Federal Court of Australia. Today's Judgments

Federal Court of Australia

Today's published judgments

Wednesday, 8 February 2012

Judgments are in subject order and link to the full-text decision on the AustLII website.

Single | Full Court

Full Court judgments

There were no Full Court judgments published today.

Single Judge judgments

Administrative Law
Dunkerley v Administrative Appeals Tribunal [2012] FCA 41
Perram J, 3 February 2012
ADMINISTRATIVE LAW - Appeal - appeal from Administrative Appeals Tribunal - whether Tribunal failed to consider relevant considerations - whether Tribunal misconstrued departmental policy statement

Corporations Law
Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 3) [2012] FCA 43
Perram J, 3 February 2012
CORPORATIONS - Unconscionable conduct - financial services - definition of financial product - whether offer of loan a financial product where no loan settled - business purpose declarations - whether loan for business purpose - knowledge of defendants - Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB CORPORATIONS - Misleading and deceptive conduct - whether defendants mislead consumers through letters purporting to offer loan - whether defendants mislead lenders as to purpose of proposed or actual loans - Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB

Extradition ; Evidence
Konstantinou v Hellenic Republic [2012] FCA 53
Finn J, 7 February 2012
EXTRADITION - appeal from decision of a Magistrate determining that the applicant is eligible for surrender under s 19 of the Extradition Act 1988 (Cth) - whether the requirement of dual criminality satisfied - procedural fairness - whether Magistrate obliged by Extradition Act 1988 (Cth) or common law right to provide reasons for determination under s 19 EVIDENCE - joint offence whether verdicts reached in country of origin prevent alleged conduct constituting an extradition offence in South Australia under s 19(2)(c) of the Extradition Act 1988 (Cth)

Judgments & Orders ; Health
Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd [2012] FCA 42
Perram J, 3 February 2012
JUDGMENTS AND ORDERS - Civil penalty - imposition of civil penalty under the Therapeutic Goods Act 1989 (Cth) section 19D - discussion of relevant principles - agreed statement of facts HEALTH LAW - Therapeutic goods - importation and supply of goods containing non-listed and non-registered substances - imposition of civil penalty - discussion of relevant principles

Federal Court of Australia
Today's published judgments Wednesday, 8 February 2012 Judgments are in subject order and link to the full-text decision on the AustLII website. Single \| Full Court
Full Court judgments
There were no Full Court judgments published today.
Single Judge judgments
Administrative Law Dunkerley v Administrative Appeals Tribunal [2012] FCA 41 Perram J, 3 February 2012 ADMINISTRATIVE LAW - Appeal - appeal from Administrative Appeals Tribunal - whether Tribunal failed to consider relevant considerations - whether Tribunal misconstrued departmental policy statement Corporations Law Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 3) [2012] FCA 43 Perram J, 3 February 2012 CORPORATIONS - Unconscionable conduct - financial services - definition of financial product - whether offer of loan a financial product where no loan settled - business purpose declarations - whether loan for business purpose - knowledge of defendants - Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB CORPORATIONS - Misleading and deceptive conduct - whether defendants mislead consumers through letters purporting to offer loan - whether defendants mislead lenders as to purpose of proposed or actual loans - Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB Extradition ; Evidence Konstantinou v Hellenic Republic [2012] FCA 53 Finn J, 7 February 2012 EXTRADITION - appeal from decision of a Magistrate determining that the applicant is eligible for surrender under s 19 of the Extradition Act 1988 (Cth) - whether the requirement of dual criminality satisfied - procedural fairness - whether Magistrate obliged by Extradition Act 1988 (Cth) or common law right to provide reasons for determination under s 19 EVIDENCE - joint offence whether verdicts reached in country of origin prevent alleged conduct constituting an extradition offence in South Australia under s 19(2)(c) of the Extradition Act 1988 (Cth) Judgments & Orders ; Health Secretary, Department of Health and Ageing v Export Corporation (Australia) Pty Ltd [2012] FCA 42 Perram J, 3 February 2012 JUDGMENTS AND ORDERS - Civil penalty - imposition of civil penalty under the Therapeutic Goods Act 1989 (Cth) section 19D - discussion of relevant principles - agreed statement of facts HEALTH LAW - Therapeutic goods - importation and supply of goods containing non-listed and non-registered substances - imposition of civil penalty - discussion of relevant principles