Browse Federal Court JudgmentsBy Judge - Charlesworth J |
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1. Lim v Flinders University of South Australia (No 4) [2025] FCA 377
| Date: 16 Apr 2025 Judge: CHARLESWORTH J |
2. 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 |
3. Lim v Flinders University of South Australia (No 3) [2025] FCA 294
| Date: 17 Mar 2025 Judge: CHARLESWORTH J |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
11. 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 |
12. 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 |
14. 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 |
15. 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 |
17. 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 |
18. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. Ferdinands v Registrar Burns [2023] FCA 1646
| Date: 22 Dec 2023 Judge: CHARLESWORTH J |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
47. 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 |
48. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
55. 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 |
56. 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 |
57. Fisher v Commonwealth of Australia [2023] FCAFC 106
| HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life |
| Date: 12 Jul 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
58. BAW18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 860
| MIGRATION - appeal from orders dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - whether leave should be granted to rely upon grounds not raised at first instance - application for adjournment of |
| Date: 27 Jun 2023 Judge: CHARLESWORTH J |
59. Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd [2023] FCA 495
| CONTRACTS - agreement providing for the sale of shares in multiple entities following a due diligence process - agreement containing contractual warranties concerning the truth and accuracy of representations made in the due diligence process - |
| Date: 19 May 2023 Judge: CHARLESWORTH J |
| MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal - Tribunal concluding it was likely the applicant would be held in prolonged immigration detention if a decision to cancel his visa was not revoked because his home |
| Date: 8 May 2023 Judge: CHARLESWORTH J |
61. DOJ20 v Federal Circuit and Family Court of Australia [2023] FCA 417
| MIGRATION - application for judicial review of a decision of the formerly named Federal Circuit Court of Australia under s 39B of the Judiciary Act 1903 (Cth) - where primary judge refused to exercise the power in s 477(2) of the Migration Act 1958 |
| Date: 5 May 2023 Judge: CHARLESWORTH J |
| CORPORATIONS - company under external administration - administrators seeking orders and directions in relation to a Deed entered into by them and other parties - Deed providing for funding to ensure the continued operation of the company's business |
| Date: 3 May 2023 Judge: CHARLESWORTH J |
63. Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 484
| MIGRATION - appeal from decision of Federal Circuit Court and Family Court dismissing judicial review application - where appellant sought adjournment of hearing at first instance on medical grounds - where primary judge granted only short |
| Date: 28 Apr 2023 Judge: CHARLESWORTH J |
64. Phan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 427
| MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal - whether the applicant was deprived of a fair hearing before the Tribunal by reason of his status as a self-represented litigant - where applicant made no adjournment |
| Date: 26 Apr 2023 Judge: CHARLESWORTH J |
65. Karas v LK Law Pty Ltd (No 2) [2023] FCAFC 55
| PRACTICE AND PROCEDURE - where primary judge made a suppression order pursuant to ss 37AF(1)(b) and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) (Act) to treat certain documents as confidential - interlocutory application by appellant |
| Date: 5 Apr 2023 Judge: CHARLESWORTH, O'CALLAGHAN AND COLVIN JJ |
66. Jovcic v Coopers Brewery Limited [2023] FCA 423
| ADMINISTRATIVE LAW - application for judicial review of a decision of a single member of the Fair Work Commission - discretion to refuse relief on the basis that there exists an alternative procedure for the resolution of the applicants' underlying |
| Date: 5 Apr 2023 Judge: CHARLESWORTH J |
67. Sansbury v State of South Australia (Narungga Nation Native Title Claim) [2023] FCA 196
| NATIVE TITLE - Determination as to whether or not native title exists in an area - determination by consent pursuant to s 87 of the Native Title Act 1993 (Cth) |
| Date: 14 Mar 2023 Judge: CHARLESWORTH J |
68. Thompson v Lane (Trustee) [2023] FCAFC 32
| BANKRUPTCY AND INSOLVENCY - appeal from refusal by primary judge to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) - where bankrupt lodged debtor's petition based on legal advice - where bankrupt did not demonstrate that |
| Date: 10 Mar 2023 Judge: CHARLESWORTH, DOWNES AND GOODMAN JJ |
69. DMH20 v Minister for Home Affairs [2023] FCAFC 31
| MIGRATION - appeal from orders dismissing an application for a declaration that it was not reasonably practicable to remove the appellant, an unlawful non-citizen, from Australia in the reasonably foreseeable future - whether primary judge erred by |
| Date: 9 Mar 2023 Judge: CHARLESWORTH, THAWLEY AND KENNETT JJ |
70. Lim v Flinders University of South Australia (No 2) [2023] FCA 147
| COSTS - application for costs under s 570 of the Fair Work Act 2009 (Cth) against a self-represented applicant - applicant reneging on a settlement agreement - applicant on notice of respondents' position that her proceeding had no reasonable |
| Date: 2 Mar 2023 Judge: CHARLESWORTH J |
71. Rana v Australian Information Commissioner [2023] FCAFC 17
| ADMINISTRATIVE LAW - appeal from orders by a single judge of the Court dismissing an application for judicial review of a decision by the delegate of the Australian Information Commissioner not to investigate a complaint by the appellant pursuant to |
| Date: 23 Feb 2023 Judge: BROMWICH, CHARLESWORTH AND ABRAHAM JJ |
| CORPORATIONS - resolution of directors under s 436A of the Corporations Act 2001 (Cth) for appointment of voluntary administrators to a company - application for relief by majority shareholder under s 447A and s 447C of the Act including |
| Date: 23 Feb 2023 Judge: CHARLESWORTH J |
73. Karas v LK Law Pty Ltd [2023] FCAFC 15
| CONFIDENTIAL INFORMATION - application for leave to appeal interlocutory decision - where appellant sought interlocutory injunction preventing the use of confidential information - where injunction refused on the basis that balance of convenience |
| Date: 17 Feb 2023 Judge: CHARLESWORTH, O'CALLAGHAN AND COLVIN JJ |
| MIGRATION - appeal from dismissal of orders dismissing application for judicial review of a migration decision - visa cancelled on character grounds - Administrative Appeals Tribunal affirming a decision not to revoke the cancellation - application |
| Date: 17 Feb 2023 Judge: CHARLESWORTH, COLVIN AND HALLEY JJ |
75. Obel v Central Desert Regional Council (No 2) [2023] FCA 152
| PRACTICE AND PROCEDURE - dismissal of adjournment application in circumstances where a self-represented litigant has previously been provided with guidance as to the sufficiency of evidence required in support - dismissal of amendment application |
| Date: 16 Feb 2023 Judge: CHARLESWORTH J |
76. Tax Practitioners Board v Williams [2023] FCA 63
| CONTEMPT - breach by the respondent of an interlocutory injunction granted under s 70-5(1) of the Tax Agent Services Act 2009 (Cth) - contempt occurring in circumstances where respondent was conscious that his conduct contravened the Act - |
| Date: 8 Feb 2023 Judge: CHARLESWORTH J |
77. Anderson, in the matter of NT Port and Marine Pty Ltd (Administrators Appointed) [2023] FCA 3
| CORPORATIONS - administrators appointed a company operating a port facility on Melville Island - port facility having importance to local economy - administrators conducting investigations to report on matters affecting the company's future - |
| Date: 19 Jan 2023 Judge: CHARLESWORTH J |
78. Mentink v Commissioner for Northern Territory Police [2022] FCA 1549
| ADMINISTRATIVE LAW - application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - applicant a registered sex offender - decision of Commissioner Northern Territory Police refusing to grant permission to the applicant |
| Date: 21 Dec 2022 Judge: CHARLESWORTH J |
79. Furnell v SEPL Pty Ltd [2022] FCA 1603
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement - whether proposed settlement fair and reasonable as between the parties and as between group members - settlement sum to include a capped amount for the applicants' costs - whether |
| Date: 13 Dec 2022 Judge: CHARLESWORTH J |
80. Wilson, on behalf of the Wirangu People v State of South Australia (No 2) [2022] FCA 1460
| NATIVE TITLE - application for determinations of native title by consent under s 87A of the Native Title Act 1993 (Cth) - whether the proposed determination is within the power of the Court - whether it is appropriate to make the determination - |
| Date: 8 Dec 2022 Judge: CHARLESWORTH J |
81. Schoneweiss v The Fourth Force Pty Ltd (No 2) [2022] FCA 1489
| REPRESENTATIVE PROCEEDINGS - approved settlement providing for the payment of lead applicant's costs out of settlement sum before distribution of remainder - costs equalisation order - assessment of costs - opinion of independent cost consultant |
| Date: 28 Nov 2022 Judge: CHARLESWORTH J |
82. Thomas v Romeo Lockleys Asset Partnership (No 3) [2022] FCA 1455
| REPRESENTATIVE PROCEEDINGS - Administrator of distribution scheme appointed by the Court - Administrator granted liberty to apply - Administrator seeking orders premised on an allegation that the respondents are in breach of approved settlement |
| Date: 15 Nov 2022 Judge: CHARLESWORTH J |
83. Australia Bay Seafoods Pty Ltd v Northern Territory of Australia [2022] FCAFC 180
| ADMINISTRATIVE LAW - appeal against order setting aside originating application seeking judicial review on the basis that the application did not raise any "matter" within the meaning of s 39B of the Judiciary Act 1903 (Cth) - whether claims made |
| Date: 14 Nov 2022 Judge: BESANKO, CHARLESWORTH AND O'BRYAN JJ |
84. Tax Practitioners Board v Buckland [2022] FCA 1376
| PRACTICE AND PROCEDURE - service on a person in a foreign country - whether leave to serve should be granted - whether upon the grant of leave the Court may make an order for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) - |
| Date: 3 Nov 2022 Judge: CHARLESWORTH J |
85. Lim v Flinders University of South Australia [2022] FCA 1361
| APPEAL AND NEW TRIAL - application for an extension of time in which to commence an appeal - self-represented litigant - delay in commencing the appeal a consequence of the applicant's choices in the use of her time - explanation inadequate in part - |
| Date: 27 Oct 2022 Judge: CHARLESWORTH J |
86. Obel v Central Desert Regional Council [2022] FCA 1355
| PRACTICE AND PROCEDURE - whether respondent's defence contains sufficient admissions to warrant summary judgment for the applicant in respect of some or all of his claims - whether the applicant should be granted judgment by virtue of defaults |
| Date: 24 Oct 2022 Judge: CHARLESWORTH J |
| MIGRATION - judicial review of decision of the Minister to cancel the applicant's visa in the exercise of the power conferred under s 501BA(2) of the Migration Act 1958 (Cth) including on the grounds that cancellation was in the national interest - |
| Date: 12 Oct 2022 Judge: CHARLESWORTH J |
88. Schoneweiss v The Fourth Force Pty Ltd [2022] FCA 1236
| PRACTICE AND PROCEDURE- application for approval of settlement of a representative proceeding under s 33V of the Federal Court of Australia Act 1976 (Cth) - where applicant and Group Members allege contraventions of the Fair Work Act 2009 (Cth) - |
| Date: 6 Oct 2022 Judge: CHARLESWORTH J |
89. Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276
| Date: 6 Oct 2022 Judge: CHARLESWORTH J |
90. Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169
| PRACTICE AND PROCEDURE - appeal from orders - where primary judge adjourned trial part-heard and made order for appointment of litigation guardian - where terms of appointment included that appellant obliged to identify litigation guardian and |
| Date: 23 Sep 2022 Judge: RANGIAH, CHARLESWORTH AND BANKS-SMITH JJ |
| MIGRATION - interdependent visa applications made on behalf of a mother and her two children - primary judge giving inadequate reasons for dismissing applications for judicial review from decisions of the Administrative Appeals Tribunal - respondent |
| Date: 20 Sep 2022 Judge: CHARLESWORTH J |
92. Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106
| PRACTICE AND PROCEDURE - application for approval of the settlement of two representative proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) - where lead applicants allege that they did not receive their full entitlements under |
| Date: 19 Sep 2022 Judge: CHARLESWORTH J |
93. Drummond v Canberra Institute of Technology (No 2) [2022] FCAFC 162
| PRACTICE AND PROCEDURE - Application for adjournment of expedited hearing - where adjournment sought on the basis of applicant's asserted unfitness to prepare for hearing - whether interests of justice require adjournment be granted - where |
| Date: 16 Sep 2022 Judge: RANGIAH, CHARLESWORTH AND BANKS-SMITH JJ |
94. Winn v Boss Lawyers Pty Ltd [2022] FCAFC 156
| BANKRUPTCY AND INSOLVENCY - appeal from making of sequestration order - where non-compliance with Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) - where non-compliance formal defect or irregularity - where |
| Date: 12 Sep 2022 Judge: CHARLESWORTH, DOWNES AND GOODMAN JJ |
95. Wong v National Australia Bank Limited [2022] FCAFC 155
| EMPLOYMENT LAW - appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) - where primary judge found that an employer's reasons for taking adverse actions against an employee did not include the |
| Date: 8 Sep 2022 Judge: KATZMANN, CHARLESWORTH AND O'SULLIVAN JJ |
96. Ogawa v Finance Minister [2022] FCAFC 145
| ADMINISTRATIVE LAW - appeal from orders dismissing an application for judicial review of a decision of the Finance Minister - Finance Minister refusing to waive a debt owed by the appellant to the Commonwealth - whether primary judge erred in |
| Date: 31 Aug 2022 Judge: CHARLESWORTH, THAWLEY AND GOODMAN JJ |
97. Australian Securities and Investments Commission v MobiSuper Pty Limited [2022] FCA 990
| CONSUMER LAW - defendants operating and promoting a superannuation fund with insurance benefits - defendants and their representatives soliciting the custom of consumers - defendants promoting superannuation fund by offering to locate consumers' |
| Date: 26 Aug 2022 Judge: CHARLESWORTH J |
| MIGRATION - visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) - Minister's delegate refusing to revoke the cancellation decision - non-revocation decision affirmed on review by the Administrative Appeals Tribunal - primary judge |
| Date: 25 Aug 2022 Judge: CHARLESWORTH, ANDERSON AND ROFE JJ |
| MIGRATION - cancellation of ex-citizen visa under s 501(2) discretion - United Kingdom - five offences over 21 years - indecent treatment of children - 2.5 year custodial sentence - 16 years between release from prison and visa cancellation - |
| Date: 22 Aug 2022 Judge: LOGAN, CHARLESWORTH AND THOMAS JJ |
100. Hillier v Martin (No 12) [2022] FCA 952
| PRACTICE AND PROCEDURE - application for an order under r 7.32(1) of the Federal Court Rules 2011 (Cth) - applicant seeking to restrain respondents from making payments or causing payments to be made to the first respondent or her associates - |
| Date: 17 Aug 2022 Judge: CHARLESWORTH J |
