Today

Today's published judgments

Administrative Law
Roberts v Attorney-General (Cth) [2022] FCA 574
ADMINISTRATIVE LAW - application for judicial review of parole decision under s 19AL(1) of the Crimes Act 1914 (Cth) - survey of principles informing federal parole decisions - where applicant unable to access offence-specific treatment in custody - whether Attorney-General failed to consider arguments advanced by applicant - whether decision affected by procedural unfairness - whether decision lacked evident and intelligible justification - where Attorney-General balanced risks of release against risks of refusal of parole - where no material deficiencies in information before Attorney-General - application dismissed
18 May 2022 |  LEE J


Migration
CIS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 549
MIGRATION - appeal from Federal Circuit Court - whether the Immigration Assessment Authority incorrectly classified information as new information- whether information taken into account - appeal dismissed
13 May 2022 |  KENNY J


Migration
DBWG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 570
MIGRATION - review of decision of the Administrative Appeals Tribunal - applicant had held temporary protection visa, subsequently Class CD Subclass 851 Resolution of Status visa - where Tribunal affirmed decision not to revoke mandatory cancellation of applicant's visa - where visa cancelled mandatorily for applicant failing character test - s 501CA(4) Migration Act 1958 (Cth) - Ministerial Direction No. 79 - whether applicant had ongoing refugee status at the time of the Tribunal decision - International Treaties Obligations Assessment (ITOA) conducted - whether the Tribunal failed to consider the terms of Article 1C of the United Nationals 1951 Convention relating to the Status of Refugees - whether Australia had international non-refoulement obligations in respect of the applicant
18 May 2022 |  COLLIER J


Native Title
Williams on behalf of the Githabul People v State of Queensland [2022] FCA 569
NATIVE TITLE - Interlocutory Application seeking to remove Indigenous Respondents - whether Indigenous Respondents are in representative capacity - Section 84 Native Title Act - application granted
18 May 2022 |  COLLIER J


Bankruptcy
Whiteman v Deputy Commissioner of Taxation [2022] FCA 568
BANKRUPTCY - application for extension of time within which to seek leave to appeal made prior to sequestration order - where action was stayed by operation of s 60(2) of the Bankruptcy Act 1966 (Cth) - whether in the circumstances the action should be stayed or dismissed - question of costs.
18 May 2022 |  WHEELAHAN J


Migration
ANS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 559
MIGRATION - appeal from the Federal Circuit Court of Australia - where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant a Temporary Protection visa - where ground of review not raised before primary judge - leave to advance ground on appeal refused in circumstances where no explanation provided for failure to raise the ground below and where ground had no substantive merit - whether IAA denied the appellant procedural fairness by limiting length of submissions in accordance with Practice Direction issued under s 473FB of the Migration Act 1958 (Cth) - no procedural unfairness - where the primary judge refused a request for leave to amend the appellant's application to raise a further ground of review - where appellant sought to agitate ground of review on appeal - appellant required to demonstrate error in primary judge's exercise of discretion - where no discernible error in primary judge's exercise of the discretion - appeal dismissed
18 May 2022 |  O'BRYAN J


Practice and Procedure
Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Further Conduct of Proceedings) (No 2) [2022] FCA 543
PRACTICE AND PROCEDURE - where parties unable to agree on a short minute of order - where timetable for the future conduct of proceedings.
11 May 2022 |  PERRAM J


Practice and Procedure ; Bankruptcy
Amirbeaggi as Trustee for the Bankrupt Estate of Hanna v Hanna (No 2) [2022] FCA 562
PRACTICE AND PROCEDURE - application for leave to amend cross-claim - where application made after expert report concluded, contrary to the cross-claimant's pleaded position, that he had signed a dealing for the transfer of property - where consideration of the factors relevant to the discretion weighs in favour of allowing the amendment PRACTICE AND PROCEDURE - application for an order that this proceeding be heard with another proceeding and that evidence in one proceeding be evidence in the other - where some common issues and common witnesses whose credit will be in issue - where no objection by parties other than the cross-respondent - application granted
18 May 2022 |  GOODMAN J


Migration
CGZ18 v Minister for Home Affairs [2022] FCA 571
MIGRATION - consideration of a contention that the Administrative Appeals Tribunal failed to consider a claim said to have been plainly articulated by the appellants
17 May 2022 |  GREENWOOD J


Consumer Law
viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87
CONSUMER LAW - misleading or deceptive conduct - contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law - part price representations in contravention of s 48(1) of the Australian Consumer Law - where appellant contended that primary judge erred in finding three of four representations were conveyed - Held: appeal dismissed
18 May 2022 |  YATES, ABRAHAM and CHEESEMAN J


Patents
Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2022] FCAFC 88
PATENTS - where leave to appeal sought against primary judge's decision dismissing appeal from decision of delegate of the Commissioner of Patents rejecting opposition to patent application on ground that the invention as claimed did not involve an inventive step - whether primary judge erred in assessment of expert evidence - whether primary judge misapplied Cripps question - whether primary judge erred in having regard to characteristics or advantages of invention not referred to in the claims - whether in determining whether invention was obvious in light of common general knowledge and a patent specification published before the priority date the primary judge had insufficient regard to the common general knowledge - whether primary judge misunderstood oral evidence of appellant's expert witness in relation to patent specification Held: no relevant error established - application for leave to appeal dismissed
18 May 2022 |  PERRAM, NICHOLAS AND BURLEY JJ