Browse Federal Court JudgmentsBy Judge - Burley J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
23. 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 |
24. 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 |
25. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
44. 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 |
45. 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 |
47. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
72. 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 |
73. 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 |
74. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
88. 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 |
89. 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 |
90. 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 |
93. 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 |
94. 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 |
96. 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 |
98. 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 |
