Browse Federal Court JudgmentsBy Judge - Anderson J |
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1. Nikolic v Twitter International Company [2025] FCA 345
| PRACTICE AND PROCEDURE – power exercised by registrar to declare originating application was not duly served under r 13.01(1)(c) of the Federal Court Rules 2011 (Cth), and to set aside originating application under r 13.01(1)(a) – application |
| Date: 10 Apr 2025 Judge: ANDERSON J |
2. Australian Energy Regulator v Jemena Eastern Gas Pipeline (1) Pty Ltd [2025] FCA 338
| CONSUMER LAW – application for declarations of contraventions of rr 653(1)(a) and r 659(1) of the National Gas Rules – where respondents admitted contraventions of the Rules – civil penalties sought for contraventions of r 659(1) – where |
| Date: 10 Apr 2025 Judge: ANDERSON J |
3. Ford, in the matter of Fastline Logistics Pty Ltd (in liq) v Lay [2025] FCA 346
| BANKRUPTCY AND INSOLVENCY – application made alleging double illegal phoenix activity – where company entered into loan agreement with related entity and provided part of business as security – where company was experiencing cash flow issues |
| Date: 10 Apr 2025 Judge: ANDERSON J |
4. Rock Solid Industries International (Pty) Ltd v Ozi 4X4 Pty Ltd [2025] FCA 334
| DAMAGES – assessment of damages for infringement of registered designs – where default judgment was entered against respondent granting injunctive and declaratory relief – where applicant sought damages to reputation and additional damages – |
| Date: 8 Apr 2025 Judge: ANDERSON J |
| PRACTICE AND PROCEDURE – Application to recuse on the grounds of apprehended bias – application for split trial – comments made regarding triviality and witness shopping at case management hearing – principles regarding reasonable |
| Date: 7 Apr 2025 Judge: ANDERSON J |
6. Construction, Forestry and Maritime Employees Union v Brandon-Baker [2025] FCA 277
| INDUSTRIAL LAW – whether notice requiring production of documents issued pursuant to s 712 of the Fair Work Act 2009 (Cth) is valid – whether notice sufficiently identifies the conduct being investigated – consideration of particularity of |
| Date: 28 Mar 2025 Judge: ANDERSON J |
7. Palmer v Shipton [2025] FCA 273
| PRACTICE AND PROCEDURE – allegation of misfeasance in public office brought against chair of ASIC in relation to handling of complaints submitted by applicants – applications for strike out and summary judgment – where allegation made that the |
| Date: 28 Mar 2025 Judge: ANDERSON J |
| CORPORATIONS - insolvency - application by unsecured creditor under s 564 for priority repayment of funds advanced to liquidators used to recover funds available in insolvency - where plaintiff was the only plausible creditor to advance funds to |
| Date: 20 Feb 2025 Judge: ANDERSON J |
9. Midway Limited, in the matter of Midway Limited [2025] FCA 47
| CORPORATIONS - scheme of arrangement - second court hearing - order sought under s 411 of the Corporations Act 2001 (Cth) to approve the scheme - scheme considerations - whether statutory prerequisites are satisfied - whether the Court's discretion |
| Date: 4 Feb 2025 Judge: ANDERSON J |
10. Dang v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 27
| MIGRATION - Migration Act 1958 (Cth) - where applicant's visa was mandatorily cancelled under s 501(3A) - where the Tribunal affirmed a decision of the Minister's delegate not to revoke the visa cancellation - where the Tribunal's decision was made |
| Date: 30 Jan 2025 Judge: ANDERSON J |
11. BJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1495
| MIGRATION - Migration Act 1958 (Cth) s 501BA - where Minister for Immigration, Citizenship and Multicultural Affairs set aside decision of the Administrative Appeals Tribunal to revoke a visa cancellation - whether Minister's public statements gave |
| Date: 20 Dec 2024 Judge: ANDERSON J |
12. Australian Securities and Investments Commission v Macleod [2024] FCAFC 174
| PRIVILEGE - legal professional privilege - third party report - investigation into accounting issues - whether report was created for the dominant purpose of providing legal advice PRIVILEGE - waiver - implied waiver - whether voluntary disclosure |
| Date: 20 Dec 2024 Judge: BURLEY, ANDERSON AND MEAGHER JJ |
13. Rodgerson v Attorney-General [2024] FCA 1354
| ADMINISTRATIVE LAW - application for judicial review of decision to refuse parole - statutory framework concerning parole decisions for federal offenders - whether the applicant was afforded procedural fairness both generally, and specifically - |
| Date: 25 Nov 2024 Judge: ANDERSON J |
14. Virag v Eastern Victoria GP Training Ltd [2024] FCA 1283
| COSTS - appeal of indemnity costs orders made under s 570 of the Fair Work Act 2009 (Cth) - where the final hearing held over 3 days and adjourned part heard - where appellant sought further 12 month adjournment of part heard hearing and |
| Date: 7 Nov 2024 Judge: ANDERSON J |
15. Trimuryani v Retail Food Group Limited [2024] FCA 1282
| REPRESENTATIVE PROCEEDINGS - Application for approval of settlement of a representative proceeding - principles relevant to approval of settlement - where settlement involved mutual releases - where settlement involved some group members receiving a |
| Date: 31 Oct 2024 Judge: ANDERSON J |
16. Abdulqadir v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 949
| MIGRATION - invalid certificate under s 375A of the Migration Act 1958 (Cth) - appeal from decision to dismiss application for judicial review of Administrative Appeals Tribunal's decision to affirm Minister's cancellation of visa under s 116(1)(e) |
| Date: 22 Aug 2024 Judge: ANDERSON J |
17. Sharpe v TechnologyOne Limited [2024] FCA 962
| PRACTICE AND PROCEDURE - application to strike out part of statement of claim - where respondent submitted the applicant's cause of action relied on material subject to without prejudice privilege under s 131 of the Evidence Act 1995 (Cth) - whether |
| Date: 20 Aug 2024 Judge: ANDERSON J |
| PRACTICE AND PROCEDURE - application by litigation representative for approval of settlement under rule 9.70 of the Federal Court Rules 2011 (Cth) - consideration of relevant factors for approval of settlement, including the opinion of counsel - |
| Date: 6 Aug 2024 Judge: ANDERSON J |
| PRACTICE AND PROCEDURE - application to transfer proceeding to the Supreme Court of Victoria under s 1337H of the Corporations Act 2001 (Cth) - where current proceedings relate to a creditor priority application under s 564 of the Act - where |
| Date: 6 Aug 2024 Judge: ANDERSON J |
20. NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 101
| MIGRATION - appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal - whether the primary judge found an error on the part of the Tribunal - whether error material - no error found by the |
| Date: 2 Aug 2024 Judge: ANDERSON, ROFE AND MCEVOY JJ |
21. Zirk-Sadowski v University of New South Wales (No 4) [2024] FCA 813
| COSTS - application for costs under s 570 of the Fair Work Act 2009 (Cth) - where respondent alleged that the proceeding was instituted without reasonable cause, and the applicant had unreasonably continued proceedings - where applicant was |
| Date: 26 Jul 2024 Judge: ANDERSON J |
22. Maan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 64
| MIGRATION - where appellant applied for Graduate Work visa but intended to apply for Post-Study Work visa - where application was refused because appellant does not satisfy criteria for Graduate Work visa - where both visas within same class - where |
| Date: 28 May 2024 Judge: MURPHY, ANDERSON AND KENNETT JJ |
23. Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 63
| MIGRATION - where appellant applied for Graduate Work visa but intended to apply for Post-Study Work visa - where application was refused because appellant does not satisfy criteria for Graduate Work visa - where both visas within same class - |
| Date: 28 May 2024 Judge: MURPHY, ANDERSON AND KENNETT JJ |
24. Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58
| PRIVILEGE - legal professional privilege - third party report - investigation into cyber-attack - whether the report was created for the dominant purpose of legal advice - multiple purposes for commissioning report - unchallenged evidence - adverse |
| Date: 27 May 2024 Judge: MURPHY, ANDERSON AND NESKOVCIN JJ |
25. Zirk-Sadowski v University of New South Wales (No 3) [2024] FCA 515
| INDUSTRIAL LAW - Application for judicial review - where the Fair Work Commission refused to grant an extension of time to bring an application to deal with a dismissal dispute under s 366 of the Fair Work Act 2009 (Cth) (FW Act) - where the Fair |
| Date: 16 May 2024 Judge: ANDERSON J |
26. Azimitabar v Commonwealth of Australia [2024] FCAFC 52
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for damages arising from the alleged unlawful detention of the appellant at the Mantra Bell City Hotel and the Park Hotel (the Hotels) - |
| Date: 26 Apr 2024 Judge: RANGIAH, ANDERSON AND BUTTON JJ |
27. Rota v Fire Rescue Victoria [2024] FCA 424
| REPRESENTATIVE PROCEEDINGS - Application for approval to discontinue a representative proceeding - principles relevant to approval of discontinuance - where each class member consented to the discontinuance - whether any limitation periods |
| Date: 24 Apr 2024 Judge: ANDERSON J |
28. Mullan v Norby Pty Ltd, in the matter of Norby Pty Ltd [2024] FCA 462
| CORPORATIONS - Derivative action - Application by director for grant of leave under Corporations Act 2001 (Cth) s 237 to bring proceedings on behalf of company against co-director - co-director granted leave to appear as intervener - whether the |
| Date: 23 Apr 2024 Judge: ANDERSON J |
29. Giasoumi and Deane, in the matter of SLKALT Pty Ltd (in liq) [2024] FCA 403
| CORPORATIONS - application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) - application for "shelf order" - application opposed by some interested parties - where liquidators' investigations were delayed due to claim of |
| Date: 23 Apr 2024 Judge: ANDERSON J |
30. Selkirk v Wyatt [2024] FCAFC 48
| DEFAMATION -- appeal from orders of primary judge dismissing defamation proceeding -- where matter governed by, inter alia, s 10A of the Defamation Act 2005 (Vic) where the primary judge identified three separate questions -- where the primary judge |
| Date: 15 Apr 2024 Judge: BESANKO, ANDERSON AND O'SULLIVAN JJ |
31. Clarence City Council v Commonwealth of Australia (costs) [2024] FCAFC 47
| COSTS - costs of appeal - where unsuccessful appellants successful on an issue raised by notices of contention - whether appropriate to apportion costs on an issue basis - whether a discrete issue |
| Date: 11 Apr 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
| COSTS - offer of compromise sent by respondent under r 25 of the Federal Court Rules 2011 (Cth) - where the applicant's originating application was dismissed - application by respondent for indemnity costs following rejection of offer of compromise - |
| Date: 11 Apr 2024 Judge: ANDERSON J |
33. Alford v AMP Superannuation Limited [2024] FCA 332
| REPRESENTATIVE PROCEEDINGS - Application for approval to discontinue a representative proceeding - principles relevant to approval of discontinuance - whether not unfair, unreasonable or adverse to the interests of group members as a whole - |
| Date: 4 Apr 2024 Judge: ANDERSON J |
34. Australian Securities and Investments Commission v Provide Nominees Pty Ltd (No 3) [2024] FCA 448
| PRACTICE AND PROCEDURE - Application for stay of order requiring production of documents pursuant to s 70 of the Australian Securities and Investments Commission Act (Cth) (ASIC Act) - Application for special leave to appeal decision of the Full |
| Date: 3 Apr 2024 Judge: ANDERSON J |
| MIGRATION - Minister application for civil penalty orders - it is agreed that first respondent contravened s 245AS(1) Migration Act 1958 (Cth) - it is agreed that second and third respondents separately contravened s 245AR(1) of the Act by accepting |
| Date: 26 Mar 2024 Judge: ANDERSON J |
36. Bolin Technology Co Ltd v BirdDog Technology Ltd [2024] FCA 286
| PRACTICE AND PROCEDURE - where respondent in Federal Court proceeding has filed proceedings in the United States (US Proceeding) - where respondent seeks a permanent or temporary stay of Federal Court proceeding on the basis that this Court is a |
| Date: 26 Mar 2024 Judge: ANDERSON J |
37. Tratter v Aware Super [2024] FCAFC 36
| SUPERANNUATION -- appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a |
| Date: 19 Mar 2024 Judge: O'CALLAGHAN, ANDERSON AND MCELWAINE JJ |
38. Australian Competition and Consumer Commission v Bloomex Pty Ltd [2024] FCA 243
| CONSUMER PROTECTION - where the Respondent engaged in misleading or deceptive conduct, and otherwise contravened the Australian Consumer Law, by making false representations in respect of advertised discounts, customer ratings and prices - where |
| Date: 15 Mar 2024 Judge: ANDERSON J |
39. [Redacted] v Commissioner of Taxation [2024] FCA 185
| PRACTICE AND PROCEDURE - application for leave to appeal decision of primary judge dismissing application for suppression orders under s 37AF of Federal Court of Australia Act 1976 (Cth) - where disclosure would result in reputational and consequent |
| Date: 8 Mar 2024 Judge: ANDERSON J |
40. J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18
| COMPETITION LAW - industrial law - appeals from orders made as to liability and penalty for making, and giving effect to, an arrangement, or arriving at an understanding, containing a provision preventing or hindering the appellant from acquiring |
| Date: 29 Feb 2024 Judge: WIGNEY, BROMWICH AND ANDERSON JJ |
| COSTS - Application for costs on First Defendant's interlocutory application - Where no final determination of the interlocutory application - No order as to costs |
| Date: 28 Feb 2024 Judge: ANDERSON J |
42. Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCAFC 25
| CORPORATIONS - application made by the Australian Securities and Investments Commission (ASIC) under s 70(3) of the Australian Securities and Investments Act 2001 (Cth) (ASIC Act) - where failure to comply with notice issued pursuant to s 33(1) of |
| Date: 22 Feb 2024 Judge: LEE, ANDERSON AND MCELWAINE JJ |
43. Von Risefer v Blue Cube Developments Pty Ltd [2024] FCAFC 12
| BANKRUPTCY -- sequestration order made by a Registrar and affirmed by primary judge - where no reason to go behind the judgment debt - sequestration order affirmed - no irregularities or breach of procedural requirements - adequate service of |
| Date: 16 Feb 2024 Judge: WHEELAHAN, Anderson and MCEVOY JJ |
44. AWA Mutual Limited, in the matter of AWA Mutual Limited (No 2) [2024] FCA 104
| CORPORATIONS - scheme of arrangement - second court hearing - approval of scheme - approval granted |
| Date: 15 Feb 2024 Judge: ANDERSON J |
45. Clarence City Council v Commonwealth of Australia [2024] FCAFC 8
| CONTRACTS - Appeal from orders of primary judge refusing Councils' application for declarations in respect of the construction of leases between Commonwealth and lessees of airports - where Councils not party to the leases -meaning of "trading or |
| Date: 15 Feb 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
46. Kainth v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1629
| MIGRATION - Temporary Business Entry (Class UC) visa -whether Administrative Appeals Tribunal failed to afford the appellant procedural fairness by refusing to exercise its discretion to adjourn the matter or by failing to invite the appellant to |
| Date: 20 Dec 2023 Judge: ANDERSON J |
| REPRESENTATIVE PROCEEDINGS - shareholder class action - where share price of respondent fell following publication of various media articles and testimony of Managing Director to Senate Economic References Committee - where media articles contained |
| Date: 20 Dec 2023 Judge: ANDERSON J |
48. BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201
| 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 |
| Date: 19 Dec 2023 Judge: MARKOVIC, DERRINGTON AND ANDERSON JJ |
49. Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198
| PRACTICE AND PROCEDURE - leave to appeal - primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) - primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations |
| Date: 13 Dec 2023 Judge: ANDERSON, MCEVOY AND BUTTON JJ |
50. Piotto v Chief Executive Officer, Services Australia [2023] FCA 1549
| PRACTICE AND PROCEDURE - application for declaratory relief - where no legal foundation for declaratory relief and relief sought is hypothetical - application dismissed. |
| Date: 7 Dec 2023 Judge: ANDERSON J |
51. Sayed v National Disability Insurance Agency [2023] FCA 1550
| PRACTICE AND PROCEDURE - application for leave to appeal from primary judge decision refusing access to audio recording of a case management hearing - where application made in connection with application for primary judge to recuse on the grounds |
| Date: 7 Dec 2023 Judge: ANDERSON J |
52. BUO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1548
| MIGRATION - appeal from decision of primary judge affirming decision of the Administrative Appeals Tribunal (Tribunal) to refuse the applicant a protection visa - where the Tribunal rejected the applicant's claims to apprehend violence from a former |
| Date: 7 Dec 2023 Judge: ANDERSON J |
| MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal (Tribunal) not to grant Partner (Temporary) (Class UK) visa - whether Tribunal failed to comply with obligations under ss 359AA and 359A of the |
| Date: 7 Dec 2023 Judge: ANDERSON J |
54. AWA Mutual Limited, in the matter of AWA Mutual Limited [2023] FCA 1551
| CORPORATIONS - scheme of arrangement - first court hearing - orders sought under s 411(1) of the Corporations Act 2001 (Cth) - order made for convening of shareholders' meeting |
| Date: 1 Dec 2023 Judge: ANDERSON J |
55. Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185
| PRACTICE AND PROCEDURE - appeals from interlocutory decision refusing to set aside subpoenas and part of notice to produce - whether the primary judge erred by expressing the issue of apparent relevance as being whether the documents "could possibly |
| Date: 30 Nov 2023 Judge: WHEELAHAN, ANDERSON AND JACKMAN JJ |
56. Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182
| COSTS - application for leave to appeal against a lump sum costs determination - applicable principles and procedure for the determination of lump sum costs - whether primary judgment is attended with sufficient doubt - whether a refusal of leave to |
| Date: 17 Nov 2023 Judge: Markovic, Stewart and Anderson JJ |
| MIGRATION - where mandatory cancellation of visa on character grounds - appeal of Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for judicial review of the Tribunal's decision |
| Date: 8 Sep 2023 Judge: ANDERSON, FEUTRILL AND RAPER JJ |
58. Blaylock-Rayner v Seven Network (Operations) Limited [2023] FCA 1026
| PRACTICE AND PROCEDURE - application to strike out contextual imputations and particulars of defence - whether pleaded imputations are conveyed by matter complained of - whether pleaded imputations are otherwise bad in form - whether pleaded |
| Date: 29 Aug 2023 Judge: ANDERSON J |
59. Paschke v Secretary, Department of Social Services [2023] FCAFC 143
| REPRESENTATIVE PROCEEDINGS - application for extension of time and leave to appeal decision of single judge dismissing representative proceedings brought under Part IVA of Federal Court of Australia Act 1976 (Cth) - whether decision was |
| Date: 24 Aug 2023 Judge: ANDERSON, MCEVOYand HESPE JJ |
60. Sparks, in the matter of IG Energy Holdings (Australia) Pty Ltd (No 3) [2023] FCA 1002
| CORPORATIONS - application under s 447A(1) of the Corporations Act 2001 (Cth) (Act) to further extend the convening period of second creditors meeting - application allowed CORPORATIONS - application by administrators for direction under s 90-15 of |
| Date: 24 Aug 2023 Judge: ANDERSON J |
61. Shi v Minister for Home Affairs [2023] FCAFC 136
| MIGRATION - appeal - judicial review - refusal to revoke cancellation of the appellant's visa - appellant made a representation that removal would place him at a considerable risk of suicide - whether Minister failed to engage with that |
| Date: 16 Aug 2023 Judge: SNADEN, ANDERSON AND GOODMAN JJ |
62. Cellnet Group Limited, in the matter of Cellnet Limited (No 2) [2023] FCA 973
| CORPORATIONS - scheme of arrangement - first court hearing - orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) - where scheme of arrangement receives favourable vote at meeting of members - approval given |
| Date: 10 Aug 2023 Judge: ANDERSON J |
63. Knight v G4S Custodial Services Pty Ltd [2023] FCA 926
| PRACTICE AND PROCEDURE - Interlocutory application for injunctions ordering respondents to provide applicant with computer access, printing facilities and access to various legal databases and websites - Common law right of access to the courts - |
| Date: 10 Aug 2023 Judge: ANDERSON J |
64. Zirk-Sadowski v University of New South Wales (No 2) [2023] FCA 897
| PRACTICE AND PROCEDURE - application for default judgment - request for directions concerning summary judgment application - request for additional case management orders -applications and requests refused |
| Date: 3 Aug 2023 Judge: ANDERSON J |
| BANKRUPTCY AND INSOLVENCY - application in respect of security interests granted by companies in liquidation after appointment of liquidators and subsequently registered on the Personal Property Securities Register - whether s 588FL of the |
| Date: 11 Jul 2023 Judge: ANDERSON J |
66. M House Pty Ltd v Secretary, Department of Health and Aged Care [2023] FCA 768
| ADMINISTRATIVE LAW -- where delegate of the Respondent made a decision to release certain information about Applicant's therapeutic goods on the Therapeutic Goods Administration's website - where information about goods obtained from sampling and |
| Date: 7 Jul 2023 Judge: ANDERSON J |
67. Cellnet Group Limited, in the matter of Cellnet Group Limited [2023] FCA 767
| CORPORATIONS - scheme of arrangement - first court hearing - orders sought under s 411(1) of the Corporations Act 2001 (Cth) - order made for convening of shareholders' meeting |
| Date: 4 Jul 2023 Judge: ANDERSON J |
| MIGRATION - where the visa applicant, a citizen of Fiji, held a permanent residency visa as a dependent of his father who held a business visa - where the visa applicant, now an adult, left Australia on a short visit to Fiji - where the Minister's |
| Date: 16 Jun 2023 Judge: LOGAN, SARAH C DERRINGTON AND ANDERSON JJ |
69. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2023] FCAFC 93
| TRUSTS AND TRUSTEES - corporate trustee in liquidation - where liquidator assigned company's causes of action against appellants to respondents - whether assigning right, title and interest in causes of action to respondents is limited to the company |
| Date: 16 Jun 2023 Judge: WIGNEY, ANDERSON AND ABRAHAM JJ |
70. Dixon (Liquidator), in the matter of Better Spaces Design Pty Ltd (in liq) [2023] FCA 611
| CORPORATIONS - company in liquidation was trustee of a trust prior to liquidation - company now bare trustee of property of a trust - application by liquidator for his appointment as receiver of trust property - application granted. |
| Date: 2 Jun 2023 Judge: ANDERSON J |
| CORPORATIONS - company in liquidation was trustee of a superannuation fund prior to liquidation - company now bare trustee of trust property - application by liquidator for his appointment as receiver of trust property - application granted. |
| Date: 2 Jun 2023 Judge: ANDERSON J |
72. Zirk-Sadowski v University of New South Wales [2023] FCA 805
| PRACTICE AND PROCEDURE - application for default judgment - where applicant has filed an originating application and concise statement but not a statement of claim - whether respondents required to file defence in circumstances where applicant has |
| Date: 1 Jun 2023 Judge: ANDERSON J |
73. HWTV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 554
| MIGRATION - delegate of Minister's refusal to grant Bridging E (Class WE) visa - Tribunal decision to set aside decision of delegate and remit decision to delegate - where Tribunal also made orders pursuant to s 501K of the Migration Act 1958 (Cth) - |
| Date: 1 Jun 2023 Judge: ANDERSON J |
74. United Petroleum Franchise Pty Ltd v Istanikzai (No 2) [2023] FCA 565
| PRACTICE AND PROCEDURE -- application to transfer proceedings to the Supreme Court of Victoria -- where plaintiffs in the Supreme Court of Victoria have made an application for leave to file an amended statement of claim and amended writ -- orders |
| Date: 31 May 2023 Judge: ANDERSON J |
75. Feldman v Tayar [2023] FCAFC 79
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of a single judge affirming orders made by a registrar that the estates of the appellants be sequestrated under the Bankruptcy Act 1966 (Cth) - appeal dismissed |
| Date: 29 May 2023 Judge: O'CALLAGHAN, ANDERSON AND JACKMAN JJ |
76. Aby v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 494
| MIGRATION - subclass 485 visa - whether delegate complied with s 120 of the Migration Act - whether delegate failed to consider evidence - whether delegate failed to make necessary inquiries - where delegate failed to give appellant notice of |
| Date: 19 May 2023 Judge: ANDERSON J |
| MIGRATION - appeal against decision of the primary judge to affirm the Administrative Appeals Tribunal's (the Tribunal) decision not to revoke the cancellation of his visa by the Minister under s 501 (3A) of the Migration Act 1958 (the Act) - where |
| Date: 11 May 2023 Judge: LOGAN, Sarah C DERRINGTON AND ANDERSON JJ |
78. Invisalign Australia Pty Limited v SmileDirectClub LLC [2023] FCA 395
| CONSUMER LAW - misleading and deceptive conduct - where the applicant, Invisalign, supplies clear dental aligners to consumers in the market for teeth straightening treatments (Invisalign Aligner Treatment) - where the respondents (SDC) have engaged |
| Date: 5 May 2023 Judge: ANDERSON J |
79. BHG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 391
| MIGRATION - Administrative Appeals Tribunal's affirmation of a decision of delegate of the first respondent to refuse to grant the appellant a Subclass XA-866 Permanent Protection visa - Appeal from decision of the Federal Circuit and Family Court |
| Date: 2 May 2023 Judge: ANDERSON J |
| CORPORATIONS -- Oppression -- Application by Applicants for interlocutory relief that is tantamount to final relief -- Where Court cannot be positively satisfied of standing of shareholders in company to bring claims -- Where Court cannot be |
| Date: 20 Apr 2023 Judge: ANDERSON J |
| MIGRATION - delegate of Minister's refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 - application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the |
| Date: 13 Apr 2023 Judge: MORTIMER CJ, ANDERSON AND HESPE JJ |
82. Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48
| INDUSTRIAL LAW - High Court remittal - section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of |
| Date: 24 Mar 2023 Judge: PERRAM, WIGNEY AND ANDERSON JJ |
83. Frigger v Trenfield (No 3) [2023] FCAFC 49
| APPEAL AND NEW TRIAL - appeal - appeal by way of rehearing - errors of fact - advantage of primary judge - principles of appellate review. BANKRUPTCY AND INSOLVENCY - appeal from the decision of the primary judge in Frigger v Trenfield (No 10) [2021] |
| Date: 24 Mar 2023 Judge: ALLSOP CJ, ANDERSON AND FEUTRILL JJ |
| CONSUMER LAW - appeal from a decision of a single judge - statutory subrogation - whether s 177(3) of the Property, Stock and Business Agents Act 2002 (NSW) confers an independent, separate cause of action against a licensee to recover a statutory |
| Date: 10 Mar 2023 Judge: MARKOVIC, ANDERSON AND MCELWAINE JJ |
85. United Petroleum Pty Ltd v Istanikzai [2023] FCA 149
| PRACTICE AND PROCEDURE -- application for stay of proceeding -- where two related proceedings issued in the Federal Court of Australia (Federal Court Proceedings) as well as a related representative proceeding issued in the Supreme Court of Victoria |
| Date: 2 Mar 2023 Judge: ANDERSON J |
86. Doan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 71
| MIGRATION - whether the primary judge erred in not finding and ought to have found that the Tribunal failed to "invite" the appellant under s 360 of the Migration Act 1958 (Cth) (Act) or give the appellant a "meaningful hearing"- whether the primary |
| Date: 13 Feb 2023 Judge: ANDERSON J |
87. Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70
| CONTRACTS - interlocutory application - where the applicant has made out a prima facie case that the respondents breached the confidentiality obligations imposed by their letters of employment - prima facie restraint - where there is a sufficient |
| Date: 9 Feb 2023 Judge: ANDERSON J |
88. Hutton, in the matter of Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48
| CORPORATIONS - urgent application - originating process seeking an order pursuant to s 447A of the Corporations Act 2001 (Cth) (Act) that Part 5.3A is to apply to the second plaintiff as though the appointment of the first plaintiffs as voluntary |
| Date: 2 Feb 2023 Judge: ANDERSON J |
89. FSKY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 2
| MIGRATION - appeal from orders of the Federal Court of Australia affirming a decision of the Administrative Appeals Tribunal (Tribunal) not to grant a protection visa by reason of the appellant being a danger to the Australian community - whether |
| Date: 20 Jan 2023 Judge: FARRELL, ANDERSON AND RAPER JJ |
90. Security Matters Limited, in the matter of Security Matters Limited [2023] FCA 19
| CORPORATIONS - schemes of arrangement - share scheme and option scheme - special purpose acquisition company - first court hearing - orders sought under s 411(1) of the Corporations Act 2001 (Cth) - orders made for the convening of shareholders' |
| Date: 9 Jan 2023 Judge: ANDERSON J |
91. iSelect Limited, in the matter of iSelect Limited (No 2) [2022] FCA 1528
| CORPORATIONS - scheme of arrangement - second court hearing - approval of scheme - approval granted |
| Date: 16 Dec 2022 Judge: ANDERSON J |
92. Tucker v State of Victoria [2022] FCA 1449
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory orders - where the applicant has no right to appeal pursuant to s 24(1AA) of the Federal Court of Australia Act 1976 (Cth) - application refused |
| Date: 1 Dec 2022 Judge: ANDERSON J |
93. Luvalot Clothing Pty Ltd v Dong [2022] FCA 1411
| EQUITY - confidential information - use of confidential information subject to claimed equitable obligation - whether employee breached equitable obligation of confidence - whether the applicant's customer details list has necessary degree of |
| Date: 28 Nov 2022 Judge: ANDERSON J |
94. Concept Commercial Interiors Pty Ltd v Baxter [2022] FCA 1388
| CORPORATIONS - ex parte application for freezing order over assets of director of a company in liquidation - where there is a prima facie case made out for insolvent trading under s 588M of the Corporations Act 2001 (Cth) (Act) - contravention of s |
| Date: 11 Nov 2022 Judge: ANDERSON J |
95. Australian Competition and Consumer Commission v SmileDirectClub LLC [2022] FCA 1343
| CONSUMER PROTECTION - misleading or deceptive conduct - where the Respondents engaged in misleading or deceptive conduct by making false representations in respect of consumers' eligibility for reimbursement from private health insurers for Aligners |
| Date: 11 Nov 2022 Judge: ANDERSON J |
96. iSelect Limited, in the matter of iSelect Limited [2022] FCA 1329
| CORPORATIONS- scheme of arrangement - first court hearing - orders sought under s 411(1) of the Corporations Act 2001 (Cth) - order made for convening of shareholders' meeting |
| Date: 7 Nov 2022 Judge: ANDERSON J |
97. Waterproofing Technologies Pty Ltd v Perri (No 2) [2022] FCA 1293
| PRACTICE AND PROCEDURE - application for variation of freezing order - where there is no material change of circumstance since the previous application which warrants the exercise of judicial discretion to vary the freezing orders - application |
| Date: 2 Nov 2022 Judge: ANDERSON J |
98. Nida v BKA Practice Co Pty Ltd [2022] FCA 1257
| BANKRUPTCY - appeal from the decision of the Federal Circuit Court of Australia - where the Appellant has not identified any legal, factual or discretionary errors made by the primary judge - appeal dismissed with costs |
| Date: 25 Oct 2022 Judge: ANDERSON J |
99. Australian Securities and Investments Commission v Commonwealth Bank of Australia [2022] FCA 1149
| CORPORATIONS - conflicted remuneration - application of ss 963A, 963E, 963L and 963K of the Corporations Act 2001 (Cth) (Act) to certain alleged benefits provided by the First Defendant (CBA) and the Second Defendant (CFSIL) (collectively, Defendants |
| Date: 29 Sep 2022 Judge: ANDERSON J |
100. Luke v Aveo Group Limited (No 2) [2022] FCA 1072
| PRACTICE AND PROCEDURE - representative proceeding - Court approval of opt out notice to group members pursuant to ss 33X and 33Y of the Federal Court Act 1976 (Cth) - notice approved - content of notice |
| Date: 12 Sep 2022 Judge: ANDERSON J |
