MIGRATION – Application for extension of time in which to seek review of Registrar decision

MIGRATION – student visa – judicial review of decision of Administrative Review Tribunal – confirmation of enrolment requirement – applicant asserted continued enrolment notwithstanding PRISMS records – whether applicant denied procedural fairness – whether Tribunal's representations created reasonable expectation of further opportunity to respond – relevance of self-represented status – whether Tribunal failed to consider relevant material – legal unreasonableness – jurisdictional error established

MIGRATION – Applicant was refused a student visa as the Tribunal was not satisfied he intended genuinely to stay temporarily in Australia – asserted jurisdictional error due to alleged illogical reasoning and unwarranted assumptions, misapplication of Ministerial Direction 108 and misconstruction of word ‘temporarily’ in the Regulations – grounds not made out – application dismissed

INDUSTRIAL LAW – general protections court application – application for extension of time under s 370 of Fair Work Act 2009 (Cth) – where application made 14 days out of time – whether adequate explanation for delay – merits of substantive application – whether application arguable and has reasonable prospect of success – whether in the interests of justice to extend time

FAIR WORK – Pecuniary penalty – contravention of National Employment Standards – application for pecuniary penalty – relevant considerations – whether penalty should be paid to the applicant or to the Commonwealth.

INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application for default judgment – applicant seeks declarations of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) – where there has been no engagement by or on behalf of the respondent in the proceeding – default judgment entered – declarations of contraventions and orders for respondent to pay unpaid monies with interest – matter listed for further hearing on the issue of penalty

FAIR WORK – PRACTICE AND PROCEDURE – interlocutory application seeking to compel discovery in compliance with orders earlier made – where respondent’s failure to execute adequate search was rectified – where the respondent claims privilege – where the respondent asserts there are no further documents to produce – where the Court is satisfied of respondent’s discovery efforts – application dismissed

CONSUMER LAW – Application for orders under ss 100 and 101 of the National Credit Code (as Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth)) to enter residential premises and repossess a vehicle – Costs

MIGRATION – judicial review – decision of delegate refusing to grant student visa – whether delegate failed to consider or engage with evidence and information in student visa application – application dismissed

MIGRATION LAW – whether the Tribunal had unreasonably failed to grant an adjournment of a Tribunal hearing – whether the Tribunal had failed to consider and address an issue which arose clearly and squarely from the evidence before the Tribunal – where the Tribunal ought to have addressed issues relevant to the question as to whether the applicant was a member of a particular social group – jurisdictional error established – application granted.

MIGRATION - application for judicial review of decision of Administrative Review Tribunal – affirmation of Delegate’s refusal of Student (subclass 500) visa – no jurisdictional error established – application dismissed

MIGRATION - application for judicial review of decision of Administrative Review Tribunal – affirmation of Delegate’s cancellation of Student (subclass 576) visa – whether the Tribunal decision vitiated by fraud of third party – whether the Tribunal unreasonably refused to adjourn hearing despite medical evidence provided by the Applicant – no jurisdictional error established – application dismissed

PRACTICE AND PROCEDURE – proceeding dismissed when applicant did not appear at hearing – application to set aside dismissal order and reinstate proceeding – whether applicant provided satisfactory explanation for not appearing at hearing – whether applicant provided satisfactory explanation for delay in filing reinstatement application – consideration of merit of underlying proceeding – application dismissed

MIGRATION – Judicial review – review of Judicial Registrar’s exercise of power – hearing de novo – summary judgment – student visa application lodged while applicant outside migration zone – whether delegate’s decision was a reviewable migration decision – requirement in s 338(2)(b) of the Migration Act 1958 (Cth) not satisfied – Administrative Review Tribunal lacked jurisdiction – erroneous notification of review rights incapable of conferring jurisdiction – application dismissed.

INDUSTRIAL LAW – application for an extension of time to file a general protections court application under the Fair Work Act 2009 (Cth) – application for an extension of time granted.

INDUSTRIAL LAW – general protections court application – application for extension of time under s 370 of Fair Work Act 2009 (Cth) – where the application was filed outside the 14-day period prescribed in s 370 of the Act – adequate explanation for delay – prejudice to respondents considered – merits of substantive application considered – extension of time granted

PRACTICE & PROCEDURE – Application to amend pleading – objections to particular allegations and particulars – considerations relevant to granting leave to include the objected-to allegations and particulars.

MIGRATION — Extension of time — application lodged approximately four years and five months out of time – whether necessary in the interests of the administration of justice to extend time – no satisfactory explanation for delay – no arguable jurisdictional error identified – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether Tribunal failed to consider claims – procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – application for review of Registrar decision – where applicant failed to appear at first Court hearing – where Registrar dismissed application for reinstatement – de novo review of Registrar decision – unsatisfactory reasons for non-appearance – judicial review application lacking merit – review application dismissed with costs

MIGRATION – decision of the then Administrative Appeals Tribunal – where the Tribunal refused reinstatement and confirmed its decision to dismiss under s 362B(1C)(b) of the Migration Act – whether the Tribunal erred in its consideration of a medical certificate – whether the Tribunal placed undue weight on case management objectives – procedural fairness – legal unreasonableness – allegation of bias – conduct of migration agent – no jurisdictional error established – application dismissed.

MIGRATION – The applicant, a student aged over 18, was added to his mother’s visa application and needed to establish he was substantially reliant on her for financial support to meet his basic needs for food, clothing and shelter, and that such reliance was greater than on any other person – Tribunal did not find such reliance made out – applicant unsuccessfully argued that the Tribunal had variously misused or misunderstood evidence, or that its conclusions lacked an evident and intelligible justification – no ground made out – application dismissed

PRACTICE AND PROCEDURE – Costs – Application for costs – whether current rules apply – fixed costs order made 

MIGRATION – Partner visa application not successful – Tribunal said to have improperly applied legal provisions of Migration Act and Regulations in finding that applicant was not a spouse – no particulars of alleged errors – application dismissed

INDUSTRIAL LAW – Where applicant failed tWhere applicant failed to commence proceedings within 14 days of days of certificate
issued by Fair Work Commission – whether time should be extended – where basis for delay said to include time Court Registry took to process and reject initially defective documents – reckoning of time – extension granted commence proceedings within 14 days of days of certificate issued by Fair Work Commission – whether time should be extended – where basis for delay said to include time Court Registry took to process and reject initially defective documents – reckoning of time – extension granted 

INDUSTRIAL LAW – practice and procedure – application for summary judgment – where applicant enters into contract with a labour hire company (hirer) pursuant to which the applicant is assigned to work at a site operated by a company (host) – where applicant alleges that while at the site employees of the host had taken adverse action against her including action that resulted in applicant resigning in circumstances where she alleges there was a constructive dismissal – where applicant alleges host took adverse action because applicant exercised workplace rights – whether the applicant has no reasonable prospect of succeeding that host was her employer – whether in any event Court has jurisdiction to hear the applicant’s claims to the extent they are based on the contention that the host constructively dismissed her from her employment – proceeding summarily dismissed

BANKRUPTCY – application for review of a sequestration order made by a Registrar – whether preconditions for making sequestration order satisfied – whether debtor able to pay his debts – whether any other reasons why sequestration order ought not be made – application for review dismissed and sequestration and other orders affirmed.

BANKRUPTCY – application for review of sequestration order made by Registrar – whether complaint to Judicial Commission other sufficient cause why a sequestration order ought not be made – whether complaint to Small Business Commission other sufficient cause why sequestration order ought not be made - no sufficient cause - application for review dismissed

MIGRATION – protection visa – application for review of a summary dismissal decision made by a Registrar – where an application for review of the delegate’s decision was lodged out of time and therefore Tribunal lacked jurisdiction – no jurisdictional error identified - application cannot succeed and is dismissed with costs

MIGRATION – Protection (Class XA) (subclass 866) visa – Refugee Review Tribunal – Application for Extension of Time – Delay of 5,184 days – No arguable jurisdictional error on proposed grounds – Extension of Time refused – Application for judicial review dismissed with costs

MIGRATION – Protection (subclass 866) visa – Application for review of Registrar’s dismissal of reinstatement application – Extension of time sought – Consideration of length of time and reasons for delay in filing review application – Consideration of reinstatement application –  Reasons for non-attendance at court leading to dismissal of substantive application wholly inadequate – evidence of applicant unreliable – Substantive application raised no arguable grounds – Extension of time refused  – Application for review dismissed with costs

BANKRUPTCY – VESTING ORDER AS TO DISCLAIMED PROPERTY – Where a bankrupt was the registered proprietor of Torrens system land – Where the Trustee disclaimed the property – Where the State of Victoria sought a vesting order – Where the Court considered it was just and equitable for the vesting of the property in the State of Victoria – Orders made

FAIR WORK – general protections application lodged one day after proscribed time – where short delay due to representative error - no particular prejudice to the respondent - at least the basis of a claim articulated – extension of time granted

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority (“IAA”) – whether the IAA’s decision was legally unreasonable –whether the IAA failed to consider relevant considerations or claims – application dismissed

MIGRATION – Decision of Administrative Appeals Tribunal – protection visa – where three Tribunal hearings held – whether failure by Tribunal to consider or engage with relevant evidence – jurisdictional error established – writs issued

FAIR WORK – alleged breach of contract – alleged underpayments and unlawful deductions in contravention of the Fair Work Act 2009 (Cth) with cross claim to rectify alleged overpayment – where the Applicant’s remuneration was reduced following the First Respondent’s loss of a significant contract and, subsequently, unilateral deductions were made.

GENERAL PROTECTIONS – various adverse actions including dismissal taken in alleged contravention of s.340 of the Act – where Applicant had complained about remuneration and was summarily dismissed for alleged serious misconduct in respect of communications with clients. 

BANKRUPTCY – Interlocutory Application – Ex tempore judgment – Application dismissed

BANKRUPTCY – Interlocutory Application – Application to set aside sequestration order – Application to recuse – Procedural fairness – Actual or apprehended bias – Application dismissed  

CONSTITUTION – Exercise of delegated power by Registrar – nature of de novo review

MIGRATION – Registrar’s decision affirmed and review dismissed as no arguable case for extension of time

MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review – Whether wrong legal test applied – Correct criteria applied – Whether unreasonable finding of effective state protection – Finding of effective state protection open on country information - Decision not legally unreasonable – No jurisdictional error found – Application for judicial review dismissed – Costs ordered.

MIGRATION – Extension of time in which to commence s 476 Migration Act review – foreshadowed challenge to rationally based credit findings of the Tribunal cannot succeed – not in the interests of justice to extend time – application to do so dismissed

MIGRATION – application for an extension of time – decision made by the Immigration Assessment Authority – protection visa – whether the underlying application for judicial review has merit – whether the Authority’s decision was unreasonable – underlying application has limited prospects of success – extension of time refused. 

FAIR WORK – dismissal in alleged contravention of ss 323, 340, 343, 344, 345 and 351 of the Fair Work Act 2009 (Cth) – complex background narrative – where applicant made requests to work from home between March 2022 and January 2024 – where applicant alleged requests constituted medically advised reasonable adjustments – where respondent determined applicant was unable to perform inherent requirements of the role – whether applicant possessed or exercised a workplace right – whether adverse action was taken as a result of the applicant’s exercise of a workplace right – consideration of complaints made by applicant – where applicant has failed to establish alleged contravention of the Act as claimed – application dismissed. 

MIGRATION – application for judicial review of Administrative Appeals Tribunal decision – whether Tribunal erred in finding that it had no jurisdiction – consideration of whether notification of decision to refuse the applicant’s visa satisfied the requirements of s.66(2)(d)(ii) – notification deemed valid – application dismissed with costs.

MIGRATION – judicial review – extension of time application – lengthy delay - whether satisfactory explanation for delay – merits of underlying application – extension of time refused

MIGRATION – judicial review – Administrative Appeals Tribunal decided it had no jurisdiction to consider application because application made or given to Tribunal one day outside prescribed period – whether error in Tribunal’s decision

MIGRATION – Business Skills (Residence) (Class DF) visa – application for judicial review – where Administrative Appeals Tribunal not satisfied applicant met two out of the three criteria in cl 892.212 of the Regulations – leave to amend application granted – treatment of policy in relation to calculating business assets – found Tribunal erred by imposing additional requirement not found in cl 892.212(c) – found error to be material – jurisdictional error established – writ of mandamus issued to Tribunal requiring it to determine the application for review according to law.

MIGRATION – Ex Tempore – Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal – Three grounds of judicial review – vehement disagreement with the outcome arrived at by the tribunal – allegation that the country material relied upon by the department was false – Grounds of judicial review have no merit – Application dismissed with costs.

INDUSTRIAL LAW – Where applicant failed to commence proceedings within 14 days of certificate issued by Fair Work Commission – whether time should be extended in circumstances where applicant chose to pursue alternative cause of action – extension of time refused

FAIR WORK – application for interlocutory injunction to restrain continuation of disciplinary process or investigation commenced by respondent against applicant and to restrain termination of employment – respondent concedes serious question to be tried – whether damages would be an adequate remedy – balance of convenience favours grant of injunction with modifications – consideration of terms of interlocutory injunction

FAIR WORK – CONTRAVENTIONS – Failure to comply with record keeping and payslip requirements contained in regulations 3.31, 3.33 and 3.46 Fair Work Regulations 2009 (Cth) required by s 535 and s 536 Fair Work Act 2009 (Cth) - Admissions made by way of agreed facts

FAIR WORK – PENALTY – Determination of civil penalties for admitted contraventions - Failure to make and keep record required by regulations – Failure to include prescribed information in pay slips - Whether record keeping obligations under regulations are a single contravention for the purposes of s 557(1) – Course of conduct – Majority of contraventions serious and significant breach of record keeping requirements – Consideration of specific and general deterrence – Penalties imposed