Browse Federal Court JudgmentsBy Judge - Beach J |
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(Beach
J)
: 434
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1. Sunshine City Club (in liquidation), in the matter of Sunshine City Club [2026] FCA 1045
| CORPORATIONS — insolvency — application for liquidators to be appointed voluntary administrators — s 436B(2)(g) of the Corporations Act 2001 (Cth) — modification of operation of Part 5.3A concerning ss 436E, 438B, 438D and 439C — orders |
| Date: 31 Jul 2026 Judge: BEACH J |
| CORPORATIONS — statutory demands served under s 459E of the Corporations Act 2001 (Cth) — application to set aside demands under s 459G — whether a genuine dispute concerning the debts demanded — whether a genuine dispute concerning the |
| Date: 17 Jul 2026 Judge: BEACH J |
3. Diakou v Yeo (liquidator), in the matter of ACN 152 259 839 Pty Ltd (in liquidation) [2026] FCA 896
| CORPORATIONS — liquidation — application for leave to appeal — summonses for examination against various individuals under orders made pursuant to s 596B of the Corporations Act 2001 (Cth) — applications to set aside orders for examination |
| Date: 10 Jul 2026 Judge: BEACH J |
4. Palmer v Shipton [2026] FCAFC 90
| CORPORATIONS – tort of misfeasance in public office – pleadings – practice and procedure – whether elements of the cause of action properly pleaded and particularised – refusal of leave to replead – summary dismissal of proceedings – |
| Date: 8 Jul 2026 Judge: BEACH, ABRAHAM AND MCDONALD JJ |
5. FTT17 v Minister for Immigration and Citizenship [2026] FCA 830
| MIGRATION — appeal dismissed — no question of principle — observations concerning an edict of the Fatwa Committee of Malaysia’s National Council of Islamic Religious Affairs |
| Date: 30 Jun 2026 Judge: BEACH J |
6. Lindholm, in the matter of Aurelius and Co Pty Ltd (in liquidation) [2026] FCA 844
| CORPORATIONS — resignation of liquidator — resignation of receiver — appointment of replacement liquidators — appointment of replacement receivers — ss 283HB, 473A and 499 of the Corporations Act 2001 (Cth) — leave given under s 532(2) |
| Date: 29 Jun 2026 Judge: BEACH J |
7. CEV18 v Minister for Immigration and Citizenship [2026] FCA 829
| MIGRATION — appeal dismissed — no question of principle |
| Date: 26 Jun 2026 Judge: BEACH J |
8. Singh v Minister for Immigration and Citizenship [2026] FCA 828
| MIGRATION — appeal dismissed — no question of principle |
| Date: 26 Jun 2026 Judge: BEACH J |
9. Prygodicz v Commonwealth of Australia (Robodebt settlement) [2026] FCA 1029
| REPRESENTATIVE PROCEEDINGS — Robodebt scheme — fiasco in public administration — ministerial incompetence — failure of relevant Ministers and public servants to ascertain unlawfulness of scheme — knowledge of or reckless indifference to |
| Date: 23 Jun 2026 Judge: BEACH J |
10. Patel v Minister for Immigration and Citizenship [2026] FCA 782
| MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused |
| Date: 19 Jun 2026 Judge: BEACH J |
11. Zhang v Minister for Immigration and Citizenship [2026] FCA 783
| MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused |
| Date: 19 Jun 2026 Judge: BEACH J |
12. Aviva Holdings Pty Ltd (in liquidation) v Arora [2026] FCA 716
| CORPORATIONS — claim against former director for trading whilst insolvent — contravention of s 588G(2) of the Corporations Act 2001 (Cth) — failure to keep proper financial records as required by s 286(1) of the Act — presumption of |
| Date: 9 Jun 2026 Judge: BEACH J |
13. AFF20 v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCA 717
| MIGRATION — application for judicial review of a decision made personally by the relevant Minister under s 501(3) of the Migration Act 1958 (Cth) to cancel the applicant’s visa — significance of the failure to have regard to the most up to |
| Date: 9 Jun 2026 Judge: BEACH J |
14. Kovacic v Sinna, in the matter of Kovacic [2026] FCA 702
| BANKRUPTCY AND INSOLVENCY — sequestration order — application to set aside — application granted |
| Date: 5 Jun 2026 Judge: BEACH J |
15. Nalco Company v Cytec Industries Inc [2026] FCAFC 72
| PATENTS — patent application for method of reducing aluminosilicate scale in the Bayer process — appeal under s 60(4) of the Patents Act 1990 (Cth) from a decision of a delegate of the Commissioner of Patents — claim construction — whether |
| Date: 26 May 2026 Judge: BEACH, JACKSON and JACKMAN JJ |
| CORPORATIONS – freezing orders – construction of r 7.35(5) of the Federal Court Rules 2011 (Cth) – third-party freezing orders made against trustees of discretionary trusts – where judgment debtor or prospective judgment debtor was |
| Date: 22 May 2026 Judge: Beach, Button and Younan JJ |
| CORPORATIONS — consumer credit — credit contracts — cap on the cost of credit by way of the annual cost rate (ACR) — contravention of s 24(1) and s 32A of the National Credit Code — observations on the calculation of the ACR — respondent |
| Date: 18 May 2026 Judge: BEACH J |
18. Kuksal v Victorian Legal Services Board (Appeal and Interlocutory Matters) [2026] FCAFC 65
| BANKRUPTCY AND INSOLVENCY — appeal against sequestration orders — validity of bankruptcy notices — whether multiplicity of notices gave rise to an abuse of process — whether notices were invalid because of joint and several liability — |
| Date: 12 May 2026 Judge: BEACH, SHARIFF AND STELLIOS JJ |
19. The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44
| PATENTS – appeal from decision of primary judge dismissing applicant’s claim of infringement of patents for jump starter device, declaring patents to be invalid and revoking patents – whether primary judge erred in finding that certain claims |
| Date: 10 Apr 2026 Judge: BEACH, DOWNES AND JACKMAN JJ |
20. Ausmincon Holdings Limited, in the matter of Ausmincon Holdings Limited [2026] FCA 280
| CORPORATIONS — scheme of arrangement — scheme concerning shares — s 411(1) of the Corporations Act 2001 (Cth) — first court hearing — observations on “naked no vote” break fee appropriateness — orders made for convening scheme |
| Date: 16 Mar 2026 Judge: BEACH J |
21. BMY17 v Minister for Immigration and Citizenship [2026] FCA 174
| MIGRATION — application for temporary protection visa – whether Immigration Assessment Authority denied procedural fairness – whether the Authority unreasonably failed to exercise a discretion under s 473DC of the Migration Act 1958 (Cth) – |
| Date: 27 Feb 2026 Judge: BEACH J |
| CORPORATIONS — leave to appeal – freezing order made against a third party (FWIDA) being a related entity to the defendant below– where FWIDA appears to be indebted to the defendant and is in receipt of proceeds from the sale of its primary |
| Date: 20 Feb 2026 Judge: BEACH J |
23. eSafety Commissioner v Baumgarten [2026] FCAFC 12
| ADMINISTRATIVE LAW – appeal – whether jurisdiction of Administrative Review Tribunal enlivened – whether Tribunal erred in finding that an officer of the eSafety Commissioner made a decision reviewable under s 220(2) of the Online Safety Act |
| Date: 18 Feb 2026 Judge: MORTIMER CJ, BEACH AND HORAN JJ |
| CORPORATIONS — primary market for Commonwealth Treasury bonds — secondary market for Commonwealth Treasury bonds — bank acting as duration manager — supply of financial services to the Australian Office of Financial Management, a department |
| Date: 19 Dec 2025 Judge: BEACH J |
| CORPORATIONS — retail banking operations — conduct of bank concerning processes for responding to customer hardship notices — conduct of bank concerning representations made to customers relating to the payment of bonus interest — conduct of |
| Date: 19 Dec 2025 Judge: BEACH J |
26. Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2025] FCA 1591
| PATENTS — patent application — high amylose wheat — hexaploid wheat plants with high amylose starch content — high ratio of amylose to amylopectin — synthesis of starch — enzymes being starch synthases — mutations in the three SSIIa |
| Date: 16 Dec 2025 Judge: BEACH J |
27. Kuksal v Victorian Legal Services Board [2025] FCA 1483
| PRACTICE AND PROCEDURE — case management orders —application for disqualification — reasonable apprehension of bias — application refused — confidentiality orders |
| Date: 28 Nov 2025 Judge: BEACH J |
28. Crawford, in the matter of Pro-Pac Packaging Limited (administrators appointed) [2025] FCA 1357
| CORPORATIONS — insolvency — voluntary administration of Pro-Pac group of companies — Part 5.3A of the Corporations Act 2001 (Cth) — extension of convening period for second meeting of creditors — Daisytek order — ss 439A(6) and 447A of |
| Date: 5 Nov 2025 Judge: BEACH J |
29. 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 |
30. Lynch Group Holdings Limited, in the matter of Lynch Group Holdings Limited [2025] FCA 1280
| CORPORATIONS — members’ scheme of arrangement — first court hearing — applicable principles — whether statutory prerequisites for making a convening order under s 411(1) of the Corporations Act 2001 (Cth) made out — whether it is |
| Date: 21 Oct 2025 Judge: BEACH J |
| CORPORATIONS — insolvency — secured creditor of another insolvent company — releasing security interests — application for directions as to reasonableness and appropriateness of dealings — application under s 90-15 of the Insolvency |
| Date: 3 Oct 2025 Judge: BEACH J |
32. Yeo (liquidator), in the matter of Tuftex Carpets Pty Ltd (in liquidation) [2025] FCA 1200
| CORPORATIONS — incurring debts whilst the relevant companies were insolvent — liability of director and holding company — claims under ss 588G, 588M, 588V and 588W of the Corporations Act 2001 (Cth) — settlement of claims — application |
| Date: 29 Sep 2025 Judge: BEACH J |
33. Pacific Current Group Limited v Fitzpatrick (No 2) [2025] FCA 1152
| CORPORATIONS — merger of assets between Australian company and US company — Australian and US funds management boutiques — creation of unit trust — whether proper due diligence carried out by directors of Australian company — nature of |
| Date: 18 Sep 2025 Judge: BEACH J |
34. Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131
| HIGH COURT AND FEDERAL COURT – question of correct approach to remittal and subsequent appeal – where equally divided decision of six High Court Justices resulted in preceding Full Federal Court decision being affirmed pursuant to s 23(2)(a) of |
| Date: 16 Sep 2025 Judge: BEACH, ROFE AND JACKMAN JJ |
| CORPORATIONS — deed of company arrangement — transfer of shares in company — s 444GA of the Corporations Act 2001 (Cth) — leave for deed administrators to effect transfer — effect of transfer — no unfair prejudice — interested party |
| Date: 15 Sep 2025 Judge: BEACH J |
36. Deputy Commissioner of Taxation v Infomatix Solutions Pty Ltd [2025] FCA 1094
| CORPORATIONS — liquidation — question over original winding up order — termination of winding up — setting aside original order — application under s 482(1) of the Corporations Act 2001 (Cth) — question of present solvency of defendant |
| Date: 5 Sep 2025 Judge: BEACH J |
37. J Wisbey & Associates Pty Ltd v UBS AG (No 3) [2025] FCA 1018
| COMPETITION LAW — foreign currency cartel proceedings — representative proceedings — settlement of proceedings — approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) — observations concerning pass through |
| Date: 15 Aug 2025 Judge: BEACH J |
38. Anthony v Apple Inc [2025] FCA 902
| COMPETITION LAW — representative proceeding against Apple by developers and users — representative proceeding against Google by developers and users — group members’ claims for overcharge — digital technology — Apple mobile devices — |
| Date: 12 Aug 2025 Judge: BEACH J |
39. Epic Games, Inc v Google LLC [2025] FCA 901
| COMPETITION LAW — digital technology — Android mobile devices — operating system software — original equipment manufacturers — Google mobile services — anti-fragmentation agreement — Android compatibility commitment —smart phones — |
| Date: 12 Aug 2025 Judge: BEACH J |
40. Epic Games, Inc v Apple Inc [2025] FCA 900
| COMPETITION LAW — digital technology — Apple mobile devices — operating system software — iOS smart phones — tablets — personal computers — native apps — web apps — web browsers — Apple’s App Store — downloading apps — |
| Date: 12 Aug 2025 Judge: BEACH J |
41. Impiombato v BHP Group Limited (No 2) [2025] FCAFC 28
| COSTS – where appellant sought costs order in its favour and respondents sought apportionment of costs on an issue by issue basis – court’s discretion to award costs – relevant principles – order made for respondents to pay 50% of the |
| Date: 14 Mar 2025 Judge: BEACH, LEE AND O'BRYAN JJ |
42. Impiombato v BHP Group Limited [2025] FCAFC 9
| REPRESENTATIVE PROCEEDINGS - appeal from interlocutory decision regarding interpretation of group member definition - relevant principles concerning the interpretation of a pleading - no error in primary judge's conclusion demonstrated - appeal |
| Date: 12 Feb 2025 Judge: BEACH, LEE and O'BRYAN JJ |
43. Tour v Australia and New Zealand Banking Group Ltd [2024] FCA 1513
| CORPORATIONS - finance industry class action - claims concerning the retrospective charging of interest under credit card contracts - settlement of proceeding - approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - |
| Date: 19 Dec 2024 Judge: BEACH J |
44. Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168
| PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency |
| Date: 18 Dec 2024 Judge: BEACH, O'BRYAN AND ROFE JJ |
45. Pacific Current Group Limited v Fitzpatrick [2024] FCA 1480
| CORPORATIONS - merger of assets between Australian company and US company - Australian and US funds management boutiques - creation of unit trust - whether proper due diligence carried out by directors of Australian company - whether proper asset |
| Date: 18 Dec 2024 Judge: BEACH J |
46. Horsky v Mesoblast Limited [2024] FCA 1509
| CORPORATIONS -- securities class action -- settlement of the consolidated proceeding -- approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) -- distribution orders under s 33V(2) |
| Date: 13 Dec 2024 Judge: BEACH J |
47. Australian Securities and Investments Commission v Hopkins [2024] FCA 1371
| CORPORATIONS - unregistered managed investment schemes - contraventions of s 601ED of Corporations Act 2001 (Cth) - operation of financial services business - failure to hold an Australian financial services licence - contravention of s 911A - |
| Date: 27 Nov 2024 Judge: BEACH J |
48. ISPT Pty Ltd, in the matter of ISPT Pty Ltd [2024] FCA 1305
| CORPORATIONS - members' scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - scheme consideration - the question of voting classes - the quantum of the reimbursement and reverse reimbursement |
| Date: 11 Nov 2024 Judge: BEACH J |
49. Capitol Health Limited, in the matter of Capitol Health Limited (No 2) [2024] FCA 1253
| CORPORATIONS - scheme of arrangement - postponement of scheme meeting - validity of proxies - necessary procedural orders and notices - relevant ASX announcement - section 1319 of the Corporations Act 2001 (Cth) - orders made |
| Date: 29 Oct 2024 Judge: BEACH J |
50. Capitol Health Limited, in the matter of Capitol Health Limited [2024] FCA 1120
| CORPORATIONS - members' scheme of arrangement - first court hearing - applicable principles - whether statutory prerequisites for making a convening order under s 411(1) of the Corporations Act 2001 (Cth) made out -whether it is appropriate for the |
| Date: 24 Sep 2024 Judge: BEACH J |
| SUPERANNUATION - industry superannuation fund - rollover requests by members - Division 6.5 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - sections 10, 19 and 42 of Superannuation Industry (Supervision) Act 1993 (Cth) - |
| Date: 18 Sep 2024 Judge: BEACH J |
| CORPORATIONS - Bordeaux wine - Tasmanian wine - consumer law claims - passing off claims - trade mark revocation proceedings - final orders |
| Date: 11 Jul 2024 Judge: BEACH J |
53. R&B Investments Pty Ltd (Trustee) v Blue Sky (Reserved Question) [2024] FCAFC 89
| REPRESENTATIVE PROCEEDINGS - open class securities class action consolidated on terms - pending application for approval of notice to group members prior to opt-out - where common fund order proposed which would provide for the distribution of funds |
| Date: 5 Jul 2024 Judge: MURPHY, BEACH, LEE JJ |
54. DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) - where delegate of first respondent refused to grant appellants protection visas under s 65 of Migration Act 1958 (Cth) (Act) - |
| Date: 21 Mar 2024 Judge: BEACH, WHEELAHAN AND O'BRYAN JJ |
55. Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248
| CORPORATIONS -- Bordeaux wine -- Tasmanian wine -- passing off -- extent of reputation of French wine in Australia -- relevant date for assessing reputation -- classes of consumers -- evidence of confusion -- characteristics or knowledge of ordinary |
| Date: 15 Mar 2024 Judge: BEACH J |
56. Avala-Gurayya v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 217
| MIGRATION - appeal - leave to raise new ground - appeal dismissed - no point of principle |
| Date: 8 Mar 2024 Judge: BEACH J |
57. Foley v Australian Information Commissioner [2024] FCA 169
| PRIVACY - breach of privacy - unauthorised access of personal information - inadequate data protection systems - breach of Australian Privacy Principles - ss 13 and 15 of Privacy Act 1988 (Cth) - investigation of representative complaint - earlier |
| Date: 1 Mar 2024 Judge: BEACH J |
58. J Wisbey & Associates Pty Ltd v UBS AG (No 2) [2024] FCA 147
| CORPORATIONS - representative proceedings - foreign currency instruments - alleged cartel conduct - estimating group members' damages - practice and procedure - potential mediation - opt out procedures - registration process - soft closure orders |
| Date: 27 Feb 2024 Judge: BEACH J |
59. Medibank Private Limited v Australian Information Commissioner [2024] FCA 117
| PRIVACY - investigation by Australian Information Commissioner - breach of Australian Privacy Principles - own initiative investigation under s 40(2) of Privacy Act 1988 (Cth) - representative complaint under ss 36 and 38 of the Act - injunction to |
| Date: 22 Feb 2024 Judge: BEACH J |
| CORPORATIONS - deed of company arrangement - variation to the DOCA -modification by the Court rather than a resolution of creditors - order under s 447A(1) of the Corporations Act 2001 (Cth) - modifying the operation of s 445A - amendment to DOCA - |
| Date: 9 Feb 2024 Judge: BEACH J |
| CORPORATIONS - voluntary administration of companies in the Godfreys group - extension of convening period for second meeting of creditors under s 439A of the Corporations Act 2001 (Cth) - modification of Pt 5.3A under s 447A - directions and |
| Date: 5 Feb 2024 Judge: BEACH J |
| CORPORATIONS -- Deed of Company Arrangement -- setting up of Creditors' Trust -- transfer of shares in company -- s 444GA of Corporations Act 2001 (Cth) -- leave for deed administrator to effect transfer -- effect of transfer -- no unfair prejudice - |
| Date: 22 Dec 2023 Judge: BEACH J |
63. Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10) [2023] FCA 1656
| CORPORATIONS - assessment of damages - adoption of report of special referees - compensatory damages - exemplary damages - additional damages under s 115 of Copyright Act 1968 (Cth) - orders made |
| Date: 21 Dec 2023 Judge: BEACH J |
| CORPORATIONS -- removal of directors -- replacement of directors -- convening extraordinary general meeting of members -- notice to move a resolution for the removal of directors -- s 203D of the Corporations Act 2001 (Cth) -- notice calling for the |
| Date: 20 Dec 2023 Judge: BEACH J |
65. Hassan v Image Nominees Pty Ltd (in liquidation) [2023] FCA 1645
| CORPORATIONS -- liquidation of companies -- provisional liquidators previously appointed -- standing of provisional liquidators to seek a winding up order -- section 461(1)(k) of the Corporations Act 2001 (Cth) -- standing of alleged creditor to |
| Date: 15 Dec 2023 Judge: BEACH J |
66. UIL (Singapore) Pte Ltd v Wollongong Coal Limited [2023] FCA 1578
| LEGAL PROFESSIONAL PRIVILEGE - waiver of privilege - application of common law test for waiver - onus of establishing waiver - confidentiality of legal advice - disclosure of information to third party - whether an implied obligation to maintain |
| Date: 12 Dec 2023 Judge: BEACH J |
67. Sidhu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1469
| MIGRATION -- appeal from Federal Circuit and Family Court -- no jurisdictional error -- no question of principle -- appeal dismissed |
| Date: 24 Nov 2023 Judge: BEACH J |
68. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2023] FCA 1675
| CORPORATIONS - consequential orders - costs |
| Date: 21 Nov 2023 Judge: BEACH J |
69. Capital Options (Aust) Pty Ltd v Hazratwala [2023] FCA 1431
| CORPORATIONS - liquidation - summonses for examination - leave to appeal - summonses issued under ss 596A and 596B of the Corporations Act 2001 (Cth) - application to primary judge to discharge such summonses - orders made for discharge - whether |
| Date: 20 Nov 2023 Judge: BEACH J |
70. Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179
| CONSUMER LAW - representative proceedings - alleged defects in motor vehicles by reason of deficiencies in transmission system - where primary judge found affected vehicles were not of acceptable quality when supplied to consumers contrary to the |
| Date: 14 Nov 2023 Judge: YATES, BEACH AND DOWNES JJ |
71. Robertson v Singtel Optus Pty Ltd [2023] FCA 1392
| LEGAL PROFESSIONAL PRIVILEGE - privilege - third party report - investigation into cyber-attack - whether multiple purposes - deficiencies in evidence - common law principles - whether document created for dominant purpose of legal advice - waiver |
| Date: 10 Nov 2023 Judge: BEACH J |
72. Davey v Vrsecky (Trustee), in the matter of Dessmann [2023] FCA 1274
| BANKRUPTCY - appeal - order of primary judge refusing leave to proceed against a bankrupt - operation of s 58(3)(b) of the Bankruptcy Act 1966 (Cth) - whether compensation order a provable debt - application of s 82(3) - no penalty or fine - |
| Date: 24 Oct 2023 Judge: BEACH J |
73. Newcrest Mining Limited, in the matter of Newcrest Mining Limited (No 2) [2023] FCA 1251
| CORPORATIONS - scheme of arrangement - scheme concerning shares - ss 411(1), (4), (6), (11), (12) and (17) of the Corporations Act 2001 (Cth) - exemption under s 3(a)(10) of Securities Act of 1933 (US) - amendments to scheme - second court hearing - |
| Date: 17 Oct 2023 Judge: BEACH J |
74. Bandari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1224
| MIGRATION - appeal - no point of principle - appeal dismissed |
| Date: 13 Oct 2023 Judge: BEACH J |
75. Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162
| REPRESENTATIVE PROCEEDINGS - question reserved under s 25(6) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - whether Court has power pursuant to s 33V of FCA Act to make a "common fund order" upon settlement of proceeding - where no |
| Date: 12 Oct 2023 Judge: BEACH, LEE AND COLVIN JJ |
76. Carbon Revolution Limited, in the matter of Carbon Revolution Limited (No 2) [2023] FCA 1173
| CORPORATIONS - scheme of arrangement - mergers and acquisitions - supplementary disclosure to shareholders - where plaintiff sought to merge with special purpose acquisition company - where plaintiff entered into structured equity facility - |
| Date: 28 Sep 2023 Judge: BEACH J |
| CORPORATIONS - provision of financial services - regulatory proceedings - proceedings brought concerning contraventions of s 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) and s 47 of the National Consumer Credit |
| Date: 26 Sep 2023 Judge: BEACH J |
78. Newcrest Mining Limited, in the matter of Newcrest Mining Limited [2023] FCA 1080
| CORPORATIONS - scheme of arrangement - scheme concerning shares - s 411(1) of the Corporations Act 2001 (Cth) - first court hearing - orders for convening a meeting of shareholders |
| Date: 7 Sep 2023 Judge: BEACH J |
79. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022
| CONTRACT - contractual power of non-renewal - scope, ambit and purpose of contractual power - "evergreen" agreements - termination of dealership agreement - issue of non-renewal notices - transition to agency business model - repudiation - whether |
| Date: 30 Aug 2023 Judge: BEACH J |
80. Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 9) [2023] FCA 462
| CORPORATIONS - secret commission payments - relevant payers - joint liability - appropriateness of compound interest - whether any relevant distinction between principal and accessory - ancillary orders |
| Date: 12 May 2023 Judge: BEACH J |
81. Khan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 463
| MIGRATION - appeal from decision of the Federal Circuit and Family Court - whether applicants are eligible for a child visa under sub-cl 101.213(1)(c) of schedule 2 to the Migration Regulations 1994 (Cth) - applicants never commenced eligible study - |
| Date: 12 May 2023 Judge: BEACH J |
82. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 428
| MIGRATION - application for an extension of time to appeal - no question of principle - application dismissed |
| Date: 5 May 2023 Judge: BEACH J |
83. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 373
| MIGRATION - application for extension of time within which to seek leave to appeal - extension refused |
| Date: 24 Apr 2023 Judge: BEACH J |
84. CCL18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 346
| MIGRATION - appeal from dismissal of judicial review application - no question of principle - appeal dismissed |
| Date: 18 Apr 2023 Judge: BEACH J |
85. McMillan Investment Holdings Pty Ltd v Morgan (No 2) [2023] FCAFC 41
| COSTS - costs of the proceeding before the primary judge - where the appellant successfully appealed against the making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth)- where the appellant had raised and failed on various |
| Date: 17 Mar 2023 Judge: YATES, BEACH AND MARKOVIC JJ |
| COMPETITION - where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle - where claims of anti-competitive conduct contrary |
| Date: 16 Mar 2023 Judge: ALLSOP CJ, YATES AND BEACH JJ |
| CORPORATIONS - gold mining joint venture - construction of joint venture agreement - operation and construction of deed of company arrangement - property of joint venture - whether mining tenements property of joint venture - relinquishment of |
| Date: 9 Mar 2023 Judge: BEACH, DERRINGTON AND HALLEY JJ |
88. RnD Funding Pty Limited v Roncane Pty Limited [2023] FCAFC 28
| EQUITY - tracing - holder of equitable charge seeks to trace into assets acquired with funds subject to crystallised charge - whether sufficient proprietary base to invoke right to trace in equity - whether antecedent breach of fiduciary duty |
| Date: 9 Mar 2023 Judge: BEACH, DERRINGTON AND HALLEY JJ |
89. Oz Minerals Limited, in the matter of Oz Minerals Limited [2023] FCA 197
| CORPORATIONS - scheme of arrangement - scheme concerning shares - s 411(1) of the Corporations Act 2001 (Cth) - first court hearing - orders for convening a meeting of shareholders |
| Date: 2 Mar 2023 Judge: BEACH J |
| COMPETITION - where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle - whether s 45 of the Competition and Consumer Act |
| Date: 23 Feb 2023 Judge: ALLSOP CJ, YATES and BEACH JJ |
91. McMillan Investment Holdings Pty Ltd v Morgan [2023] FCAFC 9
| BANKRUPTCY AND INSOLVENCY -- appeal against making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth) - whether primary judge erred in finding that s 579E(1)(b)(iv) applies - where primary judge satisfied that alleged chose in action |
| Date: 16 Feb 2023 Judge: YATES, BEACH AND MARKOVIC JJ |
92. XY v Companies Auditors Disciplinary Board [2022] FCA 1583
| CORPORATIONS - auditors - disciplinary proceeding against auditor - s 1292 of the Corporations Act 2001 (Cth) - role and function of the Companies Auditors Disciplinary Board - ss 213, 216 to 219 of the Australian Securities and Investments |
| Date: 22 Dec 2022 Judge: BEACH J |
93. Shah v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1536
| MIGRATION - appeal - leave to raise new appeal grounds - failure to consider relevant circumstances - no point of principle - appeal dismissed |
| Date: 16 Dec 2022 Judge: BEACH J |
| MIGRATION - appeal - absence of evidence - lack of probative basis - no point of principle - appeal dismissed |
| Date: 9 Dec 2022 Judge: BEACH J |
| CORPORATIONS - liquidation - application by liquidators for directions - disbursal of funds - funds in accounts - statutory trusts - s 981H of the Corporations Act 2001 (Cth) - constructive trusts - breach of fiduciary duties - conflict of interest - |
| Date: 9 Dec 2022 Judge: BEACH J |
96. Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 8) [2022] FCA 1404
| CORPORATIONS - fiduciary relationship - contractual relationship - South Korean manufacturer and supplier of audio-visual units - supply to Australian entity - on-supply by Australian entity to original equipment vehicle manufacturers (OEMs) - |
| Date: 24 Nov 2022 Judge: BEACH J |
97. Hall v Pitcher Partners (a firm) [2022] FCA 1524
| REPRESENTATIVE PROCEEDINGS - approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - appropriateness of funding commission - common fund order - comparison with different types of funding equalisation orders - orders |
| Date: 28 Oct 2022 Judge: BEACH J |
| MIGRATION - appeal from decision of the Federal Circuit Court - whether proper notification made of the proposed cancellation of visa(s) under s 135(1) of the Migration Act 1958 (Cth) - no proper notification made - appeal allowed |
| Date: 24 Oct 2022 Judge: BEACH J |
99. Wills v Woolworths Group Ltd [2022] FCA 1545
| REPRESENTATIVE PROCEEDINGS - approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - appropriateness of funding commission - legal costs and disbursements - referee's report - orders made |
| Date: 19 Oct 2022 Judge: BEACH J |
100. Copyright Agency Limited v Isentia Pty Ltd [2022] FCAFC 163
| ADMINISTRATIVE LAW -- application for judicial review of Copyright Tribunal's grant of licences to reproduce newspaper articles licensed by collecting society -- market power of individual copyright owner not a prohibited consideration -- comparable |
| Date: 23 Sep 2022 Judge: JAGOT, BEACH AND BURLEY jJ |
