Browse Federal Court JudgmentsBy Judge - Anderson J |
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1. YBFZ v Minister for Immigration and Citizenship [2026] FCA 624
| MIGRATION – application for extension of time – whether Tribunal erred in the way it considered unproved criminal charges in determining whether the applicant posed a danger to the Australian community – whether Tribunal erred in finding there |
| Date: 20 May 2026 Judge: ANDERSON J |
2. United Petroleum Pty Ltd v Perth Airport Pty Ltd (No 2) [2026] FCA 620
| CONSUMER LAW – misleading and deceptive conduct – whether statements in information brochure and in-person meeting as to when Qantas would relocate terminals at Perth Airport were misleading – representations were with respect of future matter |
| Date: 20 May 2026 Judge: ANDERSON J |
3. Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries and Forestry [2026] FCAFC 63
| DAMAGES – representative proceedings – where the Minister is liable for the tort of misfeasance in public office – separate question ordered relating to loss and damage – whether any greater number of live cattle for slaughter would have |
| Date: 15 May 2026 Judge: COLVIN, STEWART AND ANDERSON JJ |
4. The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 11) [2026] FCA 608
| REPRESENTATIVE PROCEEDINGS – form of orders following initial trial – formulation of common questions and answers – ensuring that as many questions of law and fact having a degree of commonality can be decided at the initial trial. |
| Date: 13 May 2026 Judge: ANDERSON J |
5. AHN18 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 572
| MIGRATION – appeal from the Federal Circuit Court dismissing appeal from decision of Tribunal affirming decision of the delegate of the first respondent to refuse protection visa (subclass 866)– allegation of denial of procedural fairness – |
| Date: 11 May 2026 Judge: ANDERSON J |
6. Australian Securities and Investments Commission v Palmer [2026] FCA 573
| PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision dismissing application to strike out of parts of pleading – principles for leave to appeal from interlocutory, discretionary decision on matter of practice and |
| Date: 11 May 2026 Judge: ANDERSON J |
7. Houten v Lennon (No 2) [2026] FCAFC 57
| PRACTICE AND PROCEDURE – security for costs – interlocutory application to vary or set aside security for costs order – self-executing order – whether material change in circumstances established – insufficient evidence – application |
| Date: 6 May 2026 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
| CORPORATIONS – application by company subject to deed of company arrangement in relation to funding agreement entered into by former administrators prior to appointment – application for order retrospectively relieving the administrators of |
| Date: 4 May 2026 Judge: ANDERSON J |
9. AEE17 v Minister for Immigration [2026] FCA 466
| MIGRATION – where Immigration Assessment Authority (IAA) affirmed decision of delegate to refuse appellant’s application for a Safe Haven Enterprise Visa (subclass 790) (SHEV) – appellant sought judicial review in the then Federal Circuit |
| Date: 20 Apr 2026 Judge: ANDERSON J |
10. Younes v Minister for Immigration and Multicultural Affairs [2026] FCAFC 35
| MIGRATION – application for extension of time to appeal from a decision of the Federal Court – where appeal relies on grounds not argued before the primary judge – whether leave is granted to raise new grounds of appeal – where the proposed |
| Date: 27 Mar 2026 Judge: MOSHINSKY, ANDERSON AND DOWLING JJ |
11. The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 10) [2026] FCA 351
| REPRESENTATIVE PROCEEDINGS – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – consumer class action – action brought by strata corporation on behalf of entities with a (former) proprietary interest |
| Date: 27 Mar 2026 Judge: ANDERSON J |
12. Rajbhandari v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 309
| MIGRATION – application for extension of time and leave to appeal from decision of the Federal Circuit and Family Court dismissing an application for review of a summary dismissal by a registrar of an application for judicial review – |
| Date: 24 Mar 2026 Judge: ANDERSON J |
| CORPORATIONS - appeal - investment in property development - whether the first appellant breached s 12DA(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making representations about expected timeframe of development and |
| Date: 10 Mar 2026 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
14. Younes v Minister for Immigration and Multicultural Affairs [2026] FCA 229
| PRACTICE AND PROCEDURE – Application for adjournment of Full Court hearing – Where insufficient basis for adjournment – Where counsel able to appear for applicant at hearing – Where counsel has been involved in the proceeding on an ad hoc |
| Date: 5 Mar 2026 Judge: ANDERSON J |
15. I Cook Foods Pty Ltd v City of Whitehorse [2026] FCA 155
| PRACTICE AND PROCEDURE – application for summary judgment – whether no reasonable prospect of successfully prosecuting the proceeding – where proceeding raises not insignificant factual disputes – where proceeding raises mixed questions of |
| Date: 26 Feb 2026 Judge: ANDERSON J |
16. Saywell v Comcare [2026] FCA 137
| PRACTICE AND PROCEDURE –– application to set aside subpoenas where no legitimate forensic purpose – application granted – applicant to pay the respondent’s costs PRACTICE AND PROCEDURE – evidence - application to adduce further evidence |
| Date: 17 Feb 2026 Judge: ANDERSON J |
17. Butler v Total Tools Holdings Pty Ltd (Costs) [2026] FCA 106
| COSTS – application for indemnity costs from day after Calderbank offer – defendant contends it was unreasonable for the plaintiff to reject the offer in all the circumstances – defendant contends difficulties in the plaintiff’s case must |
| Date: 17 Feb 2026 Judge: ANDERSON J |
18. Pilato, in the matter of the Scorpion and the Frog Pty Ltd (in liq) [2026] FCA 98
| BANKRUPTCY AND INSOLVENCY – application by liquidator of trustee company for appointment as a receiver of trust property – application by beneficiary of trust to intervene in proceeding – application by beneficiary for proceeding to be |
| Date: 12 Feb 2026 Judge: ANDERSON J |
19. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) (Costs) [2026] FCAFC 8
| COSTS – costs orders following unsuccessful appeals – no issue of principle – costs orders made |
| Date: 11 Feb 2026 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
20. Al Shawi v Ghaffari-Hesari [2026] FCA 68
| PRACTICE AND PROCEDURE – interlocutory application seeking removal of party – Amended Originating Application fundamentally flawed for lack of standing and leave to pursue derivative action – where plaintiff refused application to join party |
| Date: 5 Feb 2026 Judge: ANDERSON J |
21. Surmacz v Duracell Australia Pty Ltd [2026] FCA 25
| PRACTICE AND PROCEDURE – interlocutory application for an injunction to restrain respondent from terminating applicant’s employment or enforcing deed of release – respondent employer withdrew nomination for subclass 168 visa – interlocutory |
| Date: 29 Jan 2026 Judge: ANDERSON J |
22. Di Paolo v Secretary, Department of Social Services [2026] FCAFC 1
| ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing appeal on questions of law from a decision of former Administrative Appeals Tribunal – whether Tribunal wrongly restricted its consideration of what evidence could establish |
| Date: 20 Jan 2026 Judge: ANDERSON, O’SULLIVAN AND HILL JJ |
23. Marsh Limited v Greensill Bank AG [2025] FCAFC 196
| PRACTICE AND PROCEDURE – application for leave to appeal from order granting anti-anti-suit relief restraining the applicants from pursuing claims in the High Court of Justice of England and Wales – application dismissed |
| Date: 19 Dec 2025 Judge: BROMWICH, ANDERSON and NESKOVCIN JJ |
24. FEL18 v Minister for Home Affairs [2025] FCA 1508
| MIGRATION – Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of the decision of the Immigration Assessment Authority affirming delegate’s decision to refuse |
| Date: 3 Dec 2025 Judge: ANDERSON J |
| CORPORATIONS — Insolvency — Where trustee company ceased to be the trustee of a trading trust upon the company going into liquidation — trustee company now bare trustee of trading trust — Director of former trustee company attempting to |
| Date: 17 Nov 2025 Judge: ANDERSON J |
26. Houten v Lennon [2025] FCAFC 158
| PRACTICE AND PROCEDURE - appellants' interlocutory application to vacate hearing of appeal - appellants' former solicitors failed to comply with timetabling directions - appellants' former solicitors filed notice of ceasing to act - appeal hearing |
| Date: 11 Nov 2025 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
27. Mao v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 153
| MIGRATION – appeal – where applicant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the applicant sought revocation of the cancellation decision – where a delegate of the Minister decided not to revoke the |
| Date: 7 Nov 2025 Judge: MOSHINSKY, ANDERSON AND DOWLING JJ |
28. Smith v Repatriation Commission [2025] FCA 1223
| ADMINISTRATIVE LAW – Veterans’ affairs – disability pension –war-caused disease – requirement to consider the whole of the material – whether material before tribunal pointed to or raised a hypothesis if it involved mere speculation or |
| Date: 9 Oct 2025 Judge: ANDERSON J |
29. Butler v Total Tools Holdings Pty Ltd [2025] FCA 1225
| CORPORATIONS – shareholders’ resolution authorising board of company to issue an equity-based instrument to non-executive directors upon successful financial close of an initial public offering or trade sale – where plaintiff resigned as |
| Date: 9 Oct 2025 Judge: ANDERSON J |
30. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137
| CORPORATIONS – where appellants commenced voidable transaction proceedings under s 588FF(1) of the Corporations Act 2001 (Cth) – where purported service of proceedings effected outside the time required by r 2.7 of the Federal Court (Corporations |
| Date: 9 Oct 2025 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
31. Viridian Financial Group Ltd, in the matter of Viridian Financial Group Ltd (No 2) [2025] FCA 1222
| CORPORATIONS – scheme of arrangement – second court hearing – application for approval of scheme of arrangement –exercise of the court’s discretion – whether scheme of arrangement should be approved – factors considered – |
| Date: 30 Sep 2025 Judge: ANDERSON J |
32. Colton v Dhelkaya Health (Costs) [2025] FCA 1153
| COSTS – whether indemnity costs payable after appellants’ refusal of respondent’s Calderbank offer – whether unreasonable not to accept – industrial law – whether proceeding instituted vexatiously or without reasonable cause – |
| Date: 19 Sep 2025 Judge: ANDERSON J |
| COSTS – whether indemnity costs payable after applicant’s refusal of respondents’ offer of compromise – walk away offer – whether rejection of offer unreasonable -where originating application dismissed following trial – indemnity costs |
| Date: 19 Sep 2025 Judge: ANDERSON J |
34. The Owners – Strata Plan 872321 v 3A Composites GmbH (No 9) [2025] FCA 1108
| REPRESENTATIVE PROCEEDINGS – application for extension of time to opt out of representative proceedings under s 33J and/or 33ZF of the Federal Court of Australia Act 1976 (Cth) – where applicant may be or has a bona fide claim to be a group |
| Date: 10 Sep 2025 Judge: ANDERSON J |
35. Deputy Commissioner of Taxation v Bundaberg Indoor Sports Pty Ltd [2025] FCA 1104
| TAXATION – ex parte application for freezing orders – where applicant was issuing notices of amended assessments to respondents – where notices of amended assessments would result in significant tax-related liabilities – consideration of |
| Date: 5 Sep 2025 Judge: ANDERSON J |
36. Tran v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 114
| MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where primary judge dismissed application for judicial review of Tribunal’s decision – |
| Date: 25 Aug 2025 Judge: ANDERSON, MCELWAINE AND NESKOVCIN JJ |
37. Viridian Financial Group Ltd, in the matter of Viridian Financial Group Ltd [2025] FCA 997
| 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: 21 Aug 2025 Judge: ANDERSON J |
38. Villawood Management Pty Ltd v Marlton Group Pty Ltd [2025] FCA 980
| PRACTICE AND PROCEDURE – Application to review Registrar’s exercise of power setting aside subpoena issued to respondents’ solicitors – where respondents contended subpoena lacked legitimate forensic purpose – where respondents claimed |
| Date: 21 Aug 2025 Judge: ANDERSON J |
39. Colton v Dhelkaya Health [2025] FCA 942
| INDUSTRIAL LAW – appeals from decisions of Federal Circuit and Family Court of Australia (Division 2) – where appellants alleged contraventions of general protections provisions of the Fair Work Act 2009 (Cth) in relation to respondent’s |
| Date: 13 Aug 2025 Judge: ANDERSON J |
| DEFAMATION – Applicant alleged respondents published email containing defamatory imputations –claims also brought for misleading or deceptive conduct under s 18 of the Australian Consumer Law, and for injurious falsehood, in respect of the same |
| Date: 12 Aug 2025 Judge: ANDERSON J |
41. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2025] FCAFC 97
| PRACTICE AND PROCEDURE – suppression or non-publication orders – where the respondent filed an interlocutory application seeking suppression or non-publication orders in respect of four figures in the judgment of the Full Court on the basis of |
| Date: 30 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
42. Ford, in the matter of Fastline Logistics Pty Ltd (in liq) v Lay (costs) [2025] FCA 798
| COSTS – exercise of discretion – where plaintiff was unsuccessful in relation to claims brought against several defendants – where plaintiff was partly successful against one defendant |
| Date: 15 Jul 2025 Judge: ANDERSON J |
43. Casey v General Motors Australia and New Zealand Pty Ltd [2025] FCA 772
| REPRESENTATIVE PROCEEDINGS – practice and procedure – application to strike-out further amended statement of claim – claim brought in relation to allegedly defective transmission components under guarantee of acceptable quality under s 54 of |
| Date: 11 Jul 2025 Judge: ANDERSON J |
44. BSF Solutions Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 88
| CONSUMER LAW – appeal from findings of contraventions of the National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 – whether first and second appellants were conducting a shared business model – whether fees charged by second appellant |
| Date: 10 Jul 2025 Judge: ANDERSON, CHEESEMAN AND ROFE JJ |
45. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
| COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the |
| Date: 9 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
46. Preece v Aristocrat Leisure Limited [2025] FCA 742
| REPRESENTATIVE PROCEEDINGS – Application seeking orders for opt out and group member registration for the purposes of soft class closure orders – registration opposed by applicants – where registration not necessary to facilitate settlement |
| Date: 8 Jul 2025 Judge: ANDERSON J |
47. Micheletto, in the matter of Jankie v Jankie [2025] FCA 738
| BANKRUPTCY AND INSOLVENCY – where trustees in bankruptcy sought orders in relation to the vesting and possession of bankrupt’s interest in real property – where bankrupt opposed orders on grounds that (i) an implied residential tenancy |
| Date: 24 Jun 2025 Judge: ANDERSON J |
48. Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 78
| MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 – Tribunal required to determine two key issues – primary judge found the appellant was denied |
| Date: 11 Jun 2025 Judge: COLVIN, ANDERSON AND OWENS JJ |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
81. 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 |
82. 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 |
84. 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 |
85. 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 |
86. 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 |
87. [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 |
88. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
