Bankruptcy
Pearce (Trustee) v Mulhern (Bankrupt) (No 4) [2012] FCA 54
Jagot J, 2 February 2012
BANKRUPTCY - application for return of passport - whether just and equitable to do so - where respondent bankrupt had complied with obligations under the Bankruptcy Act 1966 (Cth)
Extradition ; Administrative Law
Barney v United Kingdom [2012] FCA 51
Robertson J, 3 February 2012
EXTRADITION - bail - magistrate's refusal to remand applicant on bail ; ADMINISTRATIVE LAW – Judicial review of decision of magistrate – whether magistrate erred in law in concluding that “special circumstances” under s 15(6) of the Extradition Act 1988 (Cth) not made out
Industrial Law
Cozadinos v Construction, Forestry, Mining and Energy Union [2012] FCA 46
Gray J, 6 February 2012
INDUSTRIAL LAW - building and construction industry - threat with intent to coerce or apply undue pressure - whether threat made - whether intent should be inferred in absence of cross-examination on intent INDUSTRIAL LAW - building and construction industry - discrimination - whether alleged discriminatory statements made - whether discrimination to make a statement that can have no effect
Industrial Law
Construction Forestry Mining and Energy Union v Jeld-Wen Glass Australia Pty Ltd [2012] FCA 45
Gray J, 6 February 2012
INDUSTRIAL LAW - National Employment Standards - prohibition on cashing out paid personal/carer's leave otherwise than in accordance with provisions of modern award or enterprise agreement meeting specified standards - continued operation of statutory individual agreement - provision for payment of additional sum each week - entitlement to sick leave but no entitlement to be paid for any such leave actually taken - whether individual agreement provided for cashing out of paid personal/carer's leave - whether contravention of specified standards - whether contravention of individual agreement - whether declaration should be made - employer abandoned position and indicated intention to comply with standards
Native Title
Taylor v Fortescue Metals Group Ltd [2012] FCA 52
Siopis J, 6 February 2012
NATIVE TITLE - future act - right to negotiate - native title party objected to negotiation party using a former employee of a representative body as a solicitor during the course of negotiations - native title party contended that solicitor disqualified on common law grounds from acting for negotiation party - negotiation party took advice of independent counsel in respect of native title party's objection - counsel advised that solicitor was not disqualified - whether negotiation party did not negotiate in good faith by continuing to use solicitor - whether notice of appeal under s 169(1) of the Native Title Act 1993 (Cth) disclosed a question of law.
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