Browse Federal Court JudgmentsBy Judge - Bromwich J |
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1. Thurston v Fox Sports Australia Pty Limited (No 2) [2026] FCAFC 118
| COSTS – whether accidental slip or omission in order by Full Court concerning costs below upon remittal. |
| Date: 4 Sep 2026 Judge: BROMWICH, O'CALLAGHAN AND ABRAHAM JJ |
2. Zentree Investments Limited v North Limited (Expedition) [2026] FCA 1234
| PRACTICE AND PROCEDURE – application for expedited hearing of appeal – factors relevant to expedition and interests of justice – where other proceedings held in abeyance pending outcome of the appeal – application for expedition granted |
| Date: 27 Aug 2026 Judge: BROMWICH J |
3. Birenbaum v H & A Nominees Pty Ltd trading as Cairo Takeaway (Costs) [2026] FCA 1233
| COSTS – award of costs in favour of the respondents not in dispute |
| Date: 27 Aug 2026 Judge: BROMWICH J |
4. Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231
| COMPETITION – application for a no adverse costs order (NACO) under s 82(3) of the Competition and Consumer Act 2010 (Cth) – whether the Court is satisfied of the criteria in s 82(5) – interpretation of criteria under s 82(5) – application |
| Date: 27 Aug 2026 Judge: BROMWICH J |
5. Boyd v State of New South Wales (Department of Education) [2026] FCA 1190
| PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant factors for approval of settlement – claim of discrimination in provision of education – minor with disabilities – |
| Date: 21 Aug 2026 Judge: BROMWICH J |
6. Staunton v Zahab (No 2) [2026] FCA 1173
| PRACTICE AND PROCEDURE – suppression orders – whether a suppression order should be granted pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth) – control orders – suppression orders made |
| Date: 19 Aug 2026 Judge: BROMWICH J |
7. EMD20 v Minister for Immigration and Citizenship [2026] FCA 1258
| MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where applicant failed to file submissions and appear at hearing – where grounds of appeal lack merit – application dismissed with costs |
| Date: 18 Aug 2026 Judge: BROMWICH J |
8. Al-Dmour v Minister for Immigration and Citizenship [2026] FCA 1251
| MIGRATION – application for extension of time to appeal decision by Federal Circuit and Family Court of Australia – where application for review of Administrative Review Tribunal was summarily dismissed – where grounds do not identify error in |
| Date: 17 Aug 2026 Judge: BROMWICH J |
9. Hasan v Minister for Immigration and Citizenship [2026] FCA 1105
| MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge upheld decision of then Administrative Appeals Tribunal – where Tribunal found it did not have jurisdiction to review decision |
| Date: 4 Aug 2026 Judge: BROMWICH J |
10. Karlsson v Griffith University (No 2) [2026] FCAFC 102
| BANKRUPTCY AND INSOLVENCY – scope of power under s 41(6A) of Bankruptcy Act 1966 (Cth) – operation of s 41(7) of Bankruptcy Act –application brought by creditor for variation of previous orders under r 39.05 of Federal Court Rules 2011 (Cth) |
| Date: 27 Jul 2026 Judge: PERRY, BROMWICH AND RAPER JJ |
11. Falco v Zscaler Australia Pty Ltd (No 2) [2026] FCA 837
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders following settlement after a successful mediation – where deed of settlement and release subject to confidentiality obligations and conditional upon the Court making |
| Date: 3 Jul 2026 Judge: BROMWICH J |
12. TESA Group Pty Ltd v Mining and Energy Union [2026] FCAFC 86
| PRIVILEGE – parliamentary privilege – where appellant sought recusal of Deputy President of the Fair Work Commission – where Deputy President was a Member of Parliament and shadow cabinet before being appointed to the Commission – where |
| Date: 3 Jul 2026 Judge: BROMWICH, KENNETT AND HORAN JJ |
| CONTRACTS – defamation – application seeking declarations of breach of settlement deed – where defamation proceeding settled on confidential terms – where a joint statement was published as part of settlement – where clause in settlement |
| Date: 30 Jun 2026 Judge: BROMWICH J |
14. Thurston v Fox Sports Australia Pty Limited [2026] FCAFC 89
| DEFAMATION – appeal from judgment dismissing defamation proceedings – where appellant spectators pleaded that television broadcasts conveyed imputations that they had engaged in racist conduct towards rugby player during match – whether |
| Date: 25 Jun 2026 Judge: BROMWICH, O'CALLAGHAN AND ABRAHAM JJ |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
43. 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 |
44. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
53. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
99. 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 |
100. 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 |
