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Published last 24 hours
A listing of judgments published in the last 24 hours, with the most recently received listed at the top.
| NPA | Date | |
|---|---|---|
| Other Federal Jurisdiction | Al Muderis v Nine Network Australia Pty Limited [2023] FCA 1623 BROMWICH J EVIDENCE - where the applicant seeks to know the identity of 13 sources of information given to a journalist - where the respondents have refused to disclose their identities and claim statutory journalist privilege - where the applicant challenges the existence of the privilege and seeks to override the privilege under s 126K of the Evidence Act 1995 (Cth) - held: privilege established for all 13 sources; public interest in disclosing the 13 sources' identities not demonstrated by the applicant to outweigh the public interest in not disclosing their identities; application dismissed; applicant to pay respondents' costs. |
19 December 2023 |
| Commercial and Corporations | Crowley v Worley Limited (No 2) [2023] FCA 1613 JACKMAN J CORPORATIONS - representative proceedings - where listed company made announcements as to earnings expectations - whether representations constituted misleading or deceptive conduct - whether there was a reasonable basis for making the representations as to expectations of future earnings - attribution of knowledge to a corporation - whether breach of continuous disclosure obligations - contraventions established DAMAGES - whether group members suffered loss applying market-based causation - active indirect causation in relation to purchase of securities - primary counterfactual not made out - where there is no economic correspondence or equivalence - causation and loss not established HIGH COURT AND FEDERAL COURT - principles on remitter for further hearing and determination - extent to which findings of the primary judge disturbed on appeal - circumstances in which remitter judge bound by findings of appellate court and primary judge |
19 December 2023 |
| Administrative and Constitutional Law and Human Rights | BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201 MARKOVIC, DERRINGTON AND ANDERSON JJ MIGRATION - appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of the respondent's (Minister) decision to cancel appellant's Class AH Subclass 101 Child (Permanent) visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) (Cancellation Decision) - where notice of Cancellation Decision under s 501CA(3) of the Act (s 501CA(3) Notice) was handed to the appellant at correctional centre - where the Public Advocate, Office of the Public Advocate, was subsequently appointed as the appellant's guardian - construction of s 501CA(3) of the Act - whether the primary judge erred in failing to find that the s 501CA(3) Notice was not valid and effective - whether it was "practicable" within the meaning of s 501CA(3) of the Act to deliver the s 501CA(3) Notice to the appellant at the time and in the manner in which it was delivered - application for leave to raise new ground of appeal - whether more than one notification can be issued under s 501CA(3) of the Act - where merit of the proposed ground depends on the Court accepting dissenting reasons in BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 43 - leave refused - whether it was legally unreasonable for the Minister to provide the s 501CA(3) Notice to the appellant at the time it was issued in light of circumstances known to the Minister - appeal dismissed |
19 December 2023 |
| Commercial and Corporations | Diverger Limited, in the matter of Diverger Limited [2023] FCA 1614 MARKOVIC J CORPORATIONS - scheme of arrangement - first Court hearing - application for orders pursuant to s 411 and s 1319 of the Corporations Act 2001 (Cth) to convene meeting of the ordinary shareholders of the plaintiff - where proposed Scheme involves a mix of cash and scrip consideration - permitted dividend - where treatment of holders of performance rights and options is not class creating - ineligible shareholders - performance risk - break fee - exclusivity - shareholder communications - application allowed |
19 December 2023 |
| Commercial and Corporations | Pizzino v Caratti [2023] FCA 1624 COLVIN J PRACTICE AND PROCEDURE - application to strike out statement of claim - where not possible to ascertain causes of action with clarity - where claim of fraud and knowing participation in breach of trust not supported by material facts - where relief sought against non-parties - where respondent alleged application is out of time, is an abuse of process or is scandalous - where respondent did not seek order dismissing proceedings - statement of claim struck out - ordered applicants have liberty to replead - ordered statement of claim to be removed from court file |
18 December 2023 |
| Administrative and Constitutional Law and Human Rights | AJM18 v Federal Circuit and Family Court of Australia [2023] FCA 1625 O'BRYAN J MIGRATION - application for judicial review of decision of Federal Circuit and Family Court of Australia (Div 2) under s 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused applicant's application for extension of time to file an application for review of decision of Administrative Appeals Tribunal - application dismissed |
18 DECEMBER 2023 |
| Employment and Industrial Relations | Eltrak International and Staff Pty Ltd v Collins (No 2) [2023] FCA 1612 THOMAS J PRACTICE AND PROCEDURE - where orders were made for the production of devices - where respondent deposes to providing all devices in possession - where there is conflicting evidence - witnesses cross-examined in interlocutory hearing - not sufficient doubt to make orders sought - application dismissed |
15 DECEMBER 2023 |
| Administrative and Constitutional Law and Human Rights | CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1610 THOMAS J MIGRATION - Migration Act 1958 (Cth) - application for extension of time to apply for review of decision of Administrative Appeals Tribunal (Tribunal) not to revoke cancellation of applicant's visa - where Minister's delegate cancelled applicant's spouse visa under s 501(3A) - where different delegate decided not to revoke cancellation decision - where applicant in prison when notified of delegate's non-revocation decision - where Tribunal affirmed delegate's non-revocation decision - delay of three and a half years in lodging application for extension of time - whether necessary in the interests of the administration of justice to grant extension - whether reasonable explanation for delay - assessment of prospects of success of proposed application for review at a "reasonably impressionistic" level - extension of time refused |
15 DECEMBER 2023 |
| Administrative and Constitutional Law and Human Rights | EFM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1609 THOMAS J MIGRATION - offshore visa cancellation without notice under s 128 of the Migration Act 1958 (Cth) - where the appellant provided incorrect information in support of previous visa application - facial recognition software identified inconsistency - where appellant alleges cancellation deliberately delayed until the appellant was offshore so as not to give notice of intention to cancel visa - where appellant sought copies of unredacted document relating to the facial recognition software - leave to appeal refused |
15 December 2023 |
| Commercial and Corporations | Farmakis v Lo Pilato (Trustee) [2023] FCA 1611 THOMAS J PRACTICE AND PROCEDURE - bankruptcy - whether notice of objection to discharge applicant from bankruptcy invalid |
15 DECEMBER 2023 |
| Administrative and Constitutional Law and Human Rights | Kolora v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1583 THOMAS J MIGRATION - appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) - where FCFCOA dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - where Tribunal affirmed decision of delegate of Minister to refuse to grant the appellant a provisional partner visa - whether Tribunal erred in failing to take into consideration best interests of the appellant's Australian citizen child in considering whether compelling and compassionate circumstances could be established - appeal allowed |
13 December 2023 |
| Administrative and Constitutional Law and Human Rights | BKB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1584 THOMAS J MIGRATION - appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) - where FCFCOA dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - where Tribunal affirmed decision of delegate of Minister to refuse to grant the appellants protection visas - where first appellant had made requests for adjournment of Tribunal hearing - whether Tribunal gave active intellectual consideration to the requests - whether the refusal to grant an adjournment was legally unreasonable - no error made out - appeal dismissed |
13 December 2023 |
