Browse Federal Court JudgmentsBy Judge - Burley J |
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1. Richards v State of South Australia (Far West Coast Sea Claim) (No 2) [2026] FCAFC 128
| NATIVE TITLE – remittal of separate question concerning the persons holding the common or group rights comprising the native title – form of order to be made – remittal to the primary judge – whether further procedural orders should be made |
| Date: 18 Sep 2026 Judge: BURLEY, O'BRYAN AND LONGBOTTOM JJ |
2. Telix Pharmaceuticals (Innovations) Pty Ltd v Purdue Research Foundation [2026] FCA 1262
| PRACTICE AND PROCEDURE – interlocutory application costs – where interlocutory application and amended interlocutory application later abandoned and costs were incurred – costs claimed under IP-2 practice note and statement of costs filed – |
| Date: 28 Aug 2026 Judge: BURLEY J |
| PATENTS – patent relating to the large scale production of proteins and polypeptides in cell culture for a therapeutic use – infringement – validity PATENTS – infringement – construction of claims – meaning of “medium containing |
| Date: 27 Aug 2026 Judge: BURLEY J |
4. Wang v Minister for Immigration and Citizenship [2026] FCA 1205
| MIGRATION – leave to appeal from decision of Federal Circuit and Family Court – where previous decision dismissed application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister |
| Date: 25 Aug 2026 Judge: BURLEY J |
5. Minister for Immigration and Citizenship v GNHW [2026] FCAFC 107
| MIGRATION – appeal from decision of primary judge requiring Administrative Review Tribunal to rehear and determine application for review of decision from delegate of Minister for Immigration and Citizenship – where Administrative Review |
| Date: 25 Aug 2026 Judge: BURLEY, O’Bryan and Jackson JJ |
6. Commissioner of the Aged Care Quality and Safety Commission v Edwards [2026] FCA 1206
| INDUSTRIAL LAW – banning order – respondent knowingly breached – where respondent has not participated in proceedings to date – default judgment entered – declaration of contraventions made |
| Date: 20 Aug 2026 Judge: BURLEY J |
7. Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103
| COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side |
| Date: 19 Aug 2026 Judge: BURLEY, MOORE AND OWENS JJ |
8. Origin Net Pty Ltd v Origin Energy Limited (No 2) [2026] FCA 1121
| PRACTICE AND PROCEDURE – costs of interlocutory applications – where costs ordered to be payable forthwith – whether costs should be taxed or assessed as a lump sum – costs to be assessed on a lump sum basis |
| Date: 13 Aug 2026 Judge: BURLEY J |
9. Deputy Commissioner of Taxation v Global Management NSW Pty Ltd [2026] FCA 1109
| CORPORATIONS – interlocutory application to remove liquidators appointed or review decision of Registrar to appoint liquidators on the basis of a perceived conflict of interest – where liquidators act for several companies in a group with the |
| Date: 13 Aug 2026 Judge: BURLEY J |
10. Kimber v Clark in his capacity as trustee of the property of Kimber (No 4) [2026] FCA 997
| COSTS – costs orders made by Full Court for assessment of costs on party and party basis – whether costs amount is fair and reasonable in circumstances involving uplift of costs if respondent successful in primary proceedings – where |
| Date: 30 Jul 2026 Judge: BURLEY J |
11. Richards v State of South Australia (Far West Coast Sea Claim) [2026] FCAFC 97
| NATIVE TITLE – application for determination of native title over an area of sea – sea claim area abuts land in respect of which there is an existing determination of native title – legal effect of the land determination in separate proceeding |
| Date: 29 Jul 2026 Judge: BURLEY, O'BRYAN AND LONGBOTTOM JJ |
12. LWU25 v Minister for Immigration and Citizenship [2026] FCA 973
| MIGRATION – interlocutory application by applicant to prevent removal to Nauru – applicant NZYQ affected person – proceedings held in abeyance until TCXM determined – submissions by applicant as to personal circumstances rather than matters |
| Date: 23 Jul 2026 Judge: BURLEY J |
13. Universal City Studios Productions LLLP v Telstra Limited (No 2) [2026] FCA 983
| COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – application for orders requiring internet service providers to block access in Australia to target online locations – where target online locations infringe or facilitate infringement |
| Date: 22 Jul 2026 Judge: BURLEY J |
| NATIVE TITLE – consent determination of native title – where parties have agreed as to native title – requirements under s 87 of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders as to native title |
| Date: 7 Jul 2026 Judge: BURLEY J |
15. Dann v Chief Executive Officer (Housing) (Northern Territory) [2026] FCA 840
| PRACTICE AND PROCEDURE – application for leave to appeal – representative proceedings – bifurcation of trial – orders of primary judge relating to trial preparation and timetabling for further hearing – whether misapprehension of fact – |
| Date: 2 Jul 2026 Judge: BURLEY J |
16. EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 4) [2026] FCA 805
| PRACTICE AND PROCEDURE – rule 39.05(a) of the Federal Court Rules 2011 (Cth) – application to set aside default judgment – where applicant failed to file a Notice of address for service after his solicitors ceased acting for him – where |
| Date: 25 Jun 2026 Judge: BURLEY J |
17. FDB20 v Minister for Immigration and Citizenship [2026] FCA 786
| MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal – where applicant’s visa was subject to mandatory cancellation pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where delegate of the |
| Date: 23 Jun 2026 Judge: BURLEY J |
18. Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791
| TRADE MARKS – section 177 of the Trade Marks Act 1995 (Cth) – application for word PISCO to be registered as a certification mark – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether |
| Date: 23 Jun 2026 Judge: BURLEY J |
19. Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2026] FCA 757
| PRACTICE AND PROCEDURE – where costs quantum proceedings referred to docket judge – where costs respondent seeks production of documents by costs applicant – production of source material verifying costs and disbursements claimed in costs |
| Date: 17 Jun 2026 Judge: BURLEY J |
20. Universal Music Australia Pty Limited v TPG Internet Pty Ltd (No 2) [2026] FCA 731
| 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 – |
| Date: 12 Jun 2026 Judge: BURLEY J |
21. Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCA 585
| NATIVE TITLE – compensation for the grant of 36 leases and licences (FMG tenements) granted under the Mining Act WA 1978 (WA) – future acts within s 24MD of the Native Title Act 1993 (Cth) – land the subject of the leases and licences |
| Date: 12 May 2026 Judge: BURLEY J |
22. Origin Net Pty Ltd v Origin Energy Limited [2026] FCA 391
| PRACTICE AND PROCEDURE – application for de novo review of a Judicial Registrar’s decision on discovery categories – where application seeks orders that the respondents give discovery in the form of different categories not before the Judicial |
| Date: 2 Apr 2026 Judge: BURLEY J |
23. Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2026] FCA 416
| PRACTICE AND PROCEDURE – referral of costs quantum proceedings to docket judge – admissibility of costs summary – order sought for production of trust account records – no application before the court – not appropriate to make further |
| Date: 23 Mar 2026 Judge: BURLEY J |
24. Staunton v Zahab [2026] FCA 308
| CRIMINAL LAW – control orders – application for interim control orders pursuant to s 104.4 of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth) – where respondent convicted of a terrorism offence – where respondent’s |
| Date: 23 Mar 2026 Judge: BURLEY J |
25. Secover Pty Ltd v Graham, in the matter of Graham [2026] FCA 260
| BANKRUPTCY – controlling trustee – application for leave under s 188(4) of the Bankruptcy Act 1966 (Cth) to authorise controlling trustee to call meeting of creditors under s 188(1) and present an amended personal insolvency agreement for |
| Date: 10 Mar 2026 Judge: BURLEY J |
| COSTS – Costs orders – Exercise of discretion – Principles for determining costs |
| Date: 10 Feb 2026 Judge: RANGIAH, BURLEY AND MEAGHER JJ |
27. CPC Patent Technologies Pty Ltd v Apple Pty Limited (No 2) [2025] FCA 1671
| COSTS – discretion as to costs – whether to treat infringement claim and validity cross-claim as separate events – where infringement claim failed and cross-claim largely dismissed – costs ordered separately for infringement and cross-claim |
| Date: 24 Dec 2025 Judge: BURLEY J |
28. Kambouris v Paule, in the matter of Paule [2025] FCA 1590
| BANKRUPTCY – controlling trustee – application under s 208 of the Bankruptcy Act 1966 (Cth) – orders releasing the property of the first respondent from the controlling trustee (second respondent) – meaning of “special circumstances” in |
| Date: 15 Dec 2025 Judge: BURLEY J |
29. Janssen Pharmaceutica NV v Juno Pharmaceuticals Pty Ltd [2025] FCA 1538
| PRACTICE AND PROCEDURE – patents – interlocutory injunction application – prime facie case – infringement – validity of patent – inventive step – false suggestion – balance of convenience – application granted PATENTS – |
| Date: 5 Dec 2025 Judge: BURLEY J |
30. Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161
| PATENTS – validity – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – whether primary judge erred in finding claims were invalid for failing to define the invention and lacking |
| Date: 1 Dec 2025 Judge: BURLEY, ROFE AND OWENS JJ |
31. Burrows v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1364
| MIGRATION – application for extension of time – where delay was explained by unsuccessful application for legal aid – where determining factor in grant of leave is prejudice to applicant if leave refused – where there is an arguable case for |
| Date: 10 Nov 2025 Judge: BURLEY J |
32. EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 3) [2025] FCA 1348
| COSTS – third-party costs application – exercise of discretion pursuant to s 43 of the Federal Court of Australia Act 1976 (Cth) (FCA Act) to award costs against a party’s solicitor – whether solicitors seen to have acted without authority |
| Date: 3 Nov 2025 Judge: BURLEY J |
33. Isuzu Australia Ltd v Directed Electronics OE Pty Ltd [2025] FCAFC 150
| APPEAL – application for leave to appeal – where leave sought to appeal from interlocutory orders – where orders are case management orders – where primary judge dismissed application for permanent stay of proceedings –where primary judge |
| Date: 24 Oct 2025 Judge: BURLEY, MCEVOY AND STELLIOS JJ |
| COSTS – whether indemnity costs payable for period after expiry of offer of compromise – where offer of compromise did not give reasons as to why it should be accepted – whether claimed novelty of the litigation affected whether it was |
| Date: 25 Sep 2025 Judge: BURLEY, JACKMAN, HORAN JJ |
| PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed |
| Date: 4 Sep 2025 Judge: BURLEY J |
36. Mukhtar v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1077
| MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – application for extension of time to file – 95 days late – explanation considered – merits of the substantive application poor –application |
| Date: 28 Aug 2025 Judge: BURLEY J |
37. Horton Asset Pty Ltd v HMSY Group Pty Ltd, in the matter of HMSY Group Pty Ltd [2025] FCA 1051
| BANKRUPTCY AND INSOLVENCY – where defendant company entered into a Deed of Company Arrangement (DOCA) – where majority of creditors are related entities of the defendant company – where plaintiff company seeks orders pursuant to s 445D of the |
| Date: 27 Aug 2025 Judge: BURLEY J |
38. Fanatics, LLC v FanFirm Pty Limited (Final Orders) [2025] FCAFC 112
| APPEAL AND NEW TRIAL – form of orders following appeal – where appellant was partially successful – where costs orders made previously |
| Date: 26 Aug 2025 Judge: BURLEY, JACKSON AND DOWNES JJ |
39. McEwan v Official Trustee in Bankruptcy [2025] FCA 978
| PRACTICE AND PROCEDURE – Part VAA of the Federal Court of Australia Act 1976 (Cth) – suppression and non-publication orders – application for temporary non-publication order over judgment pending determination of appeal – where appellant |
| Date: 15 Aug 2025 Judge: BURLEY J |
40. The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104
| TRUSTS AND TRUSTEES – whether constructive trust should be imposed over copyright in video images obtained and created through trespass – discussion of legal principles – where circumstances involving invasion of legal or equitable rights of |
| Date: 13 Aug 2025 Judge: BURLEY, JACKMAN, HORAN JJ |
41. Fanatics, LLC v FanFirm Pty Limited (Costs) [2025] FCAFC 111
| COSTS – whether appropriate to apportion costs according to mixed success – whether costs should follow the event |
| Date: 11 Aug 2025 Judge: BURLEY, JACKSON AND DOWNES JJ |
| MIGRATION – Public interest criterion (PIC) 4003(b) of the Migration Regulations 1994 (Cth) – Where cl 500.217 of the Regulations requires satisfaction of PIC 4003(b) – Whether PIC 4003(b) repugnant to the Migration Act 1958 (Cth) and |
| Date: 11 Aug 2025 Judge: RANGIAH, BURLEY AND MEAGHER JJ |
43. Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 770
| COSTS – application to waive fees for setting down and hearing a proceeding pursuant to Sch 1 of the Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) – scope of the discretion to waive fees under reg 2.03(1) of the |
| Date: 11 Jul 2025 Judge: BURLEY J |
44. Fanatics, LLC v FanFirm Pty Limited [2025] FCAFC 87
| TRADE MARKS – infringement – s 120 of the Trade Marks Act 1995 (Cth) – use as a trade mark – whether use on information labels is use as a trade mark – whether use on a website is use in relation to goods or use in relation to online |
| Date: 9 Jul 2025 Judge: BURLEY, JACKSON AND DOWNES JJ |
45. Aristocrat Technologies Australia Pty Limited v Light & Wonder, Inc. (No 3) [2025] FCA 775
| PRACTICE AND PROCEDURE – r 30.01 of the Federal Court Rules 2011 (Cth) – whether appropriate to make orders for separate determination of issues of liability and quantum – where close relationship between pecuniary and non-pecuniary relief |
| Date: 7 Jul 2025 Judge: BURLEY J |
| MIGRATION – decision by the Immigration Assessment Authority under repealed Pt 7AA of the Migration Act 1958 (Cth) – appeal from judicial review of Authority’s decision by the Federal Circuit and Family Court of Australia (Division 2) (General |
| Date: 2 Jul 2025 Judge: BURLEY J |
47. BTLD v Minister for Immigration and Multicultural Affairs [2025] FCA 600
| MIGRATION – application for judicial review of decision of the Minister for Immigration and Multicultural Affairs made under s 501BA(2) of the Migration Act 1958 (Cth) – application dismissed MIGRATION – whether the Minister erred by not |
| Date: 6 Jun 2025 Judge: BURLEY J |
48. Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 575
| COSTS – where applicant seeks leave to file notice of discontinuance under r 26.12(2)(c) of the Federal Court Rules 2011 (Cth) – where applicant seeks order varying r 26.12(7) that there be no order as to costs – whether delay by the Minister |
| Date: 4 Jun 2025 Judge: BURLEY J |
49. FPM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 550
| MIGRATION – decision by the Immigration Assessment Authority under repealed Pt 7AA of the Migration Act 1958 (Cth) – appeal from judicial review of Authority decision by the Federal Circuit and Family Court of Australia (Division 2) (General |
| Date: 27 May 2025 Judge: BURLEY J |
50. CPC Patent Technologies Pty Ltd v Apple Pty Limited [2025] FCA 489
| PATENTS – patents for secure access systems – claim construction – infringement – validity PATENTS – construction of the asserted claims – construction of seven contested integers PATENTS – infringement – where the impugned devices |
| Date: 15 May 2025 Judge: BURLEY J |
51. EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 2) [2025] FCA 476
| PRACTICE AND PROCEDURE – application by party to vary default judgment – Federal Court Rules 2011 (Cth) r 39.05 |
| Date: 14 May 2025 Judge: BURLEY J |
52. 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 O'SULLIVAN JJ |
53. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
64. 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 |
65. 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 |
67. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
92. 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 |
93. 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 |
94. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
