javed v Minister for Immigration & Anor [2019] FCCA 2591

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – Partner Visa – where misapplication of statutory regulations when assessing whether criteria for grant of a visa satisfied – whether an error in considering the nature of persons commitment to each other – whether error in considering the financial aspects of the relationship – whether error in relation to sponsor’s conversion to Islam not indicating a commitment to the relationship – whether denial of procedural fairness by failure to put matters to the applicant for comment – alternatively whether breach of legislative provisions requiring putting of matters to the applicant for comment – whether failure to consider relevant material provided in support of visa application – whether procedural unfairness by reason of failure to hold a further hearing where applicant told that the Tribunal would do so - whether jurisdictional error.

    PRACTICE & PROCEDURE – Application for extension of time in which to file judicial review application – consideration of factors.

  • Islam v Minister for Immigration & Anor [2019] FCCA 1453

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of former Migration Review Tribunal – cancellation of Subclass 573 Higher Education Sector visa affirmed – citizen of Bangladesh – cancellation of visa for unsatisfactory course progress – whether denial of procedural fairness by failure to give a fair opportunity to be heard – whether unreasonable exercise of statutory power – whether failure to provide particulars of information – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Application for extension of time – factors for consideration.

  • DUP16 v Minister for Immigration & Anor [2019] FCCA 2710

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Immigration Assessment Authority – refusal of Protection Visa – citizen of Iran – mother of two daughters granted Protection Visas – whether failure to consider claim – whether failure to ask right question – whether irrelevant consideration taken into account – whether finding open on the evidence – whether failure to consider whether applicant met particular criteria – whether jurisdictional error.

  • Contreras v Minister for Immigration & Anor [2019] FCCA 2999

    Published date: 23 Oct 2019

    MIGRATION – Cancellation of visa – incorrect answers to questions on visa application forms – whether alleged lack of knowledge of criminal charge exculpatory – application for review dismissed.

  • CHS15 v Minister for Immigration & Anor [2019] FCCA 2530

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – citizen of Vietnam – whether Tribunal had jurisdiction to determine application – whether jurisdictional error.

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

  • Chaudhary v Minister for Immigration & Anor [2019] FCCA 2641

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – citizen of Nepal – cancellation of student visa – whether there was a failure to consider matter – effect of guidelines used by the Tribunal in reviewing the Delegate’s Decision – whether no evidence to justify making the decision made – whether a denial of procedural fairness by reason of a failure to address claims made – whether jurisdictional error – writs issued.

  • CAK15 v Minister for Immigration & Anor [2019] FCCA 2722

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – affirming decision to refuse Protection (Class XA) Visa – whether failure to make obvious inquiry or to inform applicant of his ability to do so – whether jurisdictional error.

  • BRE15 v Minister for Immigration & Anor [2019] FCCA 1680

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal –citizen of Vietnam – whether claims considered cumulatively – whether constructive failure to perform review – whether passages copied from previous decision of Administrative Appeals Tribunal – effect of copied passages – whether jurisdictional error – writs issued.

    PRACTICE AND PROCEDURE – Application for extension of time – whether affidavit explaining delay necessary – whether non-compliance may be waived – factors for consideration – compliance waived.

    WORDS AND PHRASES – “interests of justice” – “interests of the administration of justice” – “administration”.

  • AOO16 v Minister for Immigration & Anor [2019] FCCA 1334

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – national of Zimbabwe – decision refusing a Protection (Class XA) visa – fear of persecution on basis of sexual orientation – application to further amend grounds for review – consideration of factors in relation to proposed amendments.

    PRACTICE AND PROCEDURE – Application to further amend grounds of review – consideration of factors in relation to proposed amendments – explanation for delay and reason for amendments – late filing of new material by respondents – model litigant obligations – nature and merit of the proposed amendments – whether any prejudice caused can be overcome – interests of justice.

  • Ali v Minister for Immigration & Anor [2019] FCCA 2639

    Published date: 23 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – Student Visa – whether decision illogical and unreasonable – whether adequate weight to a relevant consideration – whether applicant’s employment history relevant to his course of study – whether applicant had enrolled in a number of unrelated courses of study – whether consideration of lack of detailed plan to operate a business in applicant’s home country an irrelevant mater – whether jurisdictional error.

  • Walker v Cape Australia Onshore Pty Ltd [2019] FCCA 2397

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Alleged dismissal in contravention of a general protection – alleged adverse action – various complaints or inquiries in relation to employment – physical disability – dismissal from employment.

  • Thorpe v Vetis Consulting Services Pty Ltd & Anor [2019] FCCA 2375

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Dismissal – whether contravention of general protection – workplace right – complaint.

    PRACTICE AND PROCEDURE – Application for summary dismissal – application to strike out – workplace right – complaint – whether Court form a pleading.

  • Reay v Fuel & Gas Haulage Pty Ltd & Anor [2019] FCCA 2473

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Alleged contravention of a general protection under the Fair Work Act 2009 (Cth) – whether adverse action – disability – temporary absence because of illness or injury – where bare medical certificates – whether termination of employment for performance and conduct reasons during probationary period – purpose of probationary period.

    WORDS AND PHRASES – “disability” – “mindset”.

  • Read v GRP Technology Pty Ltd [2019] FCCA 2354

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – General protections claim – dismissal from employment – whether contravention of a general protection – whether dismissal from employment by reason of exercise of workplace right.

  • Pello-Esso v Thayli Pty Ltd (No.2) [2019] FCCA 2590

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Alleged failure to pay wages and overtime and for public holidays – whether employee or volunteer – whether intention to enter into a contract of employment – whether offer and acceptance – whether valuable consideration – whether covered by terms of the relevant Modern Award – whether within the claimed classification – whether proof of times worked.

  • Motufoua v Diamond Communications Pty Ltd [2019] FCCA 2818

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Dismissal – whether in contravention of a general protection – whether adverse action – whether as a result of complaints made.

  • Gee v Macmahon Underground Pty Ltd (No.2) [2019] FCCA 2398

    Published date: 23 Oct 2019

    INDUSTRIAL – Alleged dismissal from employment in contravention of a general protection.

  • Gardlenius v RF Martin Pty Ltd Trading As Advantage Panel and Paint [2019] FCCA 2351

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – General protections claim – whether exercise of workplace right – whether dismissal from employment by reason of exercise of workplace right.

    EVIDENCE – Surveillance devices – covert recording of meeting – whether desirability of admission of recording outweighs desirability of non-admission.

  • Fair Work Ombudsman v Broome Helicopter Services & Anor (No.2) [2019] FCCA 2713

    Published date: 23 Oct 2019

    INDUSTRIAL LAW – Contraventions of Fair Work Act 2009 (Cth) – penalties to be imposed – factors for consideration.

  • Ellis v Solutions Matchmaking Pty Ltd & Anor [2019] FCCA 1454

    Published date: 23 Oct 2019

    HUMAN RIGHTS – Disability discrimination – dating service – application in a case to summarily dismiss originating application.

    PRACTICE AND PROCEDURE – Whether form required to initiate originating application requires that grounds of the application be set out – where form does not require grounds of application to be set out – necessity for further orders to disclose the basis of the claim with sufficient specificity.

    PRACTICE AND PROCEDURE – Application in a case for originating application to be summarily dismissed – whether misconceived – whether relief sought manifestly unreasonable – apology – prohibition on engaging in certain business activities – compensation – whether no reasonable prospect of success – whether frivolous, vexatious or an abuse of process – whether applicant is estopped from prosecuting the proceedings by reason of a prior claim in the Magistrates Court of Western Australia.

    PRACTICE AND PROCEDURE – Re-pleading – whether an opportunity to re-plead statement of claim to be afforded to applicant – litigant in person – first statement of claim.

    ESTOPPEL – Whether applicant is estopped from prosecuting the proceedings by reason of a prior claim in the Magistrates Court of Western Australia – whether same question decided.

  • Collier v Telstra Corporation Limited & Anor (No.3) [2019] FCCA 2995

    Published date: 23 Oct 2019

    CONSUMER LAW – Competition and Consumer Act 2010 (Cth) – proceeding summarily dismissed under r.13.10(a), (b) and (c) of the Federal Circuit Court Rules 2001 (Cth) and in particular as an abuse of process because not brought and maintained for proper purposes but for the predominant purposes of harassing, annoying and tormenting the respondents.

  • Yan & Anor v Zhang [2019] FCCA 2990

    Published date: 23 Oct 2019

    BANKRUPTCY – Application to review a sequestration order made by a registrar – whether the court should go behind the judgment – whether the deed on which the judgment and the bankruptcy notice were based was unenforceable – whether the deed stifled a prosecution – whether the relevant clauses are severable – whether the debtor entered the deed under duress – whether the debtor is solvent.

  • Faulkner v Tidewater Marine Australia Pty Ltd (No.4) [2019] FCCA 2708

    Published date: 23 Oct 2019

    PRACTICE AND PROCEDURE – Application for hearing of witness’ evidence by video link – factors for consideration – witness overseas – application made on last day of multi-day hearing – application previously withdrawn – importance of evidence of witness.

  • WZAVD v Minister for Immigration & Anor [2019] FCCA 2645

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – independent protection assessment – applicant not granted a Protection (Class XA) visa – citizen of Iran – unauthorised maritime arrival – whether assessment unreasonable – whether error in assessment.

    PRACTICE AND PROCEDURE – Extension of time – factors for consideration.

  • WZAUP v Minister for Immigration & Anor [2019] FCCA 2310

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – where recording equipment malfunction – no transcript of Tribunal hearing – whether denial of procedural fairness or natural justice – whether jurisdictional error.

  • WZATR v Minister for Immigration & Anor [2019] FCCA 2847

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – whether evidence not considered – whether bias – whether jurisdictional error.

  • WZATC v Minister for Immigration & Anor [2019] FCCA 2448

    Published date: 22 Oct 2019

    MIGRATION – Judicial review application – substantive application heard but application for an extension of time not heard.

    PRACTICE AND PROCEDURE – Extension of time – substantive application heard but application for an extension of time not heard.

  • TransportEdge Inc v Swan Transit Services (South) Pty Ltd [2019] FCCA 2812

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Alleged contravention – adverse action – industrial activity.

    PRACTICE AND PROCEDURE – Summary dismissal – whether arguable case.

    PRACTICE AND PROCEDURE – Injunction – principles for grant of.

  • Singh v Minister for Immigration & Anor [2019] FCCA 2796

    Published date: 22 Oct 2019

    MIGRATION – Judicial Review – decision of former Migration Review Tribunal – affirmation of decision to not grant a Partner Visa – whether jurisdictional error.

  • Singh v Minister for Immigration & Anor [2019] FCCA 2337

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – Partner visa – application to amend grounds of review.

    PRACTICE AND PROCEDURE – Application to amend grounds of review – consideration of factors in relation to proposed amendments – length of and explanation for delay and reason for amendments – nature and merit of the proposed amendments.

  • Runghsawmee & Ors v Minister for Immigration & Anor [2019] FCCA 2795

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – Administrative Appeals Tribunal decision – Regional Employer Nomination visa – whether jurisdictional error.

    PRACTICE AND PROCEDURE – Extension of time – consideration of factors.

  • MZAIU v Minister for Immigration & Anor [2019] FCCA 2987

    Published date: 22 Oct 2019

    MIGRATION – Application for protection visa – delay of two years and three months in application for the protection visa being made after the applicant’s previous student visa had expired – adverse credibility findings made against applicant based on a number of grounds – no jurisdictional error established – application dismissed.

  • Kaushik v Minister for Immigration & Anor [2019] FCCA 2850

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – refusal to grant Skilled Residence Visa – whether decision affected by jurisdictional error.

  • Fong & Ors v Halliburton Australia Pty Ltd [2019] FCCA 2885

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Alleged contraventions – alleged underpayments of various entitlements – claim for reimbursement of income tax – claims for additional annual leave.

  • Fluri v Agnew Gold Mining Company Pty Ltd [2019] FCCA 2848

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Alleged contravention of a general protection under the Fair Work Act 2009 (Cth).

  • Dina v J-Corp Pty Ltd [2019] FCCA 2861

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Alleged dismissal from employment in contravention of a general protection.

  • Dhanuka & Anor v Minister for Immigration & Anor [2019] FCCA 2849

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of former Migration Review Tribunal – decision to affirm refusal by a delegate to grant Regional Employer Nomination visa – whether decision affected by jurisdictional error.

  • Deputy Commissioner of Taxation v Cutts (No.4) [2019] FCCA 2866

    Published date: 22 Oct 2019

    BANKRUPTCY – Application for review of sequestration order issued by a Registrar.

  • CVV17 v Minister for Immigration & Anor [2019] FCCA 3006

    Published date: 22 Oct 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of a decision of the Immigration Assessment Authority affirming a decision of a Delegate of the Minister for Immigration to refuse to grant to him a Safe Haven Enterprise (Subclass 790) visa – applicant departed Australia while on a Bridging (Class WE) (Subclass 050) visa associated with this proceeding – on the evidence the applicant has no legal right to return to Australia because he has no extant visa at the present time and by leaving Australia he is to be taken as having abandoned the proceeding – the applicant’s application for judicial review is therefore moot and lacks any utility – application for judicial review dismissed.

  • Crosby v Quebec Nominees Pty Ltd & Ors [2019] FCCA 2797

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Employment – dismissal – alleged contravention of general protection provisions of Fair Work Act 2009 (Cth).

  • CPR15 v Minister for Immigration & Anor [2019] FCCA 2810

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – whether failure to consider claims of persecution – whether failure to consider or properly take into account country information – whether jurisdictional error.

  • Construction, Forestry, Maritime Mining and Energy Union v DP World (Fremantle) Limited [2019] FCCA 2879

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Industrial agreement – whether contravention of terms.

  • CKV15 v Minister for Immigration & Anor [2019] FCCA 2851

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of the former Refugee Review Tribunal – decision of delegate to not grant a protection visa affirmed – whether jurisdictional error.

  • Car v Revilo Holdings Pty Ltd trading as Cranes and Rigging Services [2019] FCCA 2878

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Application for payment of wages.

  • Carrabba v PFP (AUST) Pty Ltd & Anor [2019] FCCA 2857

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – Employment – dismissal – alleged contravention of general protection provisions of Fair Work Act 2009 (Cth) – whether payment in lieu of notice – whether implied term.

  • BAT15 v Minister for Immigration & Anor [2019] FCCA 2789

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal affirming decision of delegate – refusal of Protection (Class XA) visa – Iranian citizen –whether jurisdictional error.

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

  • Bartlett v Signostics Ltd (In Liquidation) [2019] FCCA 2989

    Published date: 22 Oct 2019

    INDUSTRIAL LAW – CIVIL PENALTY PROVISION – Contravention of National Employment Standards – non-payment of untaken annual leave on termination of employment – pecuniary penalty – order for compensation.

    INDUSTRIAL LAW – ACCRUED JURISDICTION – Contractual claims arising from applicants employment – common substratum of facts – orders for payment of amounts owed pursuant to contracts.

    INDUSTRIAL LAW – PECUNIARY PENALTY – Where senior management involved in contravention – where forged document relied on by respondent – where sustained and deliberate conduct by respondent amounted to serious contravention.

    INDUSTRIAL LAW – COSTS – Indemnity costs.

  • Babar v Minister for Immigration & Anor [2019] FCCA 2311

    Published date: 22 Oct 2019

    MIGRATION – Judicial review – Temporary Partner Visa – citizen of Bangladesh – whether failure to exercise jurisdiction reasonably – whether Tribunal asked the wrong question – whether denial of procedural fairness – whether jurisdictional error.

  • ARQ18 v Minister for Home Affairs & Anor [2019] FCCA 3000

    Published date: 22 Oct 2019

    MIGRATION – Migration Act 1958 (Cth) – Protection visa application – dismissal for absence of appearance pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • AIS18 v Minister for Home Affairs & Anor [2019] FCCA 3005

    Published date: 22 Oct 2019

    MIGRATION – Migration Act 1958 (Cth) – Protection (Class XA) (Subclass 866) visa application – application for judicial review of decision of Administrative Appeals Tribunal not to grant to the applicant Protection visa – applicant needed a 148 day extension of time under s.477(2) of the Migration Act 1958 (Cth) to make her application to this Court – no reasonable prospects of success for proposed substantive grounds – application for extension refused.

  • Abbas v Minister for Immigration & Anor [2019] FCCA 2577

    Published date: 22 Oct 2019

    MIGRATION – Judicial review application – decision of former Migration Review Tribunal – Student (Temporary) (Class TU) subclass 572 visa – whether genuine access to funds – procedural fairness – refusal by Tribunal to adjourn hearing for applicant to provide documents - whether decision unreasonable – whether jurisdictional error.

  • SZTSA v Minister for Immigration & Anor [2019] FCCA 2967

    Published date: 21 Oct 2019

    MIGRATION – Application for remedies 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 a protection visa – whether Tribunal misunderstood evidence – whether it was open to Tribunal not to accept particular evidence in the absence of evidence to the contrary – whether it was reasonably open to Tribunal to make the findings it did on the basis of country information – whether findings were reasonably open to it – application dismissed.

  • ARD17 v Minister for Immigration & Anor [2019] FCCA 2922

    Published date: 21 Oct 2019

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to a decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision not to grant a protection visa – whether Tribunal considered or properly considered claim based on applicant’s being a Christian or an evangelising Christian – whether the Tribunal made an error by failing to consider whether the applicant would receive state protection – whether the Tribunal considered all of the applicant’s evidence – whether the Tribunal’s not being satisfied the applicant would face a real risk of significant harm in Nepal because of his Christianity was unreasonable or irrational given the matters the Tribunal accepted about the applicant’s being a Christian and the activities based on his being a Christian the applicant carried out in Australia and would continue to carry out if returned to Nepal – no jurisdictional error.

  • DRC17 v Minister for Immigration & Anor [2019] FCCA 2811

    Published date: 21 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – refusal of an extension of time for a show cause application – rejection as a relevant consideration the burden imposed on the Courts.

  • AJH19 v Minister for Immigration & Anor [2019] FCCA 2599

    Published date: 21 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Bangladesh – applicant’s factual claims believed in part but his fears found not to be well-founded – whether the Authority failed to consider integers of the applicant’s claims or erred in rejecting new information considered – no jurisdictional error.

  • Fair Work Ombudsman v Jenni International Pty Ltd & Anor [2019] FCCA 2971

    Published date: 21 Oct 2019

    INDUSTRIAL LAW – Accessorial liability – whether the Second Respondent was knowingly concerned in the First Respondent’s contraventions – contraventions of the General Retail Industry Award – underpayment of non-Australian citizen employees.

  • Fair Work Ombudsman v IE Enterprises Pty Ltd & Anor [2019] FCCA 2952

    Published date: 21 Oct 2019

    INDUSTRIAL LAW – Allegations of serious contraventions of the Fair Work Act 2009 (Cth) – penalty proceedings – whether proceedings are more appropriate for the Federal Court of Australia.

  • SZQCN v Minister for Immigration & Anor [2019] FCCA 2911

    Published date: 18 Oct 2019

    MIGRATION – Application to review decision of Migration Review Tribunal – partner visa – where Applicant told the Tribunal he was no longer in a relationship with his sponsor– whether Tribunal failed to consider whether there were compelling reasons at the time of decision not to apply the criteria in Schedule 3 of the Migration Regulations 1994 (Cth) – where error by the Tribunal not material – no jurisdictional error.

  • ACK16 v Minister for Immigration & Anor [2019] FCCA 2943

    Published date: 18 Oct 2019

    MIGRATION – Application for protection visa – whether Tribunal erred in its finding as to the place likely to be the applicant’s “home area” if returned – home area determination relevant to assessment as to whether applicant had a well-founded fear of persecution if returned to country of origin – matters to be considered by decision maker when carrying out an assessment as to whether a person had a well-founded fear of persecution or not – erroneous findings of Tribunal – jurisdictional error established – application allowed – decision quashed

  • GEY18 v Minister for Immigration & Anor [2019] FCCA 2933

    Published date: 18 Oct 2019

    MIGRATION – Application for safe haven enterprise visa – inconsistencies in applicant’s claims – adverse credibility findings – country information – application dismissed.

  • ECV18 v Minister for Home Affairs & Anor [2019] FCCA 2937

    Published date: 18 Oct 2019

    MIGRATION – Application for extension of time to file in the Federal Circuit Court – whether leave to file should be granted – whether it is necessary in the interests of the administration of justice to grant an extension of time.

  • DUN16 v Minister for Immigration & Anor and DUO16 v Minister for Immigration & Anor [2019] FCCA 2951

    Published date: 18 Oct 2019

    PRACTICE AND PROCEDURE – Absence of particulars in application for review in migration review proceedings – whether Federal Circuit Court would be fulfilling a judicial role or performing a judicial function if required to elicit particulars of the grounds for review from an applicant, and then record such particulars, on behalf of the applicant and for their benefit, so as to enable the hearing to proceed – propriety of the Court assuming the role of the applicant’s advocate – orders made for the filing of an amended application for review and for the provision of detailed particulars of the grounds for review – final hearing of application for review adjourned.

    MIGRATION – Absence of particulars in grounds for review – whether non-compliance with procedural orders of Registrar – responsibility of lawyers for first respondent to file an interlocutory application to resolve issues relating to lack of particularity of grounds for review well before hearing date – waste of court time, resources and costs – matter adjourned.

  • DEE16 v Minister for Immigration & Anor [2019] FCCA 2966

    Published date: 18 Oct 2019

    MIGRATION – Immigration Assessment Authority – protection visa – whether the Authority erred in interpreting or applying the law, or failed to exercise its jurisdiction, or erred in the exercise of its jurisdiction – whether the Authority failed to have regard to relevant considerations – whether the Authority fell into jurisdictional error in that it was unreasonable.

  • FSR18 v Minister For Home Affairs & Anor [2019] FCCA 2295

    Published date: 18 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Pakistan – Authority accepting the claim but finding that the applicant could relocate to Islamabad – whether the Authority erred in considering the reasonableness of relocation considered – jurisdictional error established.

  • AIJ17 v Minister for Immigration & Anor [2019] FCCA 2932

    Published date: 18 Oct 2019

    MIGRATION – Pakistan national – religious teacher - Nawha Khwan – whether the Tribunal failed to apply the correct or most recent country information – changing circumstances in Pakistan – dismissed.

  • GKH18 & Ors v Minister for Immigration & Anor [2019] FCCA 2844

    Published date: 18 Oct 2019

    MIGRATION – Extension of time application - Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – minimal delay – acceptable explanation – conceded lack of prejudice – no merit in substantive application – extension of time refused.

  • Kamal & Ors v Minister for Immigration & Anor [2019] FCCA 2845

    Published date: 18 Oct 2019

    MIGRATION – Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visas – decision of the Administrative Appeals Tribunal – where the applicants were not the subject of an approved nomination – no jurisdictional error – application dismissed.

  • Construction, Forestry, Maritime, Mining and Energy Union v Asbestos Removalist Pty Ltd & Anor [2019] FCCA 2977

    Published date: 18 Oct 2019

    INDUSTRIAL LAW – Application for civil penalty – first respondent in liquidation – findings as to liability of second respondent – subsequently declared bankrupt – appropriate penalty.

  • Heller v Minister for Home Affairs & Anor [2019] FCCA 2940

    Published date: 17 Oct 2019

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

  • GHH18 v Minister for Home Affairs & Anor [2019] FCCA 2923

    Published date: 17 Oct 2019

    MIGRATION – Absence of applicant when matter called – application pursuant to Rule.13.03C(1)(c) of Rules for dismissal of application in absence of a party – application dismissed.

  • FZB18 v Minister for Immigration & Anor [2019] FCCA 2941

    Published date: 17 Oct 2019

    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.

  • BRT19 v Minister for Home Affairs & Anor [2019] FCCA 2942

    Published date: 17 Oct 2019

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

  • AMG18 & Ors v Minister for Immigration & Anor [2019] FCCA 2466

    Published date: 17 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of protection visas – applicants claiming a fear of harm in Vietnam – applicants disbelieved in critical respects and other fears found not to be well-founded – whether the Authority misconstrued argument as new information or made a legally unreasonable decision or overlooked the circumstances of the child applicants or erred in considering whether to receive documents considered – jurisdictional error established in the rejection of a submission as new information.

  • ELX18 v Minister for Home Affairs & Anor [2019] FCCA 2925

    Published date: 16 Oct 2019

    MIGRATION – Protection Visa – whether Immigration Assessment Authority’s decision affected by jurisdictional error – application out of time – whether an extension of time should be granted – no explanation for delay – insufficient merit as Application amounted to an impermissible merits review – application for extension of time refused – application dismissed with costs.

  • CRL18 v Minister for Immigration & Anor [2019] FCCA 2315

    Published date: 16 Oct 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority’s findings were illogical and/ or irrational – whether the Authority failed to give real, genuine and proper consideration to relevant material – whether the Authority’s decision was affected by jurisdictional error – no jurisdictional error made out – application dismissed.

  • AAL19 v Minister for Home Affairs & Anor [2019] FCCA 2917

    Published date: 16 Oct 2019

    MIGRATION – Application for safe haven enterprise visa – exceptional circumstances not demonstrated for the purpose of a consideration of new information – allegation of apprehended bias unsubstantiated – Authority not required to obtain further information in the circumstances – application for review dismissed.

  • BAQ19 & Anor v Minister for Home Affairs & Anor [2019] FCCA 2893

    Published date: 15 Oct 2019

    MIGRATION – Application for Safe Haven Enterprise Visa – adverse credibility findings based upon late making of claims and claims lacking detail – adverse findings open to be made by Authority – country information on the question of the relevance of male protection able to be afforded to “female-headed households” in Sri Lanka – application dismissed.

  • AJF17 v Minister for Immigration & Anor [2019] FCCA 2913

    Published date: 15 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to consider an aspect of the applicant’s claims – whether the Tribunal’s reasoning was illogical – whether the Tribunal failed to have regard to appropriate country information – whether the Tribunal’s conduct could have led to a reasonable apprehension of bias.

  • El-Hanania v Vella (No.2) [2019] FCCA 2907

    Published date: 15 Oct 2019

    BANKRUPTCY – PRACTICE AND PROCEDURE – Application by applicant for adjournment of application to set aside bankruptcy notice – whether adequate explanation given for applicant not being in a position to proceed with hearing – whether applicant will suffer prejudice if adjournment not granted – whether respondents will suffer prejudice if adjournment granted – application for adjournment granted on terms that applicant pay costs thrown away.

  • De Silva & Ors v Minister for Immigration & Anor [2019] FCCA 2558

    Published date: 14 Oct 2019

    MIGRATION – Skilled (Residence)(Class VB) visa – Subclass 885 (Skilled – Independent) – application for extension of time in which to seek review of AAT decision – application filed some 21 months out of time – very substantial delay as a result of refusal of Ministerial intervention – whether an extension of time should be allowed in the interests of the administration of justice – claim destined to fail – no utility in extending time – extension of time refused – application dismissed.

  • Tran v Minister for Immigration & Anor [2019] FCCA 2859

    Published date: 14 Oct 2019

    MIGRATION –Application for remedies under s.476 of the Migration Act 1958 (Cth) (Act) in relation to a decision made by the Administrative Appeals Tribunal (Tribunal) affirming a decision not to grant a Prospective Marriage (Temporary) (class TO) visa – whether Tribunal applied arbitrary standards of conduct when determining whether the parties had a genuine intention to marry and to live together – whether the Tribunal’s findings the parties had no such genuine intention were otherwise legally unreasonable.

  • AGE17 v Minister for Immigration & Anor [2019] FCCA 2887

    Published date: 14 Oct 2019

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) (Act) of a decision made by Immigration Assessment Authority (Authority) affirming decision not to grant Temporary Protection visa – whether Authority erred in concluding certain information provided to it after delegate’s decision was “new information” – whether Authority acted unreasonably in not considering to invite or not inviting applicant to comment on finding the Authority made or proposed to make that certain information was “new information” – application dismissed.

  • BBQ16 v Minister for Immigration & Anor [2019] FCCA 2656

    Published date: 14 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visa – section 438 certificate – application of Minister for Immigration and Border Protection v SZMTA & Anor [2019] HCA 3 – application dismissed.

  • GHX18 v Minister for Immigration & Anor [2019] FCCA 2880

    Published date: 14 Oct 2019

    MIGRATION – Application for Safe Haven Enterprise Visa – inconsistencies in applicant’s claims – adverse credibility findings – application for review dismissed.

  • Wilson v Engineering Australia Pty Ltd [2019] FCCA 2704

    Published date: 14 Oct 2019

    INDUSTRIAL LAW – SMALL CLAIMS – interpretation of enterprise bargaining agreement – notice on termination – unpaid wages and allowances – termination of casual employees.

  • BUD18 v Minister For Home Affairs & Anor [2019] FCCA 2084

    Published date: 11 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Protection visa – whether the Tribunal denied procedural fairness as the Tribunal did not request further documents – whether the Tribunal made an irrelevant consideration – whether the Tribunal made an error of law – no jurisdictional error made out – application is dismissed.

  • APK18 v Minister for Immigration & Anor [2019] FCCA 1917

    Published date: 11 Oct 2019

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise visa – whether the Authority denied the applicant procedural fairness or breached s 425 of the Migration Act 1958 (Cth) – whether the Authority failed to consider new information – whether the Authority made adverse findings about the applicant’s credibility – whether the Authority made a jurisdictional error – no jurisdictional error made out – application is dismissed.

  • ACW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2019] FCCA 2833

    Published date: 11 Oct 2019

    MIGRATION – Review of decision by Immigration Assessment Authority – whether Immigration Assessment Authority’s decision affected by jurisdictional error – whether the Immigration Assessment Authority considered all claims made by the applicant – no jurisdictional error – application dismissed.

  • DOQ16 v Minister for Immigration & Anor [2019] FCCA 2233

    Published date: 11 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Protection (Class XA) visa – whether the Tribunal failed to deal with a claim which arose from the material and evidence before it – jurisdictional error made out – application allowed.

  • Ryan v Hill [2019] FCCA 2882

    Published date: 11 Oct 2019

    BANKRUPTCY – Application to set aside bankruptcy notice – whether the debtor has a counter-claim, set-off or cross demand – whether cross demand made or “set up” in the relevant proceeding – whether proceedings to set aside a judgment or order have been instituted – whether amount in bankruptcy notice is overstated – whether the debtor owes the debt – application dismissed with costs.

  • Singh v Minister for Immigration & Anor [2019] FCCA 2862

    Published date: 10 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – judicial error – where the application was not accompanied by a skills assessment per statutory requirement – where the decision by the AAT only bound by the requirement – where denial of procedural fairness would not have changed dismissal outcome.

  • Saffari v Amazon.com Inc & Ors [2019] FCCA 2876

    Published date: 10 Oct 2019

    ADMINISTRATIVE LAW – Application by the Australian Broadcasting Commission for non-party access to documents filed by the applicant contained in the Court file – applicant initially requests that there not be disclosure of filed documents to the public or the media – applicant then requests at first return date that filed documents be disclosed to the media – application for non-party access to certain documents on the Court file granted to the Australian Broadcasting Commission.

  • Pop v Minister for Immigration & Anor [2019] FCCA 2868

    Published date: 10 Oct 2019

    MIGRATION – Application for Aged Parent visa – order for inclusion of financial documentation in supplementary court book – matter adjourned.

  • Nadda v Minister for Immigration & Anor [2019] FCCA 2699

    Published date: 10 Oct 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a partner visa – applicant and sponsor found not to have ever been in a genuine spousal relationship – whether the Tribunal breached s.359A of the Migration Act 1958 (Cth) considered – no jurisdictional error.

  • FSD17 v Minister for Immigration & Anor [2019] FCCA 2870

    Published date: 10 Oct 2019

    MIGRATION – Where no appearance by applicant – where applicant had failed to answer her telephone – application dismissed with costs.

  • EGR17 v Minister for Immigration & Anor [2019] FCCA 2875

    Published date: 10 Oct 2019

    MIGRATION – Where no appearance by applicant – where applicant had signed acknowledgement form citing court date – where applicant had acknowledged receipt of respondents’ materials and court books – where applicant had failed to answer his telephone – application dismissed with costs.

  • De Beer v TransitCare Limited & Ors (No.2) [2019] FCCA 2652

    Published date: 10 Oct 2019

    INDUSTRIAL LAW – Fair work – costs.

  • AJB17 v Minister for Immigration & Anor [2019] FCCA 2854

    Published date: 10 Oct 2019

    MIGRATION – Application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision not to grant protection visa – whether Tribunal complied with s.424A of the Migration Act 1958 (Cth) – whether Tribunal was biased – whether Tribunal considered applicant’s written claims – application dismissed.

  • Vitharanage v Minister for Home Affairs & Anor [2019] FCCA 2828

    Published date: 09 Oct 2019

    MIGRATION – Notice of intention to cancel visa issued to applicant for non-compliance with conditions of issue – failure of applicant to advise of relevant change of circumstances – cancellation of visa – no jurisdictional error demonstrated – application dismissed.

  • Singla v Minister for Home Affairs & Anor [2019] FCCA 2852

    Published date: 09 Oct 2019

    MIGRATION – Adjournment application by mother of applicant in the absence of the applicant – tender of medical certificate – exercise of discretion – adjournment application granted.

  • Kapoor v Minister for Home Affairs & Anor [2019] FCCA 2827

    Published date: 09 Oct 2019

    MIGRATION – Application for student visa – failure to comply with enrolment criteria – application for visa refused – no jurisdictional error demonstrated – application dismissed.

  • Kambo v Minister for Home Affairs & Anor [2019] FCCA 2841

    Published date: 09 Oct 2019

    MIGRATION – Whether the Tribunal failed to exercise jurisdiction to consider an application – whether the Delegate’s decision is reviewable – application dismissed.

  • DIR19 v Minister for Home Affairs & Ors [2019] FCCA 2840

    Published date: 09 Oct 2019

    MIGRATION – Expedited hearing – interlocutory order preventing removal or deportation from Australia – balance of convenience – interlocutory injunction made.

  • Dhanian v Minister for Home Affairs & Anor [2019] FCCA 2856

    Published date: 09 Oct 2019

    MIGRATION – Application filed out of time – whether the Tribunal had jurisdiction to review Delegate’s decision – application dismissed.

  • BEP19 v Minister for Immigration & Anor [2019] FCCA 2814

    Published date: 09 Oct 2019

    MIGRATION – Application for safe haven enterprise visa – adverse findings made by Authority – no jurisdictional error demonstrated – application dismissed.

  • DBX18 v Minister Immigration & Anor [2019] FCCA 2831

    Published date: 08 Oct 2019

    MIGRATION – Protection Visa – decision of Immigration Assessment Authority – whether the IAA expressed doubt in findings – whether the IAA was required to ask “what if I am wrong?” – no jurisdictional error – application dismissed.

  • CMV18 v Minister for Immigration & Anor [2019] FCCA 2522

    Published date: 08 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Afghanistan – applicant’s claims accepted but Authority finding that he could relocate to Mazar-e-Sharif – whether the Authority erred in considering the reasonableness of relocation considered – jurisdictional error established in that the Authority failed to engage with part of the applicant’s submission on the reasonableness of relocation.

  • AWS16 v Minister for Immigration & Anor [2019] FCCA 2816

    Published date: 08 Oct 2019

    MIGRATION – Absence of applicant after substituted service – non-appearance of applicant – application for dismissal of the applicant’s claim in the absence of the applicant – application granted.

  • SZGIZ v Minister for Immigration & Anor [2019] FCCA 2819

    Published date: 07 Oct 2019

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) (Act) in relation to a decision made by the Administrative Appeals Tribunal (Tribunal) affirming a decision not to grant a protection visa – Tribunal denied the applicant procedural fairness by not disclosing to the applicant a certificate issued under s.438 of the Act – whether the Tribunal’s disclosure to the applicant of the certificate could realistically have resulted in the Tribunal making a different decision – application dismissed.

  • Sarina & Anor v O'Shannassy (No.2) [2019] FCCA 2802

    Published date: 07 Oct 2019

    DEFAMATION – PRACTICE AND PROCEDURE – First applicant had commenced concurrent defamation proceedings in the District Court after he had commenced a proceeding in the Federal Circuit Court that included the same claim for defamation – no abuse of process – whether the applicants have reasonable prospects of success in relation to four imputations given the availability of a possible defence under s.29 of the Defamation Act 2005 (NSW) – whether certain imputations are capable of being conveyed by the publication of the defamatory matter on which applicants rely – whether respondent should pay costs thrown away by adjournment of application in a case.

  • Porter, The Trustee Of The Property Of Thanh Huyen Tran, A Bankrupt v Nguyen [2019] FCCA 2798

    Published date: 04 Oct 2019

    BANKRUPTCY – Jurisdiction of Court to consider bankruptcy trustee’s application for appointment under a State Act of trustees for sale of land part-owned by bankrupt – whether State Act “picked up” pursuant to s.79 of the Judiciary Act 1903.

    PRACTICE & PROCEDURE – Application for leave to effect service outside Australia – relevant considerations – service by post in country which is a party to the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters.

  • Kapoor v Minister for Home Affairs & Anor [2019] FCCA 2790

    Published date: 04 Oct 2019

    MIGRATION – Partner (Migrant) (Class BC) visa – decision of the Administrative Appeals Tribunal – where applicant claims family violence – where evidence in support did not meet statutory requirements – whether Tribunal overlooked evidence – whether Tribunal misconstrued legislation – no jurisdictional error – application dismissed.

  • FZJ18 v Minister for Home Affairs & Anor [2019] FCCA 2806

    Published date: 04 Oct 2019

    MIGRATION – Protection visa – decision of the Immigration Assessment Authority – principles for an extension of time – significant delay – insufficient merit in proposed grounds of review – extension of time application dismissed.

  • Fair Work Ombudsman v Westside Petroleum Retail 1 Pty Ltd & Ors [2019] FCCA 2784

    Published date: 04 Oct 2019

    INDUSTRIAL LAW – Breaches of a civil remedy provision of the Fair Work Act 2009 – imposition of pecuniary penalties – relevant considerations.

    INDUSTRIAL LAW – Accessorial liability for breaches of a civil remedy provision of the Fair Work Act 2009 – imposition of pecuniary penalties.

  • DPH17 v Minister for Immigration & Anor [2019] FCCA 2258

    Published date: 04 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka – applicant’s fears found not to be well-founded – whether the Authority erred in characterising new argument as new information, or failed to properly consider an integer of the applicant’s claims, or made a legally unreasonable finding considered – jurisdictional error established in the characterisation of an argument as new information.

  • DEL18 v Minister for Immigration & Anor [2019] FCCA 2792

    Published date: 04 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Iran – applicant disbelieved in parts and other claims found not to be well-founded – general grounds of review – no jurisdictional error – observations on the applicant’s partner relationship with a New Zealand citizen.

  • BOT18 v Minister for Immigration & Anor [2019] FCCA 2793

    Published date: 04 Oct 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – dismissal for non appearance by the Tribunal – whether the Tribunal properly corresponded with the applicant’s representative considered – no jurisdictional error.

  • AXV16 v Minister for Immigration & Anor [2019] FCCA 2707

    Published date: 04 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – first respondent sought costs above scale – held reasonable in circumstances – costs awarded above scale.

  • SZQPZ v Minister for Immigration & Anor [2019] FCCA 2783

    Published date: 03 Oct 2019

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

    ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that it was unreasonable and failed to have regard to all the evidence.

  • Singh v Minister for Home Affairs & Anor [2019] FCCA 2815

    Published date: 03 Oct 2019

    MIGRATION – Application for a skilled (provisional) (class VC) visa – nominated skilled occupation was that of a chef – applicant’s course of study was that undertaken for an advanced diploma in marketing – finding of Tribunal that such course of study was not closely related to the nominated occupation of chef – no jurisdictional error demonstrated – application for review dismissed.

  • BDO19 v Minister for Home Affairs & Anor [2019] FCCA 2777

    Published date: 03 Oct 2019

    MIGRATION – Application for extension of time to bring application – delay of one year and 5 days in filing application for review – no reasons of substance advanced by applicant explaining delay – substantive claim not reasonably arguable – application dismissed.

  • BDA19 v Minister for Home Affairs & Anor [2019] FCCA 2778

    Published date: 03 Oct 2019

    MIGRATION – Application for safe haven enterprise visa – claims of fear of harm on the part of the applicant if returned to Iran without foundation – country information – application dismissed.

  • ALI18 v Minister for Immigration & Anor [2019] FCCA 2257

    Published date: 03 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Afghanistan – Authority finding that the applicant could relocate to Mazar-e-Sharif – whether relocation reasonable and whether the Authority erred in considering new information considered – jurisdictional error established in the relocation assessment.

  • AZZ17 & Ors v Minister for Immigration & Anor [2019] FCCA 889

    Published date: 02 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – whether the inconsistencies in interpretation by the translator resulted in a lack of procedural fairness – whether the Tribunal failed to consider relevant information – no jurisdictional error made out – application dismissed.

  • Quadri & Anor v Minister for Home Affairs & Anor [2019] FCCA 2768

    Published date: 02 Oct 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of student visas – principal applicant found not to be enrolled in a course of study – whether the Tribunal provided a fair hearing opportunity or whether the Tribunal made an unreasonable decision considered – no jurisdictional error.

  • EGJ18 & Ors v Minister for Home Affairs & Anor [2019] FCCA 2782

    Published date: 02 Oct 2019

    MIGRATION – Applications for safe haven visas – implausible and inconsistent responses – analysis of claims in context – application dismissed.

  • BIG18 v Minister for Immigration & Anor [2019] FCCA 2759

    Published date: 02 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Iraq – applicant’s fears found not to be well founded – general grounds of review – no jurisdictional error.

  • GOL18 v Minister for Immigration & Anor [2019] FCCA 2711

    Published date: 01 Oct 2019

    MIGRATION – Application for safe haven enterprise visa – no jurisdictional error established on the part of the Authority – application dismissed.

  • Yu & Ors v Minister for Immigration & Anor [2019] FCCA 2690

    Published date: 01 Oct 2019

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to a decision made by the Administrative Appeals Tribunal (Tribunal) affirming decision made by a primary decision-maker not to grant the applicants a Business Skills (Residence) (Class DF) Business Owner (subclass 890) visa (Business visa) – whether a particular criterion had to be satisfied at the time Tribunal decided to affirm decision or at the time the primary decision-maker decided not to grant the Business visa – no jurisdictional error.

  • Singh & Ors v Minister for Home Affairs & Anor [2019] FCCA 2737

    Published date: 01 Oct 2019

    MIGRATION – Student (Temporary) (Class TU) (Subclass 572) visa – decision of the Administrative Appeals Tribunal – whether Tribunal was required to put information to the applicants – whether the Tribunal denied the applicants procedural fairness – jurisdictional error established – writs issued.

  • Raihan v Minister for Home Affairs [2019] FCCA 2721

    Published date: 01 Oct 2019

    MIGRATION – Medical treatment visa sought – whether application was valid – question of validity for the Court – application dismissed.

  • MZZMH v Minister for Immigration & Anor [2019] FCCA 2305

    Published date: 01 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – whether the Tribunal considered all of the evidence and took into account relevant considerations – whether it was legally unreasonable for the Tribunal not to make enquiries – no jurisdictional error made out – further amended application dismissed.

  • GTK18 v Minister for Immigration & Anor [2019] FCCA 2546

    Published date: 01 Oct 2019

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

  • GRT18 v Minister for Home Affairs & Anor [2019] FCCA 2719

    Published date: 01 Oct 2019

    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.

  • GMS18 v Minister for Home Affairs & Anor [2019] FCCA 2706

    Published date: 01 Oct 2019

    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.

  • GEW18 v Minister for Home Affairs & Anor [2019] FCCA 2705

    Published date: 01 Oct 2019

    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.

  • EYX17 v Minister for Immigration & Anor [2019] FCCA 2748

    Published date: 01 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visa – extension of time application – application to this court almost one year late – explanation for delay may be adequate – whether grounds of review arguable – Tribunal determining it had no jurisdiction in circumstances where the application was lodged 15 minutes and 27 seconds late.

  • DUO17 v Minister for Immigration & Anor [2019] FCCA 2746

    Published date: 01 Oct 2019

    MIGRATION – Immigration Assessment Authority – protection visa – whether a statutory declaration contained new information – whether it consisted principally of submissions – whether the Authority erred in its consideration of whether new information could be taken into account – whether the Authority failed to consider certain claims made by the applicant.

  • DJD17 v Minister for Immigration & Anor [2019] FCCA 2747

    Published date: 01 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visa – whether the application to the Tribunal was lodged out of time – whether the Tribunal had jurisdiction – whether the notification of the delegate’s decision clearly stated the time within which an application had to be lodged – whether the Tribunal accurately calculated time – notification sent by email – Tribunal considering application was one day late.

  • DFY18 v Minister for Home Affairs & Anor [2019] FCCA 2407

    Published date: 01 Oct 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to accept new information – whether the Authority failed to exercise its power under s.473DC(1) of the Migration Act 1958 (Cth) – whether the Authority was unreasonable not to exercise the power under s 473DC(3) of the Migration Act 1958 (Cth) – whether the Authority fell into jurisdictional error in making its findings – whether the Authority overlooked the applicant’s statutory declaration – whether the Authority’s reasoning process was legally unreasonable – whether the Authority took on the role of arbiter of doctrine with respect to religion – no jurisdictional error made out – application is dismissed.

  • CFR16 v Minister for Immigration & Anor [2019] FCCA 2744

    Published date: 01 Oct 2019

    MIGRATION – Administrative Appeals Tribunal – protection visa – extension of time application – no arguable ground.

  • AZK18 & Ors v Minister for Immigration & Anor [2019] FCCA 2503

    Published date: 01 Oct 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of protection visas – applicants claiming a fear of harm in Sri Lanka – applicants’ fears found not to be well-founded – whether the Authority failed to properly consider an integer of the applicants’ claims, or failed to engage in an active intellectual process, or made an irrational decision in respect of the child applicants, or erred in determining the receiving country for one of the child applicants or erred in considering the impact of detention considered – no jurisdictional error.

  • AGJ19 v Minister for Immigration & Anor [2019] FCCA 2279

    Published date: 01 Oct 2019

    MIGRATION – Immigration Assessment Authority – application for a Temporary Protection visa – whether the Authority failed to have regard to or a real and meaningful engagement with the whole of the country information – whether the Authority failed to take into account a relevant consideration – no jurisdictional error made out – amended application dismissed.

  • Sanguinede v National Australia Bank Limited [2019] FCCA 2729

    Published date: 01 Oct 2019

    INDUSTRIAL LAW – Adverse action – termination of employment – whether the applicant was dismissed for a prohibited reason – onus of the respondent discharged – application dismissed.

  • Salsano v Cemento Group Pty Ltd [2019] FCCA 2728

    Published date: 01 Oct 2019

    INDUSTRIAL LAW – PRACTICE AND PROCEDURE – Application to dismiss summarily proceeding in which applicant claims unpaid wages on the grounds the Federal Circuit Court of Australia has no jurisdiction to hear claim, the applicant commenced proceedings when an undischarged bankrupt, and statement of claim as pleaded discloses no reasonable cause of action – Federal Circuit Court of Australia has jurisdiction – applicant’s claim for wages is not “property” that vested in trustee in bankruptcy – statement of claim sufficiently pleads arguable causes of action – application for summary dismissal dismissed.

  • O'Kane v Freelancer International Pty Ltd & Anor (No.3) [2019] FCCA 2727

    Published date: 01 Oct 2019

    INDUSTRIAL LAW – COSTS – Application under s.570(2)(b) of the Fair Work Act 2009 (Cth) (FW Act) by successful first respondent for costs it claims to have incurred because of the applicant’s unreasonable conduct in connection with the claims the applicant brought under the FW Act – whether the first respondent established it incurred any of the costs it claims to have incurred – whether any such costs as the first respondent established it incurred were incurred because of any unreasonable act or omission of the applicant – application for costs unfounded – whether the first respondent’s application for costs was itself an unreasonable act for which an order under s.570 of the FW Act ought to be made against the first respondent – order under s.570 of the FW Act made against first respondent.

  • Yarber & Yarber [2019] FCCA 3004

    Published date: 31 Oct 2019

    FAMILY LAW – Respondent husband seeking adjournment of property proceedings – adjournment wholly inappropriate and not granted – no party seeking to cross-examine – matter proceeding by submissions only – contribution assessed 60/40 in the wife’s favour as a result of husband’s negative contributions – future needs assessed in range up to 15% in favour of the wife – wife’s claim for 70/30 adjustment in her favour and equalisation of superannuation evidently just and equitable. COSTS – Wife seeking indemnity costs – husband ordered to pay wife’s costs on party/party basis.

  • Raben & Maddocks [2019] FCCA 2909

    Published date: 31 Oct 2019

    FAMILY LAW – Parenting – Application by father to spend time with a child aged 4 – where the father has committed acts of family violence since separation and has been relentless in denigrating the mother even during supervised visits at a contact centre – where the mother is fragile and vulnerable – where the child’s faith in the mother would be lost and the mother’s parenting capacity undermined if an order was made for the child to spend time with the father – where an order for no time and no communication is regrettable because the father and child are Aboriginal and the mother is not but where it would not be in the child’s best interests when all relevant matters are considered for the child to spend time with the father.

  • Kruger & Kruger [2019] FCCA 2757

    Published date: 31 Oct 2019

    FAMILY LAW – Property settlement – ‘add-backs’ – spousal maintenance.

  • Dustin & Severson [2019] FCCA 2904

    Published date: 31 Oct 2019

    FAMILY LAW – Parenting – allegations of sexual abuse/impropriety – unacceptable risk considered – parenting capacity.

  • Avilla & Zemeno [2019] FCCA 2903

    Published date: 31 Oct 2019

    FAMILY LAW – Spousal maintenance.

  • Xun & Kimberly [2012] FMCAfam 1207

    Published date: 31 Oct 2019

    FAMILY LAW – Application for leave to proceed pursuant to s.44(3) – cross application for summary dismissal – res judicata – issue estoppel – effect of foreign judgment.

  • Tran & Liang [2019] FCCA 2946

    Published date: 30 Oct 2019

    FAMILY LAW – Parenting and property – young child – dispute about when overnights should start – short marriage – contributions – earning capacity.

  • Tome & Tome [2019] FCCA 3003

    Published date: 30 Oct 2019

    FAMILY LAW – Children – contravention – costs.

  • Sutton & Lasko & Anor (No.4) [2019] FCCA 3056

    Published date: 30 Oct 2019

    FAMILY LAW – Indemnity costs order – determination of quantum of costs.

  • McQueen & Daube (No.2) [2019] FCCA 2983

    Published date: 30 Oct 2019

    FAMILY LAW – Application for legal representation under s.102NA – dismissed – interim application for father to have sole parental responsibility for medical decisions for X – comprehensive submissions and medical documents tendered – Independent Children’s Lawyer supports father’s application – application made.

  • Messana & Messana (No.2) [2019] FCCA 2939

    Published date: 29 Oct 2019

    FAMILY LAW – Parenting – intractable parental conflict – the application of s.102NA to a part-heard matter – practical consequences of representation under s.102NA when a part-heard matter is continued – provision of a transcript – limits on cross-examination – further interim orders made.

  • Corley & Petrie [2019] FCCA 2461

    Published date: 29 Oct 2019

    FAMILY LAW – Parenting – parental responsibility – living arrangements and time – Men’s Behaviour Change Program Referral – sole parental responsibility to mother – Airport Watch List – domestic violence – separation before birth of child – best interests of the child.

  • Bamberg & Cardell [2019] FCCA 2984

    Published date: 29 Oct 2019

    FAMILY LAW – Parenting – s.102NA – trial has to be adjourned as mandatory provisions apply – interim oral application for sole parental responsibility and change to week about arrangement.

  • Stock & Maudin [2019] FCCA 2919

    Published date: 28 Oct 2019

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

  • Malika & Maidment [2019] FCCA 2781

    Published date: 28 Oct 2019

    FAMILY LAW – Interim hearing – parenting – where there is an asserted risk of harm to the children spending overnight time in the mother’s care – where the mother sought additional spend time with orders – where the father sought the mother’s Amended Application in a Case be dismissed – whether it is in the child’s best interests to make an order for substantial and significant time or equal time.

  • Wilkins & Springfield (No.2) [2019] FCCA 2508

    Published date: 28 Oct 2019

    FAMILY LAW – Where there is a risk of harm to Child whether in Mother’s care or Father’s care – where least risk of harm in the Mother’s care – where parents struggle with drugs, alcohol and mental health issues – where the Maternal Grandmother provides a safety net for the Child.

  • Xiong & Hoang & Anor [2019] FCCA 2914

    Published date: 25 Oct 2019

    FAMILY LAW – Property settlement – marital relationship – substantial monies advanced by the husband’s mother for purchase of real estate and construction of houses – whether loans or gifts – whether the wife owns property in China in addition to a car park.

  • Withrow & Valente [2019] FCCA 2898

    Published date: 25 Oct 2019

    FAMILY LAW – Parenting – where parents have had equal time arrangement – where parents are unable to work out fundamental parenting arrangements – where child has strong bond with both parents – where the family report cites “high conflict parallel parenting” as a concern – best interests of the child – child to live with mother and spend time with father.

  • Tully & Toner [2019] FCCA 2918

    Published date: 25 Oct 2019

    FAMILY LAW – Parenting – interim – where the child has lived primarily with the mother since the parties separation in 2015 – where the father collected the child aged 9 from school in Suburb A to live with him in Suburb C – where father has concerns as to the mother’s mental health and family violence and drug use in her household – where there have been arguments between the mother and her partner requiring police attendances – held that the child remain in the care of the father.

  • Mace & Mace [2019] FCCA 2969

    Published date: 25 Oct 2019

    FAMILY LAW – Interim hearing – parenting – proposed relocation – where the father sought to prevent the mother from altering the children’s place of residence – mother granted leave to relocate children’s place of residence whilst they are in her care.

  • Burney & Speers [2019] FCCA 1160

    Published date: 25 Oct 2019

    FAMILY LAW – Parenting – two children – boy aged 11 – girl aged 5 – boy living with father post-separation – girl living with mother post-separation – father failing to ensure boy’s attendance at school – father failing to promote boy’s relationship with his mother – father failing to attend counselling and second family report interview – two children to live with their mother.

  • Wylie & Falconer (No.2) [2019] FCCA 2892

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – interim orders – where allegations of assault by father were investigated – where assault was an isolated incident and not child not found at risk – where children ordered to live with mother – where mother suffers from mental health issues and was involuntarily admitted –best interests of the children – children live with father until further orders.

  • Vickery & Vickery [2018] FCCA 4023

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – Contravention Application – facilitation of telephone time – arrangements relating to the child’s attendance upon psychologists – equal shared parental responsibility about major issues decisions – allegations with respect to face-to-face time that has not occurred – where mother seeks summary dismissal of application – where two of six allegations could not be established taking the husband’s evidence at its highest – where four allegations suggest that time did not occur – where father was to collect the child from school without the mother’s involvement – where mother submits that as she was not to facilitate the father’s time with the children that the allegations must fail – where the evidence tendered in the father’s case suggests that the mother removed the children from their school prior to the end of the school day so that the children would not be present to be collected – where removal of the children interfered with the father’s ability to collect the children as anticipated by the orders – where an arguable case is made out such that the remaining four allegations should proceed to hearing.

  • Trevina & Watters [2019] FCCA 2894

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – where mother is living with new partner – where mother seeks to vary order preventing children aged one and three years old having contact with mother’s partner – where partner convicted of rape and other alcohol related offences – where recent conviction for aggravated assault against the mother – where the mother’s partner has resumed drinking – where safety and protection of children are live issues – best interests of the children – application dismissed.

  • Northam & Lowrey [2019] FCCA 2895

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – where interim consent orders were made – where overnight stays were subject to agreement and inspection as to suitability of premises – where father withheld child in contravention of orders – where father found to have deliberately withheld child – supervised time.

  • Hulse & Kopec [2019] FCCA 2891

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – where allegations of sexual abuse against the father – where government agency willing to supervise children’s time with father under strict conditions for the purpose of therapy for children – best interests of children.

  • Greenfield & Conley [2019] FCCA 2884

    Published date: 24 Oct 2019

    FAMILY LAW – Parenting – where overseas parenting orders made in the United States – where overseas holiday dates and durations differ from Australian school holidays – where appropriate to give effect to the spirit, if not the letter, of the overseas orders – restraint on overseas travel – where one or both of the parties is highly mobile – where mother is a citizen of another country – neither parent permitted to travel outside Australia with the child – where father commenced concurrent proceedings overseas – father restrained by injunction from continuing proceedings in overseas jurisdiction.

  • Whitlow & Crane [2019] FCCA 2439

    Published date: 23 Oct 2019

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

  • Sisco & Boothe [2019] FCCA 2976

    Published date: 23 Oct 2019

    FAMILY LAW – PROPERTY – the Wife’s application for property orders – the Husband has not filed any material and has not participated in proceedings save for one appearance at an interim hearing – the matter proceeded on an undefended basis.

    HELD – orders made for a superannuation split in relation to the Husband’s superannuation with a base amount of $50,000, such that the Wife receive 65% of the parties’ asset pool for division and the Husband receive 35% of same.

  • Henrick & Hewett [2019] FCCA 2883

    Published date: 23 Oct 2019

    FAMILY LAW – Parenting – interim orders – application to extend number of supervisors – where supervisor proposed by the mother did not disclose relevant incident – where incident involved serious alcohol abuse and threat of violence – best interests of the children – where children are Aboriginal children – proposal of father adopted.

  • Edwards & Candee [2019] FCCA 2886

    Published date: 23 Oct 2019

    FAMILY LAW – Property proceedings – proceedings transferred to the Family Court of Australia – order made.

  • Drennan & Drennan [2019] FCCA 2799

    Published date: 23 Oct 2019

    FAMILY LAW – Parenting – contravention application – nine alleged contraventions – one contravention proven – penalty imposed.

  • Denson & Denson [2019] FCCA 2614

    Published date: 23 Oct 2019

    FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

  • Coolen & Coolen (No.2) [2019] FCCA 2411

    Published date: 23 Oct 2019

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

  • Moffatt & Corder [2019] FCCA 2515

    Published date: 22 Oct 2019

    FAMILY LAW – Property dispute after 12 year relationship – small pool consisting of family house and husband’s superannuation – wife seeking to retain unencumbered family home despite husbands significantly greater contributions – wife’s future needs substantially greater – property pool divided 65/35 in favour of the wife.

  • McCracken & McCracken [2019] FCCA 2701

    Published date: 22 Oct 2019

    FAMILY LAW – Parenting – interim hearing – relocation – where the mother relocated her residence and the residence of the child from Sydney to City A – where the father acquiesced to the relocation but later revoked his acquiescence – spend time with arrangements – best interests of the child.

  • Sutton & Lasko & Anor (No.3) [2019] FCCA 2686

    Published date: 18 Oct 2019

    FAMILY LAW – Breach of an order – payments made from company accounts in breach of court order – third parties in receipt of funds – orders made to preserve assets – costs.

  • Newton & Newton [2019] FCCA 2822

    Published date: 17 Oct 2019

    FAMILY LAW – Parenting – first return – urgent listing – spend time with arrangements – where the father has not spent time with the child for 8 months.

  • Milner & Matherly [2019] FCCA 2580

    Published date: 17 Oct 2019

    FAMILY LAW – Interim hearing – parenting – parental responsibility – where there is a young child of the relationship – where child spends single overnight occasion per fortnight with non-live with parent – whether overnight time should be suspended – where overseas travel is proposed to Hague Convention nation.

  • McInnes & McInnes [2019] FCCA 2835

    Published date: 17 Oct 2019

    FAMILY LAW – Sole occupation order sought – application dismissed.

  • Dishman & Dishman (No.2) [2019] FCCA 2803

    Published date: 16 Oct 2019

    FAMILY LAW – PROPERTY – Where the husband is self-represented – conduct of proceedings – where the husband withdrew and disengaged from the proceedings – due process – property adjustment – where there is little controversy between the parties as to the evidence – where the available assets and resources and the net value of all assets is agreed between the parties or clearly established on evidence – contributions – where the wife received a significant inheritance during the marriage – homemaker contributions – primary wage-earning contributions – section 75(2) factors.

  • Dishman & Dishman [2019] FCCA 2786

    Published date: 16 Oct 2019

    FAMILY LAW – Application for recusal – where myriad complaints raised by self-represented party – where no complaint asserts prejudgement of issues – where complaints relate to conduct of wife and her legal representatives, disclosure and the husband’s perceptions – where transcripts do not support complaints – where complaints are ill-conceived – where a reasonably minded lay observer would not apprehend bias or pre-judgement – application dismissed.

  • Overbaker & Overbaker [2019] FCCA 2863

    Published date: 15 Oct 2019

    FAMILY LAW – PROPERTY – the Wife’s application for a division of the parties’ interests in property – whether moneys loaned by each party’s parents should be characterised as loans and/or gifts and whether these should be included in the pool or characterised as contributions – where there has been ongoing non-disclosure by the Husband in relation to a business operated on one of the parties’ properties – whether there should be an adjustment in the Husband’s favour because his parents sold the property upon which the business operated for $175,000 less than its sworn value – whether there should be an adjustment in the Wife’s favour in relation to section 75(2) factors – where the Husband is desperate to retain the property upon which the business is operated.

    HELD – determinations made in relation to whether various disputed loans are to be included in the pool of assets for division – determination that there should be a 5% adjustment in the Husband’s favour for contributions – 15% adjustment made in the Wife’s favour in relation to section 75(2) factors – orders made allowing the Husband an opportunity to retain the property from which the business operates.

  • Keyes & Keyes [2019] FCCA 927

    Published date: 11 Oct 2019

    FAMILY LAW – Property – Division 7A loan – conduct of the parties in relation to the loan – business – contributions – future needs – justice and equity.

  • Shively & Gann [2019] FCCA 2378

    Published date: 10 Oct 2019

    FAMILY LAW – Parenting dispute – mother alleging serious family violence by the father – father denying or minimising his violence – father seeking extended time with 6 year old child as an entitlement due to him as a father – whether father’s ongoing mental health difficulties properly treated – interim orders made as sought by the mother.

  • Medill & Gentz [2019] FCCA 2447

    Published date: 09 Oct 2019

    FAMILY LAW – Parenting dispute about 6 year old child – mother retaining concerns about father’s alleged drug use despite numerous clear tests – mother anxious over, and opposing any increases in fathers time with child – family report recommending gradual increases – very poor communication between parents – order for shared parental responsibility wholly impracticable - orders made largely as recommended by family report.

  • Segura & Perris [2019] FCCA 2556

    Published date: 08 Oct 2019

    FAMILY LAW – Parenting – interim hearing – final orders made in 2013 – substantial and significant time – parental responsibility – whether an order should be made for the children to spend substantial and significant time with each of their parents.

  • Idler & Asanti [2019] FCCA 2817

    Published date: 08 Oct 2019

    FAMILY LAW – PARENTING – the parties’ competing applications in relation to their four children – each party seeks orders for sole parental responsibility in relation to the children and that the children live with them and spend time with the other parent – whether the practical risk to the children in the Mother’s care given they have not resided with the Mother in a full-time capacity for over three years is overborne by the psychological and emotional risk to the children in the Father’s care as a result of his unremittingly negative opinion of the Mother and his view that the children would not benefit from any relationship with her – where the parties live in geographically disparate locations.

    HELD – The Mother have sole parental responsibility for the children, the children live with her and spend time with the Father on alternate weekends, during school holidays and on special occasions – further order that there be a period of time following the making of these orders that the children spend no face-to-face time with the Father.

    PROPERTY – The Mother’s application for a superannuation splitting order – the Father opposes a superannuation splitting order being made and proposes each party retain that which is in their possession – where the Father’s superannuation is the only realisable asset of value – the contributions of the Father post-separation greatly exceed that of the Mother including assuming responsibility for over $80,000 of joint debts.

    HELD – No order be made altering the parties’ property interests.

  • Hastings & March [2019] FCCA 2548

    Published date: 08 Oct 2019

    FAMILY LAW – Subpoena objection – questions of “relevance” and whether the subpoena amounts to a “fishing expedition” – two Reports already before the Court – the children have been the subject of regular and intense assessment for many years – importance of therapeutic relationship being protected between older child and counsellor – objection upheld.

  • Secco & Reid (No.2) [2019] FCCA 2594

    Published date: 07 Oct 2019

    FAMILY LAW – COSTS – Order for costs sought in parenting application – whether justifying circumstances to make an order for costs whether costs should be ordered on an indemnity basis – Court not satisfied that an order for costs on an indemnity basis should be made – Court satisfied that there are justifying circumstances for making an order for costs with respect to the trial – each party to bear his or her own costs with respect to the costs application.

  • Malburg & Whitlock [2019] FCCA 2763

    Published date: 07 Oct 2019

    FAMILY LAW – Parenting arrangements – interim or interlocutory hearing – whereby the mother has relocated from Hobart to Launceston – whereby the father has interfered in the mother’s ability to spend time and communicate with the child – relocation jurisprudence – reasons for moving – importance of child maintaining important and significant relationships – whereby past care arrangements are relevant and significant but are not determinative of the issue – child’s best interests.

  • Hubert & Stroud [2019] FCCA 2538

    Published date: 07 Oct 2019

    FAMILY LAW – De facto relationship – application for declaration under section 90RD – application for leave to file out of time under section 44 – where dispute about the date of the end of the de facto relationship – where Applicant filed within time on their evidence and out of time on Respondent’s evidence.

  • Hanes & Hanes [2019] FCCA 2650

    Published date: 07 Oct 2019

    FAMILY LAW – Children – best interests – sexual abuse allegation – physical abuse allegation – unacceptable risk – children opposed to resuming relationship with father.

  • Schultes & Schultes [2019] FCCA 2348

    Published date: 04 Oct 2019

    FAMILY LAW – Parenting – interim – who child should live with.

  • Emerson & Foster & Anor [2019] FCCA 2774

    Published date: 04 Oct 2019

    CHILD SUPPORT – Application seeking judicial review of child support decision of the Administrative Appeals Tribunal – question of law – departure order based on financial resources available to the Appellant – legal error found – appeal upheld.

  • Carson & Leary (No.2) [2019] FCCA 2660

    Published date: 04 Oct 2019

    FAMILY LAW – Parenting – parental responsibility – time with father – whether father poses a risk to the child – best interests – change of name.

  • Brenner & Brenner [2019] FCCA 2685

    Published date: 04 Oct 2019

    FAMILY LAW – Children – relationship with maternal grandmother – conflict between extended family – children’s best interests.

  • Sutton & Lasko & Ors (No.2) [2019] FCCA 2684

    Published date: 03 Oct 2019

    FAMILY LAW – Application in a Case – no prospect of success – indemnity costs.

  • Maina & Maina [2019] FCCA 2677

    Published date: 03 Oct 2019

    FAMILY LAW – Property – where purchase price of former matrimonial home provided by husband’s parents – where presumption of advancement rebutted – where provision of purchase price may have been for an illegal purpose related to the First Home Buyers Grant – where husband’s parents did not seek joinder or declaration of resulting trust – where property treated as owned by the husband and financial contribution as made by him.

  • Holcombe & Holcombe [2019] FCCA 2669

    Published date: 03 Oct 2019

    FAMILY LAW – Property settlement – marital relationship – the wife receiving about $890,000 following an injury – the husband receiving about $450,000 following a disability – two and a half year relationship – just and equitable division of combined assets.

  • Wilburn & Wilburn [2019] FCCA 2131

    Published date: 02 Oct 2019

    FAMILY LAW – Relocation – parents and children living in regional Victoria – mother wishes to move to Melbourne.

    PROPERTY – Valuation of farming property – whether the father has disposed of matrimonial property – whether the father has disclosed his obligations of full and frank disclosure – whether the Court should draw adverse inferences from the father’s purported failure to provide full and frank disclosure.

  • Mowery & Mowery [2019] FCCA 2034

    Published date: 02 Oct 2019

    FAMILY LAW – Property – valuations – contributions – addbacks – inadequate disclosure – future needs.

  • Ashjaim & Gaspar [2019] FCCA 2703

    Published date: 02 Oct 2019

    FAMILY LAW –Unusual property dispute– Applicant’s business venture which created cash flow failed – Applicant sending monies overseas – Respondent on folly of her own post-separation – Respondent files affidavit admitting to lying to the court –Respondent’s lack of disclosure , transparency and honesty with the court – Referral of papers to Australian Taxation Office and Attorney-General.