MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – consideration of the genuine temporary entrant criterion – whether Tribunal failed to consider applicant’s evidence – whether Secretary breached s 352(4) – no jurisdictional error established – application dismissed

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal to not grant the primary applicant a student visa – primary applicant did not satisfy genuine temporary entrant criterion – whether the Tribunal failed to comply with s 360 of the Migration Act 1958 (Cth) – whether the Tribunal erred in relation to the evidence of the secondary applicant

MIGRATION – judicial review – decision not to grant a Student (Temporary) (Class TU) visa – dismissal for non-appearance

MIGRATION – Student (Temporary) (Class TU) visa – Administrative Appeals Tribunal – judicial review – jurisdictional error – failure to take into account relevant considerations – no jurisdictional error – application dismissed.

BANKRUPTCY – Annulment - application pursuant to s 153B of Bankruptcy Act for annulment of bankruptcy – whether sequestration order should ever have been made – where bankrupt contends that judgment debt obtained by fraud or misconduct of petitioning creditor or legal representatives – whether court should exercise discretion to go behind the judgment – where allegations about validity of judgment debt have previously been agitated – where Supreme Court of Victoria made findings about circumstances leading to default judgment – where this court previously held sequestration order properly made – whether s 153B gives rise to a new occasion for exercise of discretion to go behind judgment – whether discretion should be exercised 
BANKRUPTCY – Statement of Affairs - application pursuant to s 33A of Bankruptcy Act to amend date of filing Statement of Affairs – whether bankrupt’s statement of affairs should be deemed to have been filed at earlier time – whether bankrupt believes on reasonable grounds that statement of affairs was previously filed with Official Receiver – whether statement of affairs compliant – where no objective evidence of earlier filing – where later produced document has been signed and pre-dated - where no reasonable grounds for the claimed belief – consideration of grounds relevant to the exercise of Court’s discretion 
BANKRUPTCY – Proposal to Creditors for composition of debts - application for declarations and orders pursuant to s 73 of Bankruptcy Act requiring Trustee to put composition proposal to meeting of creditors – whether composition proposal is compliant with requirements of Act – whether mandatory for Trustee to convene meeting of creditors – where proposal is vague, confusing or otherwise inept – where proposal gives no guarantee or security of Trustee’s remuneration and costs and expenses of administration – where proposal leaves trustee exposed to ongoing costs after annulment – whether creditors can amend proposal at meeting - where judgment of Trustee is that composition proposal is non-compliant – whether court should exercise discretion to require proposal to be put to creditors

HUMAN RIGHTS – Public interest immunity claim over material produced – Disclosure of confidential information – Claim upheld.

MIGRATION – protection (subclass 866) visa – extension of time – where application to the (then) Administrative Appeals Tribunal to review delegate’s decision was made outside the time prescribed – where Tribunal found it had no jurisdiction – where proposed review grounds do not engage with the decision made by the Tribunal – whether the inclusion of a defunct email address in the delegate’s notification of decision rendered the notification defective – where judicial review application made 163 days out of time – where there is no acceptable explanation for delay – where there is no arguable case of jurisdictional error – application to extend the 35-day period is dismissed

MIGRATION – application for judicial review – Student (Subclass 500) visa – decision of Administrative Appeals Tribunal – where delegate determined that applicant was not a genuine temporary entrant – whether Tribunal was required to consider hardship – whether the Tribunal properly applied Ministerial Direction No 69 – no jurisdictional error – application dismissed

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa–– judicial review of a decision of the Administrative Appeals Tribunal – no approved nomination at time of decision – no jurisdictional error established – application dismissed

MIGRATION – Protection (Class XA) (Subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial review proceedings under s 477(2) of the Migration Act 1958 (Cth)– whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success – application dismissed

MIGRATION – Employer Nomination Regional Sponsored Migration Scheme Visa Subclass 187 Direct Entry – judicial review of a decision of the Administrative Appeals Tribunal – error of law – procedural fairness – jurisdictional error not established – application dismissed

MIGRATION – student (subclass 500) visa – visa cancelled – breach of condition 8202(2)(b) of schedule 8 to the Migration Regulations 1994 (Cth) – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – applications for judicial review must be made by applicants within 35 days of the date of the Tribunal’s decision – applicant filed application for judicial review 35 days after time elapsed – satisfactory explanation for the delay – satisfied it is necessary in the administration of justice to grant an extension of time – application for extension of time granted – judicial review – whether the Tribunal copied without attribution or acknowledgment the delegate’s decision – whether the Tribunal failed to bring it’s own independent mind to bear on the correct or preferable decision on review – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal failed to give clear particulars of information considered to be the reason, or part of the reason, for affirming decision under review – Tribunal’s decision attended by jurisdictional error – writ of certiorari issued – writ of mandamus issued

PRACTICE AND PROCEDURE – Application in a proceeding for lawyer for second respondent to be removed as lawyer on the record – relevant legal principles – applicant formerly deployed to mining sites by her employer – termination of applicant’s employment allegedly related, in part, to raising of sexual assault allegations concerning other employees on a mining site -  alleged sexual assault of current employee of a contractor reported at a mining site several months after termination of the applicant’s employment – applicant in correspondence with executives of miner and her former employer’s solicitors in relation to alleged sexual assault of current employee – whether solicitor acting as mere mouthpiece for former employer – whether solicitor misrepresented circumstances in relation to sexual assault – inherent jurisdiction of a court over its officers and processes – whether proper administration of justice requires that solicitor for former employer be restrained from acting for former employer. INDUSTRIAL LAW – Alleged contravention of general protections – alleged adverse action – termination of applicant’s employment.

INDUSTRIAL LAW – judgments and orders – slip rule - where pursuant to earlier reasons for judgment Court erroneously declared that second respondent failed to comply with three rather than with two compliance notices and erroneously ordered that the second respondent pay pecuniary penalties for three rather than two contraventions of s 716(5) of the Fair Work Act 2009 (Cth) – whether error due to accidental slip or omission – orders corrected pursuant to r 17.05(2)(h) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

INDUSTRIAL LAW – FAIR WORK – where judgment entered in favour of applicant for contraventions of the Fair Work Act 2009 (Cth) – penalties sought – consideration of factors relevant to penalty – where underpayment has not been rectified – where respondents have not engaged in any proceedings – where conduct demonstrates deliberate disregard for obligations under the Act - penalties ordered pursuant to s 546(1).

INDUSTRIAL LAW – general protections – whether adverse action taken against applicant – whether refusal to provide allegations details to the applicant constitutes adverse action – found refusal to provide details of the allegations does not constitute adverse action – whether the refusal to provide allegations details was because the applicant exercised a workplace right – found exercise of workplace rights were not operative reason for refusal to provide allegation details – whether a show cause letter constituted a threat to dismiss the applicant – found show cause letter does not convey a threat and accordingly does not constitute adverse action – reverse onus discharged by employer in relation to all three instances of adverse action – whether the respondent breached s 588 of the Workplace Injury Rehabilitation and Compensation Act 2013 by using a medical report to decide termination– found no tortious cause of action or breach of statutory duty – application dismissed.

MIGRATION – application for judicial review – Safe Haven Enterprise (Subclass 790) visa – where Immigration Assessment Authority affirmed the decision of the first respondent that the applicant is not a person in respect of whom Australia has protection obligations – whether the applicant was denied procedural fairness – found no unfairness arose – whether the Authority failed to exercise its discretion to obtain new information from the applicant under s 473DC – found the review was conducted in accordance with Part 7AA - found the Authority’s reasons for refusing to exercise its discretion under s 473DC were reasonable – found no jurisdictional error – application dismissed.

MIGRATION – application for judicial review – Safe Haven Enterprise (Subclass 790) visa – where Immigration Assessment Authority affirmed decision of first respondent that first applicant is not a person in respect of whom Australia has protection obligations – whether the Authority’s findings were illogical or unreasonable – whether the Authority’s decision lacked an evident or intelligent justification – found the Authority’s reasoning was intelligent and its conclusion was open to it – whether the Authority failed to consider certain country information – found the Authority did not expressly refer to the country information but did consider the substance of the information in its reasons – found no jurisdictional error – application dismissed.

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – application for judicial review filed out of time – extension of time application – whether there was an adequate explanation for a moderate delay – whether there was an arguable case of jurisdictional error – extension of time application refused

MIGRATION – application for judicial review –Temporary Protection (Class XD) visa – where applicant’s original Protection (Class XA) visa application taken to be a valid application for a Temporary Protection visa following legislative amendments – where Administrative Appeals Tribunal set aside decision of the first respondent and substituted it with a refusal to grant the applicant the visa –– where submissions raised by applicant sought impermissible merits review – grounds unparticularised –whether interpreter failed to interpret at hearing before Tribunal – whether Tribunal erred by making a finding that was illogical or irrational – found the Tribunal’s reasoning was open to it – found no jurisdictional error on behalf of the Tribunal – application dismissed.

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – consideration of the genuine temporary entrant criterion – whether Tribunal failed to have regard to the applicant’s circumstances on an intellectual level – no jurisdictional error established – application dismissed

MIGRATION – extension of time application – applicant filed 1 day out of time – Temporary Business Entry (Class UC) (Temporary Work) (Skilled) (Subclass 457) visa – where Tribunal affirmed a decision of the first respondent to refuse to grant the visa – where applicant was not the subject of an approved nomination in accordance with cl 457.233(4)(a) of the Migration Regulations 1994 – where applicant conceded sole ground of review did not establish jurisdictional error – found grounds of substantive application are not reasonably arguable – application dismissed.

FAIR WORK – Oral application for an adjournment of the hearing by the Applicant on 13 November 2024 – evidence in final hearing concluded on 8 November 2024 – proceeding commenced by Applicant on 4 July 2023, oral application for adjournment on 13 November 2024 opposed by Respondent, oral application for adjournment dismissed.

INDUSTRIAL LAW - admitted contraventions of s 716(5) and s 536(1) of the Fair Work Act 2009 (Cth) – declarations and orders made to give effect to admitted contraventions – assessment of pecuniary penalties.

PRACTICE AND PROCEDURE – Application to review decision of a Registrar to set aside a subpoena to produce documents – whether subpoena issued for a legitimate forensic purpose – whether “on the cards” that subpoenaed documents will materially assist – whether application for subpoena an abuse of process – whether other sufficient cause - whether new claims of negligence, defamation and victimisation material - whether issue estoppel based on findings in relation to same documents in earlier bankruptcy notice set aside proceedings –whether production of documents a breach of Harman Undertaking – whether iniquity rule applicable

BANKRUPTCY – Creditors petition – application to review decision of a registrar to set aside a subpoena to produce documents – principles in relation review of Registrar’s decision – whether monies owed – whether other sufficient cause

CONSUMER LAW - alleged misleading and deceptive conduct - subpoena compliance at issue - whether documents sought by subpoena subject to legal professional privilege – legal professional privilege engaged.

MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – refusal to grant Partner (Temporary) (Class UK) Subclass 820 visa – where applicant sought to satisfy visa criterion through claim of non-judicially determined family violence – where applicant failed to attend hearing before Tribunal – where Tribunal made a decision on the review without taking any further action to allow or enable the applicant to appear before it – where applicant failed to meet prescribed evidentiary requirements – no jurisdictional error – application dismissed

MIGRATION – application for judicial review – Medical Treatment (Visitor) (Class UB) (Subclass 602) visa – non-appearance at scheduled hearing – whether decision to decide review and not to dismiss relevant application was reasonable – issue of materiality – application dismissed.

MIGRATION – application for judicial review – protection visa – whether well-founded fear of harm – complementary protection – whether Tribunal considered gender in context of claims –whether failure to apply proper test for relocation – application dismissed.

MIGRATION – student (subclass 500) – visa cancelled – breach of condition 8202(2)(a) of Schedule 8 to the Migration Regulations 1994 (Cth) – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – judicial review – whether Tribunal failed to give the applicant a fair hearing – whether Tribunal misapplied the law – whether Tribunal failed to consider extenuating circumstances – whether Tribunal failed to consider compelling circumstances – whether Tribunal failed to consider relevant facts – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Administrative Appeals Tribunal – Partner (class UK) (subclass 820) cancellation under s 116(1)(g) - whether the Tribunal failed to balance different factors – whether reg 2.43(1)(oa) is inconsistent with the Migration Act 1958 (Cth) -  whether undue findings of s 116(1)(a) were made – whether any jurisdictional error exists – application dismissed.

MIGRATION –Student (Temporary) (Class TU) (Subclass 500) Higher Education Sector visa - application for judicial review – consent to review without a hearing – no duty to inquire about applicant’s consent – decision of Tribunal reasonable and logical - no jurisdictional error shown - application dismissed.

PRACTICE & PROCEDURE – where orders made requiring the respondents to enter an appearance and file a defence – where the respondents failed to comply with orders of the Court – where it was appropriate for judgment to be entered in default – orders accordingly. 

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA failed to apply correctly s 473DD of the Migration Act 1958 (Cth) in the manner contended by the applicant – whether the IAA failed to consider a claim or an integer of a claim – application dismissed

MIGRATION – application for review of a registrar’s decision – review application filed out of time – whether an extension of time should be granted – length of delay and explanation for that delay – any prejudice caused – merits of the underlying application for review – application dismissed.

MIGRATION – protection visa – application for judicial review of decision of Administrative Appeals Tribunal not to grant visa - claim of involvement with Malaysian gang members and illicit drug trafficking - whether Malaysian police and authorities can provide adequate protection - whether applicant a person of interest to authorities - where Tribunal found fear of persecution not well-founded - whether reasons of Tribunal internally incoherent - whether reasons legally unreasonable - reasons ambiguous but no jurisdictional error established

MIGRATION – Application for judicial review – cancellation of student visa – Convention of the Rights of the Child – whether claim was explicitly made or arose from material – whether Tribunal erred in considering – best interests of child – application allowed.

MIGRATION – Administrative Appeals Tribunal - student visa (class TU) (subclass 500) visa – Whether the applicant was enrolled in a course of study at the time of the Tribunal decision – Where the grounds of judicial review are not supported by particulars – No merit – Application dismissed.

MIGRATION – Where it was a pre-condition for the grant of the visa that there be an approved nomination in respect of the position the nominee sought to be employed in – where there was no approved nomination – no jurisdictional error established – application dismissed.

MIGRATION – Administrative Appeals Tribunal – Whether the Tribunal’s findings of a breach of condition 8202 were contrary to s 119 of the Migration Act 1958 (Cth) – Whether there was an obligation to put information to the applicant pursuant to s 359A – whether the Tribunal’s use of the term “fundamental breach” in relation to the student visa was legally unreasonable – no merit – application dismissed.

MIGRATION – Costs – Leave to file a Notice of Discontinuance – Costs consequent on filing of Notice of Discontinuance –  Order for costs in a fixed amount

BANKRUPTCY – Consequential issues following decision where creditor’s petition dismissed and sequestration order made by Registrar set aside – Order for unsuccessful creditor to pay the Trustee’s reasonable remuneration and expenses of administering the estate – Order for unsuccessful creditor to pay the Trustee’s costs of the proceeding – Whether costs of the respondent debtor should be taxed on an indemnity or standard basis – Order for unsuccessful creditor to pay the respondent debtor’s costs of the proceeding on a standard basis

 HUMAN RIGHTS – Application filed two days out of time – complaint terminated by Australian Human Rights Commission – extension of time granted

 MIGRATION – Registrar review application – where Applicant has requested multiple adjournments – whether a medical certificate provided by the Applicant is in accordance with Court orders – whether the matter should be summarily dismissed for non-compliance with orders – where Applicant’s case is hopeless in any event – application dismissed with costs.

MIGRATION – Administrative Appeals Tribunal – protection visa – whether a claim arose on the materials that the Tribunal did not consider – whether the Tribunal failed to afford the applicant procedural fairness.

MIGRATION – whether the Tribunal failed to carry out a proper review – whether the Tribunal misconstrued or misapplied the regulations – no jurisdictional error established – application dismissed.

MIGRATION – extension of time – 13 days out of time – protection visa – inadequate explanation for delay – no reasonably arguable case for jurisdictional error – application dismissed.

MIGRATION – Judicial Review of a decision of the Tribunal to refuse the applicant a student visa – Genuine temporary entrant criteria – application dismissed

MIGRATION – application for review of decision made by registrar – where registrar summarily dismissed application for judicial review of decision of Administrative Appeals Tribunal – no appearance by applicant – application dismissed – costs ordered

MIGRATION – Judicial review of a decision of the Administrative Appeals Tribunal affirming a refusal to grant student visa - Whether Tribunal misconstrued clause 500.212(a) of Sch 2 to the Migration Regulations 1994 – Where applicant wanted to support a family member in Australia for the duration of their, not indefinite, legal proceedings -  Where Tribunal found applicant did not satisfy cl 500.212 on the basis of cl 500.212(a) – Error of the kind identified in Eros - Jurisdictional error established