Browse Federal Court JudgmentsBy Judge - Button J |
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1. New Aim Pty Ltd v Leung (Costs) [2026] FCAFC 79
| COSTS – variation of costs orders made on appeal – no issue of principle |
| Date: 1 Jun 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
| CORPORATIONS – freezing orders – construction of r 7.35(5) of the Federal Court Rules 2011 (Cth) – third-party freezing orders made against trustees of discretionary trusts – where judgment debtor or prospective judgment debtor was |
| Date: 22 May 2026 Judge: Beach, Button and Younan JJ |
3. Challenor v QSuper Board [2026] FCA 617
| REPRESENTATIVE PROCEEDINGS – application for approval of settlement of representative proceeding – s 33V of the Federal Court of Australia Act 1976 (Cth) – principles relevant to settlement approval – whether proposed settlement fair and |
| Date: 21 May 2026 Judge: BUTTON J |
| SUPERANNUATION – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – fees for no service – where respondent continued to charge fees after successor fund transfer – whether charging of fees was a |
| Date: 21 May 2026 Judge: LEE, HESPE AND BUTTON JJ |
5. Frigger v Trenfield (Amendment application) [2026] FCA 588
| PRACTICE AND PROCEDURE – application for leave to amend – whether proposed amendments lack utility – whether amendments would expand the proceeding, re-litigate matters the subject of other proceedings or constitute an abuse of process – |
| Date: 12 May 2026 Judge: BUTTON J |
6. Lee v Chief of Australian Defence Force [2026] FCA 519
| ADMINISTRATIVE LAW – where the Applicant applies for an extension of time under r 31.02 of the Federal Court Rules 2011 (Cth) to review the decision of a delegate of the Respondent (Defence Force) to terminate his service pursuant to s 24(1)(c) of |
| Date: 29 Apr 2026 Judge: Button J |
7. CZT22 v Minister for Immigration and Citizenship [2026] FCA 499
| MIGRATION — appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal — where the Tribunal affirmed the decision |
| Date: 24 Apr 2026 Judge: BUTTON J |
8. New Aim Pty Ltd v Leung [2026] FCAFC 49
| CONTRACT – confidentiality – where the first respondent was employed by the appellant – where the employment contract contained a clause providing that the first respondent shall not misuse confidential information of the appellant – where |
| Date: 20 Apr 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
9. Kant v Chief Commissioner, Victoria Police [2026] FCA 430
| PRACTICE AND PROCEDURE – pleadings – application to summarily dismiss claims under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) or strike out statement of claim – whether |
| Date: 16 Apr 2026 Judge: BUTTON J |
10. BMO17 v Minister for Immigration and Citizenship [2026] FCA 382
| MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed the decision of a |
| Date: 7 Apr 2026 Judge: Button J |
11. Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2026] FCAFC 30
| TAXATION – appeal from the decision of the primary judge dismissing an appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) – where appellant claimed deduction for a loss under Div 230 of the Income Tax Assessment Act 1997 (Cth) |
| Date: 26 Mar 2026 Judge: MOSHINSKY, HESPE AND BUTTON JJ |
12. ABC18 v Minister for Immigration and Citizenship [2026] FCA 274
| MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed the decision of a |
| Date: 20 Mar 2026 Judge: BUTTON J |
13. Janssen v OnePath Custodians Pty Ltd (No 2) [2026] FCA 291
| REPRESENTATIVE PROCEEDINGS – application for approval of settlement of representative proceedings – s 33V of the Federal Court of Australia Act 1976 (Cth) – principles relevant to settlement approval – whether proposed settlement fair and |
| Date: 20 Mar 2026 Judge: BUTTON J |
14. HLWS v Minister for Immigration and Multicultural Affairs [2026] FCA 243
| MIGRATION — application for extension of time to appeal decision of Administrative Review Tribunal (Tribunal) under s 477A(2) of the Migration Act 1958 (Cth) (Act) — refusal of visa — Tribunal’s application of the “character test” under |
| Date: 12 Mar 2026 Judge: BUTTON J |
15. DUW18 v Minister for Immigration and Citizenship [2026] FCA 241
| MIGRATION – where appellant did not appear – where the first respondent made various attempts to contact the appellant – where the Court attempted to contact the appellant – where the appellant did not file written submissions – appeal |
| Date: 10 Mar 2026 Judge: BUTTON J |
16. Frigger v Trenfield (Security for costs and stay applications) [2026] FCA 158
| PRACTICE AND PROCEDURE – Application for stay of proceedings – whether an aspect of the proceeding should be stayed pending delivery of judgment in proceedings in the Supreme Court of Western Australia – stay application dismissed PRACTICE AND |
| Date: 27 Feb 2026 Judge: Button J |
17. Cali v National Disability Insurance Agency [2026] FCA 135
| ADMINISTRATIVE LAW — National Disability Insurance Scheme Act 2013 (Cth) — review of decision of Administrative Review Tribunal concerning supports to be included in Applicant’s Statement of Participant Supports — where the Applicant sought |
| Date: 24 Feb 2026 Judge: BUTTON J |
18. Commissioner of Taxation v Baya Casal [2026] FCAFC 11
| TAXATION – appeal from the decision of the primary judge setting aside objection decision – objection to private ruling under Div 359 of Sch 1 to the Taxation Administration Act 1953 (Cth) – where the respondent was a part time employee paid |
| Date: 20 Feb 2026 Judge: HESPE, BUTTON AND YOUNAN JJ |
19. VRRQ v Minister for Immigration and Citizenship [2026] FCA 77
| MIGRATION – judicial review of decision of Administrative Review Tribunal – whether Tribunal erred in finding it had no jurisdiction to review application made out of time – where letter notifying of refusal of visa stated both that time would |
| Date: 12 Feb 2026 Judge: BUTTON J |
20. Yeo (Liquidator), in the matter of ACN 152 259 839 Pty Ltd (in liq) [2025] FCA 1630
| CORPORATIONS – overseas service – where Singaporean resident ordered to produce documents and attend for examination – where Singaporean companies ordered to produce certain books at the examination of Singaporean resident – application for |
| Date: 17 Dec 2025 Judge: BUTTON J |
21. Cochrane v Bupa Aged Care Australia Pty Ltd [2025] FCA 1560
| REPRESENTATIVE PROCEEDINGS – practice and procedure – pleadings – application to summarily dismiss claims under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1) of the Federal Court Rules 2011 (Cth) (Rules) or strike |
| Date: 10 Dec 2025 Judge: BUTTON J |
22. Commissioner of Taxation v Runcity Pty Ltd [2025] FCAFC 152
| CORPORATIONS – applications to discharge order made upon the reinstatement of the registration of several companies pursuant to s 601AH(3)(d) of the Corporations Act 2001 (Cth) (Corporations Act) – where order provided that the period between |
| Date: 30 Oct 2025 Judge: O’BRYAN, Button and Owens JJ |
23. Oracle Corporation Australia Pty Ltd v Commissioner of Taxation [2025] FCAFC 145
| PRACTICE AND PROCEDURE – stay of proceedings under s 23 of Federal Court of Australia Act 1976 (Cth) – public interest considerations – double taxation treaties – mutual agreement procedure (MAP) – where primary judge refused Appellants’ |
| Date: 21 Oct 2025 Judge: HESPE, BUTTON AND YOUNAN JJ |
24. Keybridge Capital Limited v Kirant Regional Media Investments Pty Ltd [2025] FCA 1265
| CORPORATIONS – application for leave to bring derivative action pursuant to ss 236 and 237(1) of the Corporations Act 2001 (Cth) – where second plaintiff sought leave nunc pro tunc to bring proceeding on behalf of first plaintiff – whether |
| Date: 17 Oct 2025 Judge: BUTTON J |
| COSTS – costs orders to be made following orders for final relief under s 1101B of the Corporations Act 2011 (Cth) – where proceeding was subject to a remitter – costs of the proceeding following the remitter – whether discount to costs |
| Date: 19 Sep 2025 Judge: BUTTON J |
| CORPORATIONS – final relief – where contraventions of ss 911A and 1041H of the Corporations Act 2001 (Cth) (Corporations Act) and ss 12DA and 12DB(1)(a) and (e) of the Australian Securities and Investments Commission Act 2001 (Cth) established |
| Date: 5 Sep 2025 Judge: BUTTON J |
27. Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2025] FCAFC 123
| REPRESENTATIVE PROCEEDINGS – where appeal allowed in part – form of orders – whether appropriate to make declarations of contravention where no loss established – whether appropriate to remit the balance of the proceeding where “no |
| Date: 4 Sep 2025 Judge: MURPHY, MOSHINSKY AND BUTTON JJ |
28. Wealth Trail Pty Ltd (in liq) v Del Vecchio [2025] FCA 982
| PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where Respondent failed to file a defence – where Applicants sought judgment for damages and/or equitable compensation to be |
| Date: 20 Aug 2025 Judge: Button J |
29. VRRQ v Minister for Immigration and Multicultural Affairs [2025] FCA 983
| MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal (Tribunal) – where the Tribunal affirmed the decision of a delegate of the Minister not to revoke the cancellation of the Applicant’s visa – |
| Date: 20 Aug 2025 Judge: BUTTON J |
30. Australian Competition and Consumer Commission v Webjet Marketing Pty Ltd [2025] FCA 867
| CONSUMER LAW – misleading or deceptive conduct – where the respondent represented to consumers on its website, via email and on its social media accounts that they could purchase airfares for promoted prices – where the respondent represented |
| Date: 28 Jul 2025 Judge: BUTTON J |
| BANKING AND FINANCIAL INSTITUTIONS – whether entity associated with the Second Defendant conducted a financial services business without an Australian financial services licence – whether statutory definition of debenture in s 9 of the |
| Date: 9 Jul 2025 Judge: BUTTON J |
32. Levitt v Luke in his capacity as the co-executor of the estate of Luke (Deceased) [2025] FCAFC 79
| REPRESENTATIVE PROCEEDING – appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – where primary judge disallowed a portion of claimed legal fees on basis that solicitor for the lead |
| Date: 12 Jun 2025 Judge: MOSHINSKY, BUTTON AND SHARIFF JJ |
33. Spall v Minister for Home Affairs [2025] FCAFC 75
| MIGRATION – Appeal from decision of single judge affirming decision of Minister for Home Affairs to revoke the Appellant’s Australian citizenship pursuant to s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) – construction of a 34(5) |
| Date: 11 Jun 2025 Judge: BUTTON, MCDONALD AND BENNETT JJ |
34. Dropsuite Limited, in the matter of Dropsuite Limited (No 2) [2025] FCA 487
| CORPORATIONS – scheme of arrangement – second Court hearing – application under s 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act) for approval of scheme of arrangement and exemption from compliance with s 411(11) of the |
| Date: 14 May 2025 Judge: BUTTON J |
35. Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited [2025] FCAFC 63
| CORPORATIONS - continuous disclosure – whether the respondent (the Bank) breached its continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) and rule 3.1 of the ASX Listing Rules – where, over a period of about three |
| Date: 7 May 2025 Judge: MURPHY, MOSHINSKY AND BUTTON JJ |
36. Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61
| CONTRACTS – where appellant’s accreditation was suspended at the respondent’s hospital – whether suspension decision was in breach of alleged contract between appellant and respondent – where finding of breach of contract not supported by |
| Date: 1 May 2025 Judge: BUTTON, DOWLING AND YOUNAN JJ |
37. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
| CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) |
| Date: 22 Apr 2025 Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ |
38. Guss v Larkfield Industrial Estates Pty Ltd [2025] FCA 313
| BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for review of judicial registrar’s decision to sequester appellant debtor’s estate and dismiss his |
| Date: 4 Apr 2025 Judge: Button J |
39. Dropsuite Limited, in the matter of Dropsuite Limited [2025] FCA 306
| CORPORATIONS – scheme of arrangement – first Court hearing – application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares – orders made |
| Date: 2 Apr 2025 Judge: BUTTON J |
40. Hudson, in the matter of ACB Group Pty Ltd (in liq) [2025] FCA 90
| CORPORATIONS - application by liquidator for direction under s 90-15 of the Insolvency Practice Schedule (Corporations), being Schedule 2 to the Corporations Act 2001 (Cth) (the Act), that liquidator is justified in utilisation of funds realised in |
| Date: 14 Feb 2025 Judge: Button J |
| PRACTICE AND PROCEDURE - application for temporary stay of proceeding, or alternatively transfer of proceeding to Federal Circuit and Family Court of Australia - where proceeding related to an existing FCFCOA (Div 1) proceeding regarding division of |
| Date: 13 Feb 2025 Judge: Button J |
42. Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1419
| MIGRATION - Migration Act 1958 (Cth) s 501BA - where Minister for Immigration, Citizenship and Multicultural Affairs set aside decision of Administrative Appeals Tribunal to revoke visa cancellation - whether Minister's public statements gave rise |
| Date: 11 Dec 2024 Judge: BUTTON J |
43. Di Paolo v Secretary, Department of Social Services [2024] FCA 1313
| ADMINISTRATIVE LAW - appeal from decision of the Administrative Appeals Tribunal (Tribunal) setting aside decision of the Tribunal's Social Services and Child Support Division regarding the Applicant's social security entitlements - whether Tribunal |
| Date: 15 Nov 2024 Judge: BUTTON J |
44. Anderson v Stonnington City Council [2024] FCA 1288
| BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - "counter-claim, set-off or cross demand" pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) - where applicant debtors claim to have tortious claims available to them |
| Date: 8 Nov 2024 Judge: BUTTON J |
45. Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCAFC 142
| STATUTORY INTERPRETATION - autonomous sanctions regime - where export sanction and designated persons sanction were made by Australian Government in mid-March 2022 against Russia and certain Russian business-people - where subsidiary (ABC) of |
| Date: 8 Nov 2024 Judge: MOSHINSKY, STEWART AND BUTTON JJ |
46. Palmer v Australian Securities and Investments Commission [2024] FCA 1167
| PRACTICE AND PROCEDURE - abuse of process - permanent stay or dismissal - fragmentation of criminal proceedings - where Applicants seek declaratory and other relief in relation to an examination of the First Applicant, and the transcripts thereof, |
| Date: 8 Oct 2024 Judge: BUTTON J |
| CORPORATIONS - breach of continuous disclosure obligations under s 674(2) of the Corporations Act 2001 (Cth) - whether primary judge erred in finding the pleaded information fell within s 677 of the Act by failing to construe and apply correctly the |
| Date: 2 Oct 2024 Judge: MARKOVIC, LEE AND BUTTON JJ |
48. Pascoe v Voukidis Holdings Pty Ltd (Costs) [2024] FCA 1058
| COSTS - indemnity costs - allocation of costs award as between related parties - where Applicant succeeded on most substantive issues - indemnity costs awarded |
| Date: 13 Sep 2024 Judge: BUTTON J |
49. AYX18 (by his litigation representative AYY18) v Minister for Home Affairs [2024] FCA 974
| NEGLIGENCE - claim alleging breach of duty of care in relation to provision of medical facilities and treatment of a child detained on Nauru - application by litigation representative for approval of a settlement under r 9.70 of the Federal Court |
| Date: 26 Aug 2024 Judge: BUTTON J |
50. FBV18 v Commonwealth of Australia [2024] FCA 947
| NEGLIGENCE - claim alleging breach of duty of care in relation to medical treatment of child detained on Nauru - application by litigation representative for approval of a settlement under r 9.70 of the Federal Court Rules 2011 (Cth) - whether |
| Date: 23 Aug 2024 Judge: BUTTON J |
51. Pascoe v Voukidis Holdings Pty Ltd [2024] FCA 915
| BANKRUPTCY AND INSOLVENCY - transactions void against trustee - where first respondent proved in bankruptcy pursuant to loan agreement between it and the bankrupts dated 1 October 2010 (Loan Agreement) - where third respondent, a director of first |
| Date: 16 Aug 2024 Judge: BUTTON J |
52. Mesha Feet Pty Ltd v Allen acting as Deputy Commissioner of Taxation [2024] FCA 680
| CORPORATIONS - application for review of a decision of a Registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - where originating process seeks to set aside a statutory demand issued to the Plaintiff by the Defendant - |
| Date: 24 Jun 2024 Judge: BUTTON J |
53. Australian Pesticides and Veterinary Medicines Authority v Bonnie and I Pty Ltd [2024] FCA 642
| TRADE AND COMMERCE - pecuniary penalties - contraventions of the Agricultural and Veterinary Chemicals Code (the Code) (being Sch 1 to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth)) - where the Code requires registration of certain |
| Date: 20 Jun 2024 Judge: BUTTON J |
54. DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 627
| MIGRATION - where Appellant refused Safe Haven Enterprise visa by delegate of the Minister - where decision of the delegate affirmed by the Immigration Assessment Authority - where Appellant invited the Authority to obtain recordings of telephone |
| Date: 14 Jun 2024 Judge: BUTTON J |
| COSTS - where the first and second respondents seek an order that the applicants pay their costs on an indemnity basis after a settlement offer was served - rule 25.14(2) of the Federal Court Rules 2011 (Cth) - where the proceeding was dismissed - |
| Date: 12 Jun 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
56. Probiotec Limited, in the matter of Probiotec Limited (No 2) [2024] FCA 593
| CORPORATIONS - scheme of arrangement - second court hearing - application under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement - where scheme implementation deed provides for the bidder to acquire all of the shares |
| Date: 5 Jun 2024 Judge: BUTTON J |
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge found that Applicants ran an 'all-or-nothing' case in respect of their entitlement to bank guarantee proceeds - where primary judge dismissed that case entirely - whether |
| Date: 24 May 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
58. Janssen v OnePath Custodians Pty Ltd [2024] FCA 497
| PRACTICE AND PROCEDURE - pleadings - amendment - where applicants seek to amend to add extensive and substantive claims - where trial date set nearly one year ago - where, if amendments allowed in their entirety, trial date would be vacated and |
| Date: 13 May 2024 Judge: BUTTON J |
59. Knight v Defence Force Ombudsman [2024] FCA 474
| ADMINISTRATIVE LAW - judicial review - where Ombudsman Regulations 2017 (Cth) (Regulations) excluded Respondent from taking specific action with respect to "excluded complaints" - where "excluded complaint" one previously "dealt with" by the Defence |
| Date: 9 May 2024 Judge: BUTTON J |
60. Wight, in the matter of Responsible Entity Services Ltd (Administrators Appointed) [2024] FCA 458
| CORPORATIONS - application to extend convening period - where administrations complex and time necessary for administrators to conduct further investigations and sale process, and to make an informed recommendation about the future of the company - |
| Date: 1 May 2024 Judge: BUTTON J |
61. Preston, in the matter of Qenos Pty Ltd (Administrators Appointed) [2024] FCA 461
| CORPORATIONS - voluntary administration of companies in the Qenos group which operates Australia's largest plastics and chemical manufacturing business, and which is important to the continued production and supply of natural gas in South Eastern |
| Date: 29 Apr 2024 Judge: BUTTON J |
62. Azimitabar v Commonwealth of Australia [2024] FCAFC 52
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for damages arising from the alleged unlawful detention of the appellant at the Mantra Bell City Hotel and the Park Hotel (the Hotels) - |
| Date: 26 Apr 2024 Judge: RANGIAH, ANDERSON AND BUTTON JJ |
63. Khan v Uddin [2024] FCA 404
| PRACTICE AND PROCEDURE - application for leave to proceed against respondent served outside Australia pursuant to r 10.43D of the Federal Court Rules 2011 (Cth) (the Rules) - where respondent has not filed a Notice of Address for Service within the |
| Date: 19 Apr 2024 Judge: BUTTON J |
64. BWS22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 387
| MIGRATION - visas - appeal from orders of a judge of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review - where the Appellant was granted a Global Special Humanitarian visa in October 2010 |
| Date: 18 Apr 2024 Judge: BUTTON J |
65. Mentha v Australian Securities and Investments Commission (Costs) [2024] FCA 375
| COSTS - where proceedings dismissed by consent with no hearing on the merits - whether Respondents "in substance surrendered or capitulated" - whether Applicants entitled to costs of the proceeding - whether Respondents' conduct following judgment |
| Date: 16 Apr 2024 Judge: BUTTON J |
66. Scordo v Commonwealth Bank of Australia [2024] FCA 359
| PRACTICE AND PROCEDURE - application for review of a decision of a Registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (the Act) and for recusal - where the Registrar determined competing summary judgment applications - |
| Date: 12 Apr 2024 Judge: BUTTON J |
67. Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46
| CONSUMER LAW - whether primary judge erred in finding that certain promotional materials did not convey alleged representations under ss 18 and 29 of the Australian Consumer Law - where respondents ceased to trade after hearing of appeal and before |
| Date: 11 Apr 2024 Judge: O'CALLAGHAN, HALLEY AND BUTTON JJ |
68. HSCK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 313
| MIGRATION - decision of Administrative Appeals Tribunal affirming decision of delegate of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal decision made before decision in |
| Date: 28 Mar 2024 Judge: BUTTON J |
69. Ewok Pty Ltd as trustee for the E &
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - where proceeding commenced as a "closed class" representative proceeding - where all group members entered |
| Date: 28 Mar 2024 Judge: BUTTON J |
70. Probiotec Limited, in the matter of Probiotec Limited [2024] FCA 298
| CORPORATIONS - scheme of arrangement - first court hearing - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - orders made |
| Date: 26 Mar 2024 Judge: BUTTON J |
71. Commonwealth of Australia v De Pyle [2024] FCAFC 43
| PRACTICE AND PROCEDURE - where primary judge refused interlocutory application by the Commonwealth for certain suppression orders - where evidence adduced from responsible officer that suppression orders necessary to prevent prejudice to national |
| Date: 26 Mar 2024 Judge: O'CALLAGHAN, RAPER AND BUTTON JJ |
72. Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42
| TAXATION - Goods and Services Tax - where appellant paid invoices rendered by lawyers acting on behalf of individual beneficiaries and certain related entities - where appellant claimed input tax credits in respect of the payment of those invoices - |
| Date: 20 Mar 2024 Judge: PERRAM, ABRAHAM AND BUTTON JJ |
73. Mylan Australia Holding Pty Ltd v Commissioner of Taxation (No 2) [2024] FCA 253
| TAXATION - income tax - interest deductions - schemes to which Pt IVA of the Income Tax Assessment Act 1936 (Cth) applies - where Applicant's ultimate parent company acquired global pharmaceutical business - where Applicant is the head of a tax |
| Date: 20 Mar 2024 Judge: BUTTON J |
74. Four Air Leitchville Pty Ltd v Hurlad Pty Ltd (No 3) [2024] FCA 238
| COSTS - costs following amendment application - where both sides had measure of success - where numerous objections to pleading raised - where Applicant on notice of certain deficiencies for some time |
| Date: 13 Mar 2024 Judge: BUTTON J |
75. Four Air Leitchville Pty Ltd v Hurlad Pty Ltd [2024] FCA 167
| PRACTICE AND PROCEDURE - pleadings - where multiple attempts made to propose new pleading - where directions made at interlocutory hearing regarding form of pleading - whether applicant complied with those directions - leave granted |
| Date: 29 Feb 2024 Judge: BUTTON J |
| CORPORATIONS - application to extend convening period - where extension sought to allow directors to put forward proposal for a deed of company arrangement - where directors funding costs associated with extended convening period - where limited to |
| Date: 22 Feb 2024 Judge: BUTTON J |
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia finding the decision of the delegate of the Minister to cancel the respondent's visa was affected by jurisdictional error and invalid - Whether Full Court of the |
| Date: 21 Feb 2024 Judge: BROMWICH, WHEELAHAN AND BUTTON JJ |
78. Australian Securities and Investments Commission v Guo [2024] FCA 125
| CORPORATIONS - ex parte application for interim travel restriction orders under s 1323 of the Corporations Act 2001 (Cth) (the Act) - where defendant is the subject of an ASIC investigation into alleged contraventions of ss 181-184 of the Act and ss |
| Date: 20 Feb 2024 Judge: BUTTON J |
79. Morgan, in the matter of Traditional Values Management Limited (in liq) [2024] FCA 74
| CORPORATIONS - application by liquidator for directions made under ss 90-15 and 90-20 of the Insolvency Practice Schedule (Corporations) (being Sch 2 to the Corporations Act 2001 (Cth)) in relation to an abridged process for handling the claims of |
| Date: 13 Feb 2024 Judge: BUTTON J |
80. Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198
| PRACTICE AND PROCEDURE - leave to appeal - primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) - primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations |
| Date: 13 Dec 2023 Judge: ANDERSON, MCEVOY AND BUTTON JJ |
81. StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCAFC 200
| INJUNCTIONS - application for interlocutory injunction - where application refused by primary judge - whether prime facie case of contraventions of ss 18 and 29 of the Australian Consumer Law and for tort of passing off - whether balance of |
| Date: 30 Nov 2023 Judge: O'CALLAGHAN, STEWART AND BUTTON JJ |
82. Nipps, in the matter of i-Prosperity Pty Ltd (in liq) [2023] FCA 1446
| CORPORATIONS - application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) -where liquidators sought extension in respect of some identified potential claims and also sought a "shelf order" in respect of |
| Date: 22 Nov 2023 Judge: BUTTON J |
83. DWK22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1403
| MIGRATION - visas - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review - where appellant seeks leave to adduce new evidence on appeal - where appellant seeks leave to |
| Date: 15 Nov 2023 Judge: BUTTON J |
84. Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176
| COSTS - where successful intervener seeks his costs of the appeal - where intervention was necessary, efficient and of considerable assistance - appellant to pay costs of the respondents and intervener |
| Date: 6 Nov 2023 Judge: STEWART, MCELWAINE AND BUTTON JJ |
85. STIHL Pty Ltd v Reggie Bowman Pty Ltd [2023] FCA 1347
| PRACTICE AND PROCEDURE - application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) - where respondents have failed to file a defence - whether the court is satisfied on the basis of pleaded facts that the applicant is |
| Date: 3 Nov 2023 Judge: BUTTON J |
86. Australian Energy Regulator v AGL Loy Yang Marketing Pty Ltd [2023] FCA 1299
| ENERGY AND RESOURCES - electricity - contraventions of cls 4.9.8(a) and (d) of the National Electricity Rules - generators not complying with dispatch instructions of Australian Energy Market Operator (AEMO) - where respondents' trading teams made |
| Date: 30 Oct 2023 Judge: BUTTON J |
87. Australian Securities and Investments Commission v Diversa Trustees Limited [2023] FCA 1267
| SUPERANNUATION - where defendant was trustee of superannuation fund - where defendant had contractual arrangements for the administration, promotion and provision of platform functions in relation to the fund - where ASIC alleged that the defendant |
| Date: 24 Oct 2023 Judge: BUTTON J |
88. Bester v Mirror Trading International (Pty) Ltd (in liq) [2023] FCA 1194
| BANKRUPTCY AND INSOLVENCY - Cross-border insolvency - application for recognition of foreign proceeding as foreign main proceeding under Art 17 of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law being |
| Date: 6 Oct 2023 Judge: BUTTON J |
89. Lantrak Holdings Pty Ltd v Yammine [2023] FCAFC 156
| CONSUMER LAW - whether primary judge erred in finding respondents had proved words spoken with a sufficient degree of precision to enable Court to be satisfied they were misleading - where promise made to "honour the deal" or pay "the balance" |
| Date: 26 Sep 2023 Judge: LEE, BUTTON AND JACKMAN JJ |
90. Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd [2023] FCAFC 149
| PRACTICE AND PROCEDURE - appeal from decision of trial judge in proceedings where former employees colluded with suppliers to misappropriate Appellant's business - whether trial judge erred in dismissing proceedings against Respondents - where |
| Date: 6 Sep 2023 Judge: PERRAM, DOWNES AND BUTTON JJ |
91. Mandalinic v Stone (Liquidator) [2023] FCAFC 146
| CORPORATIONS - application for leave to appeal and appeal from interlocutory decision of single judge - where the appellant, a director of a company in liquidation, filed an affidavit in Supreme Court of New South Wales proceedings commenced by the |
| Date: 4 Sep 2023 Judge: STEWART, MCELWAINE AND BUTTON JJ |
92. Clemenger Group Limited, in the matter of Clemenger Group Limited (No 2) [2023] FCA 974
| CORPORATIONS - scheme of arrangement - second court hearing - application under s 411(1)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement - where scheme implementation deed provides for the acquisition of Class A and Class C |
| Date: 17 Aug 2023 Judge: BUTTON J |
93. NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 950
| MIGRATION - visas - application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - where Tribunal affirmed decision of a delegate of the Minister to refuse to grant the applicant a visa - whether Tribunal failed to |
| Date: 15 Aug 2023 Judge: BUTTON J |
94. Pushpinder v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 903
| PRACTICE AND PROCEDURE - application for leave to appeal from orders of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to reinstate proceedings after filing notice of discontinuance - nature and |
| Date: 4 Aug 2023 Judge: BUTTON J |
95. Dreamstreet Lending Pty Ltd v Weiss (No 3) [2023] FCA 825
| PRACTICE AND PROCEDURE - costs - where applicant had mixed success against first respondent - where applicant was unsuccessful against second and third respondents - claim for indemnity costs - whether applicant unreasonably refused offer of |
| Date: 27 Jul 2023 Judge: BUTTON J |
96. Clemenger Group Limited, in the matter of Clemenger Group Limited [2023] FCA 815
| CORPORATIONS - scheme of arrangement - first court hearing - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - where scheme implementation deed |
| Date: 18 Jul 2023 Judge: BUTTON J |
97. Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812
| PRACTICE AND PROCEDURE - scope of new trial - where trial judge held the respondent had engaged in misleading and deceptive conduct in relation to apartment sold off-the-plan - where trial judge found render contained in marketing materials conveyed |
| Date: 18 Jul 2023 Judge: BUTTON J |
98. Lifestyle Holdings Australia &
| BANKRUPTCY AND INSOLVENCY - where company is in liquidation - where company's liquidator has claims against first defendant in relation to voidable transactions - where the liquidator has assigned claims against the defendants to the plaintiff |
| Date: 13 Jul 2023 Judge: BUTTON J |
99. Khan v Google LLC [2023] FCA 785
| PRACTICE AND PROCEDURE - application for leave to proceed against respondent served outside Australia pursuant to r 10.43D of the Federal Court Rules 2011 - where respondent was aware of the application but elected not to appear or participate - |
| Date: 11 Jul 2023 Judge: BUTTON J |
100. Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
| CONTRACT - contractual interpretation - breach of contract - services agreement between consultant and mortgage broking business - where applicant claimed consultant breached notice period clause - where applicant claimed consultant breached an |
| Date: 23 Jun 2023 Judge: BUTTON J |
