Browse Federal Court JudgmentsBy Judge - Bromberg J |
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1. Australian Salaried Medical Officers' Federation v Peninsula Health (No 3) [2024] FCA 1255
| INDUSTRIAL LAW - pecuniary penalties - contraventions of s 50 of the Fair Work Act 2009 (Cth) - course of conduct and s 557(1) of Act - whether leave should be given for applicants to first allege at the penalty hearing that contraventions were |
| Date: 31 Oct 2024 Judge: BROMBERG J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia ("FCA") - right of union official "permit holder" to enter employer's premises for the purpose of holding discussions - refusal of entry - hindrance or obstruction of permit |
| Date: 14 Nov 2023 Judge: BROMBERG, RANGIAH AND SNADEN JJ |
3. Northern Territory of Australia v Aboriginal Land Commissioner [2023] FCA 1183
| ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - s 39B of the Judiciary Act 1903 (Cth) - judicial review of decision of Aboriginal Land Commissioner under s 50 of the Aboriginal Land Rights (Northern Territory) Act |
| Date: 5 Oct 2023 Judge: BROMBERG J |
4. Walalakoo Aboriginal Corporation RNTBC v State of Western Australia [2023] FCA 1181
| NATIVE TITLE -- Native Title Act 1993 (Cth) - application for variation of native title determinations to include names of additional apical ancestors and substitute the name of one apical ancestor - whether application validly made - whether the |
| Date: 5 Oct 2023 Judge: BROMBERG J |
5. Australian Salaried Medical Officers' Federation v Peninsula Health (No 2) [2023] FCA 1070
| Date: 8 Sep 2023 Judge: BROMBERG J |
| ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) (FOI Act) - request for access to documents - appeal from the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - Tribunal found six documents |
| Date: 24 Aug 2023 Judge: BROMBERG J |
7. Wardman v Macquarie Bank Limited (No 2) [2023] FCAFC 125
| PRACTICE AND PROCEDURE - appeal - parties compromised proceeding after delivery of judgment and before final orders made - whether appropriate to make orders setting aside all orders of primary judge and dismissing the proceedings - held such orders |
| Date: 11 Aug 2023 Judge: BROMBERG, WHEELAHAN, AND SNADEN JJ |
8. Australian Salaried Medical Officers' Federation v Peninsula Health [2023] FCA 939
| INDUSTRIAL LAW - representative proceeding pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) - junior doctors class action - application for relief under the Fair Work Act 2009 (Cth) - alleged breaches of enterprise agreements - |
| Date: 11 Aug 2023 Judge: BROMBERG J |
9. Mitchell v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 965
| PRACTICE AND PROCEDURE - interlocutory injunction -- application to prevent removal from Australia pending application to extend time to file notice of appeal -- whether an arguable case that the applicant has a reasonable prospect of establishing |
| Date: 28 Jul 2023 Judge: BROMBERG J |
10. Mutch v ISG Management Pty Ltd (No 3) [2023] FCA 648
| PRACTICE AND PROCEDURE - representative proceedings - approval of discontinuance - whether proposed discontinuance would be unfair, unreasonable or adverse to the interests of group members - discontinuance approved |
| Date: 16 Jun 2023 Judge: BROMBERG J |
11. Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 559
| MIGRATION - judicial review - decision of Minister under s 501CA(4) of the Migration Act 1958 (Cth) - personal decision of Minister - application for extension of time - refusal to revoke decision to cancel visa - what constitutes indefinite |
| Date: 31 May 2023 Judge: BROMBERG J |
| NATIVE TITLE - applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) - consideration of s 84(5) elements - whether joinder applicant has an interest - whether interest may be affected by a determination of native title - whether |
| Date: 30 May 2023 Judge: BROMBERG J |
13. Target Australia Pty Ltd v Shop, Distributive and Allied Employees' Association [2023] FCAFC 66
| INDUSTRIAL LAW - construction of enterprise agreement provision providing paid annual leave to part-time and full-time employees - meaning of 'ordinary time earnings' - whether 'ordinary time earnings' for purpose of calculating payment for annual |
| Date: 10 May 2023 Judge: BROMBERG, JACKSON AND FEUTRILL JJ |
14. Conroy's Smallgoods v Australasian Meat Industry Employees Union [2023] FCAFC 59
| INDUSTRIAL LAW - s 113 of the Fair Work Act 2009 (Cth) - meaning of "applicable award-derived long service leave terms" - appeal allowed |
| Date: 19 Apr 2023 Judge: BROMBERG, O'SULLIVAN AND RAPER JJ |
| PRACTICE AND PROCEDURE - costs - where appeal allowed - where appellant successful in relation to some, but not all, grounds of appeal - where the respondent submitted that costs should be determined on an issues basis - whether the Court should |
| Date: 14 Apr 2023 Judge: BROMBERG, MOSHINSKY AND BROMWICH JJ |
16. Mumu v Northern Territory of Australia [2023] FCA 288
| NATIVE TITLE - consent determination - requirements of s 87 of the Native Title Act 1993 (Cth) - appropriate to make orders - determination of native title made |
| Date: 5 Apr 2023 Judge: BROMBERG J |
| INDUSTRIAL LAW - pecuniary penalties - where the ABCC brought proceedings against one union respondent and several individual respondents for contravention of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) - where the |
| Date: 15 Mar 2023 Judge: BROMBERG, MOSHINSKY AND BROMWICH JJ |
| INDUSTRIAL LAW - pecuniary penalty - contraventions of s 50 of the Fair Work Act 2009 (Cth) in relation to failures to comply with consultation obligations imposed by an enterprise agreement - consideration of relevant factors in assessment of |
| Date: 17 Feb 2023 Judge: BROMBERG J |
19. Wardman v Macquarie Bank Limited [2023] FCAFC 13
| INDUSTRIAL LAW - appeals and cross-appeals from five related decisions of the Federal Circuit Court of Australia in proceedings brought by former employees of Macquarie Bank Ltd (Bank) - where employees were remunerated by commission and a fixed |
| Date: 17 Feb 2023 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
| MIGRATION - section 5(1) definition "serious Australian offence" |
| Date: 22 Dec 2022 Judge: BROMBERG J |
21. Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192
| COSTS - where trial judge extended life of creditor's petition nunc pro tunc under slip rule - where appeal upheld and sequestration order set aside - where trustee appointed to administer bankrupt's estate incurred costs - whether Court should |
| Date: 15 Dec 2022 Judge: BROMBERG, MOSHINSKY AND MCELWAINE JJ |
22. CSU16 v Minister for Immigration and Border Protection [2022] FCA 1509
| MIGRATION - appeal from the Federal Circuit and Family Court of Australia - whether FCFCOA erred by failing to identify jurisdictional error by the Administrative Appeals Tribunal - whether AAT failed to consider evidence - whether evidence not |
| Date: 15 Dec 2022 Judge: BROMBERG J |
| MIGRATION - appeal from an order of a primary judge of this Court - where the primary judge upheld a decision of the Administrative Appeals Tribunal to affirm a decision made by a delegate of the Minister to refuse to grant a partner visa - whether |
| Date: 14 Dec 2022 Judge: BROMBERG, O'CALLAGHAN AND MCEVOY JJ |
| MIGRATION - application for review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent not to revoke the mandatory cancellation of the applicant's visa - whether the Tribunal fell into |
| Date: 7 Dec 2022 Judge: BROMBERG J |
25. Bradshaw v BSA Limited (No 2) [2022] FCA 1440
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - |
| Date: 30 Nov 2022 Judge: BROMBERG J |
26. Revill v John Holland Group Pty Ltd [2022] FCAFC 178
| APPEAL - application for leave to appeal - new points on appeal - further evidence on appeal - interlocutory or final judgment - finality - re-open - costs under the Fair Work Act 2009 (Cth) - corporate group employer - enterprise agreement employer |
| Date: 8 Nov 2022 Judge: BROMBERG, BANKS-SMITH AND FEUTRILL JJ |
27. Tucker v Broderick [2022] FCAFC 174
| INDUSTRIAL RELATIONS - appeal from orders summarily dismissing proceeding pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) - primary judge determined that claims in the Federal Court were plainly founded on an issue already pleaded and |
| Date: 28 Oct 2022 Judge: BROMBERG, BROMWICH AND MCEVOY JJ |
28. Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) (No 3) [2022] FCA 1269
| PRACTICE AND PROCEDURE - application for an extension of time to lodge an application alleging unlawful discrimination by the respondent relying on s 46PO(2) of Australian Human Rights Commission Act 1986 (Cth) - Sex Discrimination Act 1984 (Cth) - |
| Date: 27 Oct 2022 Judge: BROMBERG J |
29. Airservices Australia v Civil Air Operations Officers' Association of Australia [2022] FCAFC 172
| INDUSTRIAL LAW - jurisdiction - where Fair Work Commission arbitrated dispute - where Fair Work Commission had no power to impose civil penalties under Fair Work Act 2009 (Cth) - where registered industrial association then commenced a proceeding in |
| Date: 19 Oct 2022 Judge: BROMBERG, O'CALLAGHAN AND SNADEN JJ |
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - whether nomination by sponsor under s 140GB of the Migration Act 1958 (Cth) which was expressed to be for a subclass 482 (Temporary Skill Shortage) visa |
| Date: 12 Oct 2022 Judge: BROMBERG J |
31. Ahamed v Secretary, Department of Human Services [2022] FCA 1207
| PRACTICE AND PROCEDURE - Application for extension of time and leave to appeal from orders upholding a notice of objection to competency - s 44 Administrative Appeal Tribunal Act 1975 (Cth) - whether decision of primary judge that notice of appeal |
| Date: 12 Oct 2022 Judge: BROMBERG J |
| ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - s 39B of the Judiciary Act 1903 (Cth) - judicial review of decision of Regulator to accept an environment plan under the Offshore Petroleum and Greenhouse Gas Storage |
| Date: 21 Sep 2022 Judge: BROMBERG J |
33. Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152
| PRACTICE AND PROCEDURE- power of the Court to invoke the "slip rule" to extend the term of a creditor's petition under the Bankruptcy Act 1966 (Cth) - where 12-month period had expired - whether slip rule available to retrospectively extend life of |
| Date: 9 Sep 2022 Judge: BROMBERG, MOSHINSKY AND MCELWAINE JJ |
34. DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 148
| MIGRATION - appeal from an order of the Federal Circuit and Family Court of Australia (Division 2) - where the primary judge upheld a decision of the Second Respondent to affirm a decision made by a delegate of the First Respondent to refuse to |
| Date: 1 Sep 2022 Judge: BROMBERG, MOSHINSKY AND HESPE JJ |
| PRACTICE AND PROCEDURE - dismissal of application for default under r 5.22(d) of the Federal Court Rules 2011 (Cth) |
| Date: 19 Aug 2022 Judge: BROMBERG J |
36. BXP20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 964
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - partner visa application - where Administrative Appeals Tribunal determined that there were no compelling reasons to waive criterion 3001 of |
| Date: 19 Aug 2022 Judge: BROMBERG J |
| MIGRATION - s 501(1) of the Migration Act 1958 (Cth) - where the applicant sought judicial review of the decision of the Minister to refuse to grant the applicant a protection visa - where AAT found in relation to the applicant's protection visa |
| Date: 19 Aug 2022 Judge: BROMBERG J |
| PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain the second respondent from commencing or continuing offshore drilling pursuant to an administrative decision the subject of an application for judicial review - where |
| Date: 14 Jul 2022 Judge: BROMBERG J |
| NATIVE TITLE - consent determination - requirements of s 87 of the Native Title Act 1993 (Cth) - appropriate to make orders - determination of native title made |
| Date: 5 Jul 2022 Judge: BROMBERG J |
| MIGRATION - application for revocation of mandatory visa cancellation - delegate refused application - refusal affirmed by Administrative Appeals Tribunal - application for judicial review of Tribunal's decision dismissed - appeal ground asserting |
| Date: 1 Jul 2022 Judge: BROMBERG, JACKSON AND FEUTRILL JJ |
| NATIVE TITLE - application under s 66B of the Native Title Act 1993 (Cth) to replace the current applicant - whether proposed applicant is authorised in accordance with the requirements of s 66B - where proposed applicant relied upon traditional |
| Date: 19 May 2022 Judge: BROMBERG J |
42. Koc v Diamond (No 2) [2022] FCA 640
| INDUSTRIAL LAW - s 164 Fair Work (Registered Organisations) Act 2009 (Cth) - performance and observance of union rules - where charges laid against applicant - whether rules of Australian Rail, Tram and Bus Industry Union require charges to be heard |
| Date: 19 May 2022 Judge: BROMBERG J |
| MIGRATION - Appeal from application for judicial review of decision of the Administrative Appeals Tribunal affirming delegate's decision to not revoke the cancellation of the appellant's visa - where visa cancelled because of appellant's criminal |
| Date: 11 May 2022 Judge: BROMBERG, STEWART AND GOODMAN JJ |
44. Qantas Airways Ltd v Transport Workers' Union of Australia [2022] FCAFC 71
| INDUSTRIAL LAW - employer appeal - adverse action - decision of Qantas to outsource ground handling operations during COVID-19 pandemic - appeal from the decision of the primary judge finding that Qantas Airways Ltd contravened s 340(1)(b) of the |
| Date: 4 May 2022 Judge: BROMBERG, RANGIAH AND BROMWICH JJ |
| INDUSTRIAL LAW - appeal from judgment and orders based on a finding of contravention of s 500 of the Fair Work Act 2009 (Cth) - permit holder found to have acted in an improper manner in the exercise of powers - permit holder found to have |
| Date: 11 Apr 2022 Judge: BROMBERG, CHARLESWORTH AND MCELWAINE JJ |
| INDUSTRIAL LAW - enterprise agreements - greenfields agreements - Fair Work Commission approved greenfields agreement between respondents and Transport Workers' Union - rival union appealed approval decision - Fair Work Commission Full Bench upheld |
| Date: 7 Apr 2022 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
47. Australian Licensed Aircraft Engineers Association v Qantas Airways Limited [2022] FCAFC 50
| INDUSTRIAL LAW - appeal from declarations made by Federal Court of Australia - where following onset of COVID-19 pandemic, respondent airlines each stood down number of Licensed Aircraft Maintenance Engineers (Aircraft Engineers) - where enterprise |
| Date: 1 Apr 2022 Judge: BESANKO, BROMBERG AND WHEELAHAN JJ |
48. BRC16 v Minister for Home Affairs [2022] FCA 303
| MIGRATION - appeal from the Federal Circuit Court of Australia - where the appellant is unrepresented - whether a decision of the Administrative Appeals Tribunal was affected by illogicality or irrationality - whether the Tribunal misunderstood |
| Date: 30 Mar 2022 Judge: BROMBERG J |
| MIGRATION - unrepresented litigant - appeal from a decision of the Federal Circuit Court - whether rejection of claim that inconsistencies in his evidence were the result of the poor quality of interpretation was illogical - whether making an |
| Date: 30 Mar 2022 Judge: BROMBERG J |
50. BTC16 v Minister for Immigration and Border Protection [2022] FCA 300
| PRACTICE AND PROCEDURE - application to dismiss appeal - r 36.74 and r 36.75 of the Federal Court Rules 2011 (Cth) - where the appellant did not appear at hearings related to the appeal - appeal dismissed |
| Date: 23 Mar 2022 Judge: BROMBERG J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where appellant disclosed a criminal conviction in a visa application but had failed to do so in an earlier visa application - whether apprehended bias on the part of the |
| Date: 17 Mar 2022 Judge: BROMBERG, MURPHY, MARKOVIC J |
| NATIVE TITLE - extinguishment - appeal from orders of primary judge in relation to separate questions - whether statutory leases conferred exclusive possession over the lease areas within the meaning of s 23B(2)(c)(viii) of the Native Title Act 1993 |
| Date: 16 Mar 2022 Judge: BROMBERG, MORTIMER AND JACKSON JJ |
53. Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) (No 2) [2022] FCA 125
| PRACTICE AND PROCEDURE - r 2.32(3) of the Federal Court Rules 2011 (Cth) - s 37AF and s 37AG of the Federal Court of Australia Act 1976 (Cth) (Act) - application to suppress access to originating application by non-parties - whether r 2.32(3) should |
| Date: 16 Feb 2022 Judge: BROMBERG J |
| NATIVE TITLE - applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) - consideration of Commonwealth of Australia v Clifton (2007) 164 FCR 355 - where joinder applicants claim to be members of the claim group and not a separate |
| Date: 16 Feb 2022 Judge: BROMBERG J |
55. Dimer on behalf of the Jardu Mar People v State of Western Australia [2022] FCA 64
| NATIVE TITLE - application to dismiss claimant application under s 190F(6) of the Native Title Act 1993 (Cth) - where delegate of the Native Title Registrar and member of National Native Title Tribunal refused to register the claimant application - |
| Date: 4 Feb 2022 Judge: BROMBERG J |
| NATIVE TITLE - application under s 66B of the Native Title Act 1993 (Cth) to replace applicant - application for leave to file an amended application - whether authorisation meeting was validly conducted in accordance with s 251B - whether |
| Date: 4 Feb 2022 Judge: BROMBERG J |
57. Australian Federation of Air Pilots v Regional Express Holdings Limited [2021] FCAFC 226
| INDUSTRIAL LAW - appeal from orders of the Federal Circuit Court of Australia - where the primary judge dismissed the appellant's application below for declarations, pecuniary penalties and injunctive relief based upon allegations of contraventions |
| Date: 16 Dec 2021 Judge: BROMBERG, KERR AND WHEELAHAN JJ |
| PRACTICE AND PROCEDURE - application for judicial review of a direction made under s 33 of the Administrative Appeals Tribunal Act 1975 (Cth) - interpretation of s 33 of the Act - whether a direction compelling a party to participate in a |
| Date: 15 Dec 2021 Judge: BROMBERG J |
| MIGRATION - mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) - decision of a delegate of the Minister under s 501CA(4) not to revoke the cancellation decision - decision of the Administrative Appeals |
| Date: 29 Oct 2021 Judge: BROMBERG J |
60. Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd [2021] FCAFC 188
| PRACTICE AND PROCEDURE - third-party application for suppression order prohibiting publication or disclosure of evidence and submissions pursuant to ss 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth) - order sought on the basis that |
| Date: 27 Oct 2021 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
| MIGRATION - where applicant made request for ministerial intervention under s 46A(2) and s 48B of the Migration Act 1958 (Cth) - where applicant sought judicial review of the decision to refuse the request for Minister to exercise the s 46A(2) power |
| Date: 27 Oct 2021 Judge: BROMBERG J |
62. Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1313
| INDUSTRIAL LAW - alleged contraventions of s 50 of the Fair Work Act 2009 (Cth) - interpretation of enterprise agreement - enterprise agreement prescribed consultation in respect of significant workplace changes and rostering changes - whether |
| Date: 27 Oct 2021 Judge: BROMBERG J |
63. NDBR v Minister for Home Affairs [2021] FCAFC 170
| MIGRATION - appeal from decision of primary judge to dismiss application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of first respondent (Minister) refusing grant of Protection (Class |
| Date: 20 Sep 2021 Judge: BROMBERG, MARKOVIC AND BANKS-SMITH JJ |
64. Bradshaw v BSA Limited [2021] FCA 1080
| PRACTICE AND PROCEDURE - Representative proceedings - communications by respondent to group members - whether the respondent made statements that may mislead group members and undermine integrity of opt out process - application by applicant for a |
| Date: 7 Sep 2021 Judge: BROMBERG J |
| MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal - whether there was no evidence in support of the Tribunal's finding about the applicant's employment prospects in Lebanon - whether the Tribunal failed to give proper, |
| Date: 27 Aug 2021 Judge: BROMBERG J |
66. Kaur v Minister for Immigration and Border Protection [2021] FCA 1026
| MIGRATION - fraud by migration agent - consideration of the concept of indifference in public law fraud - whether an applicant has a "heavy burden" in respect of discharging the onus of proof that he or she was not indifferent to fraud - whether the |
| Date: 27 Aug 2021 Judge: BROMBERG J |
67. Waraich v Minister for Home Affairs [2021] FCAFC 155
| ADMINISTRATIVE LAW - revocation of Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) - appeal from decision of primary judge dismissing appeal on a question of law from decision of Administrative Appeals Tribunal |
| Date: 26 Aug 2021 Judge: BROMBERG, KATZMANN AND CHEESEMAN JJ |
| MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal - where the applicant's partner not permitted to give evidence at the hearing before the Tribunal - whether s 500(6H) of the Migration Act 1958 (Cth) precludes the |
| Date: 28 Jul 2021 Judge: BROMBERG J |
69. Australian Building and Construction Commissioner v Australian Workers' Union [2021] FCA 861
| INDUSTRIAL LAW - civil penalties - admitted contravention of s 475(2) of the Fair Work Act 2009 (Cth) which prohibits an employee organisation or an officer or member thereof requesting an employer pay employees for a period in which employees |
| Date: 28 Jul 2021 Judge: BROMBERG J |
| COSTS - Whether applicants' failure to fully obtain the relief claimed justifies an order apportioning the applicants' costs. DECLARATIONS - Whether declaration describing the duty of care owed by the respondent utile - whether content of duty of |
| Date: 8 Jul 2021 Judge: BROMBERG J |
71. ABW17 v Minister for Immigration and Border Protection [2021] FCA 596
| MIGRATION - appeal from the Federal Circuit Court of Australia - whether the Federal Circuit Court of Australia erred in failing to find jurisdictional error in the decision of the Administrative Appeals Tribunal (Tribunal) - whether the Tribunal |
| Date: 31 May 2021 Judge: BROMBERG J |
72. Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021] FCAFC 83
| INDUSTRIAL LAW -- interpretation of enterprise agreement providing for wage increases after nominal expiry date -- where primary judge had held that employer contravened the Fair Work Act 2009 (Cth) for failing to pay wage increases after nominal |
| Date: 28 May 2021 Judge: BROMBERG, KATZMANN AND O'CALLAGHAN JJ |
| NEGLIGENCE - representative proceeding seeking a declaration that a duty of care be recognised and an injunction be granted restraining its breach - Environment Protection and Biodiversity Conservation Act 1999 (Cth) - novel duty of care - whether |
| Date: 27 May 2021 Judge: BROMBERG J |
| PRACTICE AND PROCEDURE - Federal Court Rules 2011 (Cth) r 39.05 - application to set aside and vary order imposing pecuniary penalties - where inconsistency in reasons for judgment did not result in error in the order - application dismissed. |
| Date: 20 Apr 2021 Judge: BROMBERG, RANGIAH AND BROMWICH JJ |
| MIGRATION LAW - ss 51A, 57, 501(1) and (6)(c) of the Migration Act 1958 (Cth) - application for judicial review of Minister's decision to refuse application for a Prospective Marriage visa - where applicant failed character test because not of good |
| Date: 11 Mar 2021 Judge: BROMBERG J |
| MIGRATION - appeal from the Federal Circuit Court of Australia - evaluative judgment under s 473DD - whether primary judge erred by failing to reach state of satisfaction in s 473DD - whether primary judge erred by failing to recognise that the |
| Date: 5 Mar 2021 Judge: BROMBERG, ANASTASSIOU AND ANDERSON JJ |
| MIGRATION - appeal from Federal Circuit Court - whether primary judge erred in finding that Tribunal's decision was affected by jurisdictional error - appeal allowed - no material breach - notice of contention upheld on apprehended bias ground |
| Date: 4 Mar 2021 Judge: KENNY, BROMBERG AND ANDERSON JJ |
78. One Tree Community Services Inc v United Workers' Union [2021] FCAFC 15
| CONSTITUTIONAL LAW - judicial power of the Commonwealth - dispute resolution clause (cl 77) in an enterprise agreement made under the Fair Work Act 2009 (Cth) provided for binding arbitration - whether in resolving by arbitration a dispute involving |
| Date: 24 Feb 2021 Judge: FLICK, BROMBERG AND KERR JJ |
| COMPETITION AND CONSUMER LAW - misleading or deceptive conduct - whether Transport Workers' Union of Australia is a "trading corporation" - whether representations made by Transport Workers' Union of Australia in an industrial campaign were made "in |
| Date: 22 Dec 2020 Judge: BESANKO, BROMBERG AND O'BRYAN JJ |
| INDUSTRIAL LAW - appeal against quantum of pecuniary penalties for contraventions of ss 230(1)(b) and (c) and 233(2) of the Fair Work (Registered Organisations) Act 2009 (Cth) - whether primary judge erred in not ascribing a particular penalty to |
| Date: 22 Dec 2020 Judge: BROMBERG, RANGIAH AND BROMWICH JJ |
81. Clarke v Superannuation Complaints Tribunal [2020] FCA 1853
| COSTS - where proceeding settled on all issues other than costs - application of rule in Lai Qin - whether appellant's conduct so unreasonable that second respondent should have costs - application dismissed with no order as to costs. |
| Date: 18 Dec 2020 Judge: BROMBERG J |
82. BSA Limited v Australian Securities and Investments Commission [2020] FCA 1823
| CORPORATIONS - application to reinstate registration of companies pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where purpose of application is to enable plaintiff to bring proceedings against those companies - where certain |
| Date: 18 Dec 2020 Judge: BROMBERG J |
83. Qantas Airways Limited v Flight Attendants' Association of Australia [2020] FCAFC 227
| STATUTORY INTERPRETATION - appeal - Commonwealth JobKeeper Scheme - meaning of "the amounts payable to the employee in relation to the performance of work during the fortnight" - extrinsic material - consideration of note to section - text, context |
| Date: 17 Dec 2020 Judge: JAGOT, BROMBERG AND WHEELAHAN JJ |
| MIGRATION - application for judicial review of Minister's decision to cancel the applicant's visa under s 501(3) of the Migration Act 1958 (Cth) - whether Minister misunderstood the operation of s 501(3) by failing to appreciate that s 501(5) did |
| Date: 8 Dec 2020 Judge: BROMBERG J |
| INDUSTRIAL LAW - statutory construction - employees stood down under s 524(1) of the Fair Work Act 2009 (Cth) and under enterprise agreement because of stoppage of work for which employer could not reasonably be held responsible - exigencies of the |
| Date: 27 Nov 2020 Judge: RARES, BROMBERG AND COLVIN JJ |
86. Cummins South Pacific Pty Ltd v Keenan [2020] FCAFC 204
| INDUSTRIAL LAW - adverse action - appeal from Federal Circuit Court of Australia - whether respondent was dismissed in contravention of s 340(1) of Fair Work Act 2009 (Cth) (FW Act) - whether complaints were made within the meaning of s 341(1)(c)(ii) |
| Date: 24 Nov 2020 Judge: BROMBERG, MORTIMER AND ANASTASSIOU JJ |
87. AJL20 v Commonwealth of Australia [2020] FCA 1305
| CONSTITUTIONAL LAW - restraints upon administrative detention flowing from Chapter III of the Constitution discussed. MIGRATION - Migration Act 1958 (Cth) ss 189, 196 and 198 - whether applicant's immigration detention unlawful - whether the |
| Date: 11 Sep 2020 Judge: BROMBERG J |
88. MZARM v Minister for Immigration and Border Protection (No 2) [2020] FCA 1167
| MIGRATION - s 424A and s 438 of the Migration Act 1958 (Cth) - Administrative Appeals Tribunal denied the appellant procedural fairness in failing to disclose existence of s 438 certificate - whether that denial was material to outcome - whether |
| Date: 14 Aug 2020 Judge: BROMBERG J |
| MIGRATION - whether Immigration Assessment Authority overlooked important material and thus failed to consider evidence or claims provided or made by the appellant - where that failure gave rise to adverse inferences as to appellant's credibility - |
| Date: 14 Aug 2020 Judge: BROMBERG J |
90. AUE16 v Minister for Immigration and Border Protection [2020] FCA 1168
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal ('Tribunal') to affirm Minister's decision to refuse protection visa - whether Tribunal applied the wrong test and therefore failed to properly consider appellant's claim to |
| Date: 14 Aug 2020 Judge: BROMBERG J |
91. Champion on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2020] FCA 1175
| PRACTICE AND PROCEDURE - application for determination of native title - interlocutory application to inspect anthropological reports from another native title proceeding - application opposed by litigants from that other proceeding on the basis |
| Date: 14 Aug 2020 Judge: BROMBERG J |
| INDUSTRIAL LAW - separate questions pursuant to r 30.01 of the Federal Court Rules 2011 - s 417 of the Fair Work Act 2009 (Cth) - whether ship's crew were "covered by" enterprise agreement at relevant time and were consequently disentitled to take |
| Date: 7 Aug 2020 Judge: BROMBERG J |
93. Mutch v ISG Management Pty Ltd (No 2) [2020] FCA 954
| COSTS - s 570(2)(b) of the Fair Work Act 2009 (Cth) - various interlocutory applications unsuccessful - adjournment application causing costs to be thrown away - whether any "unreasonable act or omission" to justify adverse costs orders - |
| Date: 8 Jul 2020 Judge: BROMBERG J |
94. Goodwin v Commissioner of Police [2020] FCA 950
| ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(a), (1)(e), (1)(j), and (2)(g) - Australian Federal Police Act 1979 (Cth), s 28 - application for judicial review of decision to terminate applicant's employment |
| Date: 8 Jul 2020 Judge: BROMBERG J |
95. DQM18 v Minister for Home Affairs [2020] FCAFC 110
| MIGRATION ACT - s 501CA(4) Migration Act 1958 (Cth) - application for judicial review - where Assistant Minister determined not to revoke cancellation of appellant's visa - whether the Assistant Minister failed to perform the requisite statutory |
| Date: 25 Jun 2020 Judge: BROMBERG, MORTIMER AND SNADEN JJ |
| MIGRATION - appeal from a judgment of the Federal Court of Australia - where appellant applied for safe haven enterprise visa following convictions for various criminal offences - where Minister made a decision to refuse the grant of the visa under |
| Date: 23 Jun 2020 Judge: BROMBERG, O'CALLAGHAN AND STEWARD JJ |
| Date: 12 Jun 2020 Judge: FLICK, BROMBERG AND ANASTASSIOU JJ |
98. Australian Building and Construction Commissioner v Molina [2020] FCAFC 97
| INDUSTRIAL LAW - appeal from decision of primary judge dismissing application for declarations that respondents contravened s 346(b) and s 348 of the Fair Work Act 2009 (Cth) - whether primary judge erred in approach to construction of s 346 - |
| Date: 29 May 2020 Judge: BROMBERG, COLVIN AND ABRAHAM JJ |
99. WorkPac Pty Ltd v Rossato [2020] FCAFC 84
| INDUSTRIAL LAW - application by an employer for declarations that an employee could not claim the National Employment Standards entitlements to paid annual leave, personal/carer's leave and compassionate leave because he was a casual employee within |
| Date: 20 May 2020 Judge: BROMBERG, WHITE AND WHEELAHAN JJ |
100. Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2020] FCAFC 81
| INDUSTRIAL LAW - protected industrial action - contravention of an order - power of Court to set aside retrospectively PRACTICE AND PROCEDURE - orders nunc pro tunc - power of Court to make - interference with a substantive right PRACTICE AND |
| Date: 18 May 2020 Judge: FLICK, BROMBERG AND ANASTASSIOU JJ |
