THE FEDERAL LAW REPORTS EDITOR VICTOR KLINE. Barrister-at-Law CONSULTING EDITORS ANTHONY DICKEY QC DR OREN BIGOS PRODUCTION EDITOR

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1 AUGUST 2014 Reports of the Supreme Courts of the Australian States when exercising Federal Jurisdiction, the Supreme Courts of the Northern Territory and Australian Capital Territory, the Family Court of Australia, the Federal Circuit Court of Australia and Federal Tribunals THE FEDERAL LAW REPORTS EDITOR VICTOR KLINE Barrister-at-Law CONSULTING EDITORS ANTHONY DICKEY QC DR OREN BIGOS PRODUCTION EDITOR SAARA BLOM CHARLES MARTIN JILLIAN PORTER REPORTERS MICHAEL WELLS RODEN PRITCHARD SARAH SOMERSET VOL 285 PART 1 PAGES 1-120

2 The mode of citation of this part will be: 285 FLR TABLE OF CASES REPORTED Part 1 Pages Aitkenhead v Kaufline (No 1) (ACT Sup Ct) Application by the Australian Federal Police (No 2), Re (Vic Sup Ct (Common Law Division)) Australian Securities Investments Commission (No 10); Chapel Road Pty Ltd (NSW Sup Ct) Berg; Thompson v (Fam Ct of Aust) Chapel Road Pty Ltd v ASIC (No 10) (NSW Sup Ct) Commonwealth; Vatarescu v (ACT Sup Ct)... 1 Immigration and Border Protection, Minister for; Montero v (Federal Circuit Court of Australia) Jovanovic; R v (ACT Sup Ct) Kaufline (No 1); Aitkenhead v (ACT Sup Ct) Magistrates Court of the Australian Capital Territory; Slipper v (ACT Sup Ct) Montero v Minister for Immigration and Border Protection (Federal Circuit Court of Australia) R v Jovanovic (ACT Sup Ct) Slipper v Magistrates Court of the Australian Capital Territory (ACT Sup Ct) Thompson v Berg (Fam Ct of Aust) Turner; Gorkowski v (Vic Sup Ct) Vatarescu v Commonwealth (ACT Sup Ct)... 1 (Cases in bold reported in this part) ISSN

3 Part 1 Pages BANKRUPTCY Cross vesting Property of Trustee in bankruptcy Transfer to Federal Court Of Special Federal Matters Proceeding not based on Federal Law Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth), ss 3, 4(1), 6. CONSTITUTIONAL LAW Parliamentary privilege Proceedings in Parliament Business of a House Words spoken or acts done in the course of, or for purposes of or incidental thereto Not all acts done by a parliamentarian Court entitled to determine facts and receive evidence Parliamentary Privileges Act 1987 (Cth), s 16 Bill of Rights 1688 (UK), Art 9. Slipper v Magistrates Court of the Australian Capital Territory and Others (ACT Sup Ct) CORPORATIONS Officers of Tortious acts of Misfeasance in public office Elements of Targeted malice Acts and common intention of officers Pleading and proof of Corporations Law 1989 (Cth), ss 13(1), 102, 826, 827, 837(2) Australian Securities and Investments Commission Act 1989 (Cth), ss 1(2), 8, 9, 59, 60. Chapel Road Pty Ltd v Australian Securities Investments Commission (No 10) (NSW Sup Ct) CRIMINAL LAW AND PROCEDURE Proceeds of crime Restraining orders Jurisdiction Ex parte application Property Money in foreign bank accounts In name of non-resident Whether Court has jurisdiction to deal with Proceeds of Crime Act 2002 (Cth), ss 18, 19. Re Application by the Australian Federal Police (No 2) (Vic Sup Ct (Common Law Division)) EVIDENCE Surveillance film Use of Disclosure of Definition of required document Definition of report Whether surveillance film is a report Motor Accident claim Road Transport (Third-Party Insurance) Act 2008 (ACT), ss 102, 105. Aitkenhead v Kaufline and Another (No 1) (ACT Sup Ct)... 40

4 FAMILY LAW AND CHILD WELFARE Pre-action procedures Whether Court Rules insufficient Whether Court Rules inappropriate Federal Circuit Court Act 1999 (Cth), ss 42, 43 Federal Circuit Court Rules 2001 (Cth), r Thompson v Berg (Fam Ct of Aust) IMMIGRATION Visas Employer nomination visas Requirement that applicant holds substantive visa at date of application Whether failure to meet requirement due to factors beyond the applicant s control Matter to be considered from practical or realistic sense Whether applicant has complied substantially with conditions of last substantive visa Requirement for substantial compliance with each condition, not merely conditions considered as a whole Migration Regulations 1994 (Cth), cl Montero v Minister for Immigration and Border Protection and Another (Federal Circuit Court of Australia) PRACTICE AND PROCEDURE Exhibits Access to By Media Right of Public to see Exhibits tendered in open court Publication of exhibits Access allowed unless express direction of the Court not to inspect Denial of access to exhibits in exceptional circumstances. R v Jovanovic (ACT Sup Ct) Jurisdiction Cross Vesting Supreme Court of Victoria Matters relating to Bankruptcy Bankruptcy Act 1966 (Cth) s 27 Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth), ss 3, 4(1), 6. Vexatious litigant Application to declare plaintiff as Meaning of frequently instituted vexatious proceedings in s 67A(2) of the Supreme Court Act 1933 (ACT) Whether appellate proceedings are to be counted separately from newly instituted proceedings in a court s original jurisdiction when assessing the number of proceedings as defined in s 67A(1) Whether the threshold set by frequently may be met where a plaintiff has instituted only one vexatious proceeding. Vatarescu v Commonwealth and Another (ACT Sup Ct)... 1 STATUTES Extraterritorial effect of Property in foreign country Proceeds of Crime Act 2002 (Cth), s 13. Re Application by the Australian Federal Police (No 2) (Vic Sup Ct (Common Law Division))... 31

5 TORTS Misfeasance in public office Elements of Targeted malice Statutory regulator Corporation Officers of Acts and common intention of Pleading and proof of Corporations Law 1989 (Cth) ss 13(1), 102, 826, 827, 837(2) Australian Securities and Investments Commission Act 1989 (Cth), ss 1(2), 8, 9, 59, 60. Chapel Road Pty Ltd v Australian Securities Investments Commission (No 10) (NSW Sup Ct)... 14