Commonwealth · Other · 6,353 judgments
MIGRATION — application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision to refuse the applicant a student visa — finding that no third party fraud invalidated visa application — application…
MIGRATION — application for judicial review — Temporary Activity (Class CG) (Subclass 408) visa — found Tribunal’s decision to conduct hearing by telephone not unreasonable — found no error on the Tribunal’s behalf — found no…
MIGRATION — judicial review — amended application seeking review of later Tribunal decision — where amended application filed out of time and in incorrect proceeding — where grounds do not correspond with decision sought to be reviewed…
MIGRATION — Review of delegated summary judgment decision by Registrar — principles applicable to review of summary judgment decision by Registrar — merits of application for judicial review
MIGRATION — judicial review — Administrative Review Tribunal — dismissal for non-appearance and refusal to reinstate — applicant recovering from cancer treatment — failure to engage with the applicant's reasons for her non-attendance…
MIGRATION — application for judicial review — Other Family (Residence) (Class BU) (Subclass 835) visa — no jurisdictional error — application dismissed.
PRACTICE AND PROCEDURE — Interlocutory application for suppression order and non-publication order — Court documents be suppressed and to not be published or disclosed until 14 days after the termination of the Court-ordered mediation.
BANKRUPTCY — application for review of decision of the applicant’s trustees in bankruptcy to accept a proof of debt in relation to a loan for $190,000 made on 8 May 2018 and interest on that loan — loan made to the bankrupt — matter stood…
INDUSTRIAL LAW — ex tempore judgment — applicant granted leave to file and serve a Further Amended Statement of Claim — applicant ordered to pay respondent’s costs thrown away by reason of the further amendment and adjournment
MIGRATION — application for judicial review of decision of Administrative Appeals Tribunal — affirmation of Delegate’s refusal of Protection (subclass 866) visa — claims arising from debt owed to loan sharks in Malaysia — no…
MIGRATION — Costs — application for costs by the Minister following discontinuance of the proceedings with leave 9 business days prior to the final hearing — fixed costs order made.
MIGRATION — protection visa — judicial review of decision of Administrative Review Tribunal — no jurisdictional error — application dismissed with costs
MIGRATION — Review of Registrar decision — applicant is 3 years out of time in bringing judicial review application against AAT decision affirming delegate’s decision to refuse grant of protection visa — Registrar dismisses application…
MIGRATION — application for review of a summary dismissal decision made by a Registrar — relevant considerations — application dismissed
FAIR WORK — Admitted contraventions of s.716(5) of the Fair Work Act 2009 (Cth) — declarations and orders to give effect to admitted contraventions — assessment and imposition of pecuniary penalties.
MIGRATION — Application for extension of time - No reasonable explanation for delay — Substantive application lacks reasonable prospects of success — Application refused.
FAIR WORK — oral application by applicant for deemed service on second respondent — satisfied that personal service outside of Australia is permitted under Division 10.4 of the Federal Court Rules 2011 (Cth) — satisfied the Court has…
MIGRATION — application for reinstatement of an application for judicial review of a decision of the Administrative Review Tribunal — application for reinstatement dismissed.
PRACTICE AND PROCEDURE — applicant’s solicitors sought leave to file Notice of Withdrawal as Lawyer less than 7 days after service of Notice of Intention to Withdraw as Lawyer — where applicant’s solicitors submitted that their ethical…
INDUSTRIAL LAW — Compensation — loss of earnings — out of pocket expenses — other alleged financial losses — non-economic loss — pain and suffering
MIGRATION — Judicial review — Student (Temporary) (Class TU) (Subclass 500) visa — application dismissed.
MIGRATION — student visa — application for judicial review of a decision of the Administrative Review Tribunal — where visa cancelled under s 116(1)(b) of the Migration Act 1958 (Cth) — non-compliance with condition 8202 — no…
MIGRATION — application for extension of time to seek judicial review of decision of Administrative Appeals Tribunal — affirmation of Delegate’s refusal of Protection (subclass 866) visa — delay of three days — unsatisfactory explanation…
MIGRATION — judicial review — protection visa — second application for review of same delegate’s decision — Tribunal lacked jurisdiction — procedural fairness — no reasonably arguable jurisdictional error. PRACTICE AND PROCEDURE — review…
MIGRATION — judicial review — decision of Administrative Review Tribunal refusing to grant protection visa — Tribunal relied on country information without providing information to applicant for comment
PRACTICE AND PROCEDURE — FAIR WORK — Interlocutory application for the respondent to make a cross-claim after filing a response granted — Applicant’s application to file a Second Further Amended Statement of Claim refused.
MIGRATION — application for extension of time to apply for judicial review of decision of a Registrar of this Court to summarily dismiss matter — extensive delay — lack of reasonable explanation — no reasonably arguable case — application…
PRACTICE AND PROCEDURE — FAIR WORK — interlocutory application for suppression and non-publication orders — orders considered necessary to facilitate mediation — interlocutory application allowed.
MIGRATION — protection visa — decision of the then Administrative Appeals Tribunal — extension of time — no jurisdictional error established — application for extension of time dismissed.
MIGRATION — judicial review — decision of Administrative Review Tribunal refusing to grant student visa — application for leave to amend application on day of final hearing — PRACTICE AND PROCEDURE — application for leave to amend…
MIGRATION — Training (Class GF) (subclass 407) visa — review of decision of a delegate of the Minister — application for an extension of time — no jurisdictional error established — application dismissed.
BANKRUPTCY — review of sequestration order — hearing de novo — extension of time — debtor absent — creditor’s petition based on default judgment — no basis to go behind judgment — requirements of s 52(1) of the Bankruptcy Act 1966 (Cth)…
PRACTICE AND PROCEDURE — legal professional privilege claimed over parts of documents — no waiver — legal professional privilege claim upheld
MIGRATION — student visa — application for an extension of time to review decision of the Administrative Review Tribunal — application dismissed with costs
MIGRATION - application for judicial review of decision — of Administrative Review Tribunal — affirmation of — Delegate’s refusal of Regional Employer Nomination (subclass 187) visa — where Applicant not subject to a nomination approved…
MIGRATION — ex tempore — application for judicial review of decision of Administrative Appeals Tribunal — affirmation of Delegate’s refusal of Student (subclass 500) visa — no jurisdictional error established — application dismissed
MIGRATION — COSTS — Notice of discontinuance filed six days before the final hearing — First respondent incurred costs before the filing of the notice of discontinuance — Appropriate that there be an order for costs in favour of the first…
MIGRATION — application for judicial review of a decision by a delegate of the Minister — limits of the Court’s powers in judicial review proceedings — application dismissed
MIGRATION — application for judicial review of a decision by a delegate of the Minister — application dismissed
MIGRATION — application for judicial review of a decision by a delegate of the Minister — application dismissed
MIGRATION — application for judicial review of a decision by the Administrative Appeals Tribunal — application dismissed
PRACTICE AND PROCEDURE — discovery — determination of classes of documents to be discovered by respondents
MIGRATION — Judicial review application — Student (Temporary) (Class TU) (Subclass 500) — No jurisdictional error established — Application dismissed
CONSUMER PROTECTION — Interlocutory application — Application for summary judgment or dismissal in relation to the whole of the proceedings or stay pending security for costs in the alternative
INDUSTRIAL LAW — Union member fees — payroll deductions — inducement — s 350 FW Act — application dismissed.
MIGRATION — Protection (Class XA) (Subclass 866) visa — Application for an extension of time to seek judicial review of a decision of the former Administrative Appeals Tribunal — Substantial delay in making judicial review application…
MIGRATION — application for judicial review of Tribunal decision refusing protection visa — extension of time refused and application dismissed
MIGRATION — judicial review of decision of Administrative Appeals Tribunal — medical treatment visa
MIGRATION — student visa — application for judicial review of a decision of the Administrative Review Tribunal — cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) — non-compliance with condition 8202 — no jurisdictional error…
PRACTICE AND PROCEDURE — intellectual property — orders made requiring applicants to identify the particular work against which the impugned works are to be assessed — order that the applicants pay the respondents’ costs of the…