Special Leave Applications to the High Court - 2020 Judgments
22 Dec 2020
: ELA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 230
Besanko, Flick and Perry JJ
(
283 FCR 371
)
MIGRATION - protection visa applicants ADMINISTRATIVE LAW - disclosure of information in reasons for decision of primary Judge - whether disclosure of unnecessary information without inviting submissions from party affected constitutes a denial of procedural fairness - where information once disclosed may found a claim for protection PRACTICE AND PROCEDURE - the re-listing of applications once dismissed - the making of supplemental orders - jurisdiction of the Court to make…
Status of Appeal to High Court -
10 September 2021: HCA - Special leave application refused with costs [2021] HCATrans 149
17 Dec 2020
: Qantas Airways Limited v Flight Attendants' Association of Australia [2020] FCAFC 227
Jagot, Bromberg and Wheelahan JJ
(
303 IR 361 ; 282 FCR 243
)
STATUTORY INTERPRETATION - appeal - Commonwealth JobKeeper Scheme - meaning of "the amounts payable to the employee in relation to the performance of work during the fortnight" - extrinsic material - consideration of note to section - text, context and purpose - appeal
Status of Appeal to High Court -
25 June 2021: HCA - Special leave application dismissed with costs [2021] HCATrans 116
11 Dec 2020
: YKSB v Minister for Home Affairs [2020] FCAFC 224
Reeves, Bromwich and Anderson JJ
MIGRATION - appeal from a decision of the Federal Court of Australia dismissing the appellant's application for judicial review - where the Administrative Appeals Tribunal had affirmed a decision of a delegate of the Minister not to revoke the mandatory cancellation of the appellant's visa on character grounds under Migration Act 1958 (Cth) s 501CA(4) - whether the primary judge erred in finding that the Tribunal gave active intellectual consideration to the submission that…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed [2021] HCASL 76
10 Dec 2020
: BVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 222
Allsop CJ, Moshinsky and O'Callaghan JJ
(
385 ALR 286 ; 283 FCR 97
)
MIGRATION - appeal from Federal Circuit Court of Australia - protection visa - complementary protection criterion - whether the complementary protection provisions are capable of application where a visa applicant claims he or she will suffer psychological harm if returned to his or her home country on the basis of a past act in the home country ADMINISTRATIVE LAW - nature of a court order that a matter be remitted to the Administrative Appeals Tribunal "for determination…
Status of Appeal to High Court -
13 August 2021: HCA - Special leave application refused with costs [2021] HCATrans 131
4 Dec 2020
: Fuge v Commonwealth Bank of Australia [2020] FCAFC 217
Gleeson, Anastassiou and Jackson JJ
PRACTICE AND PROCEDURE - whether primary judge erred in making orders pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) to identify issues for determination at trial - primary judge had power to make order - ground of appeal fails DISCOVERY - allegation that primary judge erred in failing to find inadequate discovery - ground of appeal fails BANKING AND FINANCIAL INSTITUTIONS - whether primary judge erred in construing and applying the Code of Banking…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed with costs [2021] HCASL 85
2 Dec 2020
: MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215
Jagot, Kerr and Anastassiou JJ
(
282 FCR 285
)
MIGRATION - appeal - where leave sought to rely on further amended notice of appeal - where leave sought to adduce further evidence - leave granted - whether Tribunal failed to comply with Ministerial Direction - whether Tribunal failed to engage in an active intellectual process with respect to representations made by the appellant about fear of harm - whether Tribunal denied procedural fairness - failure to direct appellant's mind to issue of whether he had a subjective…
Status of Appeal to High Court -
13 August 2021: HCA - Special leave application refused with costs [2021] HCATrans 130
2 Dec 2020
: FDQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1735
White J
MIGRATION - appeal from a decision of the Federal Circuit Court - appellant refused the grant of a Safe Haven Enterprise Visa - whether Immigration Assessment Authority (IAA) decision affected by jurisdictional error because it did not consider separately the appellant's claims of apostasy and conversion to Christianity - whether IAA had failed to consider evidence concerning the appellant's Facebook profile - whether IAA had erred in the assessment of the medical treatment…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed with costs [2021] HCASL 86
27 Nov 2020
: CPJ16 v Minister for Home Affairs [2020] FCAFC 212
Jagot, Griffiths and Sarah C Derrington JJ
MIGRATION - appeal from dismissal of judicial review application in respect of decision by the Minister to refuse the appellant's protection visa under s 501A(3) of the Migration Act 1958 (Cth) (Act) - whether the primary judge erred in rejecting the appellant's claim that the Minister was precluded from relying on s 501A(3) of the Act as a result of Australia's international non-refoulement obligations - whether the primary judge erred in rejecting the appellant's claim…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave application dismissed [2021] HCASL 149
27 Nov 2020
: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCAFC 205
Rares, Bromberg and Colvin JJ
(
302 IR 190 ; 282 FCR 130
)
INDUSTRIAL LAW - statutory construction - employees stood down under s 524(1) of the Fair Work Act 2009 (Cth) and under enterprise agreement because of stoppage of work for which employer could not reasonably be held responsible - exigencies of the COVID-19 pandemic - paid personal/carer's leave or compassionate leave under ss 96 or 106 of the Act - whether employee not taken to be stood down under ss 524(3) and 525 if taking personal/carer's or compassionate leave during…
Status of Appeal to High Court -
21 May 2021: HCA - Special leave application refused with costs [2021] HCATrans 100
24 Nov 2020
: Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bruce Highway Caloundra to Sunshine Upgrade Case) [2020] FCAFC 203
Reeves, Charlesworth and O'Callaghan JJ
(
302 IR 106 ; 281 FCR 365
)
INDUSTRIAL LAW - right of entry - entry by union officials under s 81(3) of the Work Health and Safety Act 2011 (Qld) - whether exercise of "State or Territory OHS right" within meaning of s 494 of the Fair Work Act 2009 (Cth) - Australian Building and Construction Commissioner v Powell (2017) 251 FCR 470 applied INDUSTRIAL LAW - accessorial liability for contraventions of ss 494(1), 497 and 500 of the Fair Work Act 2009 (Cth) - conduct and state of mind of officials imputed …
Status of Appeal to High Court -
8 April 2021: HCA - Special leave application dismissed with costs [2021] HCASL 60
23 Nov 2020
: BJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1683
Wigney J
MIGRATION - where appellants refused protection visas - where appellants unsuccessfully challenged decision in the Immigration Assessment Authority ('IAA') - where IAA relied on secondary source to determine Sri Lankan citizenship law - whether IAA's finding was a finding of fact or law - whether IAA's erroneous finding was a jurisdictional error - whether IAA should have exercised its discretion to get new information regarding Sri Lankan citizenship law - appeal dismissed
Status of Appeal to High Court -
8 April 2021: HCA - Special leave application dismissed [2021] HCASL 54
20 Nov 2020
: Melbourne City Council v Telstra Corporation Limited [2020] FCAFC 200
Gleeson, Charlesworth, O'Bryan JJ
(
149 ACSR 260 ; 281 FCR 379
)
COMMUNICATIONS LAW - whether New Payphone Cabinets are "low-impact facilities" within the meaning of clause 6 of Sch 3 to the Telecommunications Act 1997 (Cth) exempt from planning laws - where Telstra sought planning approval to display commercial advertising on New Payphone Cabinets - where New Payphone Cabinets to be installed only after planning approval to display commercial advertising obtained - whether primary judge erred in concluding that the New Payphone Cabinets…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed with costs [2021] HCASL 82
19 Nov 2020
: Kaur v Minister for Immigration and Border Protection [2020] FCA 1677
Davies J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal - Tribunal review conducted under pt 5 of the Migration Act 1958 (Cth) (the Act) - whether Tribunal had power to take evidence from appellants in circumstances where appellants failed to respond to invitation under s 359A of the Act - operation of ss 359C, 360(3) and 363A of the Act - appeal dismissed with costs
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed with costs [2021] HCASL 81
17 Nov 2020
: Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1725
White J
PRACTICE AND PROCEDURE - jurisdiction of the Court under s 24 of the Federal Court of Australia Act 1976 (Cth) - objection to the competency of the appeal - the Court's jurisdiction to determine an appeal against a judgment delivered in its appellate jurisdiction - appeal dismissed.
Status of Appeal to High Court -
17 June 2021: HCA - Special leave application dismissed [2021] HCASL 106
16 Nov 2020
: ASD17 v Minister for Immigration and Border Protection [2020] FCA 1653
Perram J
MIGRATION - appeal from Federal Circuit Court dismissal of judicial review application of Immigration Assessment Authority ('Authority') decision under Migration Act 1958 (Cth) Pt 7AA - where Appellant provided letter in support that was inconsistent with own account - where Appellant's account rejected by Authority - whether illogical to reject credibility of letter based on inconsistency with rejected evidence MIGRATION - where Authority relied on failure by Appellant to…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed [2021] HCASL 78
10 Nov 2020
: Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192
Allsop CJ, Flick and White JJ
(
384 ALR 668 ; 300 IR 383 ; 282 FCR 1
)
INDUSTRIAL LAW - where head contractor failed to comply with request of industrial association to provide additional amenities - whether head contractor "engaged in industrial activity" within the meaning of s 347(b)(iv) of the Fair Work Act 2009 (Cth) - whether s 347(b)(iv) extends to lawful requests or directions of an industrial association which are unrelated to matters concerning freedom of association - whether industrial activity confined to rights of participation -…
Status of Appeal to High Court -
25 June 2021: HCA - Special leave application dismissed with costs [2021] HCATrans 115
9 Nov 2020
: BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189
Murphy, O'Callaghan and Snaden JJ
(
281 FCR 594
)
MIGRATION - appeal from a decision of the Federal Circuit Court which dismissed an application for judicial review of a decision by the Immigration Assessment Authority (IAA) - whether the primary judge erred by failing to find that the IAA engaged in irrational or illogical reasoning in making its findings as to the credibility or probity of the appellant's evidence - whether the primary judge erred by failing to find that the IAA failed to apply the appropriate predictive…
Status of Appeal to High Court -
20 May 2021: HCA - Application dismissed [2021] HCASL 97
6 Nov 2020
: ACN 154 520 199 Pty Ltd (in liquidation) v Commissioner of Taxation [2020] FCAFC 190
Perram, Moshinsky and Thawley JJ
(
172 ALD 227 ; 282 FCR 455
)
TAXATION - goods and services tax - precious metal - creditable acquisitions - creditable purpose - whether the taxpayer's supply of gold to dealers was GST-free or input taxed - where the taxpayer acquired gold that was already of 99.99% fineness, but not in investment form, and therefore not "precious metal" as defined - where the taxpayer processed and sold the gold to dealers in "precious metal" form - whether the taxpayer's supply of gold to dealers was the "first…
Status of Appeal to High Court -
8 April 2021: HCA - Special leave application dismisses with costs [2021] HCASL 64
6 Nov 2020
: Commissioner of Taxation v Glencore Investment Pty Ltd [2020] FCAFC 187
Middleton, Steward and Thawley JJ
(
384 ALR 252 ; 281 FCR 219
)
TAXATION - transfer pricing - appeal from judgment of Federal Court of Australia setting aside objection decisions in respect of amended assessments issued for years of income ended 31 December 2007 to 2009 - where Australian resident subsidiary of taxpayer sold copper concentrate to its ultimate Swiss resident parent in 2007 to 2009 years pursuant to amended terms agreed in February 2007 - where Commissioner issued amended assessments to taxpayer for 2007 to 2009 years…
Status of Appeal to High Court -
21 May 2021: HCA - Special leave application refused with costs [2021] HCATrans 98
3 Nov 2020
: Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCAFC 183
Middleton, Moshinsky and Lee JJ
(
384 ALR 650 ; 281 FCR 501
)
REPRESENTATIVE PROCEEDINGS - question reserved under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether Court has power pursuant to ss 33V, 33Z or 33ZF of Act or otherwise to make a "common fund order" upon the conclusion of the proceeding - where declaration sought by first respondent that Court has no such power - whether making of "common fund order" on settlement or judgment precluded by principled application of BMW Australia Ltd v Brewster [2019] HCA…
Status of Appeal to High Court -
25 June 2021: HCA - Special leave application dismissed with costs [2021] HCATrans 113
29 Oct 2020
: EDQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1566
O'Callaghan J
MIGRATION - appeal from Federal Circuit Court - where primary judge dismissed application for judicial review of decision of Immigration Assessment Authority - whether Authority acted unreasonably or misapplied s 473DC or s 473DD of the Migration Act 1958 (Cth) by refusing to consider new claims made by appellant or to seek further information about them
Status of Appeal to High Court -
11 March 2021: HCA - Special leave application dismissed [2021] HCASL 44
29 Oct 2020
: Findex Group Limited v McKay [2020] FCAFC 182
Markovic, Banks-smith and Anderson JJ
PRACTICE AND PROCEDURE - whether the appellants sought to advance submissions not advanced below and which depart from the manner in which the case was run before the primary judge - arguments now put by the appellants on appeal raise matters not developed to same extent below - no objection to appeal in respondent's written submissions - no prejudice to first respondent if appellants permitted to advance arguments on appeal - appeal arguments concern questions of law and…
Status of Appeal to High Court -
8 April 2021: HCA - Special leave application dismissed with costs [2021] HCASL 63
28 Oct 2020
: Attorney-General (Cth) v Ogawa [2020] FCAFC 180
Allsop CJ, Flick and Griffiths JJ
(
384 ALR 474 ; 281 FCR 1
)
ADMINISTRATIVE LAW - judicial review of executive power under s 61 of the Constitution - whether advice tendered by Attorney-General to Governor-General regarding petition for mercy is amenable to judicial review - whether Attorney-General's power to refer a matter pursuant to s 672A of the Criminal Code 1899 (Qld) is amenable to judicial review
Status of Appeal to High Court -
21 May 2021: HCA - Special leave application refused [2021] HCA 97
22 Oct 2020
: FOH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1525
Jackson J
PRACTICE AND PROCEDURE - interlocutory application for adjournment of hearing of appeal- appellant claimed to need more time to obtain legal representation - adjournment unlikely to result in any useful outcome - interlocutory application dismissed MIGRATION - appeal from decision of the Federal Circuit Court of Australia - primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal - Tribunal had affirmed decision of a…
Status of Appeal to High Court -
12 August 2021: HCA - Special leave to appeal dismissed [2020] HCASL 146
16 Oct 2020
: NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176
Perram, Derrington and Stewart JJ
MIGRATION - application for revocation of cancellation decision - applicant's visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) - delegate of Minister refused to revoke cancellation decision under s 501CA - Administrative Appeals Tribunal affirmed delegate's decision - applicant alleged unspecified errors in AAT's decision - applicant alleged documents before AAT were fraudulent or falsified - applicant alleged he was denied procedural fairness by reason…
Status of Appeal to High Court -
11 November 2021: HCA - Special leave application dismissed [2021] HCASL 218
16 Oct 2020
: Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177
Allsop CJ, Besanko, White, Wigney and Bromwich JJ
(
384 ALR 75 ; 299 IR 404 ; 282 FCR 580
)
INDUSTRIAL LAW - civil penalties - agreed contraventions - false or misleading statement about an obligation to engage in "industrial activity" - determination of appropriate penalty - principles relating to imposition of pecuniary penalties - whether principle of proportionality, drawn from criminal law, is applicable - discussion of principle of proportionality as applied in criminal law - whether history of contravening should inform the court's assessment of an…
Status of Appeal to High Court -
20 May 2021: HCA - Special leave application granted on limited grounds [2021] HCATrans 90
15 Oct 2020
: AGE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1486
Gleeson J
MIGRATION - appeal from the Federal Circuit Court of Australia - whether IAA erred by failing to apply Migration Act 1958 (Cth) s 473DD - appeal dismissed
Status of Appeal to High Court -
5 August 2021: HCA - Special leave application dismissed with costs [2021] HCASL 135
9 Oct 2020
: Commissioner of Taxation v Healius Ltd [2020] FCAFC 173
Jagot, Moshinsky and Colvin JJ
(
384 ALR 408 ; 281 FCR 57
)
TAXATION - appeals from decision dismissing appellant's applications to appeal from objection decisions by Commissioner of Taxation - where lump sum amounts paid to medical practitioners under arrangements to conduct practice from respondent's medical centres - whether primary judge erred in finding lump sum amounts made on revenue account for income tax purposes - whether primary judge erred by adopting narrow conception of nature of business - whether lump sum amounts paid …
Status of Appeal to High Court -
4 March 2021: HCA - Special leave application dismissed with costs [2021] HCASL 41 8 April 2021: HCA - Application dismissed [2021] HCASL 66
8 Oct 2020
: CKG17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1443
Yates J
MIGRATION - appeal from Federal Circuit Court - application for judicial review of Immigration Assessment Authority (IAA) decision - where IAA affirmed decision not to grant the appellant a Safe Haven Enterprise Visa - whether IAA failed to consider claim by appellant to be at risk as a family member of a victim of enforced disappearance by authorities or paramilitaries PRACTICE AND PROCEDURE - whether leave should be granted to raise on appeal a ground of review not raised…
Status of Appeal to High Court -
4 February 2021: HCA - Special leave application dismissed [2021] HCASL 5
7 Oct 2020
: VB Leaseco Pty Ltd (administrators appointed) v Wells Fargo Trust Company, National Association (trustee) [2020] FCAFC 168
McKerracher, O'Callaghan and Colvin JJ
(
384 ALR 378 ; 279 FCR 518
)
AVIATION - International Interests in Mobile Equipment (Cape Town Convention) Act 2013 (Cth) - Convention on International Interests in Mobile Equipment - Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment - Vienna Convention on the Law of Treaties Arts 31, 32 AVIATION - construction of Art XI of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft…
Status of Appeal to High Court -
12 April 2021: HCA - Special leave application granted [2021] HCATrans 63
30 Sep 2020
: Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163
Perry, Stewart and Jackson JJ
(
280 FCR 397
)
ADMINISTRATIVE LAW - statutory construction - decisions of Australian Community Pharmacy Authority to recommend to approve, and of Secretary to approve, application to supply pharmaceutical benefits under s 90 of National Health Act 1953 (Cth) - whether primary judge erred in adopting narrow construction of "for at least 70 hours each week" for purposes of definition of "large medical centre" in s 5(1) of National Health (Australian Community Pharmacy Authority Rules)…
Status of Appeal to High Court -
8 April 2021: HCA - Special leave application dismissed with costs [2021] HCASL 62
28 Sep 2020
: AJE18 v Minister for Home Affairs [2020] FCA 1387
Anastassiou J
MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa application based on Tamil ethnicity and chronic post-traumatic stress disorder - whether Immigration Assessment Authority failed to engage in active intellectual process - whether Authority failed to consider new information pursuant to s 473DC - whether Authority failed to reach prescribed state of satisfaction in s 473DD - appeal dismissed
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed [2021] HCASL 77
25 Sep 2020
: Daley v Child Support Registrar [2020] FCAFC 161
Flick, Perry and Markovic JJ
ADMINISTRATIVE LAW - appeal from orders refusing an extension of time within which to bring a review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and refusing relief under s 39B of the Judiciary Act 1903 (Cth) - no error in the primary judge's exercise of discretion - appeal dismissed
Status of Appeal to High Court -
4 February 2021: HCA - Special leave application dismissed [2021] HCASL 3
23 Sep 2020
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159
Besanko, Mortimer and Jackson JJ
(
171 ALD 477 ; 294 FCR 150
)
MIGRATION -- appeal from an order made by the Federal Circuit Court of Australia quashing a decision of the Immigration Assessment Authority -- where the Authority affirmed a decision of the delegate of the Minister to refuse the first respondent's application for a Safe Haven Enterprise visa -- consideration of new information pursuant to s 473DD of the Migration Act 1958 (Cth) -- requirement that new information be capable of being believed -- new information will only…
Status of Appeal to High Court -
11 March 2021: HCA - Special leave application dismissed with costs [2021] HCASL 51
21 Sep 2020
: DOF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1385
Lee J
MIGRATION - cricket not the delight of everyone - Sri Lankan national - application for Safe Haven Enterprise Visa - adverse credibility finding based on inconsistency in evidence concerning incident at a cricket ground - whether merely elaboration and expansion on earlier evidence - other evidence generally accepted by Authority - whether adverse credibility finding legally unreasonable - rational and intelligible reasons provided - identification of inconsistency not…
Status of Appeal to High Court -
11 February 2021: HCA - Spcial leave application dismissed [2021] HCASL 19
15 Sep 2020
: DRY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1465
Logan J
MIGRATION - where appellant was issued a notice of intention to consider cancelling visa - where delegate decided to cancel visa on the basis of falsehoods -whether error in Administrative Appeals Tribunal (Tribunal) failing to obtain and/or consider an Independent Protection Assessment (IPA) or the IPA record of interview - whether Tribunal's decision was invalid because the Secretary failed to provide documents to the Tribunal in accordance with s 418(3) of the Migration…
Status of Appeal to High Court -
18 February 2022: HCA - Special leave application refused with costs [2022] HCATrans 15
11 Sep 2020
: Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152
Rares, Collier and Charlesworth JJ
(
300 IR 146 ; 279 FCR 591
)
INDUSTRIAL LAW - application for judicial review of decision of the Fair Work Commission constituted by a Full Bench - Full Bench allowing an appeal from a decision refusing an extension of time to commence an application under s 365 of the Fair Work Act 2009 (Cth) - Full Bench concluding that the Fair Work Commission had no power to determine whether an applicant under s 365 of the Act had been dismissed in fact - Full Bench concluding that the date of dismissal must be…
Status of Appeal to High Court -
4 March 2021: HCA - Special leave application dismissed [2021] HCASL 37
10 Sep 2020
: Carter v Commissioner of Taxation [2020] FCAFC 150
Jagot, Davies and Thawley JJ
(
279 FCR 83
)
TAXATION - application for an extension of time to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision on a review under s 14ZZK of the Taxation Administration Act 1953 (Cth) - purported distribution of trust income - whether Tribunal erred in holding there was no resolution distributing trust income - where consent of Guardian required for distribution - where Guardian did not know of her appointment as Guardian - held no distribution of…
Status of Appeal to High Court -
16 April 2021: HCA - Special leave application granted [2021] HCATrans 72
7 Sep 2020
: AUW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1280
Anastassiou J
MIGRATION - appeal from Federal Circuit Court - whether Administrative Appeals Tribunal erred - no error - appeal dismissed
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination dismissed [2020] HCASL 254
4 Sep 2020
: Zeqaj v Deputy Commissioner of Taxation [2020] FCA 1270
Steward J
BANKRUPTCY - appeal from judgment of the Federal Circuit Court making a sequestration order against the appellant pursuant to s. 43 of the Bankruptcy Act 1966 (Cth.) - where sequestration order based on default judgment debt that was unsuccessfully sought to be set aside by the appellant in proceedings in the Supreme Court of Victoria - where judgment debt based on amended assessments already objected to by the appellant and upheld by the Administrative Appeals Tribunal -…
Status of Appeal to High Court -
10 February 2021: HCA - Special leave application dismissed [2021] HCASL 9
3 Sep 2020
: Tandukar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1267
Derrington J
MIGRATION - student visa - whether applicant is a genuine applicant for entry and stay as a student - considerations - whether matters raised in Direction No 53 are mandatory considerations - whether applicant was a genuine student - whether AAT required to consider matter in respect of which no evidence was called - appeal dismissed
Status of Appeal to High Court -
10 December 2020: HCA - Special leave application dismissed [2020] HCASL 263
26 Aug 2020
: Matthews v Minister for Home Affairs [2020] FCAFC 146
Middleton, Perry and O'Bryan JJ
MIGRATION - appeal from application for judicial review of Administrative Appeals Tribunal decision not to revoke mandatory cancellation under s 501CA(4), Migration Act, of appellant's visa - whether Tribunal failed to engage in an active intellectual manner with evidence as to the strength, nature and duration of the appellant's ties with Australia for the purposes of Ministerial Direction No. 65 - whether Tribunal failed to consider letters from family members as to the…
Status of Appeal to High Court -
25 Februrary 2021: HCA - Special leave application dismissed with costs [2021] HCASL 31
24 Aug 2020
: Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144
Besanko, Kerr and Charlesworth JJ
MIGRATION - appeal from judgment dismissing an application for judicial review of a migration decision made under the Migration Act 1958 (Cth) - Minister refusing to revoke a decision to cancel the appellant's visa on character grounds - whether Minister committed jurisdictional error in the exercise of the power conferred by s 501CA(4) of the Act - where Minister made findings of fact concerning the impediments the appellant would face if removed from Australia and…
Status of Appeal to High Court -
12 March 2021: HCA - Special leave application granted on conditions [2021] HCATrans 46
24 Aug 2020
: Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145
Allsop CJ, Beach and Colvin JJ
(
382 ALR 331 ; 280 FCR 194
)
COMPETITION - applications for review of decision of the Australian Competition Tribunal (Tribunal) reviewing decision of the Australian Competition and Consumer Commission (ACCC) - where ACCC made an arbitration determination pursuant to s 44S of Competition and Consumer Act 2010 (Cth) (CCA) - where Tribunal conducted a "re-arbitration" pursuant to s 44ZP of the CCA - where declared service is the right to access and use monopoly infrastructure assets at Port of Newcastle - …
Status of Appeal to High Court -
12 March 2021: HCA - Special leave application granted [2021] HCATrans 42
17 Aug 2020
: Commissioner of Taxation v Fortunatow [2020] FCAFC 139
McKerracher, Davies and Thawley JJ
TAXATION - personal services income provisions in the Income Tax Assessment Act 1997 (Cth) - personal services business tests - unrelated clients test - relationship between ss 87-20(1)(b) and 87-20(2) - proper construction of s 87-20(1)(b) - meaning of "as a direct result" - whether appeal competent - appeal allowed with costs
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application dismissed with costs [2021] HCASL 28
17 Aug 2020
: Huang v Deputy Commissioner of Taxation [2020] FCAFC 141
Besanko, Thawley and Stewart JJ
(
280 FCR 160
)
PRACTICE AND PROCEDURE -- application for leave to appeal from certain orders in a freezing order -- where freezing order made in relation to assets in Australia and overseas -- where applicant has substantial assets in Hong Kong and China -- whether judgments of courts in Australia enforceable in Hong Kong and China -- test to be applied to determine whether judgments of courts in Australia enforceable in Hong Kong and China -- realistic possibility of enforcement -- where…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application granted [2021] HCATrans 21
13 Aug 2020
: Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters [2020] FCAFC 137
Besanko, McKerracher and Colvin JJ
(
381 ALR 648
)
INSURANCE - appeal from decision of Federal Court determining separate question - where primary judge found appellant not entitled to indemnity - where helicopter damaged in transit - where damage caused by insufficiency or unsuitability in packing - whether primary judge erred in failing to find that insurance coverage was for whole of transit and period of Static Cover extension - consideration of construction of contract of insurance - appeal allowed
Status of Appeal to High Court -
12 April 2021: HCA - Special leave application refused with costs [2021] HCATrans 64
11 Aug 2020
: DSL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1141
Lee J
MIGRATION - application for temporary protection visa - appellant claiming fear of harm in Malaysia based on his Chinese ethnicity - adverse credibility findings - ample opportunity to supplement facts in application - no bias - Tribunal reasoning did not lack an evident and intelligible justification - appeal dismissed
Status of Appeal to High Court -
2 September 2021: HCA - Special leave application dismissed [2021] HCASL 162
6 Aug 2020
: Clarence City Council v Commonwealth of Australia [2020] FCAFC 134
Jagot, Kerr and Anderson JJ
(
382 ALR 273 ; 280 FCR 265
)
HIGH COURT AND FEDERAL COURT - jurisdiction of the Federal Court - power to award declaratory relief - nature of a declaratory judgment - standing to seek declaratory relief - discretion to award declaratory relief - municipal councils seek declaration in respect of the interpretation and application of leases to which they are not a party - leases between Commonwealth and corporate lessees of airports - contractual mechanism for payment of rates, land tax and other taxes by …
Status of Appeal to High Court -
12 February 2021: HCA - Special leave application granted [2021] HCATrans 26
6 Aug 2020
: Commissioner of Taxation v Addy [2020] FCAFC 135
Davies, Derrington, Steward JJ
(
382 ALR 68 ; 171 ALD 144 ; 280 FCR 46
)
TAXATION - Australia and United Kingdom double taxation treaty Art 25 - non-discrimination clause - working holiday makers - where respondent a citizen of United Kingdom and holder of a working holiday visa - where respondent taxed at working holiday maker rate in Pt III of Sch 7 of the Income Tax Rates Act 1986 (Cth) on income earned in Australia - whether working holiday maker rate infringes Art 25 of Australia and United Kingdom double taxation treaty - construction of…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application granted [2021] HCATrans 17
4 Aug 2020
: Shaw v The Official Trustee in Bankruptcy Vic 1697/14/1 of Australian Financial Security Authority [2020] FCAFC 142
O'Callaghan, Anastassiou and Anderson JJ
BANKRUPTCY AND INSOLVENCY - appeal from decision of primary judge confirming trustee's decision to admit a proof of debt under s 104 of the Bankruptcy Act 1966 (Cth) - no appellable error disclosed in primary judge's reasons or manner in which hearing was conducted PRACTICE AND PROCEDURE - application for leave to appeal primary judge's decision to dismiss interlocutory application for order restraining respondent's solicitors from acting - decision not attended by…
Status of Appeal to High Court -
10 December 2020: HCA - Application for determination dismissed [2020] HCASL 142
4 Aug 2020
: Sandoz Pty Ltd v H. Lundbeck A/S [2020] FCAFC 133
Nicholas, Yates and Beach JJ
(
153 IPR 380 ; 384 ALR 35
)
CONTRACTS - proper construction of settlement agreement compromising patent proceedings - effect of clause granting appellant licence to exploit patent prior to its expiry - where clause specified possible commencement dates but no end date - whether licence continued to apply in relation to acts occurring after expiry of term of the patent and before the term was subsequently extended - consideration of surrounding circumstances known to the three parties to settlement…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application granted [2021] HCATrans 13
31 Jul 2020
: James Cook University v Ridd (No 2) [2020] FCAFC 132
Griffiths, Rangiah and Sarah C Derrington JJ
Status of Appeal to High Court -
11 Februrary 2021: HCA - Special leave application granted [2021] HCATrans 15
24 Jul 2020
: PQSM v Minister for Home Affairs [2020] FCAFC 125
Mortimer, Banks-smith and Jackson JJ
(
382 ALR 195 ; 279 FCR 175
)
MIGRATION - appeal from a decision of the Federal Court of Australia - where appellant's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) - where appellant committed numerous criminal offences - where delegate of Minister made decision not to revoke cancellation of visa under s 501CA(4) - where Tribunal affirmed delegate's decision not to revoke cancellation - where primary judge dismissed application for review - where primary judge held that Tribunal…
Status of Appeal to High Court -
12 February 2021: HCA - Special leave application refused with costs [2021] HCATrans 31
22 Jul 2020
: James Cook University v Ridd [2020] FCAFC 123
Griffiths, Rangiah and Sarah C Derrington JJ
(
382 ALR 8 ; 298 IR 50
)
INDUSTRIAL LAW - interpretation of Enterprise Agreement - whether Code of Conduct incorporated - whether disciplinary action taken for breaches of Code of Conduct contravened Enterprise Agreement - meaning and effect of cl 14 of Enterprise Agreement relating to Intellectual Freedom - relationship between cl 14 and Code of Conduct INDUSTRIAL LAW - interpretation of Enterprise Agreement - extent of obligations of confidentiality on parties involved in disciplinary processes -…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application granted [2021] HCATrans 15
17 Jul 2020
: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2020] FCAFC 122
Allsop CJ, Jagot and Lee JJ
(
381 ALR 457 ; 297 IR 269 ; 279 FCR 631
)
INDUSTRIAL LAW - employee-independent contractor dichotomy - too deeply rooted to be pulled out - labour hire agency - "Odco" style arrangement - multi-factorial approach to characterisation - an intuitive exercise - evaluative assessment - need make an informed, considered qualitative appreciation of the whole - not a checklist exercise - proper role of contract - tensions in the application of the multi-factorial approach to new and novel labour arrangements - application…
Status of Appeal to High Court -
12 February 2021: HCA - Special leave application granted [2021] HCATrans 30
16 Jul 2020
: FEY17 v Minister for Home Affairs [2020] FCA 1014
Greenwood J
MIGRATION - consideration of an application for leave to rely on additional grounds of appeal - consideration of the existing grounds and the grounds sought to be relied upon with leave - consideration of whether the primary Judge erred by failing to find jurisdictional error on the part of the Immigration Assessment Authority
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed [2021] HCASL 68
16 Jul 2020
: Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118
Perram, Wigney and Anderson JJ
(
297 IR 183
)
INDUSTRIAL LAW - whether Respondent an employee for purpose of annual leave under the Fair Work Act 2009 (Cth) - assessment of totality of relationship - where Appellant purchased dental practice from Respondent - where Respondent continues to provide services - whether trial judge gave undue weight to various factors including control, subjective intent, terms of services agreement and taxation arrangements - whether trial judge misunderstood changes to Respondent's role…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application refused with costs [2021] HCATrans 16
16 Jul 2020
: Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119
Perram, Wigney and Anderson JJ
(
279 FCR 114, 297 IR 210
)
INDUSTRIAL LAW - whether two truck drivers were employees for the purposes of the Fair Work Act 2009 (Cth) (FW Act) and the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether drivers were workers for the purposes of the Long Service Leave Act 1955 (NSW) (LSL Act) - assessment of the totality of working relationship - consideration of multi-factor test - drivers derived sole income working for same business for nearly 40 years - drivers were required …
Status of Appeal to High Court -
12 February 2021: HCA - Special leave application granted on limited grounds [2021] HCATrans 27
15 Jul 2020
: DVO18 v Minister for Home Affairs [2020] FCA 989
O'Bryan J
MIGRATION - appeal from Federal Circuit Court of Australia - whether decision of the Immigration Assessment Authority was affected by illogicality, irrationality, unreasonableness by reason of contradictory findings - appeal dismissed
Status of Appeal to High Court -
10 December 2020: HCA - Special leave application dismissed with costs [2020] HCASL 268
3 Jul 2020
: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116
Middleton, Jagot, Yates, Beach and Moshinsky JJ
(
380 ALR 582 ; 153 IPR 199 ; 279 FCR 354
)
PATENTS - infringement - Swiss type claims - whether mental element imported into claims - whether it is necessary to establish manufacturer's intention to prove infringement - discussion of correct approach to determining infringement PATENTS - validity - lack of novelty - prior publication of documents - correct test for determining lack of novelty - whether there can be anticipatory disclosure by prior publication of the invention based on a reasoned hypothesis PATENTS -…
Status of Appeal to High Court -
5 November 2020: HCA - Special leave application dismissed with costs [2020] HCASL 234
1 Jul 2020
: Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113
Rares, Collier and Rangiah JJ
(
297 IR 397 ; 279 FCR 249
)
INDUSTRIAL LAW -- the meaning of "ordinary and customary turnover of labour" in s 119(1)(a) of the Fair Work Act 2009 (Cth) -- where the primary Judges interpreted the meaning of the exception using different tests -- where employer sought to rely on "ordinary and customary turnover of labour" exception in s 119(1)(a) -- whether terminations were due to "ordinary and customary turnover of labour" -- whether exception should be construed by reference to industrial law…
Status of Appeal to High Court -
11 December 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 219
30 Jun 2020
: AAL19 v Minister for Home Affairs [2020] FCAFC 114
Logan, Markovic and Anastassiou JJ
(
277 FCR 393
)
MIGRATION - fast track review - where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority (Authority) - whether information provided to the Authority constituted "new information" or "submissions" - whether error in respect of "exceptional circumstances" to justify considering "new information" in the terms of s 473DD(a) of the Migration Act 1958 (Cth) (the Act) - where an "administrative error" resulted in irrelevant…
Status of Appeal to High Court -
5 November 2020: HCA - Special leave appliction dismissed with costs [2020] HCASL 232
29 Jun 2020
: CKL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 918
Jackson J
MIGRATION - appeal from decision of Federal Circuit Court to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) to affirm a decision by a delegate of the Minister to refuse to grant a protection visa to the appellant - Safe Haven Enterprise visa - citizen of Sri Lanka - unauthorised maritime arrival - leave sought to rely on three proposed additional grounds of appeal - leave to rely upon proposed grounds two and three…
Status of Appeal to High Court -
5 November 2020: HCA - Special leave application dismissed [2020] HCASL 229
25 Jun 2020
: ATU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1165
Logan J
MIGRATION - fast track review - where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority (Authority) - whether the Authority's decision was affected by a jurisdictional error of illogicality or irrationality - whether a mistake of fact made by the Authority was material
Status of Appeal to High Court -
4 February 2021: HCA - Special leave application dismissed with costs [2021] HCASL 7
23 Jun 2020
: KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108
Bromberg, O'Callaghan and Steward JJ
(
279 FCR 1
)
MIGRATION - appeal from a judgment of the Federal Court of Australia - where appellant applied for safe haven enterprise visa following convictions for various criminal offences - where Minister made a decision to refuse the grant of the visa under s 501 of the Migration Act 1958 (Cth) - where decision of Minister set aside by Tribunal - where Minister personally decided to refuse the grant of a protection visa under s 501A after approximately 18 months - whether primary…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application refused with costs [2021] HCATrans 20
17 Jun 2020
: Roberts on behalf of the Widjabul Wia-Bal People v Attorney-General of New South Wales [2020] FCAFC 103
Reeves, Murphy and Griffiths JJ
(
277 FCR 170
)
NATIVE TITLE -- appeal from a determination of separate questions under r 30.01 of the Federal Court Rules 2011 (Cth) - where the separate questions related to four parcels of reserved crown land in northern New South Wales - whether the separate question procedure was appropriate in these proceedings - whether the issue raised was hypothetical - whether the issue raised was so minor and peripheral to the overall dispute to justify the separate question procedure being…
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination dismissed with costs [2020] HCASL 259
16 Jun 2020
: BYN16 v Minister for Immigration and Border Protection [2020] FCA 834
Wigney J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where primary judge dismissed judicial review application of decision of Administrative Appeals Tribunal (AAT) - whether AAT failed to properly consider any claims - whether AAT erred in not later requesting oral evidence after none given by certain individuals at hearing - whether AAT failed to comply with s 424AA or s 424A of the Migration Act 1958 (Cth) - whether the AAT erred in declining to…
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed [2020] HCASL 209
12 Jun 2020
: ANI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 798
Snaden J
MIGRATION - protection visa - appeal from a decision of the Federal Circuit Court of Australia - application for review of a decision to refuse a protection visa - whether the Administrative Appeals Tribunal failed to take account of relevant considerations - whether the Tribunal was obliged to consider submissions and evidence advanced in a previously constituted tribunal - whether the Tribunal failed to take into account the appellant's alleged impecuniosity - whether the…
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed [2020] HCASL 207
11 Jun 2020
: AJH19 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 821
Thawley J
Status of Appeal to High Court -
4 February 2021: HCA - Special leave application dismissed [2021] HCASL 1
11 Jun 2020
: BOX16 v Minister for Immigration and Border Protection [2020] FCA 801
Wigney J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where primary judge dismissed judicial review application of decision of Administrative Appeals Tribunal (AAT) - whether AAT had an obligation to call witnesses under s 426 of the Migration Act 1958 (Cth) - whether AAT acted unreasonably in not calling witnesses - whether not calling the witnesses corroborated the appellant's evidence such that adverse credibility finding was legally unreasonable -…
Status of Appeal to High Court -
11 February 2021: HCA - Special leave application dismissed with costs [2021 HCASL 26
11 Jun 2020
: CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104
Jagot, Yates and Stewart JJ
(
277 FCR 201 ; 171 ALD 81
)
MIGRATION - whether primary judge's decision was affected by actual or apprehended bias - whether evidence of primary judge's previous decisions relevant on tendency or coincidence basis - whether primary judge had failed to give the appellant a hearing - whether primary judge erred in rejecting claims of Tribunal's jurisdictional error - whether primary judge denied appellant procedural fairness - whether primary judge erred by accepting that the Tribunal had considered the …
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed with costs [2020] HCASL 225
10 Jun 2020
: BXP18 v Minister for Home Affairs [2020] FCA 799
Greenwood J
MIGRATION - consideration of an appeal from orders of the primary judge on the footing that the primary judge erred in failing to identify contended jurisdictional error on the part of the Immigration Assessment Authority having regard to contentions that the Authority failed to identify integers of the claim, failed to address the evidence of the appellant, failed to comply with procedure required under the Migration Act 1958 (Cth), failed to have regard to the "current…
Status of Appeal to High Court -
9 September 2020: HCA - Special leave application dismissed [2020] HCASL181
5 Jun 2020
: BMM18 v Minister for Home Affairs [2020] FCA 785
Greenwood J
MIGRATION - consideration of the question of the approach to determining whether the Administrative Appeals Tribunal fell into jurisdictional error in reaching a finding about credit - consideration of whether ss 424A and 424AA of the Migration Act 1958 (Cth) were engaged - consideration of whether particular information was information for the purposes of those sections - consideration of the distinction between matters going to the statutory criteria relevant to a…
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed with costs [2020] HCASL 214
4 Jun 2020
: Deputy Commissioner of Taxation v Shi [2020] FCAFC 100
Davies, Lee and Stewart JJ
(
380 ALR 226 ; 277 FCR 1
)
EVIDENCE - privilege against self-incrimination - where disclosure order in connection with freezing orders required disclosure of worldwide assets - where respondent objected to disclosure of certain information on the basis that it may tend to incriminate and filed a privilege affidavit under s 128A(2) of the Evidence Act 1995 (Cth) (Evidence Act) - where respondent applied for return of privilege affidavit - construction of s 128A of the Evidence Act - onus of proof under …
Status of Appeal to High Court -
11 November 2020: HCA - Special leave application granted [2020] HCATrans 188
3 Jun 2020
: AAQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 759
Burley J
MIGRATION - refusal of Safe Haven Enterprise Visa application - fast track reviewable decision by the Immigration Assessment Authority (IAA) - new information provided to the IAA - whether the IAA erred in applying s 473DD of the Migration Act 1958 (Cth) by failing to consider whether the new information was "credible personal information" - whether the IAA took an inappropriately narrow view of the breadth of the expression "exceptional circumstances" in s 473DD of the Act…
Status of Appeal to High Court -
10 February 2021: HCA - Special leave application dismissed [2021] HCASL 14
2 Jun 2020
: CRK16 v Minister for Home Affairs [2020] FCA 743
Kenny J
PRACTICE AND PROCEDURE - application for an extension of time to file an appeal under r 36.05 of the Federal Court Rules 2011 (Cth) - extension of time granted MIGRATION - appeal from a judgment of the Federal Circuit Court - whether the primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming the refusal of an application for a Safe Haven Enterprise visa - whether the Authority failed to consider…
Status of Appeal to High Court -
8 October 2020: HCA - Special leave application dismissed [2020] HCASL 196
29 May 2020
: Australian Competition and Consumer Commission v Pacific National Pty Limited (No 2) [2020] FCAFC 98
Middleton, Perram and O'Bryan JJ
COMPETITION - final orders - release of undertaking - costs
Status of Appeal to High Court -
8 December 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 213
28 May 2020
: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94
White, Wigney and Bromwich JJ
(
277 FCR 420
)
MIGRATION - appeal from orders of the Federal Court of Australia dismissing an application for judicial review of a decision of the Minister - where Minister exercised discretion under s 501(1) to refuse to grant protection visa - no error by primary judge established - appeal dismissed
Status of Appeal to High Court -
11 December 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 220
27 May 2020
: Watson as trustee for the Murrindindi Bushfire Class Action Settlement Fund v Commissioner of Taxation [2020] FCAFC 92
Kenny, Davies and Thawley JJ
(
277 FCR 253
)
TAXATION - allowable deductions - where the taxpayer is the scheme administrator of the Murrindindi Bushfire Class Action Settlement Scheme - whether the costs and expenses incurred by the taxpayer in administering the Scheme are deductible under s 8-1 of the Income Tax Assessment Act 1997 (Cth) - whether the costs were incurred in gaining or producing assessable income - whether the costs were incurred in carrying on a business - whether the costs were an outgoing of…
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed [2020] HCASL 224
26 May 2020
: Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 90
Katzmann, O'Callaghan and Stewart JJ
(
276 FCR 516
)
MIGRATION - appellant's visa cancelled on character grounds under s 501(2) of the Migration Act 1958 (Cth) - cancellation decision affirmed by Administrative Appeals Tribunal - appeal from decision of single judge dismissing application for judicial review of Tribunal's decision - leave sought to rely on grounds not raised below - meaning of "offences involving violence"
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed [2020] HCASL 210
21 May 2020
: Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86
Rares, Nicholas and Burley JJ
(
277 FCR 267, 379 ALR 86, 152 IPR 1
)
PATENTS - patent application for a digital advertising system and method - claimed invention is implemented using computer technology - whether a manner of manufacture within the meaning of s 18(1)(a) of the Patents Act 1990 (Cth) - whether primary judge erred in finding that the resolution of the proceedings below lay "largely in the realm of facts" - whether primary judge erred in accepting expert evidence as determinative of whether the claimed invention was a manner of…
Status of Appeal to High Court -
8 October 2020: HCA - Special leave application dismissed with costs [2020] HCASL 202
20 May 2020
: WorkPac Pty Ltd v Rossato [2020] FCAFC 84
Bromberg, White and Wheelahan JJ
(
378 ALR 585 ; 296 IR 38
)
INDUSTRIAL LAW - application by an employer for declarations that an employee could not claim the National Employment Standards entitlements to paid annual leave, personal/carer's leave and compassionate leave because he was a casual employee within the meaning of ss 86, 95 and 106 of the Fair Work Act 2009 (Cth) (the FW Act), and could not claim the corresponding entitlements under the applicable enterprise agreement because he was a "Casual Field Team Member" (casual FTM)…
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination granted [2020] HCATrans 200
11 May 2020
: ABH18 v Minister for Home Affairs [2020] FCA 620
Charlesworth J
MIGRATION - appeal from orders dismissing application for judicial review of a decision of the Immigration Assessment Authority - Authority reviewing a decision of a delegate of the Minister not to grant the appellant a protection visa - whether the Authority erred in the construction of s 473DD of the Migration Act 1958 (Cth) -- appellant providing new information to Authority concerning events claimed to have occurred after delegate's decision - identifiable error in the…
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed with costs [2020] HCASL 219
6 May 2020
: Australian Competition and Consumer Commission v Pacific National Pty Limited [2020] FCAFC 77
Middleton, Perram and O'Bryan JJ
(
277 FCR 49, 378 ALR 1, 144 ACSR 455
)
COMPETITION - proposed acquisition of the Acacia Ridge Terminal in Brisbane - alleged contravention of s 50 of the Competition and Consumer Act 2010 (Cth) - market definition - economic tests for defining a price discrimination market - whether conduct likely to have the effect of substantially lessening competition in a market - meaning of "likely" - standard of proof to be applied to predictions about future facts and circumstances - vertical merger - ability and incentive …
Status of Appeal to High Court -
8 December 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 213
1 May 2020
: DBC17 v Minister for Immigration and Border Protection [2020] FCA 570
Charlesworth J
MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - Tribunal finding the appellant lacked credibility - Tribunal remarking on the lack of evidence corroborating the appellant's claims - primary judge interpreting poorly cast grounds for judicial review in appellant's favour - grounds for judicial review rejected for reasons that do not disclose appealable error
Status of Appeal to High Court -
2 September 2020: HCA - Special leave application dismissed [2020] HCASL 177
24 Apr 2020
: ABL18 v Minister for Home Affairs [2020] FCA 536
Charlesworth J
MIGRATION - parties to application for judicial review proposing orders by consent allowing the application - primary judge refusing to proceed in accordance with the parties' agreed position - primary judge dismissing application for judicial review - grounds of review contending the Immigration Assessment Authority erred in construing and applying s 473DD of the Migration Act 1958 (Cth) - no jurisdictional error as asserted - appeal dismissed
Status of Appeal to High Court -
14 October 2020: HCA - Special leave application dismissed [2020] HCASL 218
24 Apr 2020
: Ali v Minister for Home Affairs [2020] FCA 538
Perry J
MIGRATION - application for judicial review - where Administrative Appeals Tribunal (AAT) upheld delegate's decision not to revoke automatic cancellation of the applicant's visa on character grounds pursuant to s 501, Migration Act 1958 (Cth) - whether inference should be drawn that AAT failed to consider Pre-Release Report prepared by Parole Unit - where applicant relied upon Pre-Release Report before AAT on question of risk of re-offending - whether AAT failed to take into …
Status of Appeal to High Court -
11 March 2021: HCA - Special leave application dismissed [2021] HCASL 47
22 Apr 2020
: DQU16 v Minister for Home Affairs [2020] FCA 518
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia upholding a decision of the Immigration Assessment Authority (the Authority) - where the first appellant worked as an alcohol seller in Iraq - where the Authority considered why the appellant would, or would not, modify his behaviour to avoid harm if returned to Iraq - whether the Authority was required to assess whether the harm that would be avoided amounted to "significant harm" - whether the…
Status of Appeal to High Court -
9 September 2020: HCA - Special leave application granted [2020] HCATrans 136
20 Apr 2020
: BDQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 492
Mortimer J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Immigration Assessment Authority - where applicant was unrepresented and required a translator - where Federal Circuit Court gave oral reasons and published written reasons after notice of appeal filed - whether applicant denied procedural fairness - consideration of role of reasons in exercise of judicial power - appeal dismissed
Status of Appeal to High Court -
11 September 2020: HCA - Special leave application dismissed [2020] HCATrans 146
15 Apr 2020
: BSL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 480
Logan J
MIGRATION - fast track review - where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority - whether error in respect of whether it would be reasonable for the appellant to relocate in the terms of s 36 of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE - where an extension was granted, by consent, to the appellant to institute an appeal - whether the appellant's proposed grounds are at variance with the issues raised by…
Status of Appeal to High Court -
4 February 2021: HCA - Special leave application dismissed with costs [2021] HCASL 6
15 Apr 2020
: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66
Katzmann, Mortimer and Bromwich JJ
(
276 FCR 75
)
MIGRATION - appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review - where the respondent Minister cancelled a visa under s 501(3) of the Migration Act 1958 (Cth) -whether primary judge erred in finding that the Minister did not misapprehend that he could not seek further information before making a visa cancellation decision - where the Minister made an admission in submissions that he "proceeded on the basis of the…
Status of Appeal to High Court -
8 October 2020: HCA - Special leave appliction dismissed with costs [2020] HCASL 200
9 Apr 2020
: C7A/2017 v Minister for Immigration and Border Protection [2020] FCAFC 63
Katzmann, Wigney and Abraham JJ
(
276 FCR 147
)
MIGRATION -- Protection visa -- mother (first appellant) and two sons (second and third appellants) -- where visa application based on first appellant's claim to be daughter of stateless Rohingya father from Myanmar and Indonesian mother -- where Tribunal made adverse credibility findings and was satisfied that appellants either had or were entitled to Indonesian nationality -- where substantive claims in visa application made by first appellant and second and third…
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination dismissed with costs [2020] HCASL 256
9 Apr 2020
: Jadwan Pty Ltd v Rae & Partners (A Firm) [2020] FCAFC 62
Bromwich, O'Callaghan and Wheelahan JJ
(
278 FCR 1, 378 ALR 193
)
NEGLIGENCE - appeal by way of rehearing - where the primary judge dismissed the appellant's applications against the respondent solicitors seeking damages for alleged professional negligence - duty of care owed by the first to fourth respondent solicitors and counsel in providing legal advice to the appellant nursing home operator - where the appellant, in respect of its Derwent Court nursing home in Hobart, faced Commonwealth government sanctions and the revocation of its…
Status of Appeal to High Court -
11 November 2020: HCA - Special leave application refused with costs [2020] HCATrans 184
27 Mar 2020
: Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52
Greenwood, Rares and Thawley JJ
(
376 ALR 261 ; 144 ACSR 107 ; 275 FCR 533
)
CORPORATIONS - consideration of whether the primary judge erred in concluding that the appellants, Mr and Mrs Cassimatis, engaged in conduct in contravention of s 180(1) of the Corporations Act 2001 (Cth) (the "Act") - consideration of the construction of the text of s 180(1) and the history of the development of that section of the Act - consideration of the extent to which the appellants exercised power and control over the management of the affairs of the corporation,…
Status of Appeal to High Court -
5 August 2020: HCA – Special leave application dismissed with costs [2020] HCASL 158
26 Mar 2020
: BEA15 v Minister for Immigration and Border Protection [2020] FCA 392
Perram J
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing application for judicial review of decision of Refugee Review Tribunal to refuse to issue protection (Class XA) visa - where Appellant sought protection on basis of links with Liberation Tigers of Tamil Eelam, status as a failed refugee, race and religion - where Tribunal found letter relied on by Appellant not authentic - whether Tribunal erred in finding Appellant gave inconsistent and…
Status of Appeal to High Court -
12 November 2020: HCA - Special leave application dismissed [2020] FCA 392
23 Mar 2020
: Moorcroft v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 382
Collier J
(
275 FCR 276
)
MIGRATION - appeal from the Federal Circuit Court of Australia (FCCA) - where appellant held a subclass 444 visa - where Minister's original decision to cancel appellant's visa had been quashed by the FCCA - where appellant then returned to Australia but was refused visa because she had been "removed or deported" from Australia - construction of the term "removed or deported" from Australia - whether appellant had been removed from Australia within the meaning of s 5 of the…
Status of Appeal to High Court -
16 October 2020: HCA - Special leave application granted [2020] HCATrans 166
18 Mar 2020
: Lunt v Victoria International Container Terminal Limited [2020] FCAFC 40
Bromberg, Kerr and Wheelahan JJ
PRACTICE AND PROCEDURE - appeal from order dismissing appellant's proceeding as an abuse of process -where primary judge held that it was an abuse of process for the appellant to institute the proceeding for the predominant purpose of seeking relief because a third person wanted that relief - whether appeal inutile - whether primary judge misapplied the distinction between the purpose and the motive for instituting a proceeding made in Williams v Spautz (1992) 174 CLR 509 -…
Status of Appeal to High Court -
11 September 2020: HCA - Special leave application granted on limited grounds [2020] HCATrans 143
18 Mar 2020
: Salh v Minister for Immigration and Border Protection [2020] FCA 349
Murphy J
MIGRATION - appeal from decision of Federal Circuit Court which dismissed application for review of a decision by the Migration Review Tribunal to affirm a decision to not grant the appellants Temporary Business Entry (457) visas - where the Tribunal was not satisfied that the first appellant has the skills, qualifications and employment background necessary to perform the tasks of the nominated occupation - whether the Tribunal denied the appellants natural justice, failed…
Status of Appeal to High Court -
9 September 2020: HCA - Special leave application dismissed with costs [2020] HCASL 188
17 Mar 2020
: CEE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 359
Beach J
MIGRATION - refusal of safe haven visa - judicial review by Federal Circuit Court - appeal dismissed
Status of Appeal to High Court -
17 June 2020: HCA - Special leave application dismissed [2020] HCASL 145
