MIGRATION – application for an injunction to restrain the Minister from exercising power of removal under s 198(5) of the Migration Act 1958 (Cth) pending the determination of an application for review to the Administrative Review Tribunal of a decision not to grant a Bridging E visa on character grounds – whether the operation of s 198(5) is suspended or deferred for such time as is necessary for the application for review to be determined – operation of s 198(5) not suspended – application for an injunction is dismissed. 
 

MIGRATION – Review of delegate’s decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed.  
 

MIGRATION – Where applicant did not attend the hearing – where at hearing before this Court, the applicant raised “third party fraud” – whether evidence did not disclose fraud – application dismissed. 
 

MIGRATION – Whether the Tribunal had truly considered all of the circumstances before cancelling the visa – Circumstances not fully considered – writs issued. 
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing Medical Treatment visa – whether Sch 2 cl 602.215 should be applied – whether applicant genuinely intended to stay temporarily in Australia – - Tribunal failed to consider relevant information - no jurisdictional error established – application dismissed.  
 

MIGRATION – Partner (Provisional) (Class UF) (Subclass 309) visa – Administrative Appeals Tribunal –one ground of judicial review – whether the Tribunal made a jurisdictional error by cancelling the applicant’s visa - sole ground of judicial review has no merit – Application dismissed. 
 

"CORPORATIONS – Corporate party placed in liquidation – whether s.500(2) of the Corporations Act 2001 (Cth) imposed stay preventing court from delivering reserved judgment.

COURTS AND TRIBUNALS – Associated jurisdiction – nature of Federal Circuit and Family Court of Australia (Division 2)’s associated jurisdiction over matters arising under the Corporations Act 2001 (Cth) –  jurisdictional restriction imposed by s.58AA of the Corporations Act 2001 (Cth).

STATUTORY INTERPRETATION – generalia specialibus non derogant. "

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – constructive denial of access to mental health services due to societal stigma – whether claim arose on the materials – whether applicant expressly made claim – whether Tribunal addressed claim in finding of greater generality – jurisdictional error established – writs issued.
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal failed to provide applicant with opportunity to provide evidence – whether Tribunal breached s 426(3) of the Act - no jurisdictional error established – application dismissed.    
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether applicant denied procedural fairness – whether Tribunal’s reasoning process was illogical and unreasonable - no jurisdictional error established – application dismissed.   
 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – whether Authority failed to consider applicant was a child at time events occurred – whether Authority acted unreasonably in not exercising power under s 473DC to obtain English translation of document in foreign language - application dismissed. 
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal made an error in its assessment of the reasonableness of relocation under s 36(2B)(a) of the Act - no jurisdictional error established – application dismissed.   
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal was misdirected in its statutory task in determining the student visa application – whether applicant met cl 500.213(1) – exemption in cl 500.213(2)(d) did not apply - no jurisdictional error established – application dismissed.    
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant medical treatment visa – whether applicant satisfied Sch 2 cl 602.215 – whether applicant was genuine temporary entrant for purpose of medical treatment visa – whether applicant denied applicant procedural fairness - no jurisdictional error established – application dismissed.  
 

MIGRATION - application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) affirming refusal of a protection visa – whether the IAA failed to consider evidence or claims – whether the IAA’s decision was otherwise affected by relevant error – application dismissed. 
 

MIGRATION – application for an injunction to restrain the Minister from exercising power of removal under s 198(5) of the Migration Act 1958 (Cth) pending the determination of an application for review to the Administrative Review Tribunal of a decision not to grant a Bridging E visa on character grounds – whether the operation of s 198(5) is suspended or deferred for such time as is necessary for the application for review to be determined – operation of s 198(5) not suspended – application for an injunction is dismissed. 
 

"BANKRUPTCY – Service of Bankruptcy Notice – Whether Creditor’s Petition is defective – Claims of procedural and evidential irregularities and deficiencies – Assertion of counter-claim, set-off, or cross demand

INTERIM APPLICATION – Seeking extension of compliance with Bankruptcy Notice – Seeking of stay pending other proceedings and applications.  "
 

PRACTICE AND PROCEDURE - Duties of competence and compliance are not suspended simply because subject matter of litigation is migration – where applicant became represented 6 days before final hearing and solicitor sent correspondence to Court directing Court to adjourn

BANKRUPTCY – Ex Tempore – bankrupt failed to file a statement of affairs – trustee application under s 146 of the Bankruptcy Act 1966 (Cth) – pseudolegal argument - where the applicant alleges assents to legislation and appointments by the sovereign are invalid – application granted 
 

INDUSTRIAL LAW – review of a decision of a Registrar – hearing de novo – small claims jurisdiction – underpayment claim – casual cleaner over a six year period – agreed rates of pay and award rates of pay – calculation of underpayment – identification of the employer – jurisdiction not invoked – orders set aside
 

MIGRATION LAW – Extension of time application - applicant filed 249 days out of time – insufficient explanation as to delay – Tribunal’s found that the review application was filed out of time and it had no jurisdiction – reasonable prospects of success not established – extension of time not warranted – costs ordered  
 

MIGRATION – Cancellation of protection visa - Where the Applicant was granted a protection visa in 2011 – Where in 2020 the Minister gave the Applicant a notice of an intention to consider cancellation of the visa because he had not complied with s.101(b) of the Migration Act 1958 (Cth) because he had given incorrect information on his visa application – Where in his response to the Notice the Applicant conceded that he had given incorrect information – Where the Minister exercised the discretion to cancel the visa under s. 109 and the Tribunal confirmed the Minister’s cancellation decision – Whether the Tribunal failed to consider a claim that the Applicant feared harm because he was of Kurdish ethnicity and because if he returned to Iran he would do so as a failed asylum seeker – Whether the Tribunal put the Applicant on notice of the issues on review - Whether the Tribunal’s finding was unreasonable in the legal sense – Application dismissed. 
 

MIGRATION LAW – Where the ground of review was unparticularised and meaningless – where the applicants reasons for being in Australia were economically based – where no protection obligations were owed to the applicant – no jurisdictional error established – application dismissed. 
 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – whether Authority failed to consider matters, evidence or claims – whether applicant made claims to Authority which applicant contends in court proceeding Authority did not consider – reason Authority did not refer to matters in statement of reasons was because matters were not material – whether Authority made incorrect finding of fact – application dismissed 
 

MIGRATION LAW – Whether Tribunal erred in the way it considered the applicant’s claims – no jurisdictional error established – application dismissed.
 

MIGRATION – protection visa – judicial review of decision of Administrative Appeals Tribunal - where Minister concedes Tribunal was non-compliant with s 424A of the Migration Act 1958 (Cth) – whether error is jurisdictional – whether materiality is relevant - whether error leads to practical injustice – where relief is discretionary - whether useful result could ensue if the application were allowed – application dismissed 
 

MIGRATION – Partner (Residence) (Class BS) (Subclass 801) visa – judicial review of decision of Administrative Appeal Tribunal not to grant visa – where the Tribunal was satisfied applicant and sponsor were in a relationship that has ceased – where the applicant alleged family violence committed by former sponsor - where Tribunal found that evidence presented did not meet reg 1.24 requirements – where applicant claims they were not put on notice of dispositive issue and that the Tribunal conducted itself unreasonably – no error established 
 

MIGRATION LAW – judicial review of a decision of the Administrative Appeals Tribunal to not grant a student visa – genuine temporary entrant criterion – where no jurisdictional error was established 
 

MIGRATION LAW – Whether there was sufficient evidence before the Tribunal to enable it to make its findings – where there was evidence upon which the Tribunal’s findings were open – no jurisdictional error established – application dismissed. 
 

PRACTICE AND PROCEDURE – Application in a proceeding requesting transfer to Brisbane Registry - consideration of mandatory factors – transfer request granted 
 

INDUSTRIAL LAW – FAIR WORK – application for default judgment –– consideration of rr 13.04(2) and 13.05(2)(c) of the Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2021 (Cth) – alleged contraventions of ss 44, 323(1), 405 and 550(2) of the Fair Work Act 2009 (Cth) – whether the respondent was involved in the contraventions of the applicant’s employer – upon admissions taken to have been made by reason of the respondent’s default contraventions found and default judgment entered 
 

INDUSTRIAL LAW – Where the First Respondent committed contraventions of provisions of the Fair Work Act – where no contrition shown – where the respondents failed to participate in the proceeding – where the quantum of any pecuniary penalty ordered to be paid was required to deter the respondents from committing further contraventions – orders accordingly 
 

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s36(a) or (aa) –Delegate’s decision to refuse the grant of Protection (Class XA) (Subclass 866) affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed. 
 

MIGRATION – where the applicant granted a protection visa – where visa was subsequently cancelled pursuant to s 109 on basis of non-compliance with s 101 – where decision affirmed by the Tribunal - whether the Tribunal erred by failing to give proper consideration to the best interests of the Applicant’s children – where one of the children was an Australian citizen - the Tribunal failed to properly consider the best interests of the children – writs of certiorari and mandamus issued  

MIGRATION – Whether it was legally unreasonable for the Immigration Assessment Authority to not exercise its discretion under s 473DC of the Migration Act 1958 (Cth) in circumstances of partial acceptance of claim by delegate which Authority then rejected on the basis of demeanour in manner identified in ABT17  
 

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s 36(a) or (aa) – delegate’s decision to refuse the grant of the visa affirmed – where the applicant alleged erroneous findings in the tribunal’s decision –  found the error to be material – jurisdictional error established – application allowed.

MIGRATION LAW – Where the Authority was “not satisfied” that there were exceptional circumstances justifying the consideration of new information – where the Authority failed to properly carry out its role when considering whether there were exceptional circumstances justifying its consideration of new information – jurisdictional error established – application granted. 
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – applicant absent from Court hearing – dismissal for non-appearance  
 

MIGRATION – application for Skilled (Provisional) (Class VC) (Subclass 485) visa – Administrative Review Tribunal not satisfied that the applicant met cl 485.222 of Schedule 2 of the Migration Regulations – affirmed Delegate’s decision to refuse the application – application for judicial review – no meaningful grounds of jurisdictional error asserted – application for judicial review dismissed.
 

MIGRATION – application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision not to grant applicant the visa as applicant failed to satisfy cl 500.212(a) of the Regulations – whether Tribunal failed to take into account relevant considerations – found no jurisdictional error on behalf of the Tribunal – application dismissed.
 

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision not to grant applicant the visa as applicant did not comply with cl 500.212(a) of the Migration Regulations – whether Tribunal erred by failing to have regard to his passport – found no jurisdictional error on behalf of the Tribunal – application dismissed. 
 

BANKRUPTCY – Leave to proceed against a bankrupt in respect of a provable debt – relevant considerations.  

INDUSTRIAL LAW- Whether there was a breach of the Heads of Agreement - Whether the bonus term contained in the Heads of Agreement was void for uncertainty – Determination of the amount of profit derived under the bonus term - Whether the applicant was an officer of the company for the purposes of the Corporations Act 2001 -  Whether a breach of the employment contracts occurred- Whether there was a breach of fiduciary obligations - Breach of ss 90(2) and section 44 of the Fair Work Act 2009 - Failure to pay accrued annual leave – Claim successful in relation to the Respondent’s failure to pay the Applicants in accordance with the bonus term – Cross-claim successful in relation to the loss of sales commission. 
 

INTELLECTUAL PROPERTY - account of profits for infringement of registered trade marks – whether applicant is able to prove respondent made profit from the infringement of the applicant’s trade marks – profits not proved.   
 

MIGRATION – judicial review – application for reinstatement of judicial review application – where judicial review application was dismissed for non-appearance – whether applicant has arguable prospects of establishing that Tribunal’s decision was vitiated by jurisdictional error – where Tribunal dismissed review application after applicant failed to appear at hearing – where Tribunal confirmed dismissal decision after applicant failed to apply for reinstatement within prescribed period.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – no point of principle – application dismissed 

MIGRATION – Administrative Appeals Tribunal – Subclass 500 (Student) visa – grounds for cancellation of the visa existed – whether the Tribunal considered relevant information – grounds of judicial review have no merit – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) 
 

MIGRATION – Whether applicant was denied procedural fairness 

MIGRATION – protection (class XA) (subclass 866) visa – judicial review – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – where Minister’s delegate refused to grant applicant a visa – where Tribunal affirmed delegate’s decision – whether Tribunal’s decision was illogical, irrational or unreasonable – Tribunal’s decision attended by jurisdictional error – writ of certiorari issued – writ of mandamus issued