Browse Federal Court JudgmentsBy Judge - Burley J |
Results
(Burley
J)
: 392
| Fully matching documents |
1. Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53
| ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the |
| Date: 29 Apr 2025 Judge: BURLEY, SARAH C DERRINGTON AND |
2. Charlie v State of Queensland [2025] FCAFC 55
| NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous |
| Date: 17 Apr 2025 Judge: PERRY, BURLEY AND SARAH C DERRINGTON JJ |
3. EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd [2025] FCA 328
| COPYRIGHT – default judgment – applicants failure to appear – claim for wrongful threats of copyright infringement – consideration of Federal Court Rules 2011 (Cth) (FCR) r 5.23(1) – default judgment granted – claim dismissed COPYRIGHT |
| Date: 8 Apr 2025 Judge: BURLEY J |
4. Lloyds Auctioneers & Valuers Pty Limited v Benson [2025] FCA 324
| PRACTICE AND PROCEDURE – application to appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) (General Family Law) refusing extension of time to file evidence – whether prejudice would be suffered by applicant by |
| Date: 27 Mar 2025 Judge: BURLEY J |
| COSTS – costs of interlocutory application – costs reserved after hearing – whether interlocutory application was dominant reason for vacation of final hearing dates – effect of delay in making interlocutory application – each party to |
| Date: 19 Mar 2025 Judge: BURLEY J |
6. Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
| PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical |
| Date: 19 Mar 2025 Judge: BURLEY, ROFE AND DOWNES JJ |
7. Dass v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 63
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - application filed 50 days out of time - application for extension of time sought - delayed legal representation and receipt of Tribunal's reasons - |
| Date: 7 Feb 2025 Judge: BURLEY J |
8. Aristocrat Technologies Australia Pty Ltd v Light & Wonder, Inc. (No 2) [2025] FCA 64
| INTERLOCUTORY INJUNCTIONS – confidential information – serious question to be tried – undertakings not to disclose or use impugned devices given – whether additional mandatory orders affecting third parties warranted – whether joinder of |
| Date: 7 Feb 2025 Judge: BURLEY J |
9. Australian Securities and Investments Commission v Macleod [2024] FCAFC 174
| PRIVILEGE - legal professional privilege - third party report - investigation into accounting issues - whether report was created for the dominant purpose of providing legal advice PRIVILEGE - waiver - implied waiver - whether voluntary disclosure |
| Date: 20 Dec 2024 Judge: BURLEY, ANDERSON AND MEAGHER JJ |
10. Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 4) [2024] FCA 1458
| NATIVE TITLE - parties - application for removal of 55 Indigenous respondents - respondents removed NATIVE TITLE - claim to hold native title rights and interests - whether asserted native title interest affected by determination - whether interest |
| Date: 16 Dec 2024 Judge: BURLEY J |
11. Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163
| MIGRATION - whether Tribunal had made an implied determination pursuant to Direction 90 about whether non-revocation of visa cancellation was in the best interests of minor children - determination found to have been made - notice of contention |
| Date: 13 Dec 2024 Judge: BURLEY, MCEVOY and NEEDHAM JJ |
| PRACTICE AND PROCEDURE - service overseas - application for leave to serve orders for production on overseas company - whether violation of principle of international comity - nations parties to Convention on the Service Abroad of Judicial and |
| Date: 22 Nov 2024 Judge: BURLEY J |
13. Killer Queen, LLC v Taylor [2024] FCAFC 149
| TRADE MARKS - infringement of registered trade mark established - where registered trade mark is a name - joint tortfeasance - principles discussed TRADE MARKS - specification of registered goods - meaning of "clothes" - role of the Nice Agreement |
| Date: 22 Nov 2024 Judge: YATES, BURLEY AND ROFE JJ |
14. Cytec Industries Inc. v Nalco Company (No 4) [2024] FCA 1318
| PATENTS - application to amend patent application following determination of appeal under s 60(4) of the Patents Act 1990 (Cth) - whether proposed amendments allowable under s 102 of the Patents Act - application refused PATENTS - whether proposed |
| Date: 15 Nov 2024 Judge: BURLEY J |
| CONSTITUTIONAL LAW - judicial power of the Commonwealth - whether s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) is valid in its application to the appellant - where Minister revoked appellant's Australian citizenship following his |
| Date: 14 Nov 2024 Judge: BURLEY, O'CALLAGHAN AND HORAN JJ |
16. Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 5) [2024] FCA 1268
| PRACTICE AND PROCEDURE - application for stay of hearing regarding adoption of a Referee's report pending relevant decision of the High Court of Australia - granting of the stay not favoured by the balance of convenience - stay declined |
| Date: 30 Oct 2024 Judge: BURLEY J |
| MIGRATION - appeal from judgment of the Federal Circuit and Family Court of Australia - whether the Migration Act 1958 (Cth) requires litigation guardians for minors in judicial review - whether family members can represent themselves and other |
| Date: 23 Oct 2024 Judge: BURLEY J |
18. Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
| PATENTS - whether skilled person could be reasonably expected to have ascertained international patent publication - where patent database would have been one of the databases searched by person skilled in the art - where expert provided with search |
| Date: 23 Oct 2024 Judge: YATES, BURLEY AND DOWNES JJ |
19. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
| COSTS - application for variation to costs orders - appropriate order as to costs - where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge - where respondent's validity |
| Date: 11 Jul 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
20. Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2024] FCA 675
| PRACTICE AND PROCEDURE - interlocutory application seeking decisions of primary judge be set aside on the basis of apprehended bias and procedural unfairness - where applicants allege apprehended bias on the basis of alleged "secret meeting" |
| Date: 21 Jun 2024 Judge: BURLEY J |
21. Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 4) [2024] FCA 678
| PATENTS - discovery - whether "fishing" - excessive prior art permutations under s 7(3) of the Patents Act 1900 (Cth) - relevance of inventor's notes to inventive step - discovery not granted. PATENTS - discovery - best method under s 40(2) of the |
| Date: 18 Jun 2024 Judge: BURLEY J |
22. Elanco Australasia Pty Ltd v Abbey Laboratories Pty Ltd [2024] FCA 640
| PATENTS - appeal from decisions of a Delegate of the Commissioner of Patents refusing grant of patent following amendment - patent for ectoparasitic treatment method and composition - validity - lack of inventive step - s 7(3) of the Patents Act |
| Date: 14 Jun 2024 Judge: BURLEY J |
23. Cargill, Incorporated v Cargill Financial Services International Pty Ltd [2024] FCA 604
| TRADE MARKS - infringement - Trade Marks Act 1995 (Cth) s 120 - use of name as a mark - use of deceptively similar mark - infringement established. TRADE MARKS - application for final relief - application for relief where respondents rogue agents - |
| Date: 4 Jun 2024 Judge: BURLEY J |
24. Seven Network (Operations) Limited v 7-Eleven Inc [2024] FCAFC 65
| TRADE MARKS - non-use - Trade Marks Act 1995 (Cth) s 92(4)(b) - whether primary judge erred in finding that registered trade mark owner had not established use during relevant period - use in relation to particular goods and services alleged to have |
| Date: 27 May 2024 Judge: BURLEY, JACKSON AND DOWNES JJ |
| PATENTS - form of orders following hearing of appeal -whether injunctions granted by trial judge should be set aside - utility of injunctions - patents lapsed on day of hearing of appeal - application for extension of time filed to pay renewal fees - |
| Date: 1 May 2024 Judge: BURLEY, JACKSON AND DOWNES JJ |
26. FJS18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 433
| COSTS - appeal from orders awarding costs fixed by reference to the scale in Division 1 of Part 2 of Schedule 2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) - whether "good reason" required |
| Date: 30 Apr 2024 Judge: BURLEY J |
27. Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 4) [2024] FCA 362
| COSTS - revision of costs order of the first instance proceedings in light of remittal decision - discretion as to costs - costs to follow the event |
| Date: 12 Apr 2024 Judge: BURLEY J |
28. Australian News Channel Pty Ltd v Isentia Pty Limited [2024] FCA 363
| COPYRIGHT - statutory construction - section 183(1) of the Copyright Act 1968 (Cth) - meaning of "for the services of the Commonwealth or State" - whether provision of media monitoring services to government clients within s 183(1) - application |
| Date: 12 Apr 2024 Judge: BURLEY J |
29. Hanwha Solutions Corporation v REC Solar Pte Ltd (No 2) [2024] FCA 336
| COSTS - discretion as to costs - whether to treat infringement claim and validity cross-claim as separate events - where infringement claim failed and cross-claim partially successful - discount for alternative and unnecessary defences to |
| Date: 9 Apr 2024 Judge: BURLEY J |
30. BIM21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 307
| MIGRATION - application for extension of time and leave to appeal from a decision of the Federal Circuit and Family Court of Australia (FCFCOA) - FCFCOA judge conducted a de novo review of a decision of a Registrar to summarily dismiss an |
| Date: 28 Mar 2024 Judge: BURLEY J |
31. McD Asia Pacific LLC v Hungry Jack's Pty Ltd (No 2) [2024] FCA 299
| COSTS - discretion as to costs - consideration and determination of percentages - lump sum costs orders made pursuant to r 40.02(b) of the Federal Court Rule 2011 (Cth) - if not agreed, amounts to be determined by a Registrar of the Court |
| Date: 27 Mar 2024 Judge: BURLEY J |
32. MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38
| PATENTS - construction of patent - invention of tooth construction for a mineral sizer - meaning of "front cover which is weldingly secured to and seated in face to face contact with the front face of the support body" - where primary judge rejected |
| Date: 19 Mar 2024 Judge: YATES, BURLEY AND JACKMAN JJ |
33. Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227
| COSTS - application for costs of interlocutory applications - where respondents substantially successful - whether discretion to award party and party costs under s 570 of the Fair Work Act 2009 (Cth) enlivened - whether applicants acted |
| Date: 13 Mar 2024 Judge: BURLEY J |
34. Dodd on behalf of the Middamia Native Title Claim Group v State of Western Australia [2024] FCA 214
| NATIVE TITLE - consent determination of native title - agreement of the parties - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders |
| Date: 11 Mar 2024 Judge: BURLEY J |
35. Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212
| PATENTS - operation of 23(2)(a) of the Judiciary Act 1903 (Cth) - split decision of the High Court of Australia - where decision of the Full Court of the Federal Court of Australia affirmed - approach to be taken by single judge on remitter - |
| Date: 8 Mar 2024 Judge: BURLEY J |
36. Dungog Shire Council v Attorney General of New South Wales [2024] FCA 166
| NATIVE TITLE - non-claimant application for determination of native title - whether local council has power to bring application under s 61(1) of the Native Title Act 1993 (Cth). NATIVE TITLE - non-claimant application for determination of native |
| Date: 1 Mar 2024 Judge: BURLEY J |
37. ATC21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 192
| MIGRATION - application for extension of time and leave to appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for review of a decision of a Registrar to summarily dismiss an application for review |
| Date: 28 Feb 2024 Judge: BURLEY J |
38. Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
| CONTRACTS - construction - scope of releases in settlement agreement - prima facie canon of construction -whether releases apply to proceeding TRADE MARKS - infringement - trap viewing - extra-territorial application of s 120(1) of the Trade Marks |
| Date: 23 Feb 2024 Judge: PERRAM, NICHOLAS, BURLEY, ROFE AND DOWNES JJ |
39. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10
| TRADE MARKS - non-use - Trade Marks Act 1995 (Cth) s 92(4)(b) - shape trade mark - whether alleged use is use as a trade mark - relevant principles applicable to non-traditional trade marks - consideration of difference between test for whether one |
| Date: 16 Feb 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| PATENTS - infringement - construction of claims -whether the primary judge erred in finding that there is ambiguity in the claim language - error shown PATENTS - best method - s 40(2)(a) Patents Act 1990 (Cth) - whether failure by patentee to |
| Date: 9 Feb 2024 Judge: BURLEY, JACKSON AND DOWNES JJ |
41. Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202
| CONSUMER LAW - misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law - representations to customers and other industry participants that supply of competitor's product would infringe author's patent - where |
| Date: 19 Dec 2023 Judge: NICHOLAS, BURLEY AND ROFE JJ |
42. Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the AAT application for merits review of the Minister's |
| Date: 11 Dec 2023 Judge: BURLEY, LEE AND RAPER JJ |
43. Director, Professional Services Review v Yoong [2023] FCA 1525
| ADMINISTRATIVE LAW - Health Insurance Act 1973 (Cth) (HIA) - appeal - whether review of professional services be suspended until final determination of the proceeding pursuant to s 94(2) of the HIA - application granted. |
| Date: 5 Dec 2023 Judge: BURLEY J |
| MIGRATION - application for leave to appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the |
| Date: 1 Dec 2023 Judge: BURLEY J |
45. Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd (No 3) [2023] FCA 1518
| PRACTICE AND PROCEDURE - interlocutory application seeking a stay of orders for the release of money paid into Court pending the determination of an appeal in the proceedings - where an oral application for a stay already made before the primary |
| Date: 30 Nov 2023 Judge: BURLEY J |
46. EQJ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1476
| MIGRATION - application for leave to appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the |
| Date: 28 Nov 2023 Judge: BURLEY J |
47. CWO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1425
| MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing an application for judicial review of Administrative Appeals Tribunal decision affirming the decision of a delegate of the Minister to refuse to grant the appellants |
| Date: 17 Nov 2023 Judge: BURLEY J |
48. McD Asia Pacific LLC v Hungry Jack's Pty Ltd [2023] FCA 1412
| TRADE MARKS - infringement - Trade Marks Act 1995 (Cth) s 120 - deceptive similarity - consideration of intention to mislead or deceive - infringement not established. TRADE MARKS - application for cancellation of trade mark registration - Trade |
| Date: 16 Nov 2023 Judge: BURLEY J |
49. DYL16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1378
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where appellants did not appear - appeal dismissed |
| Date: 8 Nov 2023 Judge: BURLEY J |
50. Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175
| TRADE MARKS - where appellant's trade mark registered in respect of services comprising (inter alia) issuing halal certifications to businesses and individuals for goods and services if religious and technical requirements are met ("the registered |
| Date: 2 Nov 2023 Judge: NICHOLAS, BURLEY AND CHEESEMAN JJ |
51. Gosling v State of New South Wales [2023] FCA 1213
| BANKRUPTCY - application by co-owner of real property under s 133(9) of the Bankruptcy Act that the one-half share registered in the name of the State of New South Wales vest in the applicant - where the share the subject of the application |
| Date: 9 Oct 2023 Judge: BURLEY J |
52. Roadshow Films Pty Limited v Telstra Corporation Limited (Extension of Orders) [2023] FCA 1167
| COPYRIGHT - section 115A of the Copyright Act 1968 (Cth) - extension of injunction requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright - joinder of |
| Date: 29 Sep 2023 Judge: BURLEY J |
53. Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158
| PATENTS - construction - whether the primary judge erred in construction of "downhole equipment" and "downhole gathering data system" as excluding equipment for use in holes drilled for oil and gas exploration and production and wireline telemetry |
| Date: 29 Sep 2023 Judge: MOSHINSKY, BURLEY AND KENNETT JJ |
54. Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017
| PATENTS - patent for method for manufacturing a solar cell with a surface-passivating dielectric double layer, and corresponding solar cell - infringement - validity - claim construction PATENTS - infringement - construction of method and product |
| Date: 29 Aug 2023 Judge: BURLEY J |
| ADMINISTRATIVE LAW - Citizenship - appeal from declaration of primary judge of this Court - where primary judge declared that Australian-born child of foreign nationals had been an Australian citizen since his 10th birthday by reason of s 12(1)(b) |
| Date: 15 Aug 2023 Judge: LOGAN, BURLEY AND MCEVOY JJ |
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister to refuse |
| Date: 2 Aug 2023 Judge: BURLEY J |
57. Alzheimer's Association of Queensland Inc v Nabelsy [2023] FCA 851
| PRACTICE AND PROCEDURE - inspection of personal computer - balancing considerations - intrusive orders sought - speculative case - undertakings offered - application dismissed. PRACTICE AND PROCEDURE - application pursuant to r 8.21 of the Federal |
| Date: 26 Jul 2023 Judge: BURLEY J |
58. Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569
| INDUSTRIAL LAW - conduct said to be in breach of various terms of the Fair Work Act 2009 (Cth) - alleged steps taken by the respondents in issuing directions that employees receive vaccinations to inoculate them against COVID-19 and subsequent |
| Date: 5 Jun 2023 Judge: BURLEY J |
59. Gutierrez v MUR Shipping Australia Pty Limited (No 2) [2023] FCA 567
| DAMAGES - assessment of damages for economic loss - damages for economic loss awarded |
| Date: 1 Jun 2023 Judge: BURLEY J |
| MIGRATION - application for leave to appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the |
| Date: 31 May 2023 Judge: BURLEY J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant |
| Date: 26 May 2023 Judge: BURLEY J |
62. Shekhar v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 522
| MIGRATION - application for leave to appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the |
| Date: 18 May 2023 Judge: BURLEY J |
63. Gutierrez v MUR Shipping Australia Pty Limited [2023] FCA 399
| HUMAN RIGHTS - discrimination - age discrimination in employment - appeal from Federal Circuit Court and Family Court - where appellant was treated less favourably in his employment because of his age in relation to continuing in his role or |
| Date: 4 May 2023 Judge: BURLEY J |
| NATIVE TITLE - interlocutory application by related body corporate of existing respondent to be joined as respondent -discretion under s 84(5) of Native Title Act 1993 (Cth) - where related body corporate had come into possession of assets within |
| Date: 20 Apr 2023 Judge: BURLEY J |
65. Chatfield on behalf of the Gomeroi People v Attorney-General of New South Wales [2023] FCA 354
| NATIVE TITLE - application to be joined as a party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether applicant's interests may be affected by determination of native title - whether it is in the interests |
| Date: 20 Apr 2023 Judge: BURLEY J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to refuse to grant |
| Date: 20 Apr 2023 Judge: BURLEY J |
67. TCT Group Pty Ltd v Polaris IP Pty Ltd (No 2) [2023] FCA 284
| COSTS - where respondents refused an offer of compromise - whether judgment is more favourable than the terms of the offer for the purposes of FCR 25.14(3) - whether amount of costs incurred at time of judgment compared to time of offer relevant to |
| Date: 3 Apr 2023 Judge: BURLEY J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant |
| Date: 28 Mar 2023 Judge: BURLEY J |
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse |
| Date: 20 Mar 2023 Judge: BURLEY J |
70. Australian Competition and Consumer Commission v Booktopia Pty Ltd [2023] FCA 194
| CONSUMER LAW - civil penalties - misleading or deceptive conduct - false or misleading representations relating to notification requirements, returns and refunds and obligation to remedy - where the defendant admitted liability for contraventions - |
| Date: 10 Mar 2023 Judge: BURLEY J |
71. Barnes v Director of Professional Services Review [2023] FCA 129
| ADMINISTRATIVE LAW - judicial review - Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) - application for review of decision by the Director of Professional Services Review to establish a Professional |
| Date: 24 Feb 2023 Judge: BURLEY J |
| MIGRATION - application for extension of time to appeal from decision of Federal Court - where Federal Court dismissed application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed decision of delegate not to |
| Date: 23 Feb 2023 Judge: PERRAM, BURLEY AND DOWNES JJ |
73. Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144
| PRACTICE AND PROCEDURE - application for a stay of execution of certificates of taxation pending determination of appeal - where stay granted due in part to respondents' earlier inability to pay damages awarded - where stay granted dissolved upon |
| Date: 22 Feb 2023 Judge: BURLEY J |
74. BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 8
| COSTS - where the Minister succeeded on the event but where the applicants are minor children - where litigation guardian appointed - where the matter litigated raised questions of public importance |
| Date: 16 Feb 2023 Judge: ALLSOP CJ, BURLEY AND O'CALLAGHAN JJ |
75. Airco Fasteners Pty Ltd v Illinois Tool Works Inc [2023] FCAFC 7
| PATENTS - where invention claimed is a fuel cell for use in a combustion tool - construction of claims - role of expert evidence - meaning of "close proximity" - meaning of "opposite" - appeal dismissed |
| Date: 13 Feb 2023 Judge: RARES, MOSHINSKY AND BURLEY JJ |
76. Nottingham v Australian Financial Complaints Authority [2023] FCA 58
| ADMINISTRATIVE LAW - appeal from decision of the Australian Financial Complaints Authority - where superannuation member's election to maintain insurance cover not received by trustee of superannuation fund - whether Authority erred in law in |
| Date: 8 Feb 2023 Judge: BURLEY J |
77. Hickey v Australian Postal Corporation [2023] FCA 57
| ADMINISTRATIVE LAW - appeal from decision of the Administrative Appeals Tribunal affirming determination by the respondent that it has no present liability to continue paying the applicant compensation for back injury sustained at work in 1993 - |
| Date: 8 Feb 2023 Judge: BURLEY J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant |
| Date: 3 Feb 2023 Judge: BURLEY J |
| MIGRATION - judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) - whether Tribunal misconstrued meaning of 'independent and authoritative information' in |
| Date: 3 Feb 2023 Judge: BURLEY J |
80. BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 1
| MIGRATION - applications for an extension of time to serve appeals from orders of the then-Federal Circuit Court of Australia PRACTICE AND PROCEDURE - where applicants contend that they are not bound by the outcome of previous appeals by reason of |
| Date: 20 Jan 2023 Judge: ALLSOP CJ, BURLEY AND O'CALLAGHAN JJ |
81. Dahdah v Platinum Distributors Australia Pty Ltd (No 3) [2022] FCA 1553
| COSTS - application for costs pursuant to s 570 Fair Work Act 2009 (Cth) - where applicant found to have given untruthful evidence at trial - whether proceedings instituted without reasonable cause - relationship between s 570(2) and s 43(1)(b) |
| Date: 22 Dec 2022 Judge: BURLEY J |
82. Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2022] FCA 1555
| NATIVE TITLE - non-claimant application under the Native Title Act 1993 (Cth) - application by Local Aboriginal Land Council for declaration that native title does not exist in respect of certain land and waters in New South Wales - application made |
| Date: 22 Dec 2022 Judge: BURLEY J |
83. AAA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1541
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm the decision of a delegate of the Minister to refuse |
| Date: 19 Dec 2022 Judge: BURLEY J |
84. In-N-Out Burger, Inc v Rich Asians Pty Ltd [2022] FCA 1573
| PRACTICE AND PROCEDURE - undertaking given to the Court by the respondents - application under r 39.21 of the Federal Court Rules 2011 (Cth) where respondents have failed to fulfil undertaking |
| Date: 16 Dec 2022 Judge: BURLEY J |
85. TCT Group Pty Ltd v Polaris IP Pty Ltd [2022] FCA 1493
| PATENTS -innovation patents relating to hinges - infringement - validity - claim construction PATENTS - validity - priority - whether patents entitled to priority date of parent patent application or provisional application - priority date deferred |
| Date: 14 Dec 2022 Judge: BURLEY J |
| MIGRATION - appeal from judgment affirming decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke mandatory cancellation of a visa under s 501CA - whether Tribunal failed to apply Direction 90 in not |
| Date: 29 Nov 2022 Judge: BURLEY, THOMAS AND ABRAHAM JJ |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant |
| Date: 8 Nov 2022 Judge: BURLEY J |
88. SZJDS v Minister for Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1272
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeal Tribunal (Tribunal) to affirm the decision of a delegate of the Minister to refuse to |
| Date: 28 Oct 2022 Judge: BURLEY J |
89. Copyright Agency Limited v Isentia Pty Ltd [2022] FCAFC 163
| ADMINISTRATIVE LAW -- application for judicial review of Copyright Tribunal's grant of licences to reproduce newspaper articles licensed by collecting society -- market power of individual copyright owner not a prohibited consideration -- comparable |
| Date: 23 Sep 2022 Judge: JAGOT, BEACH AND BURLEY jJ |
90. Ixom Operations Pty Ltd v Blue One Shipping SA [2022] FCA 1101
| ADMIRALTY - demise charter - where owner not a party to contract of carriage evidenced by bill of lading - where extensions to limitation period on bringing a claim over contaminated cargo given to the consignee of the cargo by lawyers acting for |
| Date: 19 Sep 2022 Judge: BURLEY J |
91. Dunstan v Orr [2022] FCA 1589
| PRACTICE AND PROCEDURE - application seeking leave to appeal from decision of primary judge not to recuse himself from the proceedings on the grounds of actual and apprehended bias - application dismissed |
| Date: 16 Sep 2022 Judge: BURLEY J |
92. Murdock v Virgin Australia Airlines Pty Ltd [2022] FCA 1074
| PRACTICE AND PROCEDURE - application to restrain applicants from instructing third-party to correspond in relation to the proceedings on their behalf - where third-party is not a legal practitioner - where third-party sent a number of offensive and |
| Date: 9 Sep 2022 Judge: BURLEY J |
93. Mahommed v Cox as Administrator of the Deceased Estate of Dixon [2022] FCA 886
| BANKRUPTCY - whether an order should be made for the deceased's estate to be administered in bankruptcy pursuant to s 244 of the Bankruptcy Act 1966 (Cth) - whether debt owed by deceased to plaintiff at time of death - whether wording in a deed was |
| Date: 29 Jul 2022 Judge: BURLEY J |
| MIGRATION -- appeal from decision of Federal Court of Australia -- where primary judge dismissed application for judicial review of a decision of Administrative Appeals Tribunal not to revoke mandatory visa cancellation decision -- where appellant |
| Date: 22 Jul 2022 Judge: KATZMANN, CHARLESWORTH AND BURLEY JJ |
| MIGRATION - mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - where the appellant requested revocation of the cancellation decision - where a delegate of the respondent declined the request for revocation - where the |
| Date: 11 Jul 2022 Judge: FARRELL, MOSHINSKY AND BURLEY JJ |
| CORPORATIONS - financial services - false or misleading representation that financial services have sponsorship, approval, performance characteristics, uses or benefits - misleading conduct as to the nature, characteristics, suitability for purpose |
| Date: 20 Jun 2022 Judge: BURLEY J |
| MIGRATION - judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) - whether the tribunal erred in failing to consider the extent of the impediments that the |
| Date: 15 Jun 2022 Judge: BURLEY J |
98. James Speed Company Pty Ltd v State of Queensland [2022] FCA 626
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) - negative determination - whether within power and appropriate for Court to make orders sought - application allowed |
| Date: 30 May 2022 Judge: BURLEY J |
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) - whether Tribunal erred in placing "no weight" on psychological report - whether Tribunal erred by considering the cumulative best interest of |
| Date: 25 May 2022 Judge: BURLEY J |
| MIGRATION - application for review of Federal Circuit Court's decision to dismiss application for extension of time to review decision by Administrative Appeals Tribunal - notice of objection to competency - no jurisdiction to review primary judge's |
| Date: 23 May 2022 Judge: BURLEY J |
