Browse Federal Court JudgmentsBy Judge - Bromwich J |
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1. Zey v State of New South Wales [2026] FCA 655
| HUMAN RIGHTS – urgent application under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) – where complaint to Australian Human Rights Commission against Supreme Court of NSW (Court of Appeal) pending – where applicant and |
| Date: 25 May 2026 Judge: BROMWICH J |
2. Nicolson v Naizmand (duration of non-publication order) [2026] FCA 635
| PRACTICE AND PROCEDURE – application for non-publication order under s 37AF of Federal Court of Australia Act 1976 (Cth) (the Act) – where order is necessary to prevent prejudice to the proper administration of justice – where applicant |
| Date: 15 May 2026 Judge: BROMWICH J |
3. Pearson v State of New South Wales [2026] FCA 568
| HIGH COURT AND FEDERAL COURT – remittal of part of proceeding from High Court of Australia pursuant to s 44 of the Judiciary Act 1903 (Cth) – whether certain video records relied upon by the applicant were made in contravention of s 8(1)(a) |
| Date: 8 May 2026 Judge: BROMWICH J |
4. Minister for Immigration and Citizenship v XMBQ (Costs) [2026] FCAFC 55
| COSTS – where the appellant succeeded in establishing that the exercise of power under s 501BA of the Migration Act 1958 (Cth) is not subject to an implied time limit – where the appellant seeks his costs of the appeal and the proceeding below |
| Date: 30 Apr 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
5. Huynh v Commonwealth of Australia (costs) [2026] FCA 440
| COSTS – determination of lump sum costs – where proceeding was summarily dismissed after respondents had offered consent to discontinuance without costs – where applicant did not accept offer and provided no submissions as to costs – HELD: |
| Date: 17 Apr 2026 Judge: BROMWICH J |
6. Australian Competition and Consumer Commission v Qteq Pty Ltd (Penalty) [2026] FCA 356
| COMPETITION – imposition of pecuniary penalties and related orders under s 76(1) of the Competition and Consumer Act 2010 – where respondents found to have induced or intended to induce contraventions of the cartel prohibitions – where |
| Date: 26 Mar 2026 Judge: BROMWICH J |
7. Stonhill v Katherine Town Council [2026] FCA 334
| HUMAN RIGHTS – urgent application under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) for orders reinstating employment – where two complaints to Australian Human Rights Commission pending – whether interim injunction should |
| Date: 23 Mar 2026 Judge: BROMWICH J |
8. Firew v Services Australia [2026] FCA 305
| PRACTICE AND PROCEDURE – objection to competency – where applicant subsequently filed application for leave to amend – where applicant a litigant in person – whether original pleadings invoke the Court’s jurisdiction under Judiciary Act |
| Date: 20 Mar 2026 Judge: BROMWICH J |
9. Aljazeera International (Malaysia) SDN BHD v Hun [2026] FCAFC 22
| DEFAMATION – application for leave to appeal interlocutory orders striking out justification defence – application for leave to appeal consequential order dismissing subpoena – leave to appeal granted – respondent pleaded defamatory |
| Date: 18 Mar 2026 Judge: BROMWICH, WHEELAHAN AND OWENS JJ |
10. JVZ25 v Minister for Immigration and Citizenship [2026] FCA 358
| MIGRATION – application for urgent injunctive relief to restrain Minister from removal of applicant from Australia pending appeal from decision of primary judge – whether primary judge erred in refusing the grant of injunctive relief – HELD: |
| Date: 17 Mar 2026 Judge: BROMWICH J |
11. Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19
| ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
12. Archer v Minister for Immigration and Citizenship [2026] FCAFC 20
| MIGRATION – whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time – where point has been decided in Minister for Immigration and Multicultural |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
13. Paule v Kambouris, in the matter of Paule [2026] FCA 133
| BANKRUPTCY – controlling trustee – application under s 188(4) of Bankruptcy Act 1966 (Cth) – debtor seeking leave to give authority to controlling trustee for second time in six months – where previous court orders released property of |
| Date: 19 Feb 2026 Judge: BROMWICH J |
14. Rifahi v Secretary, Department of Social Services [2026] FCA 487
| SOCIAL SECURITY – application for an extension of time to bring application for judicial review of Social Security Appeals Tribunal (SSAT) decision – where SSAT upheld decision that applicant owed debt arising from payment of disability support |
| Date: 12 Feb 2026 Judge: BROMWICH J |
15. Falco v Zscaler Australia Pty Ltd [2026] FCA 22
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where matter referred to mediation yet to occur – whether disclosure of pleadings and other documents might imperil mediation – whether suppression and |
| Date: 28 Jan 2026 Judge: BROMWICH J |
16. Roberts v Magistrate Gett [2026] FCAFC 3
| PRACTICE AND PROCEDURE - appeals - whether appeal moot CRIMINAL LAW - appeal against dismissal of application for judicial review of decision to order forensic procedure - whether substantive grounds of review before primary judge established - |
| Date: 23 Jan 2026 Judge: BROMWICH, ABRAHAM AND VANDONGEN JJ |
17. Commonwealth Director of Public Prosecutions v Forrest [2026] FCA 14
| CRIMINAL LAW – sentencing – where offender charged with two rolled up insider trading offences contrary to ss 1043A(1) and 1311(1) of the Corporations Act 2001 (Cth) – where offender pleaded guilty to all charges at an early stage – where |
| Date: 23 Jan 2026 Judge: BROMWICH J |
18. AxiCorp Financial Services Pty Ltd v CABC (No 3) [2025] FCA 1658
| PRACTICE AND PROCEDURE – application for removal from court file orders – where parties settled proceeding and proposed consent orders for removal of certain affidavits and pleadings from court file – where settlement contingent on such orders |
| Date: 19 Dec 2025 Judge: BROMWICH J |
19. Marsh Limited v Greensill Bank AG [2025] FCAFC 196
| PRACTICE AND PROCEDURE – application for leave to appeal from order granting anti-anti-suit relief restraining the applicants from pursuing claims in the High Court of Justice of England and Wales – application dismissed |
| Date: 19 Dec 2025 Judge: BROMWICH, ANDERSON and NESKOVCIN JJ |
20. Francisco v Minister for Immigration and Citizenship [2025] FCA 1514
| MIGRATION – interlocutory application seeking injunction restraining the removal of applicant from Australia – where proposed review grounds of the Tribunal’s decision disclose no serious question to be tried and balance of convenience does |
| Date: 1 Dec 2025 Judge: BROMWICH J |
21. Anthony v Minister for Immigration and Citizenship [2025] FCA 1495
| MIGRATION – application for extension of time and leave to appeal – where the primary judge in the Federal Circuit and Family Court of Australia (Division 2) correctly found her Honour had no jurisdiction to grant relief sought by applicant – |
| Date: 28 Nov 2025 Judge: BROMWICH J |
22. Kaur v Minister for Immigration and Citizenship [2025] FCA 1478
| MIGRATION – application for leave to appeal from orders of Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application to reinstate a judicial review application brought in relation to an Administrative |
| Date: 28 Nov 2025 Judge: BROMWICH J |
23. Jalla v Minister for Immigration and Citizenship [2025] FCA 1482
| MIGRATION – appeal from orders of Federal Circuit and Family Court of Australia (Division 2) dismissing judicial review application of a decision by the Administrative Appeals Tribunal – where Tribunal affirmed decision not to grant a Student |
| Date: 27 Nov 2025 Judge: BROMWICH J |
24. Ziegler v Commissioner of Taxation [2025] FCAFC 168
| TAXATION – whether credit to “Income Tax Account” kept by Commissioner and available via the ATO’s “Tax Agent Portal” an “assessable recoupment” under s 20-20(3) of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – whether |
| Date: 26 Nov 2025 Judge: BROMWICH, THAWLEY AND JACKMAN JJ |
25. DKK18 v Minister for Immigration and Citizenship [2025] FCA 1405
| MIGRATION – application for extension of time and appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority – whether Authority failed |
| Date: 14 Nov 2025 Judge: BROMWICH J |
26. Ho v Pharmaceutical Services Federal Committee of Inquiry [2025] FCA 1458
| ADMINISTRATIVE LAW – Pharmaceutical Services Federal Committee of Inquiry established under National Health Act 1953 (Cth) – where Committee empowered to conduct inquiry into matter arising from conduct of approved pharmacist referred under s |
| Date: 10 Nov 2025 Judge: BROMWICH J |
27. Moroney v TM Insight Operations Pty Ltd [2025] FCA 1337
| CONTRACTS – restraint of trade – where restraints in shareholders agreement and employment agreement contain cascading provisions in relation to restraint duration and restraint area – whether restraints are void for uncertainty – whether |
| Date: 7 Nov 2025 Judge: BROMWICH J |
| DEFAMATION – application to strike out parts of the statement of claim related to serious harm or to require particulars on applicant’s prior reputation – whether applicant in defamation proceeding required to plead reputation prior to |
| Date: 30 Oct 2025 Judge: BROMWICH J |
29. Lusty (Examiner) v FVQ25 [2025] FCA 1267
| CONTEMPT OF COURT – sentencing – where the respondent appearing before the Australian Criminal Intelligence Commission as a witness failed or refused to answer 14 questions when required by the examiner to do so – where the respondent is |
| Date: 24 Oct 2025 Judge: BROMWICH J |
30. National Disability Insurance Agency v Lampard [2025] FCAFC 139
| ADMINISTRATIVE LAW – disability requirements under National Disability Insurance Scheme Act 2013 (Cth) (the Act) – whether Administrative Appeals Tribunal identified impairment attributable to respondent’s disability as required by s 24(1)(a) |
| Date: 10 Oct 2025 Judge: BROMWICH, NESKOVCIN AND VANDONGEN JJ |
| PRACTICE AND PROCEDURE – strike out application – whether pleadings contained necessary material facts – where pleadings alleged global contraventions of enterprise agreement and s 50 of Fair Work Act 2009 (Cth) in relation to group of unnamed |
| Date: 10 Oct 2025 Judge: BROMWICH J |
32. 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 |
33. Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (security for costs) [2025] FCA 1157
| PRACTICE AND PROCEDURE – applications for security for costs of an appeal – issues as to quantum and form of security for costs – whether appropriate to calculate quantum of security based on actual costs incurred and estimate of actual |
| Date: 19 Sep 2025 Judge: BROMWICH J |
34. LAZ24 v Purcell (Examiner) [2025] FCAFC 132
| CONTEMPT OF COURT - refusal to answer questions in Australian Criminal Intelligence Commission examination constituting contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 9 months imprisonment |
| Date: 19 Sep 2025 Judge: BROMWICH, STEWART AND VANDONGEN JJ |
35. BlueScope Steel Limited v Australian Competition and Consumer Commission [2025] FCAFC 118
| COMPETITION – appeals from orders made as to liability for attempts to induce a corporation to arrive at an understanding containing a cartel provision, contravening ss 445ZZRJ and s 76(1)(d) of the Competition and Consumer Act 2010 (Cth) (the Act) |
| Date: 29 Aug 2025 Judge: WIGNEY, BROMWICH AND HALLEY JJ |
36. McGrane v Seven Network (Operations) Pty Ltd [2025] FCA 944
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where pleadings have closed – where matter referred to mediation yet to occur – whether disclosure of pleadings might imperil mediation – whether suppression |
| Date: 12 Aug 2025 Judge: BROMWICH J |
37. CIK23 v Minister for Immigration and Citizenship [2025] FCA 896
| MIGRATION – application for extension of time and leave to appeal – whether extension of time should be granted – whether proposed notice of appeal has merits – where Administrative Appeals Tribunal found no jurisdiction to review decision |
| Date: 5 Aug 2025 Judge: BROMWICH J |
| INDUSTRIAL LAW – enterprise agreements – principles of construction for enterprise agreements – whether dispute resolution clause requiring “status quo remain” obliged employer to maintain pre-dispute environment – where employer had |
| Date: 1 Aug 2025 Judge: BROMWICH J |
39. DVRL v Minister for Immigration and Citizenship [2025] FCA 876
| MIGRATION – Administrative Review Tribunal decision to affirm delegate of Minister of Immigration and Citizenship not to grant a protection visa – where applicant affected by NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs |
| Date: 1 Aug 2025 Judge: BROMWICH J |
40. Magar v Khan [2025] FCA 874
| HUMAN RIGHTS – discrimination – harassment on the ground of sex and sexual harassment – where applicant alleged harassment on the ground of sex and sexual harassment by the principal and sole director of her employer – where alleged conduct |
| Date: 1 Aug 2025 Judge: BROMWICH J |
41. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2025] FCAFC 97
| PRACTICE AND PROCEDURE – suppression or non-publication orders – where the respondent filed an interlocutory application seeking suppression or non-publication orders in respect of four figures in the judgment of the Full Court on the basis of |
| Date: 30 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
| COSTS – costs of discontinued cross-claim – where discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) subject to contrary order or consent – whether discontinuing party’s impecuniosity a good reason to |
| Date: 16 Jul 2025 Judge: BROMWICH J |
43. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
| COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the |
| Date: 9 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
44. AxiCorp Financial Services Pty Ltd v CABC (No 2) [2025] FCA 698
| COSTS — application for costs under s 570 of the Fair Work Act 2009 (Cth) — whether respondent engaged in unreasonable act or omission by not giving undertaking over alleged confidential information — where applicant sought injunction and |
| Date: 27 Jun 2025 Judge: BROMWICH J |
45. Kiad v Minister for Immigration and Citizenship [2025] FCA 703
| MIGRATION – where the Minister decided under s 501(3) of the Migration Act 1958 (Cth) to cancel the applicant’s visa on the basis that he failed the character test and cancellation was in the national interest – where aspects of national |
| Date: 27 Jun 2025 Judge: BROMWICH J |
46. Lal v Royal Australasian College of Physicians [2025] FCA 673
| PRACTICE AND PROCEDURE — application for an extension of time and leave to appeal from decision made by single judge of Federal Court — whether extension of time and leave to appeal should be granted — where primary judge granted summary |
| Date: 26 Jun 2025 Judge: BROMWICH J |
47. Huynh v Commonwealth of Australia [2025] FCA 531
| ADMINISTRATIVE LAW— application for judicial review of decision to retain items seized under search warrant — where applicant is facing criminal proceedings before the Local Court of New South Wales — whether s 39B(1C), Judiciary Act 1903 |
| Date: 23 May 2025 Judge: BROMWICH J |
48. SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60
| COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of |
| Date: 24 Apr 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
49. Aitken v Commissioner of Taxation [2025] FCA 372
| TAXATION — appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) — where applicant lodged an objection to an amended assessment for the 2016 income year and the respondent did not allow the objection — where applicant was an |
| Date: 17 Apr 2025 Judge: BROMWICH J |
50. Australian Competition and Consumer Commission v Qteq Pty Ltd [2025] FCA 371
| COMPETITION – alleged attempts to enter into contracts, arrangements or understandings with companies in the coal seam gas industry that would be contraventions of s 44ZZRJ/45AJ of the Competition and Consumer Act 2010 (Cth) – alleged attempts |
| Date: 17 Apr 2025 Judge: BROMWICH J |
51. Halyday v Commonwealth [2025] FCA 330
| PRACTICE AND PROCEDURE – application for summary dismissal or, alternatively strike out of pleadings – where applicant claims breach of duty of care owed by the Commonwealth in not removing a non-citizen – purpose of pleadings – HELD: |
| Date: 8 Apr 2025 Judge: BROMWICH J |
52. AIX20 v Director-General of Security [2025] FCAFC 38
| PRACTICE AND PROCEDURE – public interest immunity claims – restricted counsel procedure – leave to appeal judgment upholding claim of public interest immunity – appellate standard of review for decisions upholding public interest immunity |
| Date: 28 Mar 2025 Judge: MURPHY, BROMWICH AND SHARIFF JJ |
53. Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
| PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
54. SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
| CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
55. Fanatics, LLC v FanFirm Pty Limited (No 2) [2025] FCA 241
| PRACTICE AND PROCEDURE – costs – whether appellant partially successful in stay applications – where respondent proffered terms of a limited stay – HELD: appellant to pay the respondent’s costs of and incidental to the interlocutory |
| Date: 21 Mar 2025 Judge: BROMWICH J |
56. Firstmac Limited v Zip Co Limited [2025] FCAFC 30
| TRADE MARKS – appeal against decision that composite marks not deceptively similar to registered trade mark pursuant to s 120 of the Trade Marks Act 1995 (Cth) (TM Act) – whether stylised marks containing the registered trade mark and other |
| Date: 19 Mar 2025 Judge: PERRAM, KATZMANN AND BROMWICH JJ |
57. Bangash v Minister for Immigration and Multicultural Services [2025] FCA 198
| MIGRATION – legal unreasonableness – procedural fairness – whether primary judge erred in not finding error in Administrative Appeals Tribunal’s decision – HELD: appeal dismissed |
| Date: 13 Mar 2025 Judge: BROMWICH J |
58. CUP17 v Minister for Immigration and Multicultural Affairs [2025] FCA 183
| MIGRATION – application for leave to file amended notice of appeal – whether amended notice of appeal has merits – whether the Immigration Assessment Authority committed jurisdictional error in concluding that the appellant’s scarring would |
| Date: 12 Mar 2025 Judge: BROMWICH J |
59. CUP16 v Minister for Immigration and Multicultural Affairs [2025] FCA 177
| MIGRATION – application for an extension of time to file a notice of appeal – whether proposed notice of appeal has merits – whether it was legally unreasonable, irrational or illogical for the Immigration Assessment Authority to conclude that |
| Date: 11 Mar 2025 Judge: BROMWICH J |
60. AxiCorp Financial Services Pty Ltd v CABC [2025] FCA 144
| PRACTICE AND PROCEDURE - suppression order - confidentiality order - effect of suppression orders on other proceedings - whether suppression order under s 37AF of the Federal Court Act 1976 (Cth) is necessary to prevent prejudice to the proper |
| Date: 4 Mar 2025 Judge: BROMWICH J |
61. Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants [2025] FCA 114
| PRACTICE AND PROCEDURE -- application for leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) -- whether leave to appeal should be granted -- where primary judge refused an adjournment application and |
| Date: 21 Feb 2025 Judge: BROMWICH J |
62. Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants [2025] FCA 113
| PRACTICE AND PROCEDURE -- application for leave to appeal from interlocutory orders made by a single judge of the Federal Court -- whether leave to appeal should be granted -- where primary judge dismissed an interlocutory application for leave to |
| Date: 21 Feb 2025 Judge: BROMWICH J |
63. Higginson v Australian Capital Territory [2025] FCA 66
| PRACTICE AND PROCEDURE - application by applicant for leave to file a further amended statement of claim (FASOC) - application by respondent for summary dismissal of the proceeding - where respondent objects to leave to amend being granted on basis |
| Date: 11 Feb 2025 Judge: BROMWICH J |
64. Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3
| MIGRATION - indefinite detention - where the applicant at first instance (CRS20) sought a writ of habeas corpus on the basis of the judgment of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs |
| Date: 30 Jan 2025 Judge: MOSHINSKY, BROMWICH AND SARAH C DERRINGTON JJ |
65. Karlsson v Griffith University [2024] FCAFC 150
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of the primary judge refusing to set aside a bankruptcy notice upon review of a decision of the Registrar - where the appellant's asserted counter-claim, set-off or cross demand under s 40(1)(g) of |
| Date: 22 Nov 2024 Judge: PERRY, BROMWICH AND RAPER JJ |
66. Harrison (Trustee) Roberts v Roberts, in the matter of Roberts [2024] FCA 1365
| BANKRUPTCY AND INSOLVENCY - letter of request to foreign court exercising jurisdiction in bankruptcy to act in aid of and be auxiliary to the Federal Court of Australia - application made ex parte in circumstances where bankrupt non-communicative - |
| Date: 18 Nov 2024 Judge: BROMWICH J |
67. CDW17 v Minister for Immigration and Multicultural Affairs [2024] FCA 1302
| MIGRATION - appeal from orders made by a judge of Division 2 of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the Immigration Assessment Authority - Authority affirmed a decision of a delegate of |
| Date: 6 Nov 2024 Judge: BROMWICH J |
68. Imad v Director-General of Security [2024] FCAFC 138
| PRACTICE AND PROCEDURE - public interest immunity - where primary judge upheld the Director-General of Security's claim of public interest immunity over documents relating to adverse security assessment (ASA) against applicant - whether primary |
| Date: 30 Oct 2024 Judge: BROMWICH, THAWLEY AND SHARIFF JJ |
69. FEL19 v Minister for Immigration and Multicultural Affairs [2024] FCA 1249
| MIGRATION - s 501BA cancellation decision made in person by the Minister for Immigration and Multicultural Affairs - where the Minister admits he made a legal error in finding that applicant's protection visa application was not "finally determined" |
| Date: 29 Oct 2024 Judge: BROMWICH J |
70. Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
| AUSTRALIAN CONSUMER LAW - appellant alleges misleading and deceptive conduct in relation to the sale of Bluewater Square Shopping Centre - where trial judge found that the respondents did not engage in misleading and deceptive conduct, appellant did |
| Date: 18 Sep 2024 Judge: BROMWICH, THAWLEY AND O'SULLIVAN JJ |
71. State of New South Wales - Sydney Trains v Annovazzi [2024] FCAFC 120
| HUMAN RIGHTS - disability discrimination - appeal - where the respondent was a trainee train driver on probation - where the respondent had Asperger's Syndrome and ADHD and took medication as required - where the appellant terminated her employment |
| Date: 12 Sep 2024 Judge: BROMWICH, RAPER AND SHARIFF JJ |
72. Kisun v New Zealand [2024] FCAFC 118
| EXTRADITION - appeal against decision of a Federal Court judge affirming decision of a Magistrate not to prevent surrender to New Zealand for extradition - HELD: no error established - appeal dismissed with costs |
| Date: 10 Sep 2024 Judge: BROMWICH, ABRAHAM AND HALLEY JJ |
73. ARN21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1038
| MIGRATION - application for judicial review of a decision of the Federal Circuit Court (now the Federal Circuit and Family Court of Australia (Division 2)) refusing to extend time to seek judicial review of a decision of the Administrative Appeals |
| Date: 6 Sep 2024 Judge: BROMWICH J |
74. BDS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 112
| MIGRATION - Appeal from Federal Circuit and Family Court of Australia (Div 2) - grounds of apprehended bias, failure to discharge judicial review functions, denial of fairness by primary judge and error by primary judge in failing to find error in |
| Date: 3 Sep 2024 Judge: BROMWICH, LEE AND HALLEY JJ |
75. Scanes v Comcare [2024] FCA 961
| ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) affirming decision of Comcare to decline applicant's compensation claim under s 17 of the Safety, Rehabilitation and |
| Date: 23 Aug 2024 Judge: BROMWICH J |
76. Save Wallum Incorporated v Clarence Property Corporation Limited [2024] FCA 967
| ENVIRONMENT LAW - application for an interim injunction under s 475(5) of the Environment Protection and Biodiversity Act 1999 (Cth) - restraint of development works - where arguable case for a permanent injunction in the substantive proceeding - |
| Date: 23 Aug 2024 Judge: BROMWICH J |
77. Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
| HUMAN RIGHTS - gender identity discrimination - s 5B and 22 of the Sex Discrimination Act 1984 (Cth) (SDA) - where transgender woman excluded from a woman's only social media application - construction of "sex" in s 5 of the SDA - construction of s |
| Date: 23 Aug 2024 Judge: BROMWICH J |
78. Fanatics, LLC v FanFirm Pty Limited [2024] FCA 920
| PRACTICE AND PROCEDURE - application for stay of injunction pending appeal - alleged infringement of trade marks - where grounds of appeal were bona fide and arguable - whether balance of convenience favoured grant of stay - where respondent offered |
| Date: 14 Aug 2024 Judge: BROMWICH J |
79. Biswas v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 904
| MIGRATION - appeal of decision of the former Federal Circuit Court of Australia dismissing an application for judicial review of decision of Administrative Appeals Tribunal - where Tribunal found the appellant did not meet genuine applicant for |
| Date: 9 Aug 2024 Judge: BROMWICH J |
80. Patrick v Australian Information Commissioner [2024] FCAFC 93
| ADMINISTRATIVE LAW - the appellant sought a declaration that the legal limits of the Australian Information Commissioner's authority have been exceeded and his right to an Information Commissioner review unlawfully delayed - where the appellant had |
| Date: 11 Jul 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
81. Gale v Judicial Registrar Ditton [2024] FCA 730
| ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing - whether original originating application and statement of claim fail to disclose a |
| Date: 5 Jul 2024 Judge: BROMWICH J |
82. China Australia Travel Group Pty Ltd v Yang [2024] FCA 671
| PRACTICE AND PROCEDURE - necessity of extension of time and leave to appeal - whether primary judgment and orders interlocutory in nature - where primary judgment provides for findings of liability and compensation but not penalty - HELD: primary |
| Date: 21 Jun 2024 Judge: BROMWICH J |
| TAXATION - whether Administrative Appeals Tribunal erred in its construction of s 207-155 of the Income Tax Assessment Act 1997 (Cth) - alleged dividend stripping operation - Tribunal erred in its construction of s 207-155 - matter remitted to the |
| Date: 14 Jun 2024 Judge: BROMWICH, THAWLEY AND HESPE JJ |
| PRACTICE AND PROCEDURE - application for extension of time to comply with orders to pay security - failure to apply for reinstatement of proceeding where self-executing order had already taken effect - self-executing order - dismissal of proceeding - |
| Date: 7 Jun 2024 Judge: BROMWICH J |
85. Major v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 597
| MIGRATION - where the Minister for Immigration, Citizenship and Multicultural Affairs had set aside a decision by the Administrative Appeals Tribunal and refused the grant of a visa under s 501A(2) of the Migration Act 1958 (Cth) - where the |
| Date: 7 Jun 2024 Judge: BROMWICH J |
86. AHF18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 660
| MIGRATION - injunction sought to restrain removal of non-citizen - whether medical evidence sufficient to grant injunction - whether long-term illness prevents "reasonable practicability" of removal in accordance with s 198 of the Migration Act 1958 |
| Date: 6 Jun 2024 Judge: BROMWICH J |
87. Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA 576
| INDUSTRIAL LAW - determination of civil penalties for admitted breaches of s 558B(1) of the Fair Work Act 2009 (Cth) by the respondent as "responsible franchisor" - whether breaches of record keeping obligations set out in the Fair Work Regulations |
| Date: 4 Jun 2024 Judge: BROMWICH J |
| COMPETITION - pecuniary penalties - determination of civil penalties for breaches of s 45AJ of the Competition and Consumer Act 2010 (Cth) (CCA) for attempted bid rigging - where liability already determined in previous judgment - where size of |
| Date: 4 Jun 2024 Judge: BROMWICH J |
89. Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd [2024] FCA 443
| EMPLOYMENT AND INDUSTRIAL RELATIONS - failure to comply with two protected action ballot order by failure to provide information by the required time - where failure to comply has caused delay in holding one of those ballots for protected industrial |
| Date: 30 Apr 2024 Judge: BROMWICH J |
90. Adefarakan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 409
| MIGRATION - application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) - where the AAT failed to consider materials relevant to its inquiry, namely the applicant's rehabilitation progress relevant to his |
| Date: 23 Apr 2024 Judge: BROMWICH J |
91. Buzadzic v Commissioner of Taxation [2024] FCAFC 50
| TAXATION - where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation's decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall |
| Date: 17 Apr 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
92. EFEX Group Pty Ltd v Bennett [2024] FCAFC 35
| INDUSTRIAL LAW -- nature of employment relationship -- effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 |
| Date: 15 Mar 2024 Judge: KATZMANN, BROMWICH AND LEE JJ |
93. Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204
| COSTS - where applicant ordered to pay the respondents' costs for an unsuccessful interlocutory application filed by the applicant challenging the respondents' claim of journalist privilege under s 126K(1) of the Evidence Act 1995 (Cth) - where |
| Date: 8 Mar 2024 Judge: BROMWICH J |
94. Minister for Home Affairs v BRO18 [2024] FCAFC 27
| MIGRATION - appeal from decision of single judge of the Federal Court of Australia - where delegate of Minister for Home Affairs cancelled respondent's visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) - where Minister cannot |
| Date: 8 Mar 2024 Judge: BROMWICH, DERRINGTON AND SNADEN JJ |
95. Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 3) [2024] FCA 156
| CONTEMPT OF COURT - where company has breached court orders to comply with Franchising Code and to ensure compliance officer reports to board or senior management - where company has plead guilty to four contempt of court charges - whether company |
| Date: 1 Mar 2024 Judge: BROMWICH J |
96. J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18
| COMPETITION LAW - industrial law - appeals from orders made as to liability and penalty for making, and giving effect to, an arrangement, or arriving at an understanding, containing a provision preventing or hindering the appellant from acquiring |
| Date: 29 Feb 2024 Judge: WIGNEY, BROMWICH AND ANDERSON JJ |
97. Shubha v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 115
| MIGRATION - appeal from a decision of the former Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - Tribunal decision affirmed a decision of a delegate of the |
| Date: 21 Feb 2024 Judge: BROMWICH J |
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia finding the decision of the delegate of the Minister to cancel the respondent's visa was affected by jurisdictional error and invalid - Whether Full Court of the |
| Date: 21 Feb 2024 Judge: BROMWICH, WHEELAHAN AND BUTTON JJ |
99. CLZ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 105
| MIGRATION - appeal from a decision of the former Federal Circuit Court of Australia dismissing an application for judicial review of the Administrative Appeals Tribunal - Tribunal decision affirmed a decision of a delegate of the Minister to refuse |
| Date: 20 Feb 2024 Judge: BROMWICH J |
100. Fair Work Ombudsman v Commonwealth Bank of Australia [2024] FCA 81
| INDUSTRIAL LAW - determination of civil penalties for admitted breaches of ss 50 and 345 of the Fair Work Act 2009 (Cth) by a major bank, Commonwealth Bank of Australia (CBA), and a major related financial institution, Commonwealth Securities |
| Date: 15 Feb 2024 Judge: BROMWICH J |
