Browse Federal Court JudgmentsBy Judge - Button J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
20. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. Mylan Australia Holding Pty Ltd v Commissioner of Taxation [2023] FCA 672
| PRACTICE AND PROCEDURE - discovery - where the Commissioner of Taxation sought orders for discovery - where application for discovery made less than four months from scheduled trial date - whether proposed categories of discovery relevant to purpose |
| Date: 21 Jun 2023 Judge: BUTTON J |
66. Mentha v Australian Securities and Investments Commission [2023] FCA 667
| PRACTICE AND PROCEDURE - suppression orders - where suppression orders are sought in relation to parts of a letter from the second respondent to the Australian Securities and Investments Commission (ASIC) seeking authorisation as an eligible |
| Date: 20 Jun 2023 Judge: BUTTON J |
67. EUE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 649
| MIGRATION - application for extension of time to file notice of appeal from decision of Federal Circuit Court of Australia - proposed grounds of appeal lacked merit to justify extension of time - application dismissed |
| Date: 16 Jun 2023 Judge: BUTTON J |
68. BVN17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 534
| MIGRATION - visas - appeal from orders of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review - where the delegate refused to grant a Protection (Class XA) (Subclass 866) visa - |
| Date: 25 May 2023 Judge: BUTTON J |
| PRACTICE AND PROCEDURE - costs - where appeal dismissed - where both the appellant and the first respondent had a substantial measure of success in relation to the issues on appeal - where the first respondent filed a late notice of contention - |
| Date: 24 May 2023 Judge: MARKOVIC, THOMAS AND BUTTON JJ |
70. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 485
| MIGRATION - visas - appeal from orders of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review - where the delegate refused to grant Partner (Temporary) (Class UK) visas - where the |
| Date: 19 May 2023 Judge: BUTTON J |
71. Michell (Trustee) v Sinnott, in the matter of Sinnott [2023] FCA 464
| BANKRUPTCY AND INSOLVENCY - application for delivery of vacant possession of property and removal of personal property - application for orders for sale of property - where applicant seeks a declaration that the property vests in him as trustee |
| Date: 11 May 2023 Judge: Button J |
| MIGRATION - visas - cancellation - where Appellant was convicted of criminal offences and sentenced to terms of imprisonment - appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review - where |
| Date: 3 May 2023 Judge: MARKOVIC, THOMAS and BUTTON JJ |
73. Keybridge Capital Limited v WAM Active Limited [2023] FCA 339
| CORPORATIONS - meeting - calling of general meeting by member - whether company had power to change venue of a physical meeting called by a member to an online meeting - whether the power to change the venue of the meeting was validly exercised - |
| Date: 17 Apr 2023 Judge: BUTTON J |
74. Australian Securities and Investments Commission v Letten (No 29) [2023] FCA 315
| CORPORATIONS - winding up - application for release of liquidator and deregistration of companies - where applicant was appointed liquidator of corporate defendants associated with unregistered managed investment schemes - where liquidator deposes |
| Date: 6 Apr 2023 Judge: BUTTON J |
75. Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47
| INSURANCE - construction and interpretation of policy - meaning of expression "location insured" in policy relating to large scale project for the construction of a length of highway - whether expression referred to whole of the project site or |
| Date: 28 Mar 2023 Judge: DERRINGTON, BUTTON AND JACKMAN JJ |
76. AIA Australia Ltd v Sharma [2023] FCAFC 42
| INSURANCE - life insurance - where life insured made fraudulent misrepresentations to group life insurer regarding his cardiac history in application for additional death and income protection cover pursuant to group life insurance policy - where |
| Date: 17 Mar 2023 Judge: STEWART, HALLEY and BUTTON JJ |
77. ADG Digital Pty Ltd v Trigon Trading Pty Ltd (Administrators Appointed) [2023] FCA 232
| PRACTICE AND PROCEDURE - application for stay of interlocutory order - stay of payment of funds out of court pursuant to court order - where funds were paid into court by company under voluntary administration - where orders made for payment out of |
| Date: 16 Mar 2023 Judge: BUTTON J |
| INSURANCE - Directors and Officers liability insurance - where policy excludes liability for loss in connection with a claim arising out of or attributable to or in connection with any director gaining any personal profit or advantage to which he or |
| Date: 10 Mar 2023 Judge: COLVIN, BUTTON AND JACKMAN JJ |
