MIGRATION – Immigration Assessment Authority – refusal of Safe Haven Enterprise Visa (SHEV) (Subclass 790) visa – whether the Authority committed jurisdictional error by failing to apply the well-founded fear test – whether the Authority failed to consider the prevalence of torture in Sri Lanka – no jurisdictional error – application dismissed.

MIGRATION – Administrative Appeals Tribunal – Partner (Provisional) (Class UF) (subclass 309) visa – whether the Tribunal understood and considered applicant’s claims when deciding to exercise its discretion under s 116 of the Act – no jurisdictional error made out – application dismissed.

BANKRUPTCY – Creditor’s petition – No matter of principle

FAIR WORK – application for costs

MIGRATION -  judicial review – decision of Administrative Appeals Tribunal – protection visa – whether Tribunal failed to consider claims or documents - no jurisdictional error established – application dismissed.

MIGRATION – application for judicial review – matter listed for final hearing – no appearance by or on behalf of the applicant – application dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) 

PRACTICE AND PROCEDURE – Costs – Application for costs where the applicant was successful in the substantive proceeding – Where the criteria for costs ordered on an indemnity basis was not satisfied – Costs ordered in accordance with the Court’s scale

CONSUMER LAW – Chattel mortgage of motor vehicle (“Vehicle”) – security interest registered under the Personal Property Securities Act 2009 (Cth) – application for orders sanctioning seizure of Vehicle. 

INDUSTRIAL LAW – FAIR WORK – on remittal from the Full Court of the Federal Court – lengthy procedural history – initial application filed in 2015 – Letter from company to prospective employees – Full Court found letter contained threats to take adverse action – whether the Letter was sent with an intention to prevent the exercise of workplace right – consideration of chief operating officer’s evidence both at the first trial and re-trial – witness found to be credible – finding that letter not sent for proscribed purpose – section 340 and 343 claims not made out

PRACTICE AND PROCEDURE – procedural issue – whether judgment can be delivered when court advised after judgment reserved the respondent was placed in administration – operation of section 440D of the Corporations Act 2001 (Cth) – liberty to apply

MIGRATION – application for judicial review – protection visa – review of a decision of the Administrative Appeals Tribunal – where the Tribunal made adverse credibility findings – whether the Tribunal’s findings were legally unreasonable – application dismissed 

MIGRATION – application for judicial review – medical treatment visa – review of a decision of the Administrative Appeals Tribunal - whether the Tribunal acted unreasonably in relation to the request for an extension of time – whether the Tribunal’s decision was affected by apprehended bias – no jurisdictional error established - application dismissed.

MIGRATION – Extension of time application – Short delay and satisfactory explanation – no prospects of success – application dismissed

MIGRATION – Whether the Tribunal conducted a proper review – whether the decision of the Tribunal was attended with any irrationality or illogicality – no jurisdictional error established – application dismissed.

MIGRATION – Whether the Tribunal carried out a proper review – whether the Tribunal misdirected itself as to its consideration of the relevant criteria under PIC 4020 – no jurisdictional error established – application dismissed.

MIGRATION – urgent interlocutory application to restrain Minister from removing applicant from Australia – whether serious question to be tried – whether damages an insufficient remedy – where balance of convenience lies – application dismissed.

PRACTICE AND PROCEDURE – Costs – Application for costs where the applicant was successful in the substantive proceeding – Where the criteria for costs ordered on an indemnity basis was not satisfied – Costs ordered in accordance with the Court’s scale

INDUSTRIAL LAW – FAIR WORK – on remittal from the Full Court of the Federal Court – lengthy procedural history – initial application filed in 2015 – Letter from company to prospective employees – Full Court found letter contained threats to take adverse action – whether the Letter was sent with an intention to prevent the exercise of workplace right – consideration of chief operating officer’s evidence both at the first trial and re-trial – witness found to be credible – finding that letter not sent for proscribed purpose – section 340 and 343 claims not made out

PRACTICE AND PROCEDURE – procedural issue – whether judgment can be delivered when court advised after judgment reserved the respondent was placed in administration – operation of section 440D of the Corporations Act 2001 (Cth) – liberty to apply

MIGRATION – application for judicial review – protection visa – review of a decision of the Administrative Appeals Tribunal – where the Tribunal made adverse credibility findings – whether the Tribunal’s findings were legally unreasonable – application dismissed

MIGRATION – application for judicial review – medical treatment visa – review of a decision of the Administrative Appeals Tribunal - whether the Tribunal acted unreasonably in relation to the request for an extension of time – whether the Tribunal’s decision was affected by apprehended bias – no jurisdictional error established - application dismissed.

MIGRATION – Extension of time application – Short delay and satisfactory explanation – no prospects of success – application dismissed

MIGRATION – Whether the Tribunal conducted a proper review – whether the decision of the Tribunal was attended with any irrationality or illogicality – no jurisdictional error established – application dismissed.

MIGRATION – Whether the Tribunal carried out a proper review – whether the Tribunal misdirected itself as to its consideration of the relevant criteria under PIC 4020 – no jurisdictional error established – application dismissed.

MIGRATION – urgent interlocutory application to restrain Minister from removing applicant from Australia – whether serious question to be tried – whether damages an insufficient remedy – where balance of convenience lies – application dismissed.

INDUSTRIAL LAW – Whether Applicant subject to adverse action for making complaint or inquiries – whether, inter alia, a failure to act may be considered adverse action – HELD that a failure to act is not adverse action in this matter – HELD further adverse action not taken for the making of complaints or inquiries.  

INDUSTRIAL LAW – Whether Applicant subject to adverse action because of mental disability – where Applicant sent an email to the effect he was having a hard time and close to losing it all – whether Applicant has established he has a mental disability – HELD Applicant has not established he has a mental disability and he was not subject to adverse action because of a mental disability. 

INDUSTRIAL LAW – Whether Applicant subject to adverse action because of family or carer’s responsibilities – HELD Applicant not subject to adverse action because of family or carer’s responsibilities.  

INDUSTRIAL LAW – application to strike out statement of claim because it does not allege or sufficiently allege material facts that reasonably enable the respondent to meet the case against it – statement of claim be struck out with leave to replead.

INDUSTRIAL LAW – Practice and Procedure – objections to categories of documents sought by subpoena – objections determined and relevant orders made

MIGRATION – Application for Judicial Review of reasons of the Immigration Assessment Authority – whether there was a failure to consider claims – whether the Authority made findings that were unreasonable – HELD that no error established – Application dismissed.

MIGRATION – protection visa – whether the IAA failed to make a finding – whether the IAA was required to make a finding regarding authenticity of an arrest warrant – whether sufficient to merely record concerns with critical evidence – whether concerns regarding the arrest warrant constituted fraud – jurisdictional error established – writs issued.

MIGRATION – Protection (Class XA) (Subclass 866) visa –– judicial review of decision of the Administrative Appeals Tribunal –– failure to consider claims –– error of law – no jurisdictional error established – application dismissed

MIGRATION – application for judicial review – matter listed for final hearing – no appearance by or on behalf of the applicant – application dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)

MIGRATION – Student (Subclass 500) visa – decision of the Administrative Appeals Tribunal – where delegate determined that applicant not a genuine temporary entrant – where Tribunal found the applicant did not satisfy the primary criterion pursuant to cl 500.212 – no jurisdictional error – application dismissed

MIGRATION – student (subclass 500) visa – decision of the (then) Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – oral application to dismiss pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – 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.

BANKRUPTCY - review of Registrar’s decision to make a sequestration order – hearing de novo – validity of bankruptcy notice – section 41(5) applies – whether applicant debtor is insolvent – application dismissed

MIGRATION – Safe Have Enterprise visa – application for judicial review of decision of the then Immigration Assessment Authority – where the Authority constructively failed to exercise its jurisdiction to determine if the Applicants met the criteria as members of the same family unit of a non-citizen who met the criterion at s.36(2)(a) and/or (aa) – application allowed with costs

FAIR WORK - Whether employee or independent contractor – accessorial liability – unchallenged evidence of applicant –entitlements pursuant to modern award

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – where the Authority failed to consider new information against the requirements of s 473DD of the Migration Act 1958 (Cth) – whether that failure was material – whether the Authority asked itself the wrong question in deciding not to exercise its discretion in s 473DC of the Migration Act to get new information from the applicant at an interview – whether the Authority unreasonably failed to exercise, or considering exercising, its discretion in s 473DC of the Migration Act to get new information from the applicant – whether the Authority made a finding that was illogical or irrational – jurisdictional error established – writs issued.

INDUSTRIAL LAW – Practice and Procedure – determination of notices of objection to categories of documents called by subpoenas the applicant caused to be issued

MIGRATION – protection visa – application for extension of time to review decision of AAT–whether proper explanation of delay - consideration of the interest of the administration of justice –decision-maker’s duty to make inquiries – procedural fairness – application for extension of time dismissed

MIGRATION – application for review of decision made by registrar – where registrar summarily dismissed application for judicial review of decision of Administrative Appeals Tribunal – de novo hearing – whether applicant has reasonable prospects of success on the substantive application – extension of time refused – costs ordered 

INDUSTRIAL LAW – where employee of deregistered company alleges that sole director of the company was involved in the company’s failure to make payments in accordance with an award – whether award covered the employee’s employment – whether company failed to make payments it was required to make under the award – whether sole director of the company was a person involved in company’s failure to pay amounts it was required to pay under the award – employee establishes that he was covered by the award and the company had failed to make payments to the employee it was required to make under the award but employee fails to establish that the sole director was involved in the company’s failure to comply with the award – application dismissed.

MIGRATION – Application for extension of time to bring application for review – where the substantive application for review was without merit and futile – where application for extension of time dismissed accordingly. 

MIGRATION – Immigration Assessment Authority – protection visa – whether there was a fraud on the Authority by the applicant’s agent – whether the agent inaccurately advised the applicant that he could not submit new information to the Authority – whether it was unreasonable for the Authority to not seek further submissions from the applicant when it was apparent that the submissions that had been lodged contained information unrelated to the applicant

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – judicial review – refusal of Student (Temporary) (Class TU) (Subclass 500) visa –whether the Tribunal denied procedural fairness to the applicant – inappropriate to infer proceedings brought for ulterior purpose – no jurisdictional error established – application dismissed

INDUSTRIAL LAW – breaches of civil remedy provisions of the Fair Work Act 2009 (Cth) – declarations of breach – imposition of pecuniary penalties – relevant considerations. INDUSTRIAL LAW – Fair Work Act 2009 (Cth) - Compliance notice – contravention – whether compensation for contravention available.

INDUSTRIAL LAW - Where respondent underpaid his employee – where applicant served a Compliance Notice upon the respondent – where the respondent co-operated with the applicant during the course of the proceeding and remedied all underpayments – where a Statement of Agreed Facts was filed – declaration made accordingly.

BANKRUPTCY – COSTS – whether costs should be awarded following successful application of trustee – where respondents have not participated in proceedings – exercise of court’s discretion – costs awarded in fixed sum

MIGRATION – Protection visa – Application for extension of time to commence judicial review application – Where there is a delay of 16 months – Where no satisfactory explanation for the delay – Where the “real chance” test under the refugee criterion and the “real risk” test under the complementary protection criterion import the same test – Where the Tribunal found that there was not a “real chance” or a “real risk” because the  chance or risk of harm was remote or insubstantial if the Applicant returned to the receiving country – Where the proposed grounds of judicial review are not reasonably arguable – Application for extension of time dismissed

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – whether the Department failed to invite the applicant to attend an interview – whether the Tribunal failed to provide the applicant with an opportunity to provide information – whether the Tribunal failed to comply with the guidelines set out in The United Nations High Commissioner for Refugees’ “Handbook on Procedures and Criteria for Determining Refugee Status” – whether the Tribunal failed to consider relevant information – whether the Tribunal exceeded its jurisdiction by inviting the applicant to attend a hearing – no jurisdictional error – application dismissed.  

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – application for an extension of time – lengthy delay – no prejudice – inadequate explanation provided – no arguable case of jurisdictional error – extension of time refused.