COPYRIGHT – consideration of whether copyright continues to subsist in an artistic work described as the “Membership Card image” authored by a United States citizen in the United States of America in 1954

COPYRIGHT – consideration of whether the 1954 work authored by a man by the name of “Sundown” is an anonymous work or a pseudonymous work – consideration of whether the relevant corporation in the United States of America is the owner of the copyright subsisting in the work in suit – consideration of the evidence and statutory provisions going to the question of whether that corporation is the owner of the copyright work in suit having regard to the application of the domestic copyright law of Australia

COPYRIGHT – consideration of whether the applicant is an exclusive licensee of the contended grantor of the exclusive licence having regard to the integers of the term “exclusive licensee” in s 10(1) of the Copyright Act 1968 (Cth)

COPYRIGHT – consideration of whether a work described as the “Fuki current Death Head design” is a derivative work and whether copyright subsists in it independently of the “Membership Card image”

COPYRIGHT – consideration of whether the first respondent has exercised any one of the relevant exclusive rights of the copyright owner on the assumption that ownership of the copyright as contended is made out

TRADE MARKS – consideration of whether the applicant is an authorised user of the trade marks in suit having regard to the integers of s 8 of the Trade Marks Act 1995 (Cth)

TRADE MARKS – consideration of whether the first respondent has infringed the registered trade marks in suit having regard to the elements of s 120(1) and s 120(2) of the Trade Marks Act – consideration of the question of damages and exemplary damages

TRADE MARKS – consideration of a cross claim by the first respondent for an order directing the Registrar of Trade Marks to remove the registered trade marks of Hells Angels Motorcycle Corporation of the United States from the Register

INTELLECTUAL PROPERTY – consideration of whether the applicant has standing to bring the proceedings

MIGRATION – student visa – application for extension of time within which to appeal a decision of the Federal Circuit Court – where the Federal Circuit Court found no jurisdictional error in the decision of the Tribunal – impermissible merits review – insufficient merit to warrant the grant of leave for an extension of time

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0389

CORPORATIONS – regulatory action – companies operating managed investment schemes contrary to Corporations Act 2001 (Cth) – numerous breaches – consent orders winding up company and schemes

NATIVE TITLE – application to remove party from proceedings – where applicant is a member of the claim group – where respondent identifies as a member of another group – whether applicant adequately represents respondent’s interests – respondent removed from proceedings

WORKERS’ COMPENSATION – Safety, Rehabilitation and Compensation Act 1988 (Cth) – appeal on questions of law from a decision of the Administrative Appeals Tribunal – statutory construction – where injury “does not include a disease… suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment" – whether Tribunal misconstrued or misapplied this statutory provision – whether error in respect of one integer infected the Tribunal’s conclusion in relation to another
ADMINISTRATIVE LAW – appeal on questions of law from a decision of the Administrative Appeals Tribunal – Commonwealth workers’ compensation – statutory construction – where injury "does not include a disease… suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment" – whether Tribunal misconstrued or misapplied this statutory provision – whether error in respect of one integer infected the Tribunal’s conclusion in relation to another

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0172

PRACTICE AND PROCEDURE – notice of appeal – failure to state grounds of appeal – decision not attendant with arguable appellable error – appeal dismissed
PRACTICE AND PROCEDURE – respondent corporation not represented by a lawyer – compliance with rule dispensed with – compliance would be an unnecessary formality

CORPORATIONS – application for an extension of time for the respondents to file a notice of cross-claim – whether there was an “acceptable explanation" for the delay in filing – whether there was any prejudice to the respondent – whether the application had merit – where leave was granted

SOCIAL SECURITY – appeal against decision of the Administrative Appeals Tribunal to refuse Disability Support Pension – residency requirements – claim that hearing inadequate – whether applicant had right to legal representation – claim of failure to provide relevant document – no error of law – application dismissed

MIGRATION – student visa – whether jurisdictional error arose by denying the First Appellant’s elder son the opportunity to translate – where no error identified – where any error, as alleged, would be immaterial Held: appeal dismissed

MIGRATION – appeal from orders of the Federal Circuit Court dismissing the appellants’ application for judicial review of a decision by the Immigration Assessment Authority under Part 7AA of the Migration Act 1958 (Cth) – where IAA affirmed delegate’s decision refusing to grant the appellants a protection visa – whether Authority made a jurisdictional error by misunderstanding or misapplying s 473DD in relation to new information provided – whether Authority made a jurisdictional error by making an adverse credibility finding based on a misunderstanding of evidence

PRACTICE AND PROCEDURE – application pursuant to r 21.01 of the Federal Court Rules 2011 (Cth) for an order that the Applicant provide written answers to interrogatories – whether such an order is necessary for the fair disposition of the proceeding or to save costs – application refused.
PRACTICE AND PROCEDURE – application by interlocutory application for leave to issue two subpoenas for two persons to attend trial to give evidence – consideration of circumstances in which the Court grants leave – leave granted.

PRACTICE AND PROCEDURE – application for stay of proceedings – allegation that all judges of this Court have a conflict of interest – application dismissed

MIGRATION – student visa – application for extension of time within which to appeal a decision of the Federal Circuit Court – where the Federal Circuit Court found no jurisdictional error in the decision of the Tribunal – impermissible merits review – insufficient merit to warrant the grant of leave for an extension of time

CORPORATIONS – application for interim stay of winding up orders

PRACTICE AND PROCEDURE – dismissal of appeal for want of appearance by appellant

MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia (“FCC") – whether FCC erred in failing to find jurisdictional error in the decision of the Administrative Appeals Tribunal ("Tribunal") – exercise of power under s 426A of the Migration Act 1958 (Cth) – whether Tribunal should have offered the appellant an opportunity to make comments or provide more detailed information before making its decision – where the appellant had notice of, and opportunity to present further evidence and information to the Tribunal – appeal dismissed

MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia (“FCC") – whether FCC erred in failing to find jurisdictional error in the decision of the Administrative Appeals Tribunal ("Tribunal") – whether the Tribunal took into account an irrelevant consideration – whether it was appropriate for the Tribunal to take into account the interactions of the appellant with Malaysian authorities in obtaining identity documents in considering whether the appellant held a well-founded fear of being persecuted by the Malaysian authorities – appeal dismissed

MIGRATION – appeal from the Federal Circuit Court – where the primary judge dismissed the application for judicial review of a decision of the Immigration Assessment Authority – nature of the Pt 7AA regime – consideration of new information – where the Authority made adverse credibility findings – where the Authority made a finding open to it based on the country information