Browse Federal Court Judgments

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1. Albert St Group Pty Ltd v Universal Real Estate Vic North Pty Ltd (No 2) [2026] FCA 611

PRACTICE AND PROCEDURE – application for leave to file notice of cross-claim out of time – where cross-claim requires joinder of cross-respondent – where cross-claim filed eight months out of time – consideration of discretionary factors

Date: 15 May 2026     Judge: BENNETT J

2. Albert St Group Pty Ltd v Universal Real Estate Vic North Pty Ltd [2026] FCA 552

COSTS – settlement of proceeding as between Applicant and Third Respondent – matter proceeding as between Applicant and First and Second Respondent – Second Respondent sought the costs of the Applicant’s joinder of the Third Respondent –

Date: 6 May 2026     Judge: BENNETT J

3. Peymani v Posh N Polished Pty Ltd [2026] FCA 560

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: 6 May 2026     Judge: BENNETT J

4. Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2026] FCA 494

PRACTICE AND PROCEDURE – application for advance ruling under s 192A of the Evidence Act 1995 (Cth) – where certain parts of expert evidence objected to on the basis of relevance – where evidence is largely complete – where there is a

Date: 22 Apr 2026     Judge: BENNETT J

5. UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 4) [2026] FCA 370

PRACTICE AND PROCEDURE – request for access to restricted documents by a non-party under r 2.32(4) of the Federal Court Rules 2011 (Cth) – objections by applicant and respondent to the release of documents – principle of open justice – where

Date: 27 Mar 2026     Judge: BENNETT J

6. Mallia v Colonial First State Investments Ltd [2026] FCA 463

REPRESENTATIVE PROCEEDINGS – application for approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – shareholder class action – whether proposed settlement is fair and reasonable – whether proposed deductions

Date: 25 Mar 2026     Judge: BENNETT J

7. Kaur v Minister for Immigration and Citizenship [2026] FCA 302

MIGRATION – application for extension of time and leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to reinstate an application for review of a Registrar’s decision –

Date: 13 Mar 2026     Judge: BENNETT J

8. Toner v CuDeco Limited (Receivers and Managers Appointed) (In Liquidation) [2026] FCA 239

REPRESENTATIVE PROCEEDINGS – application for approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – shareholder class action – whether proposed settlement is fair and reasonable – whether proposed deductions

Date: 10 Mar 2026     Judge: BENNETT J

9. Australian Securities and Investments Commission v MWL Financial Services Pty Ltd (in liq) [2026] FCA 199

CORPORATIONS – whether leave to proceed against the first defendant, a company in liquidation, should be granted pursuant to s 500(2) of the Corporations Act 2001 (Cth) – public interest in regulators ventilating proceedings – relevance of the

Date: 5 Mar 2026     Judge: BENNETT J

10. Spaleta v Secretary, Department of Social Services [2026] FCAFC 5

ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal affirming a decision of the Administrative

Date: 11 Feb 2026     Judge: WHEELAHAN, YOUNAN AND BENNETT JJ

11. Yeo (Trustee), in the matter of Karas (Bankrupt) v Meletsis [2026] FCA 41

BANKRUPTCY – creditor’s petition filed on 29 February 2024 – where all of the requirements of the Bankruptcy Act 1966 (Cth) have been met – where the Court is satisfied that the sequestration order should be made

Date: 30 Jan 2026     Judge: BENNETT J

12. Browne v Assistant Commissioner of Police, North West Metro Region [2026] FCA 15

ADMINISTRATIVE LAW – construction of statutory criteria permitting the designation of a particular area within which additional search powers are authorised – meaning of “necessary” – whether the correct statutory test applied – whether

Date: 23 Jan 2026     Judge: BENNETT J

13. Hisense Australia Pty Ltd v Naskovski [2026] FCA 20

INDUSTRIAL LAW – employment – application for leave to appeal part of judgment where primary judge held that Applicant contravened s 535(3) of the Fair Work Act 2009 (Cth) and reg 3.42 of the Fair Work Regulations 2009 (Cth) by failing to make

Date: 22 Jan 2026     Judge: BENNETT J

14. GMS24 v Commonwealth (No 2) [2025] FCAFC 197

COSTS – application for judicial review in relation to requests to exercise Ministerial intervention power – where application for judicial review was dismissed – whether costs should follow the event – where proceedings were conducted as

Date: 19 Dec 2025     Judge: KENNETT, HORAN AND BENNETT JJ

15. CCMSM Commercial Pty Ltd as Trustee for the CCMSM Commercial Trust v Registrar of Trade Marks [2025] FCA 1615

TRADE MARKS – appeal de novo - whether marks containing the registered mark and other words (Opposed Marks) are deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – characteristics of the notional consumer purchasing vehicles –

Date: 19 Dec 2025     Judge: BENNETT J

16. Li v Secretary, Department of Social Services [2025] FCA 1617

ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal (Tribunal) – where error conceded by reason of Tribunal’s failure to consider submissions – Applicant contends that the Court should make findings of fact under

Date: 19 Dec 2025     Judge: BENNETT J

17. ALJ22 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 182

MIGRATION – judicial review under s 39B of the Judiciary Act 1903 (Cth) – Minister’s power in s 417 of the Migration Act 1958 (Cth) to substitute more favourable decision in place of decision of Tribunal – whether Minister’s power in

Date: 12 Dec 2025     Judge: WIGNEY, STELLIOS AND BENNETT JJ

18. Simpson v Taylors Business Pty Ltd (No 3) [2025] FCA 1546

REPRESENTATIVE PROCEEDINGS – hearing of separate questions – whether respondent was authorised to carry on business as a pawnbroker – whether respondent did carry on business as a pawnbroker – whether amounts provided by respondent to group

Date: 11 Dec 2025     Judge: BENNETT J

19. UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 3) [2025] FCA 1616

EVIDENCE – Where applicant applied for an order that a witness give evidence by audio-visual link – where witness subject to a travel ban in India and unable to travel to Australia – where application made immediately prior to commencement of

Date: 8 Dec 2025     Judge: BENNETT J

20. Blucher on behalf of the Gaangalu Nation People v State of Queensland [2025] FCAFC 177

NATIVE TITLE – appeal from determination by primary judge that native title does not exist in relation to the Claim Area – whether having found appellant held rights at sovereignty over large part of Claim Area, primary judge erred in failing to

Date: 5 Dec 2025     Judge: MURPHY, SARAH C DERRINGTON AND BENNETT JJ

21. Samuelu v Minister for Immigration and Multicultural Affairs [2025] FCA 1510

MIGRATION – Application for review of a decision made by the Administrative Review Tribunal (ART) to not revoke the mandatory cancellation of the Applicant’s visa – application of Direction 110 and primary considerations – whether ART erred

Date: 3 Dec 2025     Judge: BENNETT J

22. Coffs Harbour and District Local Aboriginal Land Council v Attorney-General of New South Wales [2025] FCA 1492

NATIVE TITLE – non-claimant application for a determination under s 61(1) of the Native Title Act 1993 (Cth) (NTA) that native title does not exist in respect of certain land in New South Wales – whether evidence establishes native title

Date: 2 Dec 2025     Judge: BENNETT J

23. GMS24 v Commonwealth [2025] FCAFC 170

MIGRATION – application for judicial review in relation to requests to exercise Ministerial intervention power– where applicants prevented by s 46A of the Migration Act 1958 (Cth) from making valid application for a visa – where applicants

Date: 28 Nov 2025     Judge: KENNETT, HORAN AND BENNETT JJ

24. Australian National University v McGary [2025] FCAFC 164

ADMINISTRATIVE LAW – appeal from judicial review of decision of Appeals Committee under the Appeals Rule 2018 (Cth) affirming decision of Vice-Chancellor's nominee – scope of review of Appeals Committee – construction of delegated legislation

Date: 26 Nov 2025     Judge: BANKS-SMITH, YOUNAN AND BENNETT JJ

25. Fair Work Ombudsman v Taing [2025] FCA 1401

INDUSTRIAL LAW – employment – where primary judge held that Appellants contravened s 716(5) of the Fair Work Act 2009 (Cth) by failing to comply with compliance notice issued under s 716(2) – appeal from part of judgment deciding not to award

Date: 18 Nov 2025     Judge: BENNETT J

26. Luong v Fair Work Ombudsman [2025] FCA 1400

INDUSTRIAL LAW – employment – appeal against primary judge’s finding that the Appellants contravened s 716(5) and 550(2) of the Fair Work Act 2009 (Cth) (FW Act) – appeal against declaration and pecuniary penalties – no basis identified

Date: 18 Nov 2025     Judge: BENNETT J

27. Fire Rescue Victoria v United Firefighters' Union of Australia [2025] FCA 1398

PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain use of trust assets – principles relevant to the grant of an interlocutory injunction – whether prima facie case and balance of convenience sufficient to sustain the

Date: 14 Nov 2025     Judge: BENNETT J

28. Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315

TRADE MARKS – application for removal from Register due to lack of good faith use under s 92(4)(b) of the Trade Marks Act 1995 (Cth) – whether use as a trade mark over the relevant four-day period – whether use in relation to relevant class of

Date: 29 Oct 2025     Judge: BENNETT J

29. VII v Purcell (Examiner) [2025] FCAFC 135

CONSTITUTIONAL LAW – challenge to validity of s 7C(2) of the Australian Crime Commission Act 2002 (Cth) (the Act) – whether s 7C(2) confers upon the Board of the Australian Criminal Intelligence Commission a power that is inconsistent with

Date: 7 Oct 2025     Judge: BROMWICH, VANDONGEN AND BENNETT JJ

30. Singh v Aulakh [2025] FCA 1207

CORPORATIONS – application for leave to bring a derivative action on behalf of a company under s 237 of the Corporations Act 2001 (Cth) – criteria of good faith, best interests of the company and whether there is a serious question to be tried

Date: 2 Oct 2025     Judge: BENNETT J

31. Balinda v Australian Health Practitioner Regulation Agency [2025] FCA 1173

PRACTICE AND PROCEDURE – application for leave to appeal against decision of Federal Circuit and Family Court of Australia (Division 2) – application of s 20(3) and s 24(1AA)(a) of the Federal Court of Australia Act 1976 (Cth) - where s 24(1AA)(a

Date: 19 Sep 2025     Judge: BENNETT J

32. Simpson v Taylors Business Pty Ltd (No 2) [2025] FCA 1119

PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2) of the Federal Court Rules 2011 (Cth) in respect of part of an amended pleading – where respondent in default under r 5.22 – where respondent did not appear and failed

Date: 15 Sep 2025     Judge: BENNETT J

33. Wilson v Victorian Aboriginal Child and Community Agency (No 2) [2025] FCA 1069

PRACTICE AND PROCEDURE – application to set aside orders discontinuing proceeding and reinstate matter under s 23 of the Federal Court of Australia Act 1976 (Cth) – application dismissed

Date: 2 Sep 2025     Judge: BENNETT J

34. Waratah Engineering Pty Ltd v Wollongong Resources Pty Ltd [2025] FCA 1050

PRACTICE AND PROCEDURE – application to transfer proceeding from Victorian District Registry to New South Wales District Registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court Rules 2011

Date: 1 Sep 2025     Judge: BENNETT J

35. Latitude Finance Australia v Australian Securities and Investments Commission [2025] FCAFC 124

CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and

Date: 28 Aug 2025     Judge: O'BRYAN, CHEESEMAN AND BENNETT JJ

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

48. 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

49. 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

50. 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

51. 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

52. 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

53. 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

54. 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

55. 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

56. 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

57. 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

58. 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

59. 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

60. 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

61. 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

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

Date: 25 Nov 2015     Judge: BENNETT J

63. 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

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

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

65. 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

66. 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

67. 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

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

Date: 21 Aug 2015     Judge: BENNETT J

69. 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

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

Date: 15 May 2015     Judge: BENNETT J

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

Date: 12 May 2015     Judge: BENNETT J

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

Date: 30 Mar 2015     Judge: BENNETT J

73. 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

74. 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

75. 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

76. 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

77. 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

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

Date: 9 Feb 2015     Judge: BENNETT J

79. 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

80. 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

81. 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

82. 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

83. 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

84. 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

85. 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

86. 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

87. 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

88. 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

89. N &amp

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

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

90. 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

91. 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

92. 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

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

Date: 19 Aug 2014     Judge: BENNETT J

94. 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

95. 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

96. 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

97. 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

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

Date: 5 Mar 2014     Judge: BENNETT J

99. 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

100. 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