Browse Federal Court JudgmentsBy Judge - Beach J |
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(Beach
J)
: 421
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1. 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 |
2. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
10. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
19. 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 |
20. 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 |
21. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
50. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
75. 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 |
76. 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 |
78. 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 |
79. 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 |
80. 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 |
83. 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 |
84. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
93. 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 |
96. 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 |
99. 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 |
100. 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 |
