Latest Judgments

Administrative Law ; Aborigines
Clark v Minister for the Environment (No 2) [2019] FCA 2028
ADMINISTRATIVE LAW - proceedings for judicial review of a refusal by the Minister for the Environment to make declarations under ss 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in respect of an area and in respect of objects - whether, where the Court sets aside the decision of the Minister, the Court has power to issue an injunction to restrain a third party from taking any actions that would have the effect of causing injury to or desecration of the area or objects until the Minister makes a further decision according to law ABORIGINAL HERITAGE - proceedings for judicial review of a refusal by the Minister for the Environment to make declarations under ss 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in respect of an area and in respect of objects - whether, where the Court sets aside the decision of the Minister, the Court has power to issue an injunction to restrain a third party from taking any actions that would have the effect of causing injury to or desecration of the area or objects until the Minister makes a further decision according to law
06 Dec 2019 |  ROBERTSON J

Aborigines ; Administrative Law
Clark v Minister for the Environment [2019] FCA 2027
ABORIGINAL HERITAGE - application under Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) to Commonwealth Minister for declarations seeking the preservation or protection of a specified area from injury or desecration and for the preservation or protection of specified objects from injury or desecration - refusal of applications - application under Administrative Decisions (Judicial Review) Act 1977 (Cth) for judicial review of the Commonwealth Minister's decision - whether error of law - whether no evidence or other material to justify the making of the decision - whether the making of the decision was an improper exercise of the power - whether decision Wednesbury unreasonable - whether failure to consult with the appropriate Minister of the State of Victoria - whether breach of the rules of natural justice ADMINISTRATIVE LAW -
06 Dec 2019 |  ROBERTSON J

Practice and Procedure
Stafford v Automotive Distributors Limited [2019] FCA 2068
PRACTICE AND PROCEDURE - application for leave to appeal from summary dismissal of appeal by Federal Circuit Court of Australia - where primary judge summarily dismissed appeal on the basis that it had no reasonable prospects of success - where in the alternative primary judge dismissed appeal on the basis of failure to comply with orders and on the basis the points of claim should be struck out with no leave to re-plead - where appeal to Federal Circuit Court from decision of delegate of Registrar of Trade Marks to remove trade mark from Register - where applicant did not meet onus to rebut allegation that the trade mark had not been used during relevant three year period - whether primary judge's decision is attended by sufficient doubt to warrant reconsideration - leave to appeal refused
06 Dec 2019 |  BANKS-SMITH J

Practice and Procedure
DUR16 v Minister for Immigration and Border Protection [2019] FCA 2043
PRACTICE AND PROCEDURE -- interlocutory application by appellant for leave to amend notice of appeal to raise new grounds of challenge to a decision of the Immigration Assessment Authority -- whether the new grounds have merit -- whether the first respondent will suffer prejudice -- where the appellant seeks leave to adduce further evidence in relation to one of the new grounds -- whether it would be necessary to give the first respondent the opportunity to file evidence in response -- whether the evidence could have been adduced before the Federal Circuit Court of Australia by the exercise of reasonable diligence -- whether the evidence was likely to have led to a different result -- consideration of materiality
06 Dec 2019 |  BESANKO J

Migration ; Practice and Procedure
Sadruga v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 219
MIGRATION - Partner (Temporary) (Class UK) and a Partner (Residence) (Class BA) visa - s 501 of the Migration Act 1958 (Cth) - character test - whether Tribunal gave sufficient weight to relevant factors PRACTICE AND PROCEDURE - application for adjournment
05 Dec 2019 |  ALLSOP CJ, STEWARD AND WHEELAHAN JJ

Practice and Procedure
Quach v MLC Limited (No 3) [2019] FCA 2066

20 Nov 2019 |  RARES J

Adminstrative Law
Bert v State of Queensland [2019] FCA 2058

06 Dec 2019 |  O'CALLAGHAN J

Migration
AMP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2048
MIGRATION - application for extension of time to appeal decision of the Federal Circuit Court of Australia - length of delay relatively significant - explanation for delay inadequate and not satisfactory - submissions on application raised matters not relied on below - no reasonable prospect of success on proposed grounds of appeal - application dismissed
04 Dec 2019 |  DAVIES J

Migration
AZZ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2037

06 Dec 2019 |  O'CALLAGHAN J

Industrial Law
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The NewCold Picket Case) [2019] FCA 2038
INDUSTRIAL LAW - applicant seeks declarations of contraventions of ss 47(1) and 77(3) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and imposition of pecuniary penalties - respondents admit pleaded case - penalties imposed
06 Dec 2019 |  O'CALLAGHAN J

Migration
Lu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2062
MIGRATION - appeal from decision of Federal Circuit Court - refusal to grant spousal visa - whether Federal Court erred in failing to find that the Tribunal was required by s 359A of the Migration Act 1958 (Cth) to disclose an alleged inferential finding adverse to the appellant that she was not engaged to her sponsor - where Tribunal had not in fact made such a finding - appeal dismissed
06 Dec 2019 |  YATES J