Browse Federal Court JudgmentsBy Judge - Bromwich J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
38. 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 |
39. 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 |
40. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
52. 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 |
53. 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 |
54. Walker v Members Equity Pty Ltd (formerly Members Equity Bank Ltd) [2024] FCA 15
| CONSUMER LAW - CRIMINAL LAW - defendant charged with summary criminal offences contrary to s 12GB(1) of the Australian Securities and Investments Commission Act 2001 and ss 64(1) and 65(1) of the National Credit Code within Schedule 1 of the |
| Date: 19 Jan 2024 Judge: BROMWICH J |
55. Al Muderis v Nine Network Australia Pty Limited [2023] FCA 1623
| EVIDENCE - where the applicant seeks to know the identity of 13 sources of information given to a journalist - where the respondents have refused to disclose their identities and claim statutory journalist privilege - where the applicant challenges |
| Date: 19 Dec 2023 Judge: BROMWICH J |
56. Hartley v Commissioner of the Australian Federal Police [2023] FCAFC 197
| CRIMINAL LAW - appeal from decision of primary judge to dismiss a challenge to the validity of a search warrant - whether primary judge erred in finding warrant sufficiently described nature of offence to indicate area of search - where warrant not |
| Date: 1 Dec 2023 Judge: MURPHY, BROMWICH AND HORAN JJ |
57. BJN20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1456
| MIGRATION - appeal from a decision of 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 to grant |
| Date: 22 Nov 2023 Judge: BROMWICH J |
58. AAO20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1447
| MIGRATION - appeal from a decision of 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 to grant |
| Date: 21 Nov 2023 Judge: BROMWICH J |
59. Toma v Fair Work Commission [2023] FCA 1163
| PRACTICE AND PROCEDURE - application for leave to appeal from decision to refuse leave to pursue racial discrimination action against Fair Work Commission and summary judgment - where applicant alleges apprehended bias by primary judge due to |
| Date: 29 Sep 2023 Judge: BROMWICH J |
60. Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 159
| MIGRATION - where appellant's visa was cancelled under s 501CA(4) of the Migration Act 1958 (Cth) - where an appeal of the Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for |
| Date: 28 Sep 2023 Judge: RARES, BROMWICH AND RAPER JJ |
61. CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1206
| PRACTICE AND PROCEDURE - interlocutory injunction - application to prevent removal from Australia - where the applicant is seeking an extension of time and leave to appeal from a decision of a judge of Division 2 of the Federal Circuit and Family |
| Date: 25 Sep 2023 Judge: BROMWICH J |
62. Rushton v Commonwealth of Australia [2023] FCA 1357
| HUMAN RIGHTS - complaint of breach of human rights made to Australian Human Rights Commission regarding alleged conduct of police in process of arrest and subsequent detainment - whether a claim of a breach of human rights other than discrimination |
| Date: 22 Sep 2023 Judge: BROMWICH J |
63. Barton v Secretary, Department of Health [2023] FCA 1168
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where the application related to an order made by a Judge of the Court as to the legal capacity of the applicant - where fresh evidence relied upon by appellant |
| Date: 21 Sep 2023 Judge: BROMWICH J |
64. Edwards v Hyundai Motor Company Australia Pty Ltd
| PRACTICE AND PROCEDURE - application to transfer two class action proceedings to the Supreme Court of Victoria - application not opposed by respondents in each proceeding - whether transfer is in the interests of justice - whether costs should be |
| Date: 15 Sep 2023 Judge: BROMWICH J |
65. AEI Insurance Group Pty Ltd v Martin [2023] FCA 914
| EMPLOYMENT AND INDUSTRIAL RELATIONS -interlocutory application for the discharge of an injunction enforcing restraint of trade in a contract of employment - evidence adduced by respondent former employee of applicant as to prejudice and as to |
| Date: 1 Aug 2023 Judge: BROMWICH J |
66. Incollingo v Tax Practitioners Board [2023] FCA 878
| TAXATION - where a registered tax agent seeks judicial review of investigation and sanction decisions made by the respondent and related decisions - where cross-examination evidence in prior proceedings in the Court protected by a certificate under |
| Date: 1 Aug 2023 Judge: BROMWICH J |
67. Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880
| COMPETITION - proceeding for civil contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) - cartel conduct - bid rigging - whether the respondents attempted to make an arrangement or arrive at an understanding containing a cartel |
| Date: 1 Aug 2023 Judge: BROMWICH J |
68. BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111
| MIGRATION - challenge to Minister's decision under s 501A(2) of the Migration Act, to refuse to grant a protection visa to the appellant on the ground that it was not in the national interest - where Minister did not consider consequence of |
| Date: 14 Jul 2023 Judge: PERRY, BROMWICH and KENNETT JJ |
69. T.D.S. Biz Pty Ltd v Commissioner of Taxation [2023] FCA 710
| TAXATION - appeal from a decision the Administrative Appeals Tribunal affirming a decision by the Commissioner of Taxation to disallow an objection to a notice of amended assessment by which a claim for research and development (R& |
| Date: 29 Jun 2023 Judge: BROMWICH J |
70. BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101
| PRACTICE AND PROCEDURE - Appeal from interlocutory orders to strike out parts of the appellant's amended statement of claim - where summary judgment was given in favour of the respondent in respect of the causes of action arising from those |
| Date: 29 Jun 2023 Judge: RANGIAH, BROMWICH AND CHEESEMAN JJ |
71. COE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 669
| MIGRATION - appeal from the Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, affirming a decision of the Immigration Assessment Authority not to grant a Safe Haven Enterprise Visa - where the |
| Date: 20 Jun 2023 Judge: BROMWICH J |
72. Al-Dmoor v Minister for Immigration Citizenship and Multicultural Affairs [2023] FCA 663
| MIGRATION: appeal from orders made by a judge of the (former) Federal Circuit Court of Australia, dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed a decision of the |
| Date: 16 Jun 2023 Judge: BROMWICH J |
73. JMC Pty Ltd v Commissioner of Taxation (Costs) [2023] FCAFC 95
| COSTS - application for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth) - whether appellant entitled to indemnity costs following rejected offer of compromise in trial proceeding - whether refusal of offer was unreasonable - |
| Date: 16 Jun 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
74. Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88
| COSTS - question of costs reserved after appeal proceedings - where costs of proceedings before the Federal Circuit and Family Court of Australia (Division 2) are to be determined due to a costs order being set aside for clarity reasons - whether |
| Date: 7 Jun 2023 Judge: BROMWICH, CHEESEMAN, MCEVOY JJ |
75. Sage v CFT22 (No 2) [2023] FCA 594
| CONTEMPT - re-sentencing - where the respondent was found guilty of contempt of the Australian Crime Commission by reason of his refusal or failure to take an oath or affirmation - where a delayed indeterminate sentence was originally imposed, to |
| Date: 5 Jun 2023 Judge: BROMWICH J |
76. Do v Kolsumdet Pty Ltd [2023] FCA 592
| PRACTICE AND PROCEDURE - application for recusal - application made in relation to hearing of defamation proceedings where applicants seeking for proceedings to be reallocated to another judge of the Federal Court of Australia - principles on |
| Date: 2 Jun 2023 Judge: BROMWICH J |
77. Tickle v Giggle For Girls Pty Ltd [2023] FCA 553
| HUMAN RIGHTS - gender discrimination - where the applicant alleges unlawful discrimination in breach of s 22 of the Sex Discrimination Act 1984 (Cth) (SD Act) on the basis of gender identity within the meaning of s 5B of the SD Act - where the |
| Date: 1 Jun 2023 Judge: BROMWICH J |
78. Webb v Commonwealth of Australia (No 3) [2023] FCA 558
| PRACTICE AND PROCEDURE: application for extension of time and leave to appeal from interlocutory orders by a judge of this Court, pursuant to rule 35.14 of the Federal Court Rules 2011 (Cth) - where the applicant brought proceedings against the |
| Date: 30 May 2023 Judge: BROMWICH J |
79. JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76
| CONTRACTS - whether contract between lecturer and education provider was one of employment or independent contractor - whether lecturer fell within ordinary or extended meaning of employee pursuant to the Superannuation Guarantee (Administration) |
| Date: 23 May 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
80. Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 451
| MIGRATION - where the mandatory cancellation of the applicant's visa was not revoked by a delegate of the Minister - where the Administrative Appeals Tribunal found that the applicant filed his merits review application out of time - whether |
| Date: 11 May 2023 Judge: BROMWICH J |
| 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 |
82. Pauga v Chief Executive of Queensland Corrective Services [2023] FCAFC 58
| EXTRADITION - unsuccessful application for a writ of habeas corpus - whether the primary judge erred in finding that 'brought as soon as practicable before' under s 15(1) of the Extradition Act 1988 (Cth) requires physical attendance of person |
| Date: 13 Apr 2023 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
83. AHS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 316
| MIGRATION - appeal from a decision of the Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, dismissing an application for judicial review of a decision of the Immigration Assessment Authority |
| Date: 5 Apr 2023 Judge: BROMWICH J |
84. BQU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 311
| MIGRATION - appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Immigration Assessment |
| Date: 4 Apr 2023 Judge: BROMWICH J |
85. Kimber v Clark in his capacity as trustee of the property of Kimber [2023] FCA 310
| PRACTICE AND PROCEDURE - interlocutory application for stay of writ of possession and notice to vacate - where applicant has filed an application for annulment of bankruptcy - where the applicant did not establish that she has any arguable prospect |
| Date: 31 Mar 2023 Judge: BROMWICH J |
86. Fogarty v Jakovac (No 2) [2023] FCA 234
| CRIMINAL LAW - election pursuant to s 104.12A of the Criminal Code (Cth) to confirm an interim control order made against the respondent under s 104.4 of the Criminal Code - where the respondent has been convicted of an offence relating to terrorism |
| Date: 16 Mar 2023 Judge: BROMWICH 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 |
88. Director-General of Security v Plaintiff S111A/2018 [2023] FCAFC 33
| MIGRATION - where the primary judge set aside two adverse security assessments (ASAs) of the respondent - where the respondent's visa was refused as a consequence of the ASA decisions - whether the use of information by the executive that is likely |
| Date: 9 Mar 2023 Judge: WIGNEY, BROMWICH AND O'CALLAGHAN JJ |
89. Hyder v Commissioner of Taxation [2023] FCAFC 29
| TAXATION - declarations and writ of prohibition sought against the Commissioner of Taxation pursuant to s 39B of the Judiciary Act 1903 (Cth) - Commissioner's power to issue assessments to more than one taxpayer in respect of income from the same |
| Date: 8 Mar 2023 Judge: LOGAN, BROMWICH AND HESPE JJ |
90. Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 2) [2023] FCA 178
| PRACTICE AND PROCEDURE - interlocutory application seeking orders to vacate a sentence hearing on four charges of contempt of court for which guilty pleas have been entered - where the basis of the application is an asserted incapacity of a deponent |
| Date: 2 Mar 2023 Judge: BROMWICH J |
91. Oraha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 21
| MIGRATION - Appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Administrative Appeals |
| Date: 2 Mar 2023 Judge: YATES, BROMWICH AND HESPE JJ |
92. EPE19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 170
| MIGRATION - application for leave to appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the |
| Date: 1 Mar 2023 Judge: BROMWICH J |
93. Rana v Australian Information Commissioner [2023] FCAFC 17
| ADMINISTRATIVE LAW - appeal from orders by a single judge of the Court dismissing an application for judicial review of a decision by the delegate of the Australian Information Commissioner not to investigate a complaint by the appellant pursuant to |
| Date: 23 Feb 2023 Judge: BROMWICH, CHARLESWORTH AND ABRAHAM JJ |
94. Burston v Hanson (No 2) [2023] FCA 113
| COSTS - where question of costs arises from a dispute following verdict and judgment in favour of the applicant on one out of three publications sued upon - where respondent seeks no orders as to costs asserting equal level of success and that the |
| Date: 22 Feb 2023 Judge: BROMWICH J |
95. Hanson v Burston (No 2) [2023] FCA 41
| COSTS - where question of costs arises from an interlocutory application brought by the respondent for strike out and/or summary dismissal of the applicant's Originating Application and Amended Points of Claim - where the respondent received partial |
| Date: 3 Feb 2023 Judge: BROMWICH J |
96. Ayres, in the matter of Trigon Trading Pty Ltd (Administrators Appointed) [2023] FCA 28
| CORPORATIONS - application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meetings of creditors - Held: extension of convening period granted, as sought |
| Date: 19 Jan 2023 Judge: BROMWICH J |
97. Gill v HarperCollins Publishers Australia Pty Ltd [2022] FCA 1533
| DEFAMATION - applicant sought to have certain particulars in respondents' amended defence struck out or pleaded with further specificity - whether some impugned pleadings are too vague, imprecise or ambiguous - whether some pleading particulars are |
| Date: 16 Dec 2022 Judge: BROMWICH J |
| CORPORATIONS - application for declaratory relief and pecuniary penalties for contravening conduct - where defendant administered registered debt agreements under Part IX of the Bankruptcy Act 1966 (Cth) - where defendant engaged in conduct in |
| Date: 16 Dec 2022 Judge: BROMWICH J |
99. DCL22 v Sage [2022] FCAFC 196
| ADMINISTRATIVE LAW - application for judicial review of summons issued under s 28 of the Australian Crime Commission Act 2002 (Cth) PRACTICE AND PROCEDURE - public interest immunity - application for leave to appeal from orders of the primary judge |
| Date: 7 Dec 2022 Judge: ALLSOP CJ, WIGNEY AND BROMWICH JJ |
100. DTO21 v Australian Crime Commission [2022] FCAFC 190
| CONTEMPT OF COURT - refusal by appellant to answer certain questions in Australian Crime Commission examination - refusal constituted contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 12 months' |
| Date: 30 Nov 2022 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
