Browse Federal Court JudgmentsBy Judge - Beach J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
23. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
48. 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 |
49. 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 |
51. 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 |
52. 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 |
53. 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 |
56. 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 |
57. 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 |
59. 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 |
60. 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 |
61. Angel Seafood Holdings Ltd, in the matter of Angel Seafood Holdings Ltd [2022] FCA 717
| CORPORATIONS - approval of members' scheme of arrangement - second court hearing - amendment to scheme - approval given |
| Date: 20 Jun 2022 Judge: BEACH J |
62. Uniti Group Limited, in the matter of Uniti Group Limited [2022] FCA 671
| CORPORATIONS - scheme of arrangement - scheme concerning shares - two classes of shareholders - s 411(1) of the Corporations Act 2001 (Cth) - first Court hearing - orders for convening two separate meetings of shareholders |
| Date: 7 Jun 2022 Judge: BEACH J |
63. FKV17 v Minister for Home Affairs [2022] FCAFC 93
| MIGRATION - consideration of whether the Federal Circuit Court (the "primary court") engaged in jurisdictional error in considering an application and ultimately exercising the discretion arising under s 477(2) of the Migration Act 1958 (Cth) (the |
| Date: 25 May 2022 Judge: GREENWOOD, RANGIAH AND BEACH JJ |
64. Heiner v Minister for Home Affairs [2022] FCAFC 81
| ADMINISTRATIVE LAW -- appeal from dismissal of application for judicial review of a decision of the Australian Human Rights Commission to cease inquiring into appellant's complaint -- where appellant's Australian citizenship ceased in 1999 by |
| Date: 17 May 2022 Judge: KATZMANN, BEACH AND GOODMAN JJ |
| CORPORATIONS - securities - general security deed - collateral being all present and after acquired property- grantor acting in capacity as trustee - security under general security deed - securing of obligations under loan note subscription |
| Date: 12 May 2022 Judge: BEACH J |
66. Zantran Pty Limited v Crown Resorts Limited (No 4) [2022] FCA 500
| REPRESENTATIVE PROCEEDINGS - settlement approval - s 33V(1) of Federal Court of Australia Act 1976 (Cth) - settlement distribution scheme - reasonableness of deductions - whether to make a common fund order under s 33V(2) - funding equalisation |
| Date: 29 Apr 2022 Judge: BEACH J |
| CORPORATIONS - provision of financial services - regulatory proceedings - six proceedings brought by the Australian Securities and Investments Commission - contraventions by Westpac Banking Corporation and its subsidiaries - numerous breaches of the |
| Date: 22 Apr 2022 Judge: BEACH J |
| MIGRATION - jurisdictional error - failure of Immigration Assessment Authority to consider material - materiality of error - appeal allowed. |
| Date: 14 Apr 2022 Judge: BEACH J |
69. Minister for the Environment v Sharma (No 2) [2022] FCAFC 65
| REPRESENTATIVE PROCEEDINGS - whether orders should be made that proceeding not continue as a representative proceeding |
| Date: 14 Apr 2022 Judge: ALLSOP CJ, BEACH AND WHEELAHAN JJ |
| MIGRATION - judicial review - decision of Minister under s 501CA(4) of the Migration Act 1958 (Cth) - refusal to revoke decision to cancel visa - personal decision of Minister - taking into account Direction 90 - substantial criminal record - |
| Date: 14 Apr 2022 Judge: BEACH J |
| MIGRATION - application for judicial review - jurisdictional error - failure to properly consider clause 8.3(4)(d) of Direction 90 - failure to consider representations - application dismissed |
| Date: 12 Apr 2022 Judge: BEACH J |
72. Commissioner of Taxation v Balasubramaniyan [2022] FCA 374
| FOREIGN ACQUISITIONS - acquisition of real property - residential property - contraventions of Foreign Acquisitions and Takeovers Act 1975 (Cth) - passive investments - contraventions of s 94(1) concerning failure to notify residential land |
| Date: 8 Apr 2022 Judge: BEACH J |
73. Novartis AG v Pharmacor Pty Limited [2022] FCAFC 58
| PRACTICE AND PROCEDURE - application for leave to appeal - patent litigation - where respondent/cross-claimant below filed expert evidence from one neurologist - where applicants/cross-respondents below filed expert evidence from four neurologists - |
| Date: 4 Apr 2022 Judge: YATES, BEACH AND MOSHINSKY JJ |
74. Diversa Pty Ltd v Taiping Trustees Limited [2022] FCA 316
| FINANCE AND SECURITIES - corporate finance - security interest in shares - competing priorities - general security deeds - AllPAP security interests - secured promissory notes - security interests under the Personal Property Securities Act 2009 (Cth) |
| Date: 31 Mar 2022 Judge: BEACH J |
75. Parkin v Boral Limited (Class Closure) [2022] FCAFC 47
| REPRESENTATIVE PROCEEDINGS - class closure orders - two questions reserved for determination - first question as to whether Court has power under s 33ZF of the Federal Court of Australia Act 1976 (Cth) to order that unless group members register or |
| Date: 28 Mar 2022 Judge: MURPHY, BEACH and LEE JJ |
76. Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) (No 2) [2022] FCA 234
| CORPORATIONS - voluntary administration of Probuild group of companies - application under ss 439A(5)(b) and (6) of the Corporations Act 2001 (Cth) - convening period for second meeting of creditors - making of "Daisytek order" - committees of |
| Date: 16 Mar 2022 Judge: BEACH J |
77. Minister for the Environment v Sharma [2022] FCAFC 35
| NEGLIGENCE - representative proceeding on behalf of Australian children under 18 against the Minister for the Environment - threat of global warming and climate change to the world and mankind - novel duty of care - declaration that Minister owed |
| Date: 15 Mar 2022 Judge: ALLSOP CJ, BEACH AND WHEELAHAN JJ |
78. Hall v Arnold Bloch Leibler (a firm) (No 2) [2022] FCA 163
| 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 - operation |
| Date: 4 Mar 2022 Judge: BEACH J |
79. Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169
| CORPORATIONS - voluntary administration of Probuild group of companies - application under ss 443B(8) and 447A(1) of the Corporations Act 2001 (Cth) modifying the administrators' personal liability under ss 443A(1)(c) and 443B(2) and the period |
| Date: 2 Mar 2022 Judge: BEACH J |
| CORPORATIONS - members' scheme of arrangement - first court hearing - orders sought under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) - cash consideration - special dividend - performance rights and directors' benefits - exercise of |
| Date: 14 Feb 2022 Judge: BEACH J |
| MIGRATION - Immigration Assessment Authority (IAA) - where primary judge found that the "receiving country" at the time of the IAA's decision, namely Afghanistan, had ceased to exist and that there was the "new existence of a county being the |
| Date: 11 Feb 2022 Judge: BEACH, THAWLEY AND CHEESEMAN JJ |
82. Evans v Davantage Group Pty Ltd (No 4) [2021] FCA 1634
| REPRESENTATIVE PROCEEDINGS - undistributed remainder of settlement sum - competing claims to the residual - application of s 33V(2) of the Federal Court of Australia Act 1976 (Cth) - relevance of equitable principles - relevance and scope of cy-pres |
| Date: 22 Dec 2021 Judge: BEACH J |
83. Kew v Director of Professional Services Review [2021] FCA 1607
| ADMINISTRATIVE LAW - judicial review - professional services review scheme under Part VAA of the Health Insurance Act 1973 (Cth) - finding of "inappropriate practice" by Professional Services Review Committee - rendering of services by radiologist |
| Date: 17 Dec 2021 Judge: BEACH J |
84. Stack v AMP Financial Planning Pty Limited (No 2) [2021] FCA 1479
| CORPORATIONS - representative proceeding - practice and procedure - de-classing action - s 33N of the Federal Court of Australia Act 1976 (Cth) - s 33N(1)(c) - whether representative proceeding an efficient and effective means of dealing with claims |
| Date: 25 Nov 2021 Judge: BEACH J |
| PRACTICE AND PROCEDURE - costs - appeal - where the proceeding at first instance involved an application for directions and judicial advice - where a representative party unsuccessfully appealed the directions of the primary judge - whether costs of |
| Date: 19 Nov 2021 Judge: MIDDLETON, BEACH AND MOSHINSKY JJ |
86. Stanwell Corporation Limited v LCM Funding Pty Ltd [2021] FCA 1430
| CORPORATIONS - cartel representative proceeding - bidding strategies of Queensland electricity generators - managed investment scheme - litigation funder - purpose of scheme - whether two separate schemes - financial product - whether funding scheme |
| Date: 17 Nov 2021 Judge: BEACH J |
87. Australian Securities and Investments Commission v Mitchell (No 4) [2021] FCA 1387
| COSTS - indemnity costs - existence of power - exercise of discretion - order refused |
| Date: 5 Nov 2021 Judge: BEACH J |
| CORPORATIONS - members' scheme of arrangement - competing takeover offer - convening of scheme meeting - ss 411(1) and 1319 of the Corporations Act 2001 (Cth) - scheme consideration - scrip consideration - exchange ratio - ratio of net tangible |
| Date: 4 Nov 2021 Judge: BEACH J |
89. Dialogue Consulting Pty Ltd v Instagram, Inc (No 2) [2021] FCA 1322
| CORPORATIONS - services provided on social media platforms - variation of injunction - conflicting terms of international instruments - US federal injunction - Federal Trade Commission (US) administrative order - whether conflicting obligations on |
| Date: 27 Oct 2021 Judge: BEACH J |
| CORPORATIONS - financial services and markets - where corporation (Halifax AU) holding an Australian Financial Services Licence went into administration and, subsequently, liquidation - where liquidators of Halifax AU applied to the Court for |
| Date: 26 Oct 2021 Judge: MIDDLETON, BEACH and MOSHINSKY JJ |
| MIGRATION - jurisdictional error made by Tribunal - failure to consider corroborative witness statements - materiality - application for judicial review - primary judge dismissed application - appeal allowed |
| Date: 12 Oct 2021 Judge: BEACH J |
92. 5G Networks Limited, in the matter of 5G Networks Limited [2021] FCA 1189
| CORPORATIONS - reverse takeover -- members' scheme of arrangement -- first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - performance risk - reimbursement fee - performance rights - need for separate classes - other |
| Date: 1 Oct 2021 Judge: BEACH J |
93. Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) [2021] FCAFC 161
| CORPORATIONS - continuous disclosure obligations under s 674 of Corporations Act 2001 (Cth) - application of ASX listing rules 3.1 and 3.1A - non-disclosure of material information - shareholders' claims for damages under s 1317HA of Corporations |
| Date: 3 Sep 2021 Judge: MIDDLETON, BEACH AND COLVIN JJ |
94. Thaler v Commissioner of Patents [2021] FCA 879
| PATENTS - artificial intelligence - machine learning - artificial neural networks - invention produced by a computer - semi-autonomous systems - concept of inventor - whether a machine can be an inventor - whether only a human can invent - device |
| Date: 30 Jul 2021 Judge: BEACH J |
95. Verix Pty Ltd v Williams [2021] FCA 748
| CORPORATIONS - former employee - preparatory steps to establish competitive business - duties and obligations to employer - employment contract - implied duties of good faith and fidelity - fiduciary duties - duties under ss 182 and 183 of |
| Date: 2 Jul 2021 Judge: BEACH J |
| PRACTICE AND PROCEDURE - appeal - form of remitter to primary judge COSTS - whether in relation to the appeal there is any reason to apportion costs taking account of the parties' success or failure on certain issues - costs of interlocutory |
| Date: 1 Jul 2021 Judge: KATZMANN, BEACH AND MARKOVIC JJ |
| MIGRATION - leave to appeal from decision of Federal Circuit Court - leave refused |
| Date: 30 Jun 2021 Judge: BEACH J |
| MIGRATION - appeal from Federal Circuit Court - asserted jurisdictional error by Immigration Assessment Authority - effect of mistranslation or incomplete translation of letter to appellant - failure to consider or exercise power under s 473DC(3) of |
| Date: 28 Jun 2021 Judge: BEACH J |
| PRACTICE AND PROCEDURE - costs - appeal and cross-appeal - where appeal allowed and cross-appeal dismissed - whether, in relation to the appeal and cross-appeal, any basis to depart from the ordinary rule that costs follow the event - whether, in |
| Date: 25 Jun 2021 Judge: BEACH, MOSHINSKY AND THAWLEY JJ |
100. Thomas v Commonwealth Financial Planning Limited [2021] FCA 665
| CORPORATIONS - group proceeding - claims for excess premiums - standing of applicants - claims as beneficiaries of superannuation trusts - beneficiaries having statutory causes of action - trustees of superannuation trusts having no cause of action - |
| Date: 18 Jun 2021 Judge: BEACH J |
