Judgments

FAIR WORK – assessment of pecuniary penalties following respondents’ admission of liability – declaration of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) made previously – orders made.

INDUSTRIAL LAW – INTERLOCUTORY APPLICATION – applicant seeking orders on default of first respondent – first respondent failed to defend proceedings with due diligence – appropriate to make orders sought.

INDUSTRIAL LAW – FAIR WORK – application for default judgment pursuant to r 5.11(c) of the Federal Circuit Court and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) – applicant seeking declarations of contraventions of the first respondent of ss 44, 45, 323, 340 and 536 of the Fair Work Act 2009 (Cth) – contraventions of civil remedy provisions – second and third respondents alleged to be involved in particular contraventions of the first respondent – default judgment entered – declarations of contraventions and orders for respondents to pay unpaid monies with interest, payment of loss of income, general damages – matter listed for penalty hearing. 

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal’s refusal of an adjournment was legally unreasonable – futility – application dismissed.

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the applicant was denied procedural fairness – whether the Tribunal failed to take into account relevant considerations or evidence – whether the Tribunal’s decision was otherwise affected by legally relevant error – application dismissed.

MIGRATION – application for judicial review – Student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision not to grant the applicants the visa – where the Tribunal found that the first applicant provided false or misleading information and therefore did not satisfy public interest criterion  4020 – whether the Tribunal denied the applicants natural justice – found that the Tribunal afforded the applicants natural justice pursuant to s 422B of the Migration Act 1958 (Cth) –  where the Tribunal decision is affected by bias – found that a fair-minded and appropriately informed lay observer would not reasonably apprehend bias on the part of the Tribunal – where the applicants raised an allegation of fraud on behalf of an immigration agent – found fraud not established – application dismissed. 

MIGRATION – application for review of a Registrar’s decision – hearing de novo of first respondent’s application for summary judgment – where applicants applied for judicial review of decision of Administrative Appeals Tribunal – Temporary Graduate (Post-Study Work) (subclass 485) visa – where Registrar summarily dismissed the applicants’ application for judicial review – whether Tribunal erred by conducting the hearing via telephone – found Tribunal conducted the hearing pursuant to the obligations in s 366(1)(a) of the Migration Act 1958 (Cth) – whether the Tribunal afforded the applicants procedural fairness – found the applicants were afforded procedural fairness – found grounds of review have no reasonable prospect of success – application dismissed. 

MIGRATION – Whether Tribunal conflated claims, failed to carry out forward-looking test and failed to engage with claims.

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal’s decision was unreasonable or illogical – application dismissed.

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

MIGRATION – Judicial review – Protection (Class XA) (Subclass 866) visa – Whether the Administrative Appeals Tribunal failed to comply with s 425(1) of the Migration Act 1958 (Cth) in failing to inform the first applicant of a dispositive issue in relation to country information – Whether the Tribunal failed to consider a claim or an integer of a claim being that the first applicant would be targeted by the Nepal Communist Party because of both his claim based on political opinion and his claim to be a member of a social group who was perceived as being wealthy due to his time overseas – Whether the Tribunal misused country information as to the treatment of returnees – No jurisdictional error disclosed – Application dismissed.

FAMILY LAW – CHILDREN – Parenting Orders – Child to spend time with the Father – Supervised time progressing to unsupervised time – Impact of conflict between parenting on functional decision making in relation to the child – Mother’s overseas travel with the child permitted.

FAMILY LAW – PROPERTY – Division of property – Proceeds of sale – Asset by asset or global approach – Financial and parenting contributions – Short Marriage – Future needs adjustment – Value of property – No evidence as to value in some instances.

FAMILY LAW – CHILD SUPPORT – Arrears – Application for child support departure order – Application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – Application for Review dismissed – Application to set aside costs order dismissed – Intervenors joined as parties to the proceedings.

MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal that it did not have jurisdiction to review a decision refusing to grant the applicant a student visa because no valid review application was made – whether the Tribunal was correct to find that the review application was made outside of the prescribed period – where the applicant’s authorised recipient failed to advise him of the delegate’s decision before the end of the prescribed period – whether complaints about the applicant’s agent amounted to jurisdictional error – whether the Tribunal acted unreasonably – no jurisdictional error – application dismissed. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal relied on incorrect information – where the Tribunal failed to ask relevant questions relating to harm – whether the Tribunal failed to afford the applicant a fair hearing due to interpreter errors – no jurisdictional error – application dismissed. 

MIGRATION – application for judicial review of a decision made by the Administrative Review Tribunal – whether the Tribunal failed to consider an integer of the applicant’s claim – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal relied on incorrect information or facts from a different case – whether the Tribunal failed to ask the applicant questions about the types of harm relevant in her case – no jurisdictional error – application dismissed. 

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his judicial review application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his judicial review application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

MIGRATION – application for review of Registrar decision refusing reinstatement – judicial review application dismissed for non-appearance – where applicant requires an extension of time to prosecute her review – judicial review application lacking in merit – review application dismissed with costs.

MIGRATION – Protection (Class XA) (Subclass 866) visa cancelled under s 109 of the Migration Act – previous remittal from this Court – where Administrative Appeals Tribunal affirmed delegate’s decision under review on basis that applicant did not satisfy s 101 – application for judicial review – whether Tribunal had regard to best interests of the children as a primary consideration – found Tribunal erred in failing to engage in weighing process – jurisdictional error established – writ of mandamus issued to Tribunal requiring it to determine the application for review according to law. 

MIGRATION – Immigration Assessment Authority – safe haven enterprise visas – whether the Authority erred in failing to consider new information – whether the Authority erred in failing to consider claims – whether the Authority’s reasoning was irrational.   

FAIR WORK – application for default judgment – where the first respondent has not complied with orders of the Court – consideration of rr 5.09, 5.11(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) – alleged contraventions of ss 536(1) and 716(5) of the Fair Work Act 2009 (Cth) – default judgment entered.

ADMIRALTY – urgent application - urgent order for defendant to have expert inspect vessel - plaintiff has been willing to identify it will permit an inspection occurring up to at least on 4 pm on 28 November 2025 – application dismissed.  

MIGRATION – Ex Tempore – Administrative Appeals Tribunal - Regional Sponsored Migration Scheme (subclass 187) visa– no approved nominator – where the applicant did not meet cl 187.233(3) – three grounds of judicial review – whether the Tribunal fell into error – whether the Tribunal failed to consider evidence – whether the Tribunal failed to apply the law – no jurisdictional error established – application dismissed with costs. 

MIGRATION – judicial review – extension of time application – where the Administrative Appeals Tribunal (the Tribunal) refused the grant of a protection visa – where there are no merits to the proposed application for judicial review – application dismissed.

MIGRATION – judicial review – Administrative Appeals Tribunal (the Tribunal) affirmed delegate’s decision refusing to grant a protection visa – Federal Court remitted matter to the Tribunal – whether the Tribunal failed to consider an integer of the claim – whether the Tribunal failed to complete the statutory review – whether the Tribunal failed to consider the applicant’s capacity to present arguments and give evidence – no jurisdictional error disclosed – application dismissed. 

MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – Review of registrar’s decision to dismiss reinstatement application – Whether any reasonable merit or any prospects of success in the application for judicial review – Whether in interest of justice to reinstate application for judicial review – Explanation for failing to appear inadequate – No reasonable prospects - Application dismissed.

MIGRATION – judicial review – where the Administrative Appeals Tribunal (the Tribunal) refused to grant the applicant a protection visa – alleged the Tribunal erred by placing weight on irrelevant material – alleged the Tribunal erred by failing to invite the applicant to comment on information pursuant to s 424A or s 424AA – alleged the Tribunal erred by failing to consider a particular social group (PSG) – alleged the Tribunal erred by failing to consider all the material before it – no jurisdictional error disclosed – application dismissed. 

MIGRATION – Ex Tempore – Medical Treatment (Visitor) (Class UB) (subclass 602) – Administrative Appeals Tribunal – four grounds of judicial review – whether the Tribunal failed to consider evidence – allegation of bias – grounds of judicial review have no merit – application dismissed with costs.

FAIR WORK – Prosecution for contraventions of the Fair Work Act – liquidation of first respondent employer –– admissions that Compliance Notice was not satisfied –underpayment of employees who suffered loss – admitted failure to provide payslips – finding by admission that second respondent involved in contraventions – imposition of civil penalties to be paid by the second respondent to the Commonwealth.

MIGRATION – application for reinstatement of proceeding – application for judicial review summarily dismissed by a judicial registrar – application for review of a registrar’s decision dismissed for non-appearance – underlying application for judicial review has limited prospects of success – reinstatement application dismissed. 

PRACTICE AND PROCEDURE – costs – application by successful applicant for costs in excess of scale amount – whether sufficient reason and in interests of justice to order costs in excess of scale amount – whether evidence in affidavit in support of application for costs adequate or sufficient.

PRACTICE AND PROCEDURE – costs – application by unsuccessful party for costs thrown away by late service of amended application. 

BANKRUPTCY – application for delivery of vacant possession of property and for orders for sale of property – property vested in the trustees pursuant to ss 58 and 116 of the Bankruptcy Act 1966 (Cth) – application allowed – orders made consistent with trustees’ obligations under s 30 of the Act. 

MIGRATION – application for judicial review – decision made by the Immigration Assessment Authority – protection visa – whether the IAA’s decision unreasonable or illogical – IAA made coherent factual findings – application dismissed. 

MIGRATION – application for judicial review – decision made by the Administrative Appeals Tribunal – protection visa – whether the Tribunal complied with ss 424A, 424AA of the Migration Act 1958 (Cth) – meaning of ‘information’ for the purposes of ss 424A, 424AA – Tribunal not required to disclose its thought process – application dismissed. 

MIGRATION – Extension of time in which bring proceeding – declined as no arguable ground of review and no adequate explanation for the delay.  

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal overlooked or failed to consider matters – no point of principle – application dismissed.

MIGRATION – subclass 600 Visitor visa – Administrative Appeals Tribunal – three grounds of judicial review – whether the Tribunal failed to consider the applicant’s past applications – whether the Tribunal failed to consider documents submitted – third ground is a mere expression of dissatisfaction with the Tribunal’s decision – grounds of judicial review have no merit – application dismissed with costs. 

COSTS – Fair work application – alleged contravention of a general protection – application unsuccessful – whether no reasonable cause of action – whether repleading of accessorial liability during hearing an unreasonable act or consequent upon an unreasonable omission causing other party to incur costs. 

INDUSTRIAL LAW – Alleged contravention of a general protection repleading of accessorial liability during hearing – respondents’ reasons for termination believed – application unsuccessful.

MIGRATION – Power of Tribunal to adjourn – Tribunal adjourns future hearing as Tribunal member unavailable due to circumstances beyond control – short adjournment of six weeks – by time of adjourned hearing applicant had turned 23 and faced a new visa condition she could not satisfy – wide discretion to adjourn – intelligible and evident justification – no jurisdictional error – application dismissed.

MIGRATION – Extension of time in which bring proceeding – declined as no arguable ground of review and no adequate explanation for the delay.

MIGRATION – Judicial Review – protection visa – whether Tribunal failed to correctly apply the ‘real chance’ test in s 5J of the Migration Act 1958 (Cth) – whether Tribunal failed to consider a claim or an integer of a claim – whether Tribunal’s decision was legally unreasonable – allegations of mischaracterisation of the applicant’s evidence and misuse of country information – no jurisdictional error established – application dismissed.

MIGRATION – Extension of time – principles – no explanation for delay – no arguable case of error – extension refused.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa - whether the Tribunal erred in adequately assessing the applicant’s well-founded fear of persecution due to link to  ‘particular social group’  - whether the Tribunal misconstrued or misapplied s 36(2)(aa) – whether the Tribunal failed to afford the applicant procedural fairness - no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – extension of time application - extension of time refused – costs ordered.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – where Tribunal found applicant to be not a credible witness – whether Tribunal erred in weight placed on medical report - no jurisdictional error established – application dismissed.

MIGRATION – Judicial Review – student visa refusal – whether Tribunal considered applicant’s claims – whether Tribunal misapplied relevant legislation – where applicable Ministerial Direction was revoked and replaced in the course of the Tribunal proceedings – whether Tribunal erred in failing to notify the applicant of the change in the applicable Ministerial Direction and request information pursuant to that Ministerial Direction before proceeding to a decision – no jurisdictional error established – application dismissed. 

MIGRATION - Safe Haven Enterprise (Class XE) (subclass 790) – Application for judicial review – Whether the Authority failed to consider a necessary and relevant consideration – Whether illogical and unreasonable to reject evidence as unreliable or fabricated – Whether illogical, irrational or unreasonable to determine that such evidence undermined credibility – No jurisdictional error – Application dismissed. 

MIGRATION LAW – Application for judicial review of the tribunal – Medical Treatment Visitor Class UB Visa application – Applicant not 50 years of age – whether applicant genuinely intended to remain in Australia on a temporary basis – not gravely ill or receiving intensive or critical care – application dismissed.

INDUSTRIAL LAW – general protections – whether the applicant had a workplace right – whether the applicant exercised a workplace right – whether adverse actions was taken because the applicant exercised a workplace right – whether the exercise of workplace rights by the Applicant was a substantial and operative reason for dismissal – whether the respondent failed to discharge the reverse onus in s 361 of the Fair Work Act (Cth) – reverse onus engaged – declarations made.