Browse Federal Court JudgmentsBy Judge - Charlesworth J |
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1. Commissioner of Taxation v Cheung [2026] FCAFC 75
| APPEAL AND NEW TRIAL – appeal from judgment and orders allowing a taxpayer’s appeal under s 14ZZ(1)(a)(ii) of the Taxation Administration Act 1953 (Cth) – where primary judge upheld the appeal at first instance having made findings that the |
| Date: 28 May 2026 Judge: CHARLESWORTH, GOODMAN AND HORAN JJ |
2. Yang v Wong [2026] FCAFC 39
| CORPORATIONS – unreasonable director-related transaction – whether transactions taken as a whole constitute a payment to a close associate of a director under s 588FDA(1)(b)(ii) of the Corporations Act 2001 (Cth) – payment by company A to |
| Date: 8 Apr 2026 Judge: CHARLESWORTH, JACKMAN AND NEEDHAM JJ |
3. Rani v Minister for Immigration and Multicultural Affairs [2026] FCA 452
| MIGRATION – appeal from order dismissing an application for judicial review of a migration decision – primary judge concluding the decision was not affected by jurisdictional error – appellants at first instance inviting the primary judge to |
| Date: 2 Apr 2026 Judge: CHARLESWORTH J |
4. Boyle v Commonwealth of Australia (No 2) [2026] FCA 381
| PRACTICE AND PROCEDURE – strike out of pleading and summary dismissal – applicant conducting a proceeding in a vexing manner – applicant fabricating medical evidence to obtain an adjournment and to otherwise mislead the Court – applicant’s |
| Date: 2 Apr 2026 Judge: CHARLESWORTH J |
5. Dann v Chief Executive Officer (Housing) (Northern Territory) [2026] FCA 442
| REPRESENTATIVE PROCEEDINGS – class action relating to the provision of public housing to Aboriginal people in the Northern Territory – two lead applicants alleging multiple causes of action – orders for an initial trial of separate questions |
| Date: 26 Mar 2026 Judge: CHARLESWORTH J |
6. Ramoo v Grow Trade Finance Pty Ltd [2026] FCA 286
| CONTRACTS – trade finance facility agreement between credit provider and company – sole company director party to agreement in personal capacity – director personally guaranteeing performance of the company’s obligations – director |
| Date: 18 Mar 2026 Judge: CHARLESWORTH J |
7. Birdseye v Commissioner of Taxation [2026] FCA 339
| ADMINISTRATIVE LAW – powers of review of the Administrative Review Tribunal – whether the Tribunal has jurisdiction to review a decision of the Commissioner of Taxation to vote against a corporate restructure plan proposed under Pt 5.3B of the |
| Date: 17 Mar 2026 Judge: CHARLESWORTH J |
8. Slater v Ecosol Pty Ltd, in the matter of Ecosol Pty Ltd [2026] FCA 208
| CORPORATIONS – application alleging oppression of a minority shareholder in the conduct of a company’s affairs – suit commenced several years after conduct complained of – whether central factual allegations underpinning the oppression claim |
| Date: 5 Mar 2026 Judge: CHARLESWORTH J |
9. Annear Holdings Pty Ltd v Farm Projects Pty Ltd [2026] FCA 188
| CORPORATIONS – claim and cross-claim alleging oppression in the conduct of a company’s affairs within the meaning of s 232 of the Corporations Act 2001 (Cth) – consideration of the legitimate expectations of shareholders – whether a |
| Date: 3 Mar 2026 Judge: CHARLESWORTH J |
10. Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 6
| MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether Minister misunderstood or misapplied national interest – whether national interest requires conduct in |
| Date: 11 Feb 2026 Judge: CHARLESWORTH, KYROU AND NESKOVCIN JJ |
11. Electoral Commissioner v McQuestin [2025] FCAFC 188
| ELECTIONS – where respondent found to have contravened s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) on three occasions – where primary judge assessed penalties on the basis of there being three contraventions and imposed an aggregate |
| Date: 16 Dec 2025 Judge: RANGIAH, CHARLESWORTH AND SHARIFF JJ |
12. Kilgour v Commissioner of Taxation [2025] FCAFC 183
| TAXATION – assessment of capital gains tax payable in respect of the disposal of shares – taxpayer’s eligibility for concessions depending upon the market value of the shares disposed of – shares disposed of comprising a minority interest in |
| Date: 12 Dec 2025 Judge: CHARLESWORTH, O'SULLIVAN AND HORAN JJ |
| INDUSTRIAL LAW – appeal from judgment dismissing application alleging contraventions of s 343(1) of the Fair Work Act 2009 (Cth) – where Minister intervened by letter and Ministerial Direction in dispute between Union and Fire Rescue Victoria |
| Date: 11 Dec 2025 Judge: RANGIAH, CHARLESWORTH AND MCELWAINE JJ |
14. Prezzee Pty Ltd v Epay Australia Pty Ltd [2025] FCA 1662
| TRADE MARKS – applicant the registered owner of trade marks comprising or including the word “Prezzee” – applicant using the word “Prezzee” on and in relation to electronic gift cards – respondent incorporating the word “Prezzy” on |
| Date: 10 Dec 2025 Judge: CHARLESWORTH J |
15. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2025] FCAFC 163
| PRACTICE AND PROCEDURE – application for an order that a Full Bench constituted to hear an appeal be reconstituted on the grounds that an apprehension of bias arises in relation to a member of the bench – adjudication of the application by the |
| Date: 20 Nov 2025 Judge: CHARLESWORTH, SARAH C DERRINGTON AND LONGBOTTOM JJ |
16. FNPQ v Secretary, Department of Social Services [2025] FCAFC 159
| SOCIAL SECURITY – where two appellants made a claim for age pension as a married couple – where, prior to the date of the claim, the first appellant received lump sums in the nature of employment income referable to past periods of employment |
| Date: 12 Nov 2025 Judge: CHARLESWORTH, KYROU and MCDONALD JJ |
17. Australian Securities and Investments Commission v Open4Sale Global Ltd (No 3) [2025] FCA 1368
| CORPORATIONS – directors of company ordered to pay civil penalties for contraventions of Ch 6D of the Corporations Act 2001 (Cth) – whether the directors should be restrained from having recourse to the financial resources of the company to pay |
| Date: 11 Nov 2025 Judge: CHARLESWORTH J |
18. Rainbow, in the matter of an application by Rainbow [2025] FCA 1359
| PRACTICE AND PROCEDURE – application for relief prior to commencement of a proceeding – prospective applicant seeking urgent interlocutory relief against two entities on an ex parte basis – affected entities not named as parties – affected |
| Date: 31 Oct 2025 Judge: CHARLESWORTH J |
19. Chukwuma v Minister for Immigration and Multicultural Affairs [2025] FCA 1302
| MIGRATION – application of judicial review of a migration decision – decision-maker setting aside and substituting an earlier decision of the Administrative Appeals Tribunal – decision-maker cancelling the applicant’s visa on character |
| Date: 27 Oct 2025 Judge: CHARLESWORTH J |
| NATIVE TITLE – overlapping applications for determinations of native title over land and waters in the vicinity of the Coorong in South Australia – parties agreeing to a single determination to be made by consent under s 87 of the Native Title |
| Date: 24 Oct 2025 Judge: CHARLESWORTH J |
21. Puohotaua v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 141
| MIGRATION – consequences of failure by Tribunal to warn self-represented appellant about his right to invoke the privilege against self-incrimination when answering questions – where appellant could not have invoked privilege as there was no |
| Date: 17 Oct 2025 Judge: CHARLESWORTH, DOWNES AND O'SULLIVAN JJ |
22. Boyle v Commonwealth of Australia [2025] FCA 1310
| PRACTICE AND PROCEDURE – application for an order that a Judge be disqualified on the ground of apprehended bias – multiple grounds alleged – grounds not established – application dismissed |
| Date: 15 Oct 2025 Judge: CHARLESWORTH J |
23. Pett v National Disability Insurance Agency [2025] FCA 1252
| ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal relating to a plan of supports under the National Disability Insurance Scheme Act 2013 (Cth) – whether the Tribunal erred in concluding that the applicant had received |
| Date: 15 Oct 2025 Judge: CHARLESWORTH J |
24. Snow v Birchall (No 2) [2025] FCA 1206
| PRACTICE AND PROCEDURE – application for judicial review of a Registrar’s decision to refuse to accept documents for filing – documents purporting to initiate an application for leave to appeal from an order – challenged order made in the |
| Date: 1 Oct 2025 Judge: CHARLESWORTH J |
25. Australian Securities and Investments Commission v Open4Sale Global Ltd (No 2) [2025] FCA 1038
| CORPORATIONS – failure by unlisted public company and two of its directors to comply with disclosure obligations when offering securities contrary to s 727(6) of the Corporations Act 2001 (Cth) (Corporations Act) – defendants each committing |
| Date: 29 Aug 2025 Judge: CHARLESWORTH J |
26. Kimber v Clark as trustee of the estate of Kimber [2025] FCA 979
| APPEAL AND NEW TRIAL – application for leave to appeal from three interlocutory orders – order summarily dismissing an application for annulment of a bankruptcy – bankruptcy brought about by debtor’s own petition – applicant unable to |
| Date: 20 Aug 2025 Judge: CHARLESWORTH J |
27. Kaur v Minister for Immigration and Citizenship [2025] FCA 931
| MIGRATION – appeal from order dismissing an application for judicial review of a migration decision – grounds of appeal seeking impermissible merits review of the migration decision – appeal dismissed |
| Date: 12 Aug 2025 Judge: CHARLESWORTH J |
28. Kaur v Minister for Immigration and Citizenship [2025] FCA 918
| MIGRATION – appeal from order dismissing an application for judicial review of a migration decision – grounds of appeal wholly without merit – where it is apparent a self-represented appellant has had legal assistance in the preparation of |
| Date: 12 Aug 2025 Judge: CHARLESWORTH J |
29. Kaur v Minister for Immigration and Citizenship [2025] FCA 919
| MIGRATION – appeal from order dismissing an application for judicial review of a migration decision – no appealable error identified by grounds of appeal – whether a self-represented litigant should be granted leave to rely on arguments not |
| Date: 12 Aug 2025 Judge: CHARLESWORTH J |
| MIGRATION – appeal from order dismissing application for judicial review from a migration decision – grounds of judicial review and appeal without merit – where it is apparent that a self-represented litigant has had legal assistance in the |
| Date: 12 Aug 2025 Judge: CHARLESWORTH J |
31. Otway (liquidator), in the matter of AMD Freight Pty Ltd (in liq) [2025] FCA 1019
| Date: 11 Aug 2025 Judge: CHARLESWORTH J |
32. X Corp v eSafety Commissioner [2025] FCAFC 99
| APPEAL AND NEW TRIAL – appeal from judgment dismissing an application for judicial review – where primary judge made findings as to the meaning and application of foreign law after hearing competing expert evidence – whether primary judge |
| Date: 31 Jul 2025 Judge: MURPHY, CHARLESWORTH AND HORAN JJ |
33. ANW18 v Minister for Immigration and Multicultural Affairs (No 2) [2025] FCA 916
| COSTS – appellant ordered to pay first respondent’s costs – first respondent entitled to proceed to taxation in absence of agreement – bill of costs served – Taxing Officer’s assessment made – appellant ordinarily required to pay |
| Date: 29 Jul 2025 Judge: CHARLESWORTH J |
34. Morros v Commonwealth Bank of Australia [2025] FCA 800
| PRACTICE AND PROCEDURE – cross applications for summary judgment – applicant seeking relief relating to possession of mortgaged land – controversy concerning the respondent’s entitlement to possess the land already tried and determined in |
| Date: 15 Jul 2025 Judge: CHARLESWORTH J |
35. Long v Minister for Immigration and Citizenship [2025] FCA 751
| MIGRATION – judicial review of a migration decision of the Administrative Review Tribunal – whether Tribunal failed to afford the applicant procedural fairness – whether Tribunal failed to comply with a direction made under s 499 of the |
| Date: 9 Jul 2025 Judge: CHARLESWORTH J |
36. Melville on behalf of the Pitta Pitta People v State of Queensland (No 2) [2025] FCA 753
| NATIVE TITLE – application by a non-party to intervene in a proceeding under r 9.12 of the Federal Court Rules 2011 (Cth), non-party a regional body with functions conferred under the Native Title Act 1993 (Cth) – regional body raising concerns |
| Date: 9 Jul 2025 Judge: CHARLESWORTH J |
37. Mercedes-Benz Financial Services Australia Pty Ltd v RPO Pty Ltd (in liq) [2025] FCA 714
| COMMERCIAL LAW – applicant having registered security interests in 40 motor vehicles – whether orders should be made facilitating the exercise of the applicant’s right of seizure of the vehicles under s 123 of the Personal Property Securities |
| Date: 30 Jun 2025 Judge: CHARLESWORTH J |
38. Viscariello v Najjar [2025] FCA 655
| CONTRACT – proper construction of an agreement relating to the costs of a mediation – whether the respondent is liable in contract to pay the applicants’ costs of legal representation at and in connection with the mediation |
| Date: 19 Jun 2025 Judge: CHARLESWORTH J |
39. Tucker, in the matter of Lucapa Diamond Company Limited (Administrators Appointed) [2025] FCA 686
| CORPORATIONS – administrators appointed to four related companies – administrators pursuing a sale and recapitalisation process with a view to the companies’ businesses continuing to operate as a going concern – administrators caused the |
| Date: 19 Jun 2025 Judge: CHARLESWORTH J |
40. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 3) [2025] FCA 624
| COSTS – action alleging trade mark infringement and other causes – cross-claim seeking cancellation of trade marks – respondent and cross-claimant ultimately successful – where parties had varying degrees of success on discrete factual and |
| Date: 13 Jun 2025 Judge: CHARLESWORTH J |
41. Avard v Australian Capital Territory [2025] FCAFC 72
| INDUSTRIAL LAW – appeal from single judge – interpretation of enterprise agreements – whether “preliminary assessment” requires procedural fairness – where enterprise agreements prescribe procedural fairness regime – where formal |
| Date: 23 May 2025 Judge: CHARLESWORTH, STELLIOS AND LONGBOTTOM JJ |
42. FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 71
| MIGRATION – cancellation of visa on character grounds – appeal from judgment dismissing application for judicial review of Tribunal decision affirming cancellation decision – appellant having no legal training – appellant represented before |
| Date: 21 May 2025 Judge: MURPHY, CHARLESWORTH, SNADEN JJ |
43. Pett v National Disability Insurance Agency (No 2) [2026] FCA 600
| PRACTICE AND PROCEDURE – where appeal from decision of former Administrative Appeals Tribunal concerning entitlements under National Disability Insurance Scheme Act 2013 (Cth) was allowed – where interim suppression and confidentiality orders |
| Date: 13 May 2025 Judge: CHARLESWORTH J |
44. Miller v State of South Australia (Far West Coast Sea Claim) (No 4) [2025] FCA 388
| NATIVE TITLE – application for a determination of native title in respect of an area in the sea in the vicinity of the far west coast of South Australia – claim area abutting and in proximity to existing determinations of native title – where |
| Date: 24 Apr 2025 Judge: CHARLESWORTH J |
45. Lim v Flinders University of South Australia (No 4) [2025] FCA 377
| Date: 16 Apr 2025 Judge: CHARLESWORTH J |
46. Truong v Minister for Immigration and Multicultural Affairs [2025] FCA 323
| MIGRATION – appeal from order dismissing an application for judicial review of a Tribunal decision – whether Tribunal failed to comply with the obligation imposed by s 359AA of the Migration Act 1958 (Cth) |
| Date: 9 Apr 2025 Judge: CHARLESWORTH J |
47. Lim v Flinders University of South Australia (No 3) [2025] FCA 294
| Date: 17 Mar 2025 Judge: CHARLESWORTH J |
48. Kirk v Minister for Immigration and Multicultural Affairs [2025] FCA 150
| MIGRATION – judicial review of a decision of a Minister substituting a non-adverse decision of a Tribunal – power of the Minister not subject to rules of natural justice – decision amenable to review on legal unreasonableness grounds – |
| Date: 4 Mar 2025 Judge: CHARLESWORTH J |
49. Stoneley v Minister for Immigration and Multicultural Affairs [2025] FCA 143
| MIGRATION – judicial review of a decision under the Migration Act 1958 (Cth) – decision-maker bound to comply with a direction issued under s 499 of the Act – whether decision-maker failed to have regard to mandated considerations under the |
| Date: 4 Mar 2025 Judge: CHARLESWORTH J |
50. Minister for Immigration, Citizenship and Multicultural Affairs v Broide [2025] FCA 13
| STATUTORY INTERPRETATION - where s 22B of the Australian Citizenship Act 2007 (Cth) prescribed conditions depending upon when a citizenship application was made to the Minister for Immigration, Citizenship and Multicultural Affairs - whether on the |
| Date: 23 Jan 2025 Judge: CHARLESWORTH J |
51. Burarrwanga v Chief Executive Officer of the National Indigenous Australians Agency [2024] FCA 1476
| ADMINISTRATIVE LAW - application for judicial review of two decisions under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - applicant requiring an extension of time to commence an application in relation to the first decision - |
| Date: 19 Dec 2024 Judge: CHARLESWORTH J |
52. Vitnell v Vellenga, in the matter of Australian Carers Pty Ltd [2024] FCA 1492
| PRACTICE AND PROCEDURE - application for interlocutory injunction - plaintiff and first defendant co-directors of three companies - plaintiff alleging breach of directors' duties and oppression contrary to the Corporations Act 2001 (Cth) - |
| Date: 17 Dec 2024 Judge: CHARLESWORTH J |
| COSTS - whether third and fourth respondents were necessary parties to the proceedings - whether third and fourth respondents were in a position analogous to interveners so that costs should not ordinarily follow the event - whether the applicant |
| Date: 16 Dec 2024 Judge: CHARLESWORTH J |
| INDUSTRIAL LAW - whether the employees were an "eligible employee" within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) - whether Court in assessing "eligible employee" should confine its inquiries to the |
| Date: 16 Dec 2024 Judge: RANGIAH, CHARLESWORTH AND DOWLING JJ |
55. United Firefighters Union of Australia v Honourable Jaclyn Symes [2024] FCAFC 158
| APPEAL GROUNDS-application to amend grounds-point of statutory construction not taken below-proposed new grounds directly contrary to the appellant's trial case-prejudice to the respondents accepted-application dismissed |
| Date: 11 Dec 2024 Judge: RANGIAH, CHARLESWORTH AND MCELWAINE JJ |
56. Singh v Minister for Government Services [2024] FCAFC 159
| ADMINISTRATIVE LAW - where the appellant appeals from a dismissal of a judicial review application under s 39 of the Judiciary Act 1903 (Cth) at first instance - where the appellant had unsuccessfully applied for compensation under the Scheme for |
| Date: 21 Nov 2024 Judge: LOGAN, CHARLESWORTH AND DOWLING JJ |
| ENVIRONMENTAL LAW - listed threatened species, namely the Southern Greater Glider - where the respondent (the Secretary) proposed to conduct fuel reduction burns in four areas of the Strathbogie State Forest - where the appellant sought an |
| Date: 23 Oct 2024 Judge: MOSHINSKY, CHARLESWORTH AND KENNETT JJ |
58. Specialised Welding Australia Pty Ltd v Disselkoen [2024] FCA 1184
| CORPORATIONS - application for declaration that appointment of receivers by secured creditor is invalid and creditor's security interest unenforceable - whether debt relied upon by creditor is a contingent claim extinguished upon the creditor voting |
| Date: 8 Oct 2024 Judge: CHARLESWORTH J |
59. Pulvirenti v Secretary, Department of Education [2024] FCA 1106
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeal Tribunal - appeal confined to questions of law - Tribunal affirmed a decision not to remit a portion of the applicant's HECS debt - Tribunal refusing to waive a requirement |
| Date: 23 Sep 2024 Judge: CHARLESWORTH J |
| ADMINISTRATIVE LAW - appeal from decision of Australian Financial Complaints Authority (AFCA) relating to the payment of a death benefit - appellant claiming to be a dependent of the deceased - whether AFCA made errors of law in the determination of |
| Date: 19 Sep 2024 Judge: CHARLESWORTH J |
61. ANW18 v Minister for Immigration and Multicultural Affairs [2024] FCA 1008
| MIGRATION - appeal from orders dismissing an application for judicial review of a migration decision - appellant alleging fraud on the part of his migration agent - migration agent alleged to have included false claims in a visa application form and |
| Date: 4 Sep 2024 Judge: CHARLESWORTH J |
62. Kirsten v Miller as executor of the estate of Detlef John Kirsten (No 2) [2024] FCAFC 106
| PRACTICE AND PROCEDURE - costs - appeal from order awarding costs to a party - whether primary judge failed to have regard to an agreement that the parties bear their own costs of part of the proceeding - whether there was utility in pursuing claims |
| Date: 27 Aug 2024 Judge: CHARLESWORTH, DERRINGTON AND HALLEY JJ |
| CORPORATIONS - company under external administration entering into a deed of company arrangement (DOCA) - administrator seeking orders for the transfer of shares and the discharge of securities - orders sought to fulfil conditions subsequent to the |
| Date: 13 Aug 2024 Judge: CHARLESWORTH J |
64. Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
| PATENTS - innovation patent relating to hinges - infringement - validity - whether primary judge erred in the proper construction of the invention disclosed PATENTS - validity - lack of clear and complete description - classical sufficiency - |
| Date: 17 Jul 2024 Judge: YATES, CHARLESWORTH AND ROFE JJ |
65. Munkara v Santos NA Barossa Pty Ltd (No 5) [2024] FCA 717
| PRACTICE AND PROCEDURE - application for leave to issue subpoenas to support an application for costs against a lawyer representing unsuccessful parties to a proceeding - whether submissions foreshadowed in support of the costs application have a |
| Date: 4 Jul 2024 Judge: CHARLESWORTH J |
66. Atkins v North Australian Aboriginal Justice Agency Ltd [2024] FCA 686
| CORPORATIONS - employee alleging her employer (a company) purported to dismiss her from her employment - employee alleging the purported dismissal was not legally effective - whether a resolution of the Board of a company for the termination of the |
| Date: 27 Jun 2024 Judge: CHARLESWORTH J |
67. Australian Securities and Investments Commission v Open4Sale Global Ltd [2024] FCA 718
| PRACTICE AND PROCEDURE - interlocutory injunction - absence of a defendant against whom orders with injunctions are sought - orders made in absence of defendant - defendant previously represented - defendant not filing a notice of address for |
| Date: 21 Jun 2024 Judge: CHARLESWORTH J |
68. Tonakie v Director of Professional Services Review [2024] FCAFC 60
| ADMINISTRATIVE LAW - where referral made within 12 months by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to an invalidly constituted Committee to investigate whether the appellant engaged in |
| Date: 24 May 2024 Judge: CHARLESWORTH, THAWLEY AND JACKSON JJ |
69. Munkara v Santos NA Barossa Pty Ltd (No 4) [2024] FCA 414
| PRACTICE AND PROCEDURE - respondent in action wholly successful in defending applicants' claims - respondent party requesting and serving subpoenas following judgment on the primary claims - subpoenas requested for the purpose of assisting the |
| Date: 24 Apr 2024 Judge: CHARLESWORTH J |
70. Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51
| INDUSTRIAL LAW - application for judicial review of decisions of the Full Bench of the Fair Work Commission - where Full Bench granted extension of time to appeal and permission to appeal against decision to approve enterprise agreement and upheld |
| Date: 22 Apr 2024 Judge: COLLIER, RANGIAH AND CHARLESWORTH JJ |
71. Haughton v Shanahan (No 2) [2024] FCA 350
| BANKRUPTCY - application for summary judgment of an originating application - originating application seeking an order under s 153B of the Bankruptcy Act 1966 (Cth) annulling a bankruptcy - where applicant became bankrupt on a creditor's petition |
| Date: 11 Apr 2024 Judge: CHARLESWORTH J |
72. Pacific National Services Pty Ltd v Tsoumbris [2024] FCA 324
| WORKERS COMPENSATION - claim for compensation for permanent hearing loss under the Safety, Rehabilitation and Compensation Act 1988 (Cth) - employer a licenced corporation - employer accepting liability for injury occurring in the licence period - |
| Date: 4 Apr 2024 Judge: CHARLESWORTH J |
| INDUSTRIAL LAW -- appeal from a decision of the South Australian Employment Tribunal exercising its jurisdiction under the Fair Work Act 2009 (Cth) as the South Australian Employment Court (SAEC) -- whether the SAEC erred in finding that cl 1.7 of |
| Date: 21 Mar 2024 Judge: BESANKO, CHARLESWORTH AND JACKSON JJ |
74. Patrick v Attorney-General (Cth) [2024] FCA 268
| ADMINISTRATIVE LAW - appeal from decision of the Information Commissioner made on review under Pt VII of the Freedom of Information Act 1982 (Cth) - request for access to documents under s 15(2) of the Act -Attorney-General identifying one document |
| Date: 21 Mar 2024 Judge: CHARLESWORTH J |
75. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256
| TRADE MARKS - form of order for amendment of Register of Trade Marks - cross-respondent the registered owner of a trade mark in certain services in class 43 - cross-claimant alleging the registered owner of the trade mark was not the owner - |
| Date: 19 Mar 2024 Judge: CHARLESWORTH J |
76. Secretary, Department of Social Services v Vader (by his litigation guardian) [2024] FCAFC 37
| SOCIAL SECURITY - appeal from decision of Federal Court of Australia, dismissing an appeal on a question of law from a decision of the Administrative Appeals Tribunal concerning eligibility for the disability support pension - where respondent does |
| Date: 18 Mar 2024 Judge: PERRY, CHARLESWORTH AND JACKSON JJ |
77. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138
| INTELLECTUAL PROPERTY - trade marks - originating application alleging infringement of trade marks including the plain word mark mercato - whether the respondent has used, as a trade mark, a sign that is deceptively similar to any one of the |
| Date: 26 Feb 2024 Judge: CHARLESWORTH J |
78. Haughton v Shanahan [2024] FCA 160
| BANKRUPTCY - application for an order annulling a bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth) - joinder of the Inspector-General in Bankruptcy as a respondent - applicant seeking "interim relief" against the Inspector-General - |
| Date: 23 Feb 2024 Judge: CHARLESWORTH J |
79. Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9
| ENVIRONMENTAL LAW - where the respondent holds a pipeline licence issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) authorising it to construct a 262km long gas export pipeline in the Timor Sea - where the applicants are |
| Date: 15 Jan 2024 Judge: CHARLESWORTH J |
80. Ferdinands v Registrar Burns [2023] FCA 1646
| Date: 22 Dec 2023 Judge: CHARLESWORTH J |
81. Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192
| COSTS - appeal from costs order against third party litigation funder - where funding agreement did not indemnify against adverse costs orders - where successful party did not apply for security for costs in principal proceedings - where funder |
| Date: 8 Dec 2023 Judge: CHARLESWORTH, Sarah C DERRINGTON and RAPER JJ |
82. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
| PRACTICE AND PROCEDURE - where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether final orders should be made reflecting the answers to the case stated - proceeding dismissed |
| Date: 22 Nov 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
83. Scott v NIMLAW Pty Ltd [2023] FCA 1420
| BANKRUPTCY - application to set aside a bankruptcy notice - notice founded on a judgment debt - whether the applicant has a defence, cross-claim or set-off that could not have been erected in the proceeding in which judgment was obtained - where |
| Date: 15 Nov 2023 Judge: CHARLESWORTH J |
84. Munkara v Santos NA Barossa Pty Ltd (No 2) [2023] FCA 1421
| PRACTICE AND PROCEDURE - application for injunction restraining works for the construction of a gas export pipeline - respondent a titleholder under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) - applicant alleging the respondent |
| Date: 15 Nov 2023 Judge: CHARLESWORTH J |
85. Munkara v Santos NA Barossa Pty Ltd [2023] FCA 1348
| PRACTICE AND PROCEDURE - application for interim injunction restraining works for the construction of a gas pipeline - respondent a titleholder under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) - applicant alleging the |
| Date: 2 Nov 2023 Judge: CHARLESWORTH J |
86. Cumaiyi v Northern Territory of Australia (No 3) [2023] FCA 1288
| PRACTICE AND PROCEDURE - application to amend pleadings - application to strike out pleadings - class actions alleging breach of s 9 of the Racial Discrimination Act 1975 (Cth) by respondents including the Northern Territory of Australia - whether |
| Date: 26 Oct 2023 Judge: CHARLESWORTH J |
87. McPartland v Commissioner of Taxation [2023] FCA 1260
| TAXATION - appeal from decision of Administrative Appeals Tribunal on a question of law - Tribunal upholding an Objection Decision in relation to default assessments made under s 167 of the Income Tax Assessment Act 1936 (Cth) - Tribunal |
| Date: 20 Oct 2023 Judge: CHARLESWORTH J |
88. EVU17 v Minister for Immigration and Border Protection [2023] FCA 1201
| MIGRATION - appeal from an order dismissing an application for judicial review of a migration decision - Administrative Appeals Tribunal having statutory procedural fairness obligation under s 424AA of the Migration Act 1958 (Cth) - whether primary |
| Date: 11 Oct 2023 Judge: CHARLESWORTH J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - unlawful picketing - pecuniary penalties - principles to be applied - whether primary judge erred in assessing wrongdoing by reference to availability of lawful alternative |
| Date: 9 Oct 2023 Judge: CHARLESWORTH, SNADEN AND RAPER JJ |
| MIGRATION - new arguments raised on appeal - whether Administrative Appeals Tribunal erred by concluding that review applicants had made new claims - whether Tribunal erred by failing to get information from the files of other review applicants - |
| Date: 5 Oct 2023 Judge: CHARLESWORTH J |
91. Kitchen v Director of Professional Services Review [2023] FCAFC 160
| COSTS - application for leave to appeal a costs order - whether leave to appeal should be granted - whether primary judgment attended by sufficient doubt - whether adequate reasons given by primary judge - where delay in giving judgment - whether |
| Date: 3 Oct 2023 Judge: CHARLESWORTH, SARAH C DERRINGTON, DOWNES JJ |
92. McEwan v Office of the Australian Information Commissioner [2023] FCAFC 137
| ADMINISTRATIVE LAW - Privacy - appeal from dismissal of application to review decision of Australian Information Commissioner (AIC) not to investigate complaint - where appellant alleged officers within the Australian Taxation Officer made |
| Date: 18 Aug 2023 Judge: CHARLESWORTH, SARAH C DERRINGTON AND MEAGHER JJ |
| CORPORATIONS - Company in liquidation - liquidators seeking declaratory relief with respect to the ownership of motor vehicles - six defendants submitting to the outcome - evidence supporting findings that the vehicles are the property of the |
| Date: 17 Aug 2023 Judge: CHARLESWORTH J |
94. Makrylos v Commissioner of Taxation [2023] FCA 971
| TAXATION - appeal from objection decision - tax payer alleging real property first held as trading stock years after its acquisition - Commissioner for Taxation assessing the tax payer's liability to pay tax on the basis that the Property was held |
| Date: 17 Aug 2023 Judge: CHARLESWORTH J |
95. Obel v Central Desert Regional Council (No 4) [2023] FCA 967
| COSTS - application for costs under s 570 of the Fair Work Act 2009 (Cth) against a self-represented applicant - applicant failed to engage with a court ordered mediation - applicant failed to attend a case management hearing leading to the |
| Date: 16 Aug 2023 Judge: CHARLESWORTH J |
96. Stuart v State of South Australia [2023] FCAFC 131
| APPEAL AND NEW TRIAL - NATIVE TITLE - appeal from orders made on overlapping native title determination applications - claims brought on behalf of the Arabana people and the Walka Wani people - trial judge finding the ancestors of the Arabana people |
| Date: 14 Aug 2023 Judge: RANGIAH, CHARLESWORTH AND O'BRYAN JJ |
97. Ogawa v President, Australian Human Rights Commission [2023] FCA 940
| APPEAL AND NEW TRIAL - application for leave to appeal from an interlocutory order fixing a time by which an application to transfer proceedings may be filed - order not affecting the applicant's substantive rights - allegation the impugned order |
| Date: 10 Aug 2023 Judge: CHARLESWORTH J |
| MIGRATION - reg 5.19 of the Migration Regulations 1994 (Cth) - appeal from a single judge of the former Federal Circuit Court of Australia - primary judge dismissed an application for judicial review of a decision of the Administrative Appeals |
| Date: 7 Aug 2023 Judge: CHARLESWORTH, O'SULLIVAN and RAPER JJ |
99. Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd (No 2) [2023] FCA 871
| COSTS - whether unsuccessful party was in breach of obligations under s 37N of the Federal Court of Australia Act 1976 (Cth) - whether unsuccessful party deserving of criticism in the conduct of the case - whether successful party should have its |
| Date: 25 Jul 2023 Judge: CHARLESWORTH J |
100. Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809
| ADMINISTRATIVE LAW - two consolidated applications for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) - decision under s 14 of the National Radioactive Waste Management |
| Date: 18 Jul 2023 Judge: CHARLESWORTH J |
