Browse Federal Court JudgmentsBy Judge - Banks-Smith J |
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J)
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
10. 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 |
11. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
18. 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 |
19. 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 |
20. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
34. 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 |
35. 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 |
36. 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 |
39. 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 |
40. 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 |
41. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
51. 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 |
52. 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 |
53. 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 |
55. 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 |
56. 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 |
57. 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 |
59. Arwon Finance Pty Ltd v Wilson (No 2) [2023] FCA 657
| BANKRUPTCY - creditor's petition against respondent following non-compliance with bankruptcy notice founded on judgment debt - challenge to bankruptcy notice previously unsuccessful - where respondent sought adjournment of petition based on cross |
| Date: 21 Jun 2023 Judge: BANKS-SMITH J |
| PRACTICE AND PROCEDURE - where applicants seek to rely on affidavit filed out of time - where trial underway and potentially relevant witnesses already cross-examined - significance of proposed evidence - whether delay adequately explained - where |
| Date: 14 Jun 2023 Judge: BANKS-SMITH J |
| MIGRATION - appeal from orders of Federal Circuit and Family Court of Australia (Division 2) dismissing review applications from decision of the Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to |
| Date: 9 Jun 2023 Judge: BANKS-SMITH, JACKSON AND FEUTRILL JJ |
| NATIVE TITLE - practice and procedure - orders made to facilitate access to compensation claim area for on country hearing - where mine operator seeks contractual indemnity as condition of entry - where orders provide for reasonable directions and |
| Date: 23 May 2023 Judge: BANKS-SMITH J |
63. Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75
| NATIVE TITLE - claim for compensation under Native Title Act 1993 (Cth) (NTA) - where the applicant, on behalf of the Gumatj Clan or Estate Group, contends that, in the period from 1911 to 1978, a number of grants or legislative acts took place in |
| Date: 22 May 2023 Judge: MORTIMER CJ, MOSHINSKY and BANKS-SMITH JJ |
64. JKC Australia LNG Pty Ltd v AkzoNobel NV (No 4) [2023] FCA 456
| PRACTICE AND PROCEDURE - discovery - settlement - applicant potentially obliged under conditional terms of settlement agreement with third party to make payment - applicant seeks damages and indemnity from respondents for its liability under the |
| Date: 12 May 2023 Judge: BANKS-SMITH J |
65. New Aim Pty Ltd v Leung [2023] FCAFC 67
| EQUITY - confidential information - where the appellant conducted online retail business and sourced products from China - where the first respondent was employee of appellant until resignation - where the first respondent kept contact details of |
| Date: 10 May 2023 Judge: KENNY, MOSHINSKY, BANKS-SMITH, THAWLEY AND CHEESEMAN JJ |
66. Stolyar v Scott (Trustee) [2023] FCAFC 61
| APPEAL AND NEW TRIAL - where arguments sought to be advanced which were not advanced at first instance - where the arguments may have been met by evidence at the trial - arguments that a claim is not maintainable must be expressly pleaded under r |
| Date: 27 Apr 2023 Judge: BANKS-SMITH, DOWNES AND JACKMAN JJ |
67. INPEX Operations Australia Pty Ltd v AkzoNobel NV [2023] FCA 382
| PRACTICE AND PROCEDURE - discovery - where categories of documents largely agreed by Redfern schedule in complex litigation - seven categories disputed - respective applications allowed in part |
| Date: 26 Apr 2023 Judge: BANKS-SMITH J |
68. Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2023] FCA 343
| APPEALS - practice and procedure - application for interlocutory injunction pending hearing of appeal - where primary judge dismissed application for judicial review of decision by a delegate of the Minister to approve a controlled action under the |
| Date: 14 Apr 2023 Judge: BANKS-SMITH J |
69. Chambers v University of Western Australia [2023] FCA 322
| COURTS - practice and procedure - whether an order by a judge of the Federal Circuit and Family Court of Australia (FCFCOA) to transfer civil proceedings to the Federal Court of Australia should be confirmed pursuant to s 32AD of the Federal Court |
| Date: 11 Apr 2023 Judge: BANKS-SMITH J |
70. Ascic v Comcare (No 2) [2023] FCA 319
| COSTS - where application dismissed - respondent sought order for payment of costs on lump sum basis - assessment and determination of lump sum |
| Date: 6 Apr 2023 Judge: BANKS-SMITH J |
71. Algeri (Administrator), in the matter of Murray &
| CORPORATIONS - administration - Clough group of companies - application under s 447(A)(1) of the Corporations Act 2001 (Cth) for third extension of time for convening second meeting of creditors of those companies within group that have not as yet |
| Date: 5 Apr 2023 Judge: BANKS-SMITH J |
| NATIVE TITLE - McArthur River Project Compensation Claim - access to mine and other sites within compensation claim area for taking evidence on country - power to order access and inspection - exercise of discretion - orders made |
| Date: 3 Apr 2023 Judge: BANKS-SMITH J |
| NATIVE TITLE - McArthur River Project Compensation Claim - application to amend Form 4 originating application - where s 64(1) of Native Title Act 1993 (Cth) proscribes any amendment that includes an area not covered by original application - |
| Date: 27 Mar 2023 Judge: BANKS-SMITH J |
74. White (Administrator), in the matter of Schramm Australia Holding Pty Ltd [2023] FCA 261
| CORPORATIONS - administration - Schramm group of companies - application under s 439A of the Corporations Act 2001 (Cth) for three month extension of time for convening second meetings of creditors - group administration with active sale process |
| Date: 22 Mar 2023 Judge: BANKS-SMITH J |
75. Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240
| 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 - performance risk - break fee - director benefits and |
| Date: 17 Mar 2023 Judge: BANKS-SMITH J |
76. Castledine, in the matter of an application by Castledine [2023] FCA 249
| CORPORATIONS - automatic disqualification from management of corporation - applicant convicted of offence of communicating insider information - pleaded guilty and no other relevant offending - where seeks leave to manage private family company - |
| Date: 16 Mar 2023 Judge: BANKS-SMITH J |
| MIGRATION - applications for protection visas - appeals from Federal Circuit Court of Australia - where Administrative Appeals Tribunal found no substantial grounds for believing that appellants at real risk of significant harm on return to Iran - |
| Date: 15 Mar 2023 Judge: BANKS-SMITH, JACKSON AND O'SULLIVAN JJ |
78. MG Constructions Pty Ltd v Radroc Pty Ltd (No 2) [2023] FCA 105
| PRACTICE AND PROCEDURE - funds paid into solicitors' trust account in 2013 - funds paid for purpose of share acquisition that has not proceeded - one party deregistered - other party failing to provide any useful response as to treatment of funds - |
| Date: 16 Feb 2023 Judge: BANKS-SMITH J |
79. Algeri (Administrator), in the matter of Murray &
| 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 some companies within group - where some but not |
| Date: 15 Feb 2023 Judge: BANKS-SMITH J |
80. Higgins v JSS Logistics Pty Ltd (in liq) (No 2) [2023] FCA 92
| CORPORATIONS - application by liquidators of company for approval of entry into settlement deed under s 477(2A) and s 477(2B) of Corporations Act 2001 (Cth) - settlement involves payment from funds held on trust - dispute as to access to trust funds |
| Date: 9 Feb 2023 Judge: BANKS-SMITH J |
81. Strike West Holdings Pty Ltd, in the matter of strike West Holdings Pty Ltd [2023] FCA 15
| CORPORATIONS - takeovers - off-market bid - application for extension of time for compliance with s 625(3)(c)(i) of the Corporations Act 2001 (Cth) - where solicitor relied on precedent template which contained error confusing the commencement of |
| Date: 17 Jan 2023 Judge: BANKS-SMITH J |
| CORPORATIONS - administration - extension of time for compliance with orders made to facilitate transit and delivery of customers' goods - extension in interest of creditors - extension granted |
| Date: 16 Jan 2023 Judge: BANKS-SMITH J |
| MIGRATION - delegate refused to grant appellant a temporary graduate work visa - appeal from decision of Federal Circuit Court dismissing application for review of Tribunal's decision to affirm decision of delegate - Australian study requirements - |
| Date: 16 Jan 2023 Judge: BANKS-SMITH J |
| CORPORATIONS - administration - urgent application by administrators for directions under s 447A of Corporations Act 2001 (Cth) relating to transfer, delivery and abandonment of goods paid for by customers - where secured creditor accepts title to |
| Date: 22 Dec 2022 Judge: BANKS-SMITH J |
85. Algeri (Administrator), in the matter of Murray &
| CORPORATIONS - administration - Clough 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 process underway - |
| Date: 21 Dec 2022 Judge: BANKS-SMITH J |
86. AYZ v State of Western Australia (Department of Justice, Corrective Services) (No 2) [2022] FCA 1540
| HUMAN RIGHTS - prospective applicants minors and so under a legal incapacity - appointment of litigation representatives under r 9.63(1) of Federal Court Rules 2011 (Cth) - requirement that litigation representative be party, parent or guardian - |
| Date: 16 Dec 2022 Judge: BANKS-SMITH J |
| MIGRATION - where primary judge refused application for judicial review in original jurisdiction in relation to Minister's non-revocation decision under s 501C(4) of the Migration Act 1958 (Cth) - where appellant determined to not pass character |
| Date: 13 Dec 2022 Judge: LOGAN, O'CALLAGHAN AND BANKS-SMITH JJ |
| CORPORATIONS - administration of Clough group of companies - application for limitation of personal liability of administrators with respect to specified classes of agreements of the companies under administration - modification of operation of s |
| Date: 13 Dec 2022 Judge: BANKS-SMITH J |
89. Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199
| MIGRATION - non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - whether primary judge erred in finding that Minister did not consider representations personally - no error by primary judge - appeal dismissed |
| Date: 13 Dec 2022 Judge: MORTIMER, BANKS-SMITH AND O'SULLIVAN JJ |
90. Remta v Baker (Executrix) [2022] FCA 1485
| BANKRUPTCY AND INSOLVENCY - where appeal filed from order confirming sequestration order - interlocutory application in the appeal - application for stay of proceedings under sequestration order - where bankrupt a director of company and seeks stay |
| Date: 9 Dec 2022 Judge: BANKS-SMITH J |
91. Ashton v Pope [2022] FCA 1425
| PRACTICE AND PROCEDURE - service - ex parte interlocutory application for leave to serve originating application overseas - where respondent resident in the United States of America - where service to be implemented under Hague Convention - where |
| Date: 28 Nov 2022 Judge: BANKS-SMITH J |
92. EIY20 v State of Western Australia [2022] FCA 1410
| PRACTICE AND PROCEDURE - application to strike out pleadings pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - matter related to EIX20 v State of Western Australia [2022] FCA 1357 - applicable principles - applicant detained in Banksia |
| Date: 25 Nov 2022 Judge: BANKS-SMITH J |
93. EIX20 v State of Western Australia [2022] FCA 1357
| PRACTICE AND PROCEDURE - application to strike out pleadings pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - applicable principles - applicant detained in Rangeview Detention Centre and Banksia Hill Detention Centre in Western |
| Date: 17 Nov 2022 Judge: BANKS-SMITH J |
94. Mableson v Tarbotton, in the matter of the bankrupt estate of Tarbotton [2022] FCA 1433
| BANKRUPTCY AND INSOLVENCY - application by liquidator of company for leave to proceed pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) against bankrupt and trustee of estate of discharged bankrupt in proposed Federal Court of Australia |
| Date: 14 Nov 2022 Judge: BANKS-SMITH J |
| NATIVE TITLE - urgent interlocutory application by members of native title claim group to be joined as respondents - discretion under s 84(5) of Native Title Act 1993 (Cth) - where interlocutory applicant raised concerns with potential variations to |
| Date: 14 Nov 2022 Judge: BANKS-SMITH J |
96. Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 4) [2022] FCA 1377
| NATIVE TITLE - practice and procedure - mediation deferred for sorry business - where mediation otherwise re-scheduled to occur after closing submissions - adjournment of hearing of closing submissions pending mediation opposed - matters taken into |
| Date: 11 Nov 2022 Judge: BANKS-SMITH J |
97. Harvard Nominees Pty Ltd v Nicoletti [2022] FCAFC 179
| CONSUMER LAW - where on remitter primary judge found that first and second respondents were liable to pay damages arising from loss under the Australian Consumer Law - where primary judge held that the remitter did not disturb first instance |
| Date: 8 Nov 2022 Judge: BANKS-SMITH, COLVIN AND O'SULLIVAN JJ |
98. Revill v John Holland Group Pty Ltd [2022] FCAFC 178
| APPEAL - application for leave to appeal - new points on appeal - further evidence on appeal - interlocutory or final judgment - finality - re-open - costs under the Fair Work Act 2009 (Cth) - corporate group employer - enterprise agreement employer |
| Date: 8 Nov 2022 Judge: BROMBERG, BANKS-SMITH AND FEUTRILL JJ |
99. Beijing Hua Xin Liu He Investment (Australia) Pty Ltd v Lu (No 4) [2022] FCA 1322
| COSTS - second application for summary judgment - parties seek competing costs orders - whether costs should be paid forthwith - whether costs should be paid on lump sum basis - whether costs should be paid on indemnity basis |
| Date: 4 Nov 2022 Judge: BANKS-SMITH J |
| CORPORATIONS - application by liquidators of company for approval of entry into settlement deed under s 477(2A) and s 477(2B) of Corporations Act 2001 (Cth) - settlement deed also addresses treatment of proofs of debt and resolves two separate |
| Date: 2 Nov 2022 Judge: BANKS-SMITH J |
