Browse Federal Court Judgments

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1. Deppeler (Liquidator), in the matter of ACN 085 483 923 Limited (in liq) [2025] FCA 857

CORPORATIONS – insolvency – distribution of funds – whether funds held on trust for charitable purposes –funds formed part of company’s assets – liquidators entitled to apply funds

Date: 24 Jul 2025     Judge: BENNETT J

2. Yong v Westpac Banking Corporation [2025] FCA 816

PRACTICE AND PROCEDURE – application for review of a decision of Registrar to require production of discovered documents – whether documents subject to legal professional privilege – whether communications made for dominant purpose of legal

Date: 24 Jul 2025     Judge: BENNETT J

3. Simpson v Taylors Business Pty Ltd [2025] FCA 835

PRACTICE AND PROCEDURE – application by director to represent a company where director is not a lawyer – whether to exercise Court’s discretion to waive compliance with r 4.01(2) of the Federal Court Rules 2011 (Cth) – application dismissed

Date: 21 Jul 2025     Judge: BENNETT J

4. First Peoples of the Millewa-Mallee Native Title Claim Group v State of Victoria [2025] FCA 799

NATIVE TITLE – consent determination of native title under s 87 of the Native Title Act 1993 (Cth)

Date: 18 Jul 2025     Judge: BENNETT J

5. Mai v Minister for Immigration and Citizenship [2025] FCA 810

MIGRATION – extension of time application under s 477A(2) of the Migration Act 1958 (Cth) – whether adequate reasons for delay – substantive merits of proposed application – application dismissed

Date: 17 Jul 2025     Judge: BENNETT J

6. PointsBet Holdings Limited, in the matter of PointsBet Holdings Limited (No 2) [2025] FCA 645

CORPORATIONS – members’ scheme of arrangement –application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) regarding supplementary disclosure – where supplementary disclosure concerns revised scheme consideration,

Date: 17 Jun 2025     Judge: BENNETT J

7. Spall v Minister for Home Affairs [2025] FCAFC 75

MIGRATION – Appeal from decision of single judge affirming decision of Minister for Home Affairs to revoke the Appellant’s Australian citizenship pursuant to s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) – construction of a 34(5)

Date: 11 Jun 2025     Judge: BUTTON, MCDONALD AND BENNETT JJ

8. Wilson v Victorian Aboriginal Child and Community Agency [2025] FCA 559

INDUSTRIAL LAW – Application for extension of time to make general protections court application under s 370 of the Fair Work Act 2009 (Cth) –where explanation for delay – where limited prejudice – whether extension of time appropriate

Date: 3 Jun 2025     Judge: BENNETT J

9. Victorian Legal Services Board v Kuksal, in the matter of Kuksal [2025] FCA 508

COURTS AND JUDGES – Apprehended bias –circumstances giving rise to reasonable apprehension of bias – former professional relationship with counsel – former professional relationship with party to proceeding – former professional

Date: 19 May 2025     Judge: BENNETT J

10. PointsBet Holdings Limited, in the matter of PointsBet Holdings Limited [2025] FCA 463

CORPORATIONS – members’ scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff – whether statutory prerequisites satisfied –

Date: 8 May 2025     Judge: BENNETT J

11. Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd (No 2) [2025] FCA 418

COSTS – appeal from Registrar of Trade Marks successful – costs of appeal proceeding – where submitting notice filed – where success partially based on evidence not advanced before delegate of Registrar – where concessions made which were

Date: 30 Apr 2025     Judge: BENNETT J

12. GRCF v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 415

MIGRATION – application for judicial review of a Minister’s decision made personally under s 501BA of the Migration Act 1958 (Cth) – where part of the Minister’s reasoning illogical – whether illogicality was material – where the

Date: 29 Apr 2025     Judge: BENNETT J

13. UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 2) [2025] FCA 417

PRACTICE AND PROCEDURE – where Applicant seeks leave to file and serve proposed further amended statement of claim – where new claims present triable issues – explanation for delay – prejudice – impact on trial date and other matters –

Date: 11 Apr 2025     Judge: BENNETT J

14. Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd [2025] FCA 218

INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks –

Date: 21 Mar 2025     Judge: BENNETT J

15. Purcell v IDN24 [2025] FCA 215

CONTEMPT OF COURT – Contempt of the Australian Crime Commission punishable as contempt of Federal Court – failure or refusal to answer questions – whether a purported lack of recollection could amount to a failure or refusal to answer

Date: 19 Mar 2025     Judge: BENNETT J

16. Multigate Medical Devices Pty Ltd v B Braun Melsungen AG (No 2) [2016] FCAFC 41

Date: 16 Mar 2016     Judge: BENNETT, YATES AND BEACH JJ

17. Crescent Capital Partners Management Pty Limited v Crescent Funds Management (Aust) Limited [2016] FCA 229

TRADE PRACTICES – misleading and deceptive conduct claims brought under Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth) – companies engaged in financial services industry – whether contravening

Date: 9 Mar 2016     Judge: BENNETT J

18. Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27

INTELLECTUAL PROPERTY – PATENTS – best method requirement – construction of Patents Act 1990 (Cth), s 40(2)(a) – whether requirements of s 40(2)(a) met when sufficiency of description satisfied – test in Kimberly-Clark Australia Pty

Date: 8 Mar 2016     Judge: BENNETT, BESANKO AND BEACH JJ

19. Multigate Medical Devices Pty Ltd v B Braun Melsungen AG [2016] FCAFC 21

PATENTS – intravenous catheters – safety needle protecting devices – construction of integers of claims – infringement – infringement claim upheld by primary judge – leave to appeal granted – appeal allowed in part

Date: 3 Mar 2016     Judge: BENNETT, YATES AND BEACH JJ

20. JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20

CONTRACT - consideration of the relevant principles for the construction of a commercial contract - whether Recitals taken into account - whether court may have regard to conduct after the contract - identification of commercial purpose or object of

Date: 3 Mar 2016     Judge: BENNETT, GREENWOOD AND BESANKO JJ

21. Morellini v Mizzi Family Holdings Pty Ltd [2016] FCAFC 13

PATENTS - innovation patent for cane billet planter - infringement - whether infringement proved PATENTS - validity - novelty - whether lack of novelty established PATENTS - validity - innovative step - whether lack of innovative step arises as an

Date: 16 Feb 2016     Judge: BENNETT, GREENWOOD AND YATES JJ

22. Diab Pty Ltd v YUM! Restaurants Australia Pty Ltd [2016] FCA 43

CONTRACTS - representative action - respondent franchisor implemented a strategy setting maximum prices and product ranges for franchisees - whether, on the proper construction of the franchise agreement, the franchisor was in breach by reducing the

Date: 5 Feb 2016     Judge: BENNETT J

23. Voxson Pty Limited v Telstra Corporation Limited (No 2) [2015] FCA 1491

PATENTS - application to strike out amended statement of claim - process of iterative proposed amendments - claims of infringement of a "system" being a product or method - whether strike out or leave to amend

Date: 23 Dec 2015     Judge: BENNETT J

24. Voxson Pty Limited v Telstra Corporation Limited [2015] FCA 1490

PATENTS - applications to strike out amended statement of claim - process of iterative proposed amendments - claims of infringement of a "system" being a product or method - whether strike out or leave to amend

Date: 23 Dec 2015     Judge: BENNETT J

25. Voxson Pty Limited v Telstra Corporation Limited (No 3) [2015] FCA 1492

COSTS - strike out applications - process of iterative proposed amendments to the statement of claim - where respondents repeatedly notified applicant about defects in pleading - costs thrown away by amendment - indemnity costs - removal of

Date: 23 Dec 2015     Judge: BENNETT J

26. Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177

PATENTS - whether leave to appeal under s 158(2) of the Patents Act 1990 (Cth) in respect of judgment of single judge determining an appeal from a decision of the Commissioner - where claimed invention a method and system for computerised collection

Date: 11 Dec 2015     Judge: KENNY, BENNETT AND NICHOLAS JJ

27. SZWBT v Minister for Immigration and Border Protection [2015] FCA 1307

Date: 25 Nov 2015     Judge: BENNETT J

28. ADK15 v Minister for Immigration and Border Protection [2015] FCA 1187

MIGRATION - appellant is a non-practising Muslim and agnostic - Tribunal rejected past claimed religious and political activism - Tribunal rejected future political and associated religious activism - Tribunal concluded that the appellant would not

Date: 6 Nov 2015     Judge: BENNETT J

29. Christian v Societe Des Produits Nestle SA (No 1) [2015] FCAFC 152

Date: 4 Nov 2015     Judge: BENNETT, KATZMANN AND DAVIES JJ

30. Christian v Societe Des Produits Nestle SA (No 2) [2015] FCAFC 153

TRADE MARKS -- where primary judge made findings of trade mark infringement and consequential orders -- whether primary judge erred in considering the use of a logo in making his findings of infringement when that logo was not used in an actual sale

Date: 4 Nov 2015     Judge: BENNETT, KATZMANN AND DAVIES JJ

31. Alphapharm Pty Ltd v H Lundbeck A/S [2015] FCAFC 138

PATENTS - construction of claim - whether claim to a (+)-enantiomer includes a further integer or limitation of isolation or purity such that it is no longer to a pharmaceutical substance per se - whether extension of term of the Patent should be

Date: 22 Sep 2015     Judge: BENNETT, NICHOLAS AND YATES JJ

32. Kalinovas v Republic of Lithuania [2015] FCA 961

EXTRADITION - whether the review of a magistrate's decision is a "rehearing" under the Extradition Act 1988 (Cth) s 21 - whether the Court is permitted to have regard only to the material before the magistrate - whether the "supporting documents" in

Date: 31 Aug 2015     Judge: BENNETT J

33. SZUYF v Minister for Immigration and Border Protection [2015] FCA 926

Date: 21 Aug 2015     Judge: BENNETT J

34. SZTFR v Minister for Immigration and Border Protection [2015] FCA 545

MIGRATION - whether the Tribunal decision was illogical or irrational, or legally unreasonable - whether the Tribunal failed to consider an integer of the appellant's claim - whether the Tribunal misapplied s 91R of the Migration Act 1958 (Cth) -

Date: 2 Jun 2015     Judge: BENNETT J

35. SZUPV v Minister for Immigration and Border Protection [2015] FCA 511

Date: 15 May 2015     Judge: BENNETT J

36. SZTPP v Minister for Immigration and Border Protection [2015] FCA 508

Date: 12 May 2015     Judge: BENNETT J

37. SZVEY v Minister for Immigration and Border Protection [2015] FCA 394

Date: 30 Mar 2015     Judge: BENNETT J

38. Seven Network Limited v Commissioner of Taxation (No 2) [2015] FCA 201

COSTS - indemnity costs - Calderbank offer immediately prior to hearing - counsel's advice that case was arguable - public interest - reasonableness of refusal

Date: 13 Mar 2015     Judge: BENNETT J

39. Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29

PATENTS - application for extension of time under s 223 of the Patents Act 1990 (Cth) - application for extension of time for examination of patent application - extension sought from date before the commencement of Schedule 1 of the Intellectual

Date: 13 Mar 2015     Judge: BENNETT, GREENWOOD AND MIDDLETON JJ

40. Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31

PATENTS - validity - novelty of claimed invention - prior use - whether access to a product constitutes prior use of the claimed invention for the purposes of s 7(1) of the Patents Act 1990 (Cth)

Date: 13 Mar 2015     Judge: BENNETT, JESSUP AND YATES JJ

41. Konami Gaming Inc v Aristocrat Technologies Australia Pty Ltd [2015] FCA 92

PATENTS - construction of some integers of the claims as separate determination PATENTS - meaning of "round of a game" - whether it refers to both a normal game and bonus game - meaning of "independent" as ordinary English meaning

Date: 19 Feb 2015     Judge: BENNETT J

42. Brown v Minister for Immigration and Border Protection [2015] FCA 75

MIGRATION - application for review of decision made by Minister personally to cancel applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) - jurisdictional error - whether Minister misconstrued the terms of paragraph 9.21(1)(a)(i) of

Date: 16 Feb 2015     Judge: BENNETT J

43. SZTNW v Minister for Immigration and Border Protection [2015] FCA 619

Date: 9 Feb 2015     Judge: BENNETT J

44. Ekinci v Civil Aviation Safety Authority [2014] FCAFC 180

ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal - Administrative Appeals Tribunal Act 1975 (Cth) s 44 - suspension and cancellation of licences and certificates of approval - application and construction of Civil

Date: 23 Dec 2014     Judge: BENNETT, NICHOLAS AND GRIFFITHS JJ

45. Regency Media Pty Ltd v MPEG LA, L.L.C [2014] FCAFC 183

INTELLECTUAL PROPERTY - patents - Patents Act 1990 (Cth), s 145 - contract for a licence to a portfolio of patents - right to terminate a contract after a patent ceases to be in force - meaning of "a patented invention" - whether the entitlement to

Date: 22 Dec 2014     Judge: BENNETT, NICHOLAS AND PAGONE JJ

46. Seven Network Limited v Commissioner of Taxation [2014] FCA 1411

INTELLECTUAL PROPERTY - copyright - cinematograph film - subject matter is an electromotive force that transmits data to some form of receiving device - whether signal is embodied in any article or thing. TAXATION - Agreement between Australia and

Date: 22 Dec 2014     Judge: BENNETT J

47. Ly v The Queen [2014] FCAFC 175

COPYRIGHT - offence under s 132AJ(1) of the Copyright Act 1968 (Cth) – possession of infringing DVDs with the intention of selling – penalty imposed. TRADE MARK – offence under s 148(1) of the Trade Marks Act 1995 (Cth) – exposure of goods

Date: 17 Dec 2014     Judge: KENNY, BENNETT AND WIGNEY JJ

48. Shaw v Yarranova Pty Ltd [2014] FCAFC 171

BANKRUPTCY - the making of a sequestration order - refusal to go behind a judgment - order properly made. PRACTICE AND PROCEDURE - abuse of process - refusal by primary Judge to accede to disqualification application. PRACTICE AND PROCEDURE -

Date: 12 Dec 2014     Judge: BENNETT, FLICK and YATES JJ

49. Deputy Commissioner of Taxation v Lyons [2014] FCA 1353

SUPERANNUATION - penalties - agreed facts -Superannuation Industry (Supervision) Act 1993 (Cth) ss 62, 65, 84 and 109 - regulated superannuation fund - self-managed superannuation fund - in-house assets - related party - seriousness of

Date: 12 Dec 2014     Judge: BENNETT J

50. Clement v Comcare [2014] FCAFC 164

ADMINISTRATIVE LAW - whether primary judge failed to exercise jurisdiction. CONSTITUTIONAL LAW - whether s 44 of Administrative Appeals Tribunal Act 1975 (Cth) unconstitutional - whether ceasing of compensation payments under Safety, Rehabilitation

Date: 28 Nov 2014     Judge: BENNETT, KATZMANN and WIGNEY JJ

51. Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150

PATENTS - s 18(1)(a) of the Patents Act 1990 (Cth) - where claimed invention provides a method to create a securities index by means of a computer - whether a patentable invention - whether a manner of manufacture within the meaning of s6 of the

Date: 10 Nov 2014     Judge: KENNY, BENNETT AND NICHOLAS JJ

52. Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (No 3) [2014] FCAFC 126

COSTS - respondents successful at first instance and before the Full Court - appellant successful on infringement before the High Court - whether costs should follow the event or be assessed on an issues basis - percentage reduction of entitlement

Date: 26 Sep 2014     Judge: BENNETT AND YATES JJ

53. Eagle v Civil Aviation Safety Authority [2014] FCA 1016

NEGLIGENCE - proceedings against Civil Aviation Safety Authority (CASA) - whether an applicant for certification is owed a duty of care by CASA - whether statutory or common law duty to provide certification includes a duty to act without

Date: 18 Sep 2014     Judge: BENNETT J

54. N &amp

PATENTS - innovation patent - infringement - two integers contested - meaning of "through the wall".

Date: 5 Sep 2014     Judge: BENNETT, GREENWOOD AND MORTIMER JJ

55. D'Arcy v Myriad Genetics Inc [2014] FCAFC 115

PATENTS - Patent including claims for isolated nucleic acid - whether claims to composition comprising isolated nucleic acid are for a manner of manufacture for purposes of s 18(1)(a) of Patents Act 1990 (Cth).

Date: 5 Sep 2014     Judge: ALLSOP CJ, DOWSETT, KENNY, BENNETT and MIDDLETON JJ

56. Miles v Commissioner of Patents [2014] FCAFC 109

ADMINISTRATIVE LAW - application for judicial review under s 39B of the Judiciary Act 1903 (Cth) - review of Commissioner's decision not to consider whether to issue a direction under s 107 of the Patents Act 1990 (Cth). PATENTS - lapsing of

Date: 26 Aug 2014     Judge: BENNETT, GREENWOOD AND MIDDLETON JJ

57. Comcare v Prater [2014] FCA 895

WORKERS' COMPENSATION - appeal on a question of law from the Administrative Appeals Tribunal - whether the Tribunal failed to state and apply the correct standard of proof or ask the correct questions - whether the Tribunal failed to consider or

Date: 22 Aug 2014     Judge: BENNETT J

58. Wilmink as Trustee for the Bangarra Trust v Westpac Banking Corporation (No 2) [2014] FCA 889

Date: 19 Aug 2014     Judge: BENNETT J

59. Wilmink as Trustee for the Bangarra Trust v Westpac Banking Corporation [2014] FCA 872

CONTRACT - default on loan agreement - whether bill of exchange constituted payment

Date: 19 Aug 2014     Judge: BENNETT J

60. MZZFD v Minister for Immigration and Border Protection [2014] FCA 569

MIGRATION - procedural fairness - whether s 36(2)(aa) on the issue of complementary protection required additional hearing

Date: 3 Jun 2014     Judge: BENNETT J

61. Ninan v Hannigan [2014] FCA 258

ADMINSTRATIVE LAW - judicial review - Federal Court Rules 2.26 and 36.02 - whether Deputy District Registrar properly exercised power to refuse to accept documents for filing.

Date: 25 Mar 2014     Judge: BENNETT J

62. Comcare v Dunstan [2014] FCAFC 21

WORKERS' COMPENSATION - appeal on a question of law from the Administrative Appeals Tribunal - superannuation benefits deferred under s 137 of Superannuation Act 1976 (Cth) - respondent reached preservation age of 55 - whether Tribunal erred in law

Date: 7 Mar 2014     Judge: BENNETT, ROBERTSON AND KERR JJ

63. SZSSO v Minister for Immigration and Border Protection [2014] FCA 192

Date: 5 Mar 2014     Judge: BENNETT J

64. Samsung Electronics Co. Limited v Apple Inc. [2013] FCA 1142

PRACTICE AND PROCEDURE - application to rely on evidence filed out of time - nature and complexity of evidence - expansion of case - amendment of pleadings - imminent commencement of hearing - case management principles. EVIDENCE - application to

Date: 4 Nov 2013     Judge: BENNETT J

65. GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Limited [2013] FCAFC 102

PATENTS - application for leave to appeal from interlocutory injunction restraining infringement of patent - whether primary judge correctly precluded appellant from arguing that patent claims were invalid for lack of fair basis - whether primary

Date: 2 Sep 2013     Judge: BENNETT, JAGOT AND GRIFFITHS JJ

66. Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited [2013] FCAFC 96

PATENTS - validity - standard patent and innovation patent - electronic gaming machines - application of Cripps question - test of obviousness - infringement.

Date: 23 Aug 2013     Judge: BENNETT, JAGOT AND ROBERTSON JJ

67. Ferdinands v Chief of Army [2013] FCAFC 103

PRACTICE AND PROCEDURE - extension of time within which to seek leave to appeal from order of Defence Force Magistrate - vexatious proceedings - abuse of process.

Date: 12 Aug 2013     Judge: ALLSOP CJ, NORTH J, BENNETT J, SIOPIS J & LOGAN J

68. Muswellbrook Shire Council v Royal Bank of Scotland NV [2013] FCA 616

PRACTICE AND PROCEDURE - representative proceedings - where subpoena is sought to compel production of document from third party - general power of court to make orders - requirement that Court make orders in best interests of group members -

Date: 20 Jun 2013     Judge: BENNETT J

69. DC Comics v Cheqout Pty Ltd [2013] FCA 478

TRADE MARKS – appeal from decision of the delegate of Registrar of Trade Marks allowing registration of applicant’s mark – whether trade mark is deceptively similar to respondent’s mark – whether application to register trade mark made in

Date: 22 May 2013     Judge: BENNETT J

70. ATS Pacific Pty Ltd v Commissioner of Taxation [2013] FCA 341

TAXATION – Goods and Services Tax – characterisation of supply – booking and arranging services provided by Australian company to overseas travel agents for overseas tourists in Australia – whether merely supply of booking and arranging

Date: 15 Apr 2013     Judge: BENNETT J

71. TPG Internet Pty Ltd v Australian Competition &amp

TRADE PRACTICES - penalty and consequential relief - principles relevant to the imposition of a penalty.

Date: 4 Apr 2013     Judge: JACOBSON, BENNETT & GILMOUR JJ

72. Gashi v Commissioner of Taxation [2013] FCAFC 30

INCOME TAX - assessable income - husband failed to lodge returns in some years and lodged returns in others - wife failed to lodge returns in all years - Commissioner assessed husband and wife as liable to tax using asset betterment method pursuant

Date: 14 Mar 2013     Judge: BENNETT, EDMONDS & GORDON JJ

73. Generic Health Pty Ltd v Otsuka Pharmaceutical Co., Ltd [2013] FCAFC 17

PATENTS - s 117(2)(b) of the Patents Act 1990 (Cth) - whether supplier of product, which was not a staple commercial product, had reason to believe that the person to whom product supplied would put the product to an infringing use. PATENTS - appeal

Date: 6 Mar 2013     Judge: EMMETT, BENNETT AND GREENWOOD JJ

74. SZRGW v Minister for Immigration and Citizenship [2013] FCA 100

Date: 13 Feb 2013     Judge: BENNETT J

75. SZRIE v Minister for Immigration and Citizenship [2013] FCA 99

Date: 12 Feb 2013     Judge: BENNETT J

76. Yazbek v Commissioner of Taxation [2013] FCA 39

TAXATION - judicial review of decision of Administrative Appeals Tribunal - interlocutory decision on preliminary question - whether Court has jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - meaning of the word

Date: 31 Jan 2013     Judge: BENNETT J

77. Bayer Pharma Aktiengesellschaft v Genentech, Inc. [2012] FCA 1467

PRACTICE &amp

Date: 20 Dec 2012     Judge: Bennett J

78. TPG Internet Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 190

TRADE PRACTICES - misleading or deceptive advertisements - whether primary judge erred in finding advertisements were misleading or deceptive - application of relevant legal principles to facts TRADE PRACTICES - imposition of penalty discretionary -

Date: 20 Dec 2012     Judge: Jacobson, Bennett and Gilmour JJ

79. Repatriation Commission v Bawden [2012] FCAFC 176

DEFENCE AND WAR - veterans' entitlements - pension - war veteran who rendered operational service - claim that veteran suffered post traumatic stress disorder that was war-caused - whether primary judge erred in holding that diagnosis of PTSD does

Date: 3 Dec 2012     Judge: KEANE CJ, JACOBSON &amp

80. AB (deceased) (on behalf of the Ngarla People) v State of Western Australia (No 4) [2012] FCA 1268

NATIVE TITLE - Application for determination of native title - claim for rights and interests by reason of licence or permission given by the relevant normative society - whether the relevant normative society was the language group or a broader

Date: 21 Nov 2012     Judge: Bennett J

81. Hughes on behalf of the Eastern Guruma People (No 2) v State of Western Australia [2012] FCA 1267

NATIVE TITLE – consent determination of native title – requirements of s 87 – whether proposed consent determination within power – whether proposed consent determination appropriate – proposed determination within power and appropriate

Date: 20 Nov 2012     Judge: Bennett J

82. Amir v Minister for Immigration and Citizenship [2012] FCA 1102

PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from decision to dismiss application for incompetency - applicant was a minor without legal representation - r 9.63 Federal Court Rules 2011 (Cth)

Date: 11 Oct 2012     Judge: Bennett J

83. SZABO v COMCARE [2012] FCAFC 129

ADMINISTRATIVE LAW – appeal from dismissal of appeal from decision of the Administrative Appeals Tribunal – Tribunal decision that applicant not entitled to compensation under ss 16 and 29 of the Safety, Rehabilitation and Compensation Act 1988

Date: 7 Sep 2012     Judge: Emmett, Bennett & Greenwood JJ

84. Clement v Comcare [2012] FCAFC 118

APPEAL AND NEW TRIAL – appeal from dismissal of appeal from decision of Administrative Appeals Tribunal (AAT) – whether AAT correctly exercised jurisdiction – whether AAT denied appellant procedural fairness – whether primary judge erred in

Date: 29 Aug 2012     Judge: Bennett, Logan & Barker JJ

85. SZRAD v Minister for Immigration and Citizenship [2012] FCA 901

Date: 23 Aug 2012     Judge: Bennett J

86. Shi v Minister for Immigration and Citizenship [2012] FCAFC 116

MIGRATION - Direction 41 made by Minister under s 499 of the Migration Act 1958 (Cth) - other considerations - level of education - when a consideration is 'relevant' within the meaning of clause 11(3)(f)(ii) of Direction 41

Date: 23 Aug 2012     Judge: Bennett, Edmonds & Buchanan JJ

87. Unit Trend Services Pty Ltd v Commissioner of Taxation [2012] FCAFC 112

TAXATION - consideration of the application of the margin scheme to the supply of units in a property development - consideration of the instruments to be applied in calculating the margin - consideration of the elements of a scheme for the purposes

Date: 17 Aug 2012     Judge: Dowsett, Bennett & Greenwood JJ

88. Sharp v Cossack Pearls Pty Ltd [2012] FCAFC 110

CONTRACTS - whether breach of contract by the holder of a Pearl License in allocating quota to a third party and refusing to supply its contactor with tags caused contractor's loss - whether pearling agreement was validly terminated

Date: 16 Aug 2012     Judge: Emmett, Bennett & McKerracher JJ

89. Young Investments Group Pty Ltd v Mann [2012] FCAFC 107

PRACTICE AND PROCEDURE - adequacy of pleadings - appeal against strike out of pleadings at first instance insofar as they alleged breaches of the Corporations Act 2001 (Cth) and breaches of fiduciary duty against directors of certain companies -

Date: 14 Aug 2012     Judge: Emmett, Bennett & McKerracher JJ

90. Mitsui & Co (Australia) Ltd v Commissioner of Taxation [2012] FCAFC 109

TAXATION – allowable deductions for depreciating assets under Income Tax Assessment Act 1997 (Cth) – where taxpayer acquired partial interest in a production licence granted under Petroleum (Submerged Lands) Act 1967 (Cth) – whether taxpayer

Date: 14 Aug 2012     Judge: Emmett, Bennett & Gilmour JJ

91. Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (No 2) [2012] FCAFC 102

PATENTS - proper construction of claim of patent - method claim - medical treatment - validity - whether invention novel - whether invention as claimed a manner of manufacture - infringement - whether appellant threatened to infringe patent by

Date: 18 Jul 2012     Judge: Keane CJ, Bennett and Yates JJ

92. Apotex Pty Ltd v Les Laboratoires Servier (No 2) [2012] FCA 748

PRACTICE & PROCEDURE – Service outside Australia – whether overseas entities that were part of the same corporate group should be joined to proceeding – whether Court has a discretion to make or refuse an order granting leave to serve a party

Date: 13 Jul 2012     Judge: Bennett J

93. Apotex Pty Ltd v Les Laboratoires Servier (No 6) [2012] FCA 745

PRACTICE & PROCEDURE - application for a stay of proceeding pending the outcome of a divisional application in the Patent Office - discretion - s 37M of the Federal Court of Australia Act 1976 (Cth) - whether stay is in the interests of justice -

Date: 12 Jul 2012     Judge: Bennett J

94. Crosby v Kelly [2012] FCAFC 96

HIGH COURT AND FEDERAL COURT - jurisdiction of the Federal Court - proceedings brought in the Australian Capital Territory for defamation - whether Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) validly confers jurisdiction on the Federal

Date: 2 Jul 2012     Judge: BENNETT, PERRAM AND ROBERTSON JJ

95. Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94

ENVIRONMENT LAW - amendment made to live import list by legislative instrument made by Minister - whether an environmental assessment report was required - meaning of "including an item in the list" - whether the legislative instrument was invalid

Date: 29 Jun 2012     Judge: Jacobson, Bennett and Cowdroy JJ

96. SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2012] FCAFC 95

PATENTS - construction - meaning of "rigidification"

Date: 29 Jun 2012     Judge: FINN, DOWSETT AND BENNETT JJ

97. Allam v Aristocrat Technologies Australia Pty Ltd (No 2) [2012] FCAFC 75

PRACTICE AND PROCEDURE - scope of remittal to the primary judge

Date: 25 May 2012     Judge: BENNETT, MIDDLETON AND YATES JJ

98. NBMT v Minister for Immigration and Citizenship[2012] FCA 508

MIGRATION - review of decision of Minister for Immigration and Citizenship to cancel visa - whether the Minister had received and read the attachments to the Submission - whether the Submission had failed to deal with a humanitarian assessment and

Date: 18 May 2012     Judge: Bennett J

99. Samootin v Hannigan [2012] FCA 462

ADMINISTRATIVE LAW - Judicial review - Federal Court Rules r 2.26 - whether Deputy District Registrar properly exercised power to refuse to accept document for filing - whether Deputy District Registrar denied the applicant natural justice - no

Date: 4 May 2012     Judge: Bennett J

100. Allen House Mirror & Glass Pty Ltd v Hamilton [2012] FCA 464

PRACTICE AND PROCEDURE - interlocutory injunction - ex parte application for injunction restraining respondents from infringing copyright and disclosing confidential information - where respondents threatened to send drawings and disclose

Date: 4 May 2012     Judge: Bennett J