Browse Federal Court JudgmentsBy Judge - Banks-Smith J |
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J)
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1. Ogbonna v Young [2026] FCA 610
| ADMINISTRATIVE LAW – application for judicial review of decision made by Registrar to reject documents for filing under r 2.26 of the Federal Court Rules 2011 (Cth) – whether proposed originating application, statement of claim and supporting |
| Date: 15 May 2026 Judge: BANKS-SMITH J |
| CORPORATIONS – concurrent shareholder scheme of arrangement and option holder scheme of arrangement – first court hearing for orders convening meetings – orders made |
| Date: 15 May 2026 Judge: BANKS-SMITH J |
| CORPORATIONS – liquidation – company had offered derivative products to customers – 8,600 former customers with separate claims against the company – orders previously made for optional abridged claim assessment and adjudication process – |
| Date: 14 May 2026 Judge: BANKS-SMITH J |
4. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 7) [2026] FCA 571
| PRACTICE AND PROCEDURE – application by respondents to re-open case in order to tender extracts of expert reports filed in separate proceedings in Supreme Court of Western Australia – same experts called in current proceedings by applicants and |
| Date: 11 May 2026 Judge: BANKS-SMITH J |
5. Bredenkamp (Liquidator), in the matter of Ultima United Limited (in liq) (No 2) [2026] FCA 471
| CORPORATIONS – insolvency – overseas service – where company director ordered to produce documents and attend for liquidator's examination – application for leave to serve orders and summons for examination in Hong Kong in accordance with |
| Date: 16 Apr 2026 Judge: BANKS-SMITH J |
6. White (Liquidator), in the matter of Profounder Turfmaster Pty Ltd (in liq) [2026] FCA 470
| CORPORATIONS – application by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for retrospective approval of entry into a funding agreement and approval of entry into retainer agreement – whether a proper exercise of the |
| Date: 16 Apr 2026 Judge: BANKS-SMITH J |
| PRACTICE AND PROCEDURE – application under r 39.05 of the Federal Court Rules 2011 (Cth) to set aside order made on 7 August 2025 consolidating proceedings – no reasonable explanation for non-attendance at hearing – no matters raised that |
| Date: 9 Apr 2026 Judge: BANKS-SMITH J |
| PRACTICE AND PROCEDURE – application by second intervener as a party to Indigenous Land Use Agreement for suppression of identified terms by redaction of document on the Court file – application for order that second intervener be notified of |
| Date: 7 Apr 2026 Judge: BANKS-SMITH J |
9. Anderson v Stonnington City Council [2026] FCAFC 34
| BANKRUPTCY AND INSOLVENCY – appeal from dismissal of application to set aside bankruptcy notice on the basis of a cross demand – where appellants alleged claims in tort against respondent Council relating to grant of heritage overlay over |
| Date: 27 Mar 2026 Judge: BANKS-SMITH, DOWLING AND MCDONALD JJ |
10. Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum [2026] FCA 355
| CORPORATIONS – winding up – disclaimer – application for revesting of disclaimed property under s 568F of the Corporations Act 2001 (Cth) – proposed revesting of tenements in the companies which previously had rights to them in order to |
| Date: 24 Mar 2026 Judge: BANKS-SMITH J |
11. Modco Residential Pty Ltd (in liq) v Nextruss Steel Pty Ltd (No 2) [2026] FCA 283
| PRACTICE AND PROCEDURE – defendants' application for summary dismissal under r 5.23(1) of the Federal Court Rules 2011 (Cth) – default by plaintiffs in failing to diligently prosecute proceedings – whether appropriate in all the circumstances |
| Date: 18 Mar 2026 Judge: BANKS-SMITH J |
| CORPORATIONS – application to approve creditors' scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) – revised scheme – formal requirements met – undertaken in good faith and for proper purpose – release of third |
| Date: 10 Mar 2026 Judge: BANKS-SMITH J |
| PRACTICE AND PROCEDURE – where interim suppression order made in relation to primary liability and compensation orders and reasons (Reasons) to allow for any submissions as to suppression – where terms of Indigenous Land Use Agreement (ILUA) |
| Date: 9 Mar 2026 Judge: BANKS-SMITH J |
| NATIVE TITLE – development of mine and port on land over which native title of Gudanji, Yanyuwa and Yanyuwa-Marra Peoples recognised – application by Claim Group for compensation for compensable acts under the McArthur River Project Agreement |
| Date: 27 Feb 2026 Judge: BANKS-SMITH J |
| CORPORATIONS – creditors' scheme of arrangement – first court hearing for orders convening meeting – new scheme after previous proposed scheme was not approved – debt for equity swap – jurisdictional requirements met – orders made for |
| Date: 12 Feb 2026 Judge: BANKS-SMITH J |
16. ACN 125 120 283 Pty Ltd (in liq) (formerly Proweld Constructions Pty Ltd) v Henry [2026] FCA 70
| CONTRACT – deed of settlement requiring payment by instalments – failure to pay instalment – failure to file defence – default judgment ordered |
| Date: 6 Feb 2026 Judge: BANKS-SMITH J |
17. Mann v Low (Trustee), in the matter of Gorman [2026] FCA 42
| BANKRUPTCY – review of decision of trustee to admit proof of debt – where applicant another creditor of the bankrupt estate – whether advances of money to family member made with obligation to repay from anticipated fund – oral contract – |
| Date: 4 Feb 2026 Judge: BANKS-SMITH J |
18. Collector of Customs v Pegasus Supply Solutions Pty Ltd [2025] FCAFC 185
| CUSTOMS AND EXCISE – where Collector of Customs requested holder of warehouse licence to account for goods subject to customs control – where Collector had carried out stocktake of goods stored at warehouse – where Collector made statutory |
| Date: 15 Dec 2025 Judge: BANKS-SMITH, O'SULLIVAN AND HORAN JJ |
19. Gastevich (by her litigation representative Tombides) v Starwest Investments Pty Ltd [2025] FCA 1530
| PRACTICE AND PROCEDURE – application under r 9.63 of the Federal Court Rules 2011 (Cth) for appointment of litigation representative – where applicant currently has limited powers relating to the proceeding as limited plenary administrator |
| Date: 4 Dec 2025 Judge: BANKS-SMITH J |
20. Rocke (Liquidator), in the matter of Melodiol Global Health Limited (in liq) [2025] FCA 1532
| CORPORATIONS – liquidators' application for approval to enter into litigation funding agreement, solicitors' retainer agreement and funder's term sheet – application under s 477(2B) of the Corporations Act 2001 (Cth) – term of each agreement |
| Date: 4 Dec 2025 Judge: BANKS-SMITH J |
21. Australian National University v McGary [2025] FCAFC 164
| ADMINISTRATIVE LAW – appeal from judicial review of decision of Appeals Committee under the Appeals Rule 2018 (Cth) affirming decision of Vice-Chancellor's nominee – scope of review of Appeals Committee – construction of delegated legislation |
| Date: 26 Nov 2025 Judge: BANKS-SMITH, YOUNAN AND BENNETT JJ |
| NATIVE TITLE – appeal from decision of primary judge on separate question – construction of s 26D(1) of the Native Title Act 1993 (Cth) – future act – whether right to negotiate disapplied under s 26D(1) of Native Title Act – whether |
| Date: 24 Nov 2025 Judge: BANKS-SMITH, MCDONALD AND LONGBOTTOM JJ |
23. Doan v Minister for Immigration and Multicultural Affairs [2025] FCA 1411
| MIGRATION – application for judicial review – whether Tribunal erred in manner of assessment of legal consequences of decision – whether Tribunal erred in construing and applying the applicable law and Direction – whether assessment of |
| Date: 18 Nov 2025 Judge: BANKS-SMITH J |
24. Calpis v Fleming [2025] FCAFC 154
| BANKRUPTCY AND INSOLVENCY – where the appellant has same legal representation as in primary proceeding – where no substantive steps taken in compliance with timetabling orders to ready the appeal for hearing – where appellant on notice of the |
| Date: 6 Nov 2025 Judge: BANKS-SMITH, CHEESEMAN AND STELLIOS JJ |
25. Bredenkamp (Liquidator), in the matter of Ultima United Limited (in liq) [2025] FCA 1350
| CORPORATIONS – overseas service – where company director ordered to produce documents and attend for examination – application for leave to serve orders and summons for examination in Singapore in accordance with the law of Singapore and the |
| Date: 3 Nov 2025 Judge: BANKS-SMITH J |
| CORPORATIONS – creditors’ scheme of arrangement – application for approval of scheme under s 411 of the Corporations Act 2001 (Cth) – debt for equity scheme – single class of lenders – where effect of scheme is to dilute ordinary shares |
| Date: 31 Oct 2025 Judge: BANKS-SMITH J |
27. Palmer v Australian Securities and Investments Commission [2025] FCAFC 151
| CORPORATIONS — fragmentation of criminal proceedings — prosecution for an alleged contravention of s 631 of the Corporations Act 2001 (Cth) — examination under s 19 of the Australian Securities and Investments Commission Act 2001 (Cth) — |
| Date: 24 Oct 2025 Judge: BEACH, BANKS-SMITH and OWENS JJ |
28. Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142
| PRACTICE AND PROCEDURE – whether primary judge erred in refusing to permanently stay proceeding as an abuse of process of the Court – whether leave to appeal should be granted – where proceeding overlaps in part with proceeding determined by |
| Date: 17 Oct 2025 Judge: BANKS-SMITH, KENNETT AND WHEATLEY JJ |
29. Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 4) [2025] FCA 1132
| CORPORATIONS – public examinations underway – production of documents ordered from third party corporate entity and person with disclosed addresses in New Zealand – application for leave to serve orders in New Zealand in accordance with the |
| Date: 12 Sep 2025 Judge: BANKS-SMITH J |
30. Ashton v Pope (No 2) [2025] FCA 1121
| PRACTICE AND PROCEDURE – cross-vesting application to cross-vest Federal Court of Australia proceedings to the Supreme Court of Western Australia – where various extant proceedings in the Supreme Court of Western Australia relating to same |
| Date: 10 Sep 2025 Judge: BANKS-SMITH J |
31. National Disability Insurance Agency v IHY25 (by next friend IHZ25) [2025] FCA 1122
| ADMINISTRATIVE LAW – appeal from Administrative Review Tribunal – National Disability Insurance Scheme - where directions made by Tribunal on review of reviewable decision in relation to supports – where aspects of Tribunal's decision-making |
| Date: 10 Sep 2025 Judge: BANKS-SMITH J |
32. Scott v Steritech Pty Ltd [2025] FCAFC 110
| HIGH COURT AND FEDERAL COURT – federal jurisdiction – where the appellant had discontinued proceedings following the execution of a deed of release – where the appellant then sought to allege essentially the same facts in a new proceeding |
| Date: 22 Aug 2025 Judge: BANKS-SMITH, MEAGHER AND KENNETT JJ |
| PRACTICE AND PROCEDURE– litigant in person – non-attendance – application by respondent for consolidation of related actions – orders made |
| Date: 7 Aug 2025 Judge: BANKS-SMITH J |
| CORPORATIONS – creditors' scheme of arrangement – first court hearing for scheme – application for orders under s 411 of the Corporations Act 2001 (Cth) convening a meeting of scheme creditors – debt for equity swap – subordinated |
| Date: 6 Aug 2025 Judge: BANKS-SMITH J |
35. Mizen v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 84
| MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal - whether primary judge erred by failing to find Tribunal misunderstood or misapplied a mandatory relevant consideration under Ministerial |
| Date: 26 Jun 2025 Judge: BANKS-SMITH, FEUTRILL AND VANDONGEN JJ |
36. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 6) [2025] FCA 680
| PRACTICE AND PROCEDURE – proceeding on receipt of referee's report – where Court has power to adopt, reject or refer further to referee – whether Court in exercise of its discretion should seek clarification of discrete aspect of report from |
| Date: 24 Jun 2025 Judge: BANKS-SMITH J |
37. Akibou Yacouba v Key Assets The Children's Services Provider (Australia) Limited [2025] FCA 614
| PRACTICE AND PROCEDURE – application by applicant for judgment on alleged admissions under r 22.07 of the Federal Court Rules 2011 (Cth) – notice of dispute served within time – no obligation to file notice of dispute – no basis for |
| Date: 12 Jun 2025 Judge: BANKS-SMITH J |
| CORPORATIONS – administration – application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meeting of creditors – complex business involves rehabilitation of mine by-product – active sale process |
| Date: 21 May 2025 Judge: BANKS-SMITH J |
39. Modco Residential Pty Ltd (in liq) v Nextruss Steel Pty Ltd [2025] FCA 518
| CORPORATIONS – application for leave to continue mothership proceeding against a number of defendants for unreasonable director related transactions and unfair preference payments – joinder requirements of r 9.02 of the Federal Court Rules 2011 |
| Date: 19 May 2025 Judge: BANKS-SMITH J |
40. Shafran v Secretary of the Department of Veterans' Affairs (Costs) [2025] FCA 512
| COSTS – respondents succeeded in summary dismissal application and so ordinarily entitled to costs order in their favour – where applicant contended public interest in the proceeding which should be taken into account – no public interest |
| Date: 19 May 2025 Judge: BANKS-SMITH J |
41. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 5) [2025] FCA 503
| PRACTICE AND PROCEDURE – application to be relieved from compliance with notice to produce – notice seeks production of witness statements filed but not in evidence in proceedings in the Supreme Court of Western Australia – where evidence in |
| Date: 16 May 2025 Judge: BANKS-SMITH J |
| BANKRUPTCY AND INSOLVENCY – where the appellant and respondent entered into a Power Purchase Agreement (PPA) for the respondent to construct a power plant at, and supply electricity to, the appellant’s mine site – where the respondent had not |
| Date: 5 May 2025 Judge: BANKS-SMITH, O'BRYAN AND NESKOVCIN JJ |
43. Liao v Minister for Immigration and Multicultural Affairs [2025] FCA 412
| MIGRATION – application for extension of time to apply for judicial review of decision of the Minister to cancel the applicant's visa under s 501(3)(b) of the Migration Act 1958 (Cth) – delay – merits of proposed grounds – where sentencing |
| Date: 30 Apr 2025 Judge: BANKS-SMITH J |
44. Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 4) [2025] FCA 411
| COSTS – first applicant had mixed success at trial – second applicant unsuccessful – factors relevant to discount to be applied to costs otherwise payable – disproportion between time and costs of trial and outcome – respondents claim |
| Date: 29 Apr 2025 Judge: BANKS-SMITH J |
45. Hodgson (Liquidator), in the matter of ACN 009 068 473 Pty Ltd (in liq) [2025] FCA 410
| CORPORATIONS – liquidators' application for approval to enter into litigation funding agreement – term exceeds three months – s 477(2B) of the Corporations Act 2001 (Cth) – potential voidable transaction proceeding – application for |
| Date: 24 Apr 2025 Judge: BANKS-SMITH J |
46. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 4) [2025] FCA 320
| PRACTICE AND PROCEDURE – application for production of non-redacted copies of communications over which legal privilege claimed – whether privilege waived – inconsistency – application allowed in part |
| Date: 7 Apr 2025 Judge: BANKS-SMITH J |
47. Tax Practitioners Board v Dabalos (formerly Van Stroe) (No 3) [2025] FCA 223
| CONTEMPT OF COURT – contempt by respondent by breach of permanent injunction on 365 occasions – contempt admitted – respondent continued to provide taxation services when unlicensed – contempt occurring in circumstances where respondent |
| Date: 21 Mar 2025 Judge: BANKS-SMITH J |
48. Lynn v Australian Financial Complaints Authority [2025] FCA 175
| SUPERANNUATION – death benefit – appeal from decision of trustee of superannuation fund to distribute whole of death benefit to wife of deceased member – where marriage had broken down – deceased member had made non-binding death benefit |
| Date: 13 Mar 2025 Judge: BANKS-SMITH J |
49. EIY20 v State of Western Australia (No 2) [2025] FCA 29
| PRACTICE AND PROCEDURE - application by applicant for leave to replead - claims made under the Disability Discrimination Act 1992 (Cth) - outcome follows outcome in EIX20 v State of Western Australia (No 2) [2025] FCA 28 - leave to amend granted in |
| Date: 31 Jan 2025 Judge: BANKS-SMITH J |
50. EIX20 v State of Western Australia (No 2) [2025] FCA 28
| PRACTICE AND PROCEDURE - application by applicant for leave to replead - claims made under the Disability Discrimination Act 1992 (Cth) - proposed pleading alleged both direct and indirect discrimination in provision of education services to |
| Date: 31 Jan 2025 Judge: BANKS-SMITH J |
| CORPORATIONS - liquidation - application for directions as to sale by liquidators of unclaimed property - orders made |
| Date: 19 Dec 2024 Judge: BANKS-SMITH J |
52. Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 3) [2024] FCA 1415
| PRACTICE AND PROCEDURE - inconsistency in pleading - orders on quantum |
| Date: 9 Dec 2024 Judge: BANKS-SMITH J |
53. Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 2) [2024] FCA 1367
| DAMAGES - determination of inputs for purpose of assessment of lost profits APPORTIONMENT - concurrent wrongdoers - representations misleading or deceptive - same representations made by two parties - value judgement as to apportionment of blame |
| Date: 27 Nov 2024 Judge: BANKS-SMITH J |
| CORPORATIONS - administration - application for modification of operation of s 443A under s 447A of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) - where holding company of a group of entities - where |
| Date: 13 Nov 2024 Judge: BANKS-SMITH J |
55. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 3) [2024] FCA 1221
| PRACTICE AND PROCEDURE - whether applicants should be permitted to cross-examine deponents of affidavits relating to discovery regime - discovery proceeded according to categories - relevant previously undiscovered documents produced during 11-week |
| Date: 22 Oct 2024 Judge: BANKS-SMITH J |
56. Bentley Capital Limited v Keybridge Capital Limited (No 3) [2024] FCA 1139
| CORPORATIONS - directors - indemnity for legal costs incurred - where competing deeds of indemnity on same terms - carve out where indemnity provided by insurer or other indemnifier - whether advances by one insurer constituted payments by way of |
| Date: 30 Sep 2024 Judge: BANKS-SMITH J |
57. EVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1084
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse the |
| Date: 19 Sep 2024 Judge: BANKS-SMITH J |
58. Nipps (Liquidator), in the matter of Dimension Agriculture Pty Ltd (in liq) [2024] FCA 1070
| CORPORATIONS - application made by liquidator under s 477(2B) and s 506(1A) of the Corporations Act 2001 (Cth) for retrospective approval of entry into a funding agreement and approval of entry into retainer agreement - whether a proper exercise of |
| Date: 12 Sep 2024 Judge: BANKS-SMITH J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse the |
| Date: 12 Sep 2024 Judge: BANKS-SMITH J |
60. Indara Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2024] FCAFC 117
| ADMINISTRATIVE LAW - judicial review of assessment of "participating person's eligible revenue for an eligible revenue period" under the Telecommunications (Eligible Revenue) Determination 2015 (Cth) (TER Determination) and Telecommunications |
| Date: 6 Sep 2024 Judge: SARAH C DERRINGTON, BANKS-SMITH AND KENNETT JJ |
61. Pellew (Trustee) v IPSA Holdings Australia Pty Ltd [2024] FCA 939
| PRACTICE AND PROCEDURE - application for leave to bring derivative action - intervener - application by intervener for appointment of referee or independent expert to report on financial affairs of the company for purpose of leave application - |
| Date: 16 Aug 2024 Judge: BANKS-SMITH J |
62. Jattan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 866
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal not to revoke a visa cancellation decision - mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal took into |
| Date: 9 Aug 2024 Judge: BANKS-SMITH J |
| MIGRATION - appeal - visa cancelled under s 501 of Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed decision to refuse to revoke cancellation of visa - Federal Court dismissed application for judicial review - whether primary |
| Date: 29 Jul 2024 Judge: BANKS-SMITH, JACKSON AND FEUTRILL JJ |
| CORPORATIONS - administration - group of companies - gold exploration and development - application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meetings of creditors - joint investigation and sale |
| Date: 26 Jul 2024 Judge: BANKS-SMITH J |
65. INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 2) [2024] FCA 815
| PRACTICE AND PROCEDURE - application to inspect documents produced in response to notice to produce issued to applicants - inspection resisted on basis communications in documents subject to legal professional privilege - communications to |
| Date: 24 Jul 2024 Judge: BANKS-SMITH J |
66. Karis v Digital CC Management Pty Ltd (No 3) [2024] FCA 738
| PRACTICE AND PROCEDURE - application for summary judgment, to strike out pleadings and for security for costs - where a number of factual and legal issues require determination - where claim based on a series of representations said to be conduct |
| Date: 9 Jul 2024 Judge: BANKS-SMITH J |
67. Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90
| CULTURAL HERITAGE - where "protected object of a foreign country" (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural |
| Date: 5 Jul 2024 Judge: BANKS-SMITH, ABRAHAM AND DOWNES JJ |
68. JKC Australia LNG Pty Ltd v AkzoNobel NV (No 7) [2024] FCA 723
| PRACTICE AND PROCEDURE - application to be relieved from compliance with notice to produce - notice seeks production of witness statements served in confidential arbitration - notice also seeks production of transcripts of evidence given before the |
| Date: 4 Jul 2024 Judge: BANKS-SMITH J |
69. Shafran v Secretary of the Department of Veterans' Affairs [2024] FCA 621
| DEFENCE AND WAR - veterans' entitlements - application for declarations as to construction of Veterans' Entitlements Act 1986 (Cth) - where Secretary of Department of Veterans' Affairs investigates claim and provides materials to Repatriation |
| Date: 13 Jun 2024 Judge: BANKS-SMITH J |
70. Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited [2024] FCA 441
| CONTRACT - agency - principal and agent - ostensible authority - implied actual authority - general principles - contract to buy lathe and milling machine - whether contract made between purchaser and dealer in Australia or between purchaser and |
| Date: 3 May 2024 Judge: BANKS-SMITH J |
71. 92 Energy Limited, in the matter of 92 Energy Limited (No 2) [2024] FCA 337
| CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - condition imposed under s 411(6) - Securities Act of 1933 (USA) and Canadian National Instrument 45-106 exemption - scheme approved |
| Date: 27 Mar 2024 Judge: BANKS-SMITH J |
72. Davies v Stewart [2024] FCA 249
| ADMINISTRATIVE LAW - application for review of decision made by Registrar of the Federal Court of Australia - where Registrar refused to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) - where applicant seeks to |
| Date: 15 Mar 2024 Judge: BANKS-SMITH J |
73. Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29
| TAXATION - cross-border transfer pricing and arm's length consideration provisions - whether primary judge erred in formulating the reliable hypothesis required to apply Subdivision 815-A of the Income Tax Assessment Act 1997 (Cth) and Division 13 |
| Date: 8 Mar 2024 Judge: WIGNEY, BANKS-SMITH AND COLVIN JJ |
74. Geronimo v State of Western Australia [2024] FCA 196
| BANKRUPTCY - disclaimer by trustee of bankrupt's interest as tenant in common in real property - where Registrar of Titles placed caveat on title notifying disclaimer - where bankrupt's interest vested in the State - where applicant as purchaser |
| Date: 5 Mar 2024 Judge: BANKS-SMITH J |
| CORPORATIONS - application for issue of warrant for search and seizure pursuant to s 530C of the Corporations Act 2001 (Cth) - ex parte - application allowed |
| Date: 29 Feb 2024 Judge: BANKS-SMITH J |
76. Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17
| TRUSTS AND TRUSTEES - trustee removed by deed - nature and characteristics of former trustee's right of indemnity following removal - principles CONVEYANCING - fraudulent conveyance - whether deed of removal of trustee voidable under s 86 of the Law |
| Date: 23 Feb 2024 Judge: BANKS-SMITH, O'SULLIVAN AND FEUTRILL JJ |
77. Dudley (Trustee) v Zarb [2024] FCA 108
| BANKRUPTCY - application by trustee in bankruptcy for orders that the bankrupt vacate and give possession of property and for other ancillary orders - orders made - conditional consent - undertaking given by trustee to defer enforcement for |
| Date: 20 Feb 2024 Judge: BANKS-SMITH J |
78. 92 Energy Limited, in the matter of 92 Energy Limited [2024] FCA 114
| CORPORATIONS - members' scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - scheme part of broader merger transaction to combine three companies active in uranium exploration - conventional |
| Date: 20 Feb 2024 Judge: BANKS-SMITH J |
| CORPORATIONS - third application under s 447A(1) and s 443B(8) of the Corporations Act 2001 (Cth) to modify operation of the five-business day period in s 443B(2) and s 443B(3) of the Act - where company leases property utilised in sandalwood |
| Date: 13 Feb 2024 Judge: BANKS-SMITH J |
| CORPORATIONS - application under s 447A(1) and s 443B(8) of the Corporations Act 2001 (Cth) to modify operation of the five-business day period in s 443B(2) and s 443B(3) of the Act - where company leases property utilised in sandalwood plantation |
| Date: 30 Jan 2024 Judge: BANKS-SMITH J |
81. Woodhouse (Administrator), in the matter of Panoramic Resources Limited [2024] FCA 22
| CORPORATIONS - administration - Savannah Nickel Project - group of companies - application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meetings of creditors - complex administration with active sale |
| Date: 19 Jan 2024 Judge: BANKS-SMITH J |
82. Allkem Limited, in the matter of Allkem Limited (No 2) [2023] FCA 1657
| CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - condition imposed under s 411(6) - Securities Act of 1933 (US) exemption - scheme approved |
| Date: 21 Dec 2023 Judge: BANKS-SMITH J |
83. JKC Australia LNG Pty Ltd v AkzoNobel NV (No 6) [2023] FCA 1616
| COSTS - transfer application - whether costs should follow the event in relation to interlocutory application - whether costs to be taxed and paid forthwith - where transfer application discrete and stand-alone - orders made |
| Date: 15 Dec 2023 Judge: BANKS-SMITH J |
| CORPORATIONS - application to approve scheme of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) - orthodox scheme - scheme approved |
| Date: 7 Dec 2023 Judge: BANKS-SMITH J |
85. Tax Practitioners Board v Van Stroe (No 2) [2023] FCA 1533
| TAXATION - application for civil penalties to be imposed for multiple breaches of s 50-51 of the Tax Agent Services Act 2009 (Cth) - respondent on notice of requirements of legislation and prospect of proceedings against her prior to relevant |
| Date: 6 Dec 2023 Judge: BANKS-SMITH J |
86. AYC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1502
| MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse grant of a |
| Date: 1 Dec 2023 Judge: BANKS-SMITH J |
87. Rossi v Qantas Airways Limited (No 5) [2023] FCA 1484
| COSTS - application for indemnity costs - Calderbank offer - where applicant did not accept offer by respondent to settle proceeding - whether rejection of offer unreasonable - where offer made in context of separate determination of issue - where |
| Date: 27 Nov 2023 Judge: BANKS-SMITH J |
88. Allkem Limited, in the matter of Allkem Limited [2023] FCA 1397
| CORPORATIONS - members' scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - scheme part of transaction to combine two companies active in lithium mining and production - parallel scheme in |
| Date: 8 Nov 2023 Judge: BANKS-SMITH J |
89. Advanced Share Registry Limited, in the matter of Advanced Share Registry Limited [2023] FCA 1338
| CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - conventional acquisition - orders made |
| Date: 1 Nov 2023 Judge: BANKS-SMITH J |
90. CXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1278
| MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse grant of a |
| Date: 24 Oct 2023 Judge: BANKS-SMITH J |
91. JKC Australia LNG Pty Ltd v AkzoNobel NV (No 5) [2023] FCA 1248
| PRACTICE AND PROCEDURE - cross-vesting - application to cross-vest Federal Court of Australia proceedings alleging misleading or deceptive conduct to the Supreme Court of Western Australia - proceedings relate to Ichthys LNG Project - extant |
| Date: 10 Oct 2023 Judge: BANKS-SMITH J |
| TRUSTS AND TRUSTEES - where second respondent (QNI) was former trustee of assets of a joint venture between second and third appellants - whether primary judge erred in finding that the claim by the liquidators of QNI (GPLs) for the funding premium |
| Date: 6 Sep 2023 Judge: MARKOVIC, BANKS-SMITH, HALLEY JJ |
93. Rossi v Qantas Airways Limited (No 4) [2023] FCA 1008
| CAPACITY - compromise of litigation by deed - personal autonomy - where applicant asserts incapacity and seeks to have deed declared void - where applicant bears onus of establishing was handicapped person within prescribed definition - issue and |
| Date: 28 Aug 2023 Judge: BANKS-SMITH J |
94. AKW22 v Commonwealth of Australia (No 2) [2023] FCA 955
| MIGRATION - further application for habeas corpus and urgent injunctive relief - application on eve of rescheduled attempt at applicant's removal from Australia - where no serious question to be tried - balance of convenience does not favour |
| Date: 13 Aug 2023 Judge: BANKS-SMITH J |
95. AZC20 v Commonwealth of Australia [2023] FCA 845
| ADMINISTRATIVE LAW - application brought purportedly in original jurisdiction seeking relief under Migration Act 1958 (Cth) and Judiciary Act 1903 (Cth) - applicant unlawful non-citizen in long term detention - applicant seeks writs of prohibition |
| Date: 27 Jul 2023 Judge: BANKS-SMITH J |
| NATIVE TITLE - costs - where the Full Court determined separate questions in favour of the applicant and certain respondents (the Rirratjingu parties) - where the applicant and the Rirratjingu parties sought an order that the first respondent (the |
| Date: 20 Jul 2023 Judge: MORTIMER CJ, MOSHINSKY AND BANKS-SMITH JJ |
97. Duckworth v Field [2023] FCA 801
| BANKRUPTCY - notice of objection to automatic discharge from bankruptcy - power to make such order as court thinks just and equitable - no evidence provided by trustee - open to infer on evidence tendered by bankrupt that subsequent substantial |
| Date: 14 Jul 2023 Judge: BANKS-SMITH J |
98. AKW22 v Commonwealth of Australia [2023] FCA 780
| MIGRATION - urgent interlocutory application to restrain the applicant's removal from Australia pending resolution of application for leave to appeal from decision summarily dismissing claim for damages for false imprisonment - where applicant's |
| Date: 10 Jul 2023 Judge: BANKS-SMITH J |
99. Owners of Majestic Rise and Majestic Crest Apartments Strata Plan 40793 v Spiro [2023] FCA 722
| BANKRUPTCY - review of registrar's decision to make sequestration order - rehearing of creditor's petition - creditor's petition served following non-compliance with bankruptcy notice premised on judgment debt - judgments of the Magistrates Court of |
| Date: 30 Jun 2023 Judge: BANKS-SMITH J |
| CORPORATIONS - administration - Clough group of companies - application under s 447(A)(1) of the Corporations Act 2001 (Cth) for further extension of time for convening second meeting of creditors of one company in group - fourth extension - where |
| Date: 27 Jun 2023 Judge: BANKS-SMITH J |
