Browse Federal Court JudgmentsBy Judge - Cheeseman J |
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J)
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| CORPORATIONS – voluntary administration – application by administrator for a further extension of the time within which to convene the second meeting of creditors under s 447A of the Corporations Act 2001 (Cth) – application for ancillary |
| Date: 10 Apr 2025 Judge: CHEESEMAN J |
2. Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
| COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – |
| Date: 10 Apr 2025 Judge: CHEESEMAN, JACKMAN AND OWENS JJ |
| CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial |
| Date: 9 Apr 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
| BANKRUPTCY AND INSOLVENCY – cross-border insolvency – where Cayman Islands insolvency proceedings – where application for recognition as a foreign proceeding and foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border |
| Date: 4 Apr 2025 Judge: CHEESEMAN J |
5. Mangano v Bullen [2025] FCAFC 42
| BANKRUPTCY AND INSOLVENCY – appeal from a sequestration order – where appeal by way of rehearing – where primary judge was not satisfied that debtor had discharged her onus to prove that she was able to pay her debts within the meaning of s |
| Date: 2 Apr 2025 Judge: CHEESEMAN, SHARIFF AND NEEDHAM JJ |
6. Fairfield Pastoral Holdings as the trustee of the Piney Ridge Trust v Van Niekerk [2025] FCAFC 25
| ESTOPPEL – Res judicata – issue estoppel – Anshun estoppel – where primary judge concluded that Anshun preclusion doctrine prevented claim being raised in subsequent proceedings – where leave had previously been granted to raise claim in |
| Date: 12 Mar 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
7. Patel v Pleash (No 2) [2025] FCA 154
| CORPORATIONS – orders giving effect to reasons – additional tender – additional issue determined on the papers |
| Date: 5 Mar 2025 Judge: CHEESEMAN J |
8. Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) [2025] FCA 151
| CORPORATIONS – urgent interlocutory application by the defendants and two named persons seeking to set aside ex parte orders by which provisional liquidators were appointed to three companies and interim receivers were appointed to another |
| Date: 28 Feb 2025 Judge: CHEESEMAN J |
9. Patel v Pleash [2025] FCA 77
| CORPORATIONS - validity of the appointment of administrator pursuant to s 436C of the Corporations Act 2001 (Cth) - where administrator did not take appropriate steps to be satisfied the power in s 436C was engaged prior to accepting the appointment |
| Date: 14 Feb 2025 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE - application on the papers to vary timetable for reference to inquire into lump sum costs determinations by Judicial Registrar acting as a Referee - no question of principle - application successful in limited respect. |
| Date: 17 Jan 2025 Judge: CHEESEMAN J |
| CORPORATIONS - application for appointment of an additional (special purpose) liquidator - where the proposed special purpose liquidator is the general purpose liquidator of other related corporate entities - where the proposed special purpose |
| Date: 9 Jan 2025 Judge: CHEESEMAN J |
12. Hurst-Meyers v Hoy [2024] FCA 1499
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit and Family Court of Australia - where the primary judge dismissed an application for review of a sequestration order made by a Registrar - where appeal by way of rehearing - |
| Date: 20 Dec 2024 Judge: CHEESEMAN J |
13. Pleash v Bezel Pty Ltd [2024] FCA 1440
| CORPORATIONS - application by company and its liquidator to recover loans made to related companies - where sole director of the related companies purportedly executed deeds of forgiveness in relation to the loans - whether loans to be construed so |
| Date: 13 Dec 2024 Judge: CHEESEMAN J |
14. Seven Network (Operations) Limited v Greiss [2024] FCAFC 162
| DEFAMATION - where journalist tweeted and media organisation reported that the respondent stared down the complainant and spat at or towards her outside courthouse - where appellants pleaded defences of substantial truth, contextual truth and honest |
| Date: 11 Dec 2024 Judge: LEE, CHEESEMAN AND JACKMAN JJ |
15. Ferdinands v Registrar Burns (Vexatious Proceedings Order) [2024] FCAFC 157
| HIGH COURT AND FEDERAL COURT - vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - where the applicant has instituted or sought to institute numerous proceedings in this and other courts over prolonged |
| Date: 9 Dec 2024 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
16. Murabito v Westview Frames and Trusses (NSW) Pty Ltd [2024] FCA 1385
| PRACTICE AND PROCEDURE - application to dismiss appeal for want of prosecution and/or failure to comply with directions of the Court - where appellant has repeatedly failed to comply with the timetable entered by the Court, including where |
| Date: 5 Dec 2024 Judge: CHEESEMAN J |
17. Roadshow Films Pty Limited v Telstra Limited [2024] FCA 1388
| COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) - Held: site blocking and related orders made |
| Date: 3 Dec 2024 Judge: CHEESEMAN J |
18. Tkatschenko v Minister for Immigration and Multicultural Affairs [2024] FCA 1357
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) |
| Date: 25 Nov 2024 Judge: CHEESEMAN J |
| COSTS - applications for lump sum determinations -where existing costs orders made in a suite of related primary and appeal proceedings - where primary judge retired - where application for lump sum determination made after special leave |
| Date: 21 Nov 2024 Judge: CHEESEMAN J |
20. Spruson & Ferguson Pty Ltd v Gennochio [2024] FCA 1227
| COSTS - determination of two separate review applications in relation to Registrar's decisions on costs relating to (1) a preliminary discovery application and (2) the costs of and incidental to providing preliminary discovery and production - Held: |
| Date: 22 Oct 2024 Judge: CHEESEMAN J |
21. XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 131
| MIGRATION - appeal from decision of primary judge -judicial review of decision of Administrative Appeals Tribunal to affirm decision not to revoke mandatory visa cancellation - whether primary judge erred by failing to find that the Tribunal's |
| Date: 11 Oct 2024 Judge: MARKOVIC, CHEESEMAN and HORAN JJ |
22. Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Liability) [2024] FCA 1176
| EQUITY -- audacious fraud perpetrated against four financiers - collective advance by financiers of about $500 million to companies in the consolidated Forum group and to a related company incorporated in New Zealand - advances made pursuant to |
| Date: 11 Oct 2024 Judge: CHEESEMAN J |
23. Trafford-Jones v Liu, in the matter of the bankrupt estate of Liu [2024] FCA 998
| PRACTICE AND PROCEDURE - application for freezing and ancillary orders against third parties pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) and r 7.32 of the Federal Court Rules 2011 (Cth) - where bankrupts' major creditors are |
| Date: 2 Sep 2024 Judge: CHEESEMAN J |
| CORPORATIONS - application for extension of convening period for second meetings of creditors under s 439A of the Corporations Act 2001 (Cth) - application for limitation of administrators' personal liability in respect of a confidential deed of |
| Date: 23 Aug 2024 Judge: CHEESEMAN J |
25. Ferdinands v Registrar Burns [2024] FCAFC 105
| ADMINISTRATIVE LAW - concurrent appeals - where appellant lodged documents for filing on two separate occasions - where a Registrar on each occasion refused under r 2.26 of the Federal Court Rules 2011 (Cth) to accept the documents for filing - |
| Date: 21 Aug 2024 Judge: CHEESEMAN, GOODMAN, MCEVOY JJ |
| CORPORATIONS - application by administrators for orders pursuant to s 439A(6) and s 477A(1) of the Corporations Act 2001 (Cth) - where administrators seek two month extension of convening period for second meeting of creditors of each of the |
| Date: 20 Aug 2024 Judge: CHEESEMAN J |
| CORPORATIONS -- where "shelf order" sought under s 588FF(3) of the Corporations Act 2001 (Cth) to extend time for making an application under s 588FF(1) of the Corporations Act -- where extension sought is limited to 5 months -- whether to extend |
| Date: 7 Aug 2024 Judge: CHEESEMAN J |
28. Spall v Minister for Home Affairs [2024] FCA 849
| MIGRATION - Appeal on question of law from decision of the Administrative Appeals Tribunal pursuant to s 44 of Administrative Appeals Tribunal Act 1975 (Cth) where Tribunal affirmed the decision of Minister for Home Affairs to revoke the Appellant's |
| Date: 2 Aug 2024 Judge: CHEESEMAN J |
29. Shapkin v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 681
| MIGRATION - application for judicial review of decisions of a Delegate of the Minister and the Administrative Appeals Tribunal to refuse application for citizenship by conferral under s 24(1) of the Citizenship Act 2007 (Cth) - whether all general |
| Date: 25 Jun 2024 Judge: CHEESEMAN J |
| CORPORATIONS - application by liquidator for judicial direction under s 90-15 Schedule 2 - Insolvency Practice Schedule (Corporations) 2016 to the Corporations Act 2001 (Cth) - where direction confined to limited effect of affording protection to |
| Date: 21 Jun 2024 Judge: CHEESEMAN J |
31. Veale v Coleman [2024] FCAFC 83
| BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - foreign currency judgment debt - where bankruptcy notice includes incorrect date for conversion of foreign currency |
| Date: 20 Jun 2024 Judge: MARKOVIC, HALLEY AND CHEESEMAN JJ |
32. Lee v Dentons Australia Limited [2024] FCA 622
| BANKRUPTCY AND INSOLVENCY -- application for a review of a Registrar's decision -- whether substituted service orders properly construed excluded the operation of reg 102 of the Bankruptcy Regulations 2021 (Cth) and s 28A of the Acts Interpretation |
| Date: 14 Jun 2024 Judge: CHEESEMAN J |
33. Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68
| CITIZENSHIP - eligibility - citizenship by descent - where applicant for citizenship was born outside Australia - whether the Administrative Appeals Tribunal erred in construing and failing to apply ordinary meaning of the phrase "at the time of the |
| Date: 5 Jun 2024 Judge: WHEELAHAN, CHEESEMAN AND HESPE JJ |
34. Banerjee, in the matter of City Steel Pty Ltd (in liq) [2024] FCA 481
| CORPORATIONS -- "shelf order" sought under s 588F(3) of the Corporations Act 2001 (Cth) to extend time for making an application under s 588FF(1) of the Corporations Act -- where the interested parties have had notice of the claims sought to be |
| Date: 21 May 2024 Judge: CHEESEMAN J |
35. Lawrence, in the matter of Reveal Group Pty Ltd (In Liquidation) [2024] FCA 523
| CORPORATIONS -- application for replacement of liquidator with other liquidators at the same firm pursuant to s 499(3) of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule -- related ancillary orders -- Held: |
| Date: 16 May 2024 Judge: CHEESEMAN J |
36. Brennan v DCA Capital Pty Ltd (No 2) [2024] FCA 507
| CORPORATIONS --application for the issue of an arrest warrant in aid of examination summons -- whether the evidence demonstrated failure to attend for examination without reasonable cause -- whether an order for the issue of an arrest a warrant |
| Date: 1 May 2024 Judge: CHEESEMAN J |
37. Deputy Commissioner of Taxation v AGJ Businesses Pty Ltd [2024] FCA 400
| CORPORATIONS -- where winding up orders have been made and the director of the company in liquidation purports to apply in the company's name to set aside those orders pursuant to s 482 of the Corporations Act 2001 (Cth), s 35A of the Federal Court |
| Date: 18 Apr 2024 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE - application for non-publication/ suppression orders - where the evidence sought to be suppressed is a confidential settlement deed - whether orders are necessary to prevent prejudice to the proper administration of justice -- |
| Date: 3 Apr 2024 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE - where plaintiffs seek orders for substituted service on defendant - Held: orders for substituted service made |
| Date: 21 Mar 2024 Judge: CHEESEMAN J |
| CORPORATIONS -- reinstatement - application for reinstatement of registration of deregistered company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where purpose of proposed reinstatement is to allow company to pursue litigation - |
| Date: 6 Mar 2024 Judge: CHEESEMAN J |
41. Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14
| APPEAL - appeal from dismissal of judicial review application challenging Registrar's decision not to accept interlocutory application (and other documents) for filing - documents not accepted for filing on the basis that the appellate jurisdiction |
| Date: 20 Feb 2024 Judge: THAWLEY, CHEESEMAN AND SHARIFF JJ |
| MIGRATION - application for extension of time to file and serve notice of appeal - where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) rejecting an application for revocation of a |
| Date: 15 Feb 2024 Judge: SNADEN, ABRAHAM AND CHEESEMAN JJ |
43. Naidenov, in the matter of AJW Interiors and Constructions Pty Ltd (in liq) [2024] FCA 25
| CORPORATIONS -- whether to grant approval pursuant to s 477(2A) of the Corporations Act 2001 (Cth) in respect of a Deed of Settlement and Release entered into by a liquidator on behalf of a company in liquidation -- whether to grant approval nunc |
| Date: 25 Jan 2024 Judge: CHEESEMAN J |
44. Australian Securities and Investments Commission v Daly (Penalty Hearing) [2024] FCA 3
| CORPORATIONS -- civil penalty proceedings -- penalty phase -- duties of officers of responsible entity of a registered managed investment scheme -- where respondents found to have breached duties owed pursuant to s 601FD(1) and thereby breached s |
| Date: 10 Jan 2024 Judge: CHEESEMAN J |
45. Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188
| INSURANCE - determination of separate question - leave to appeal - whether relief sought advisory or hypothetical - construction of design and construction professional indemnity insurance policy - whether insuring clause limited to claims for civil |
| Date: 1 Dec 2023 Judge: LEE, STEWART AND CHEESEMAN JJ |
| CORPORATIONS - where relief sought in Further Amended Originating Process overtaken by execution of Amended Deed of Company Arrangement (Amended DOCA) - where Amended DOCA executed following resolution passed at meeting of creditors - whether |
| Date: 29 Nov 2023 Judge: CHEESEMAN J |
47. Hamilton v Meta Platforms, Inc. (Costs) [2023] FCA 1496
| COSTS - where proceeding permanently stayed - where the applicant sought an order under s 82(4) of the Competition and Consumer Act 2010 (Cth) (CCA) (NACO) - where the application for the NACO has not been determined - where the application for a |
| Date: 29 Nov 2023 Judge: CHEESEMAN J |
48. The Epoch Holding Group Pty Ltd v Katz [2023] FCA 1468
| COSTS - whether costs order should be made - where, if costs order made, whether costs should be payable forthwith following the dismissal of an interlocutory application - where the application concerns access to documents - where the application |
| Date: 24 Nov 2023 Judge: CHEESEMAN J |
49. AJM20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1443
| MIGRATION - application for leave to appeal interlocutory decision of the then Federal Circuit Court of Australia - where application for judicial review summarily dismissed at show cause hearing - whether decision attended by sufficient doubt - |
| Date: 23 Nov 2023 Judge: CHEESEMAN J |
50. Soloman v Official Receiver in Bankruptcy, in the matter of Soloman [2023] FCA 1462
| BANKRUPTCY - statement of affairs - whether to be treated as having been filed at a date earlier than it was actually filed - Held: Application granted. |
| Date: 23 Nov 2023 Judge: CHEESEMAN J |
51. AES20 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1448
| MIGRATION - application for leave to appeal interlocutory decision of the then Federal Circuit Court of Australia - where judicial review application summarily dismissed at show cause hearing - whether decision attended by sufficient doubt - whether |
| Date: 23 Nov 2023 Judge: CHEESEMAN J |
52. XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183
| INSURANCE - indemnity sought pursuant to public and product liability insurance policy - claim in relation to collision of mining equipment with bridge - where parties accepted insuring clause responds to claim - proper construction of "write-backs" |
| Date: 23 Nov 2023 Judge: LEE, STEWART AND CHEESEMAN JJ |
| CORPORATIONS - whether judicial advice should be given pursuant to s 90-15 of the Insolvency Practice Schedule (IPS) as to the proper construction of the Deed of Company Arrangement (DOCA) - whether on proper construction the DOCA has inconsistent |
| Date: 20 Nov 2023 Judge: CHEESEMAN J |
54. EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1414
| MIGRATION - application for leave to appeal decision of the Federal Circuit and Family Court of Australia - where Federal Circuit and Family Court summarily dismissed the applicant's application for judicial review of a decision of the |
| Date: 17 Nov 2023 Judge: CHEESEMAN J |
55. Peck v Australian Automotive Group Pty Ltd [2023] FCA 1413
| CONSUMER LAW - Negligence - where the applicants bring consumer claims against the manufacturer and supplier of a Fiat soft top convertible pursuant to ss 54, 55, 140 and 141 of Sch 2 of the Competition and Consumer Act 2010 (Cth) in respect of |
| Date: 17 Nov 2023 Judge: CHEESEMAN J |
56. AGV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1430
| MIGRATION - application for leave to appeal from interlocutory decision of the then Federal Circuit Court of Australia - where applicant did not appear - Held: application dismissed |
| Date: 16 Nov 2023 Judge: CHEESEMAN J |
57. Hogan v Ma [2023] FCA 1383
| CORPORATIONS - interlocutory application by liquidator of company, which acted solely as trustee of discretionary trust, to be appointed as receiver and manager of the property of the trust - where company disqualified from continuing as trustee |
| Date: 10 Nov 2023 Judge: CHEESEMAN J |
58. AUR23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1349
| COSTS - where the application has been dismissed by consent - where the dismissal follows concessions being made by the first respondent, the Minister - where the concessions made after an independent High Court decision involving analogous |
| Date: 3 Nov 2023 Judge: CHEESEMAN J |
59. Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175
| TRADE MARKS - where appellant's trade mark registered in respect of services comprising (inter alia) issuing halal certifications to businesses and individuals for goods and services if religious and technical requirements are met ("the registered |
| Date: 2 Nov 2023 Judge: NICHOLAS, BURLEY AND CHEESEMAN JJ |
| NATIVE TITLE - application for consent determination - where the Court is satisfied that the order is consistent with the terms of the agreement reached for the purposes of s 87 of the Native Title Act 1993 (Cth) - whether order is within the power |
| Date: 31 Oct 2023 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE - application for stay of proceedings - where criminal proceedings commenced in Magistrates Court of Western Australia in relation to overlapping factual matrix - where related criminal proceedings is a private prosecution - |
| Date: 23 Oct 2023 Judge: CHEESEMAN J |
62. Russell v Desi Nominees Pty Limited [2023] FCA 1249
| EQUITY - where the plaintiff seeks an interlocutory injunction against a grantee from exercising a power of sale arising from a guarantee - where the contract giving rise to the power of sale is alleged to be liable to be set aside in accordance |
| Date: 18 Oct 2023 Judge: CHEESEMAN J |
63. Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 3) [2023] FCA 1174
| PRACTICE AND PROCEDURE - miscellany of interlocutory applications in relation to: amendment of pleading |
| Date: 4 Oct 2023 Judge: CHEESEMAN J |
64. Hamilton v Meta Platforms, Inc. [2023] FCA 1148
| PRACTICE AND PROCEDURE - application to permanently stay proceedings under s 23 of the Federal Court of Australia Act 1976 (Cth) or r 1.23 of the Federal Court Rules 2011 (Cth) - where the representative applicant is self-represented - where the |
| Date: 29 Sep 2023 Judge: CHEESEMAN J |
65. Krejci, in the matter of Union Standard International Group Pty Limited (No 8) [2023] FCA 1054
| CORPORATIONS - application by liquidators for orders under s 90-15 Schedule 2 - Insolvency Practice Schedule (Corporations) 2016 to the Corporations Act 2001 (Cth) or s 63 of the Trustee Act 1925 (NSW) - where orders sought include judicial guidance |
| Date: 18 Sep 2023 Judge: CHEESEMAN J |
| CORPORATIONS - application for leave to transfer existing shares in applicant Company pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) - where Company subject to deed of company arrangement (DOCA) - where share transfer is a condition |
| Date: 24 Aug 2023 Judge: CHEESEMAN J |
67. Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 3) [2023] FCA 977
| CORPORATIONS - application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) - where proposed agreement amends an earlier funding agreement for which Court approval was given |
| Date: 17 Aug 2023 Judge: CHEESEMAN J |
68. Moss v Contracoin Pty Ltd [2023] FCA 976
| CONTRACT -- interlocutory application - whether parties entered into a binding contract to settle the proceedings on certain terms - whether payment obligation in Calderbank offer intended by the parties to be immediately binding upon acceptance or |
| Date: 17 Aug 2023 Judge: CHEESEMAN J |
69. CAF19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 937
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where appeal ground raises a new point for the first time on appeal - where ground relies on High Court decision handed down after the primary judgment was delivered - |
| Date: 15 Aug 2023 Judge: CHEESEMAN J |
70. Priest, in the matter of Brikar Nominees Pty Ltd (in liquidation) [2023] FCA 910
| CORPORATIONS - liquidation - where company in liquidation acted solely in its capacity as trustee and held property on that basis - where company rendered bare trustee upon appointment of liquidator - application for orders relieving liquidator from |
| Date: 4 Aug 2023 Judge: CHEESEMAN J |
71. Australian Securities and Investments Commission v Valvo [2023] FCA 895
| PRACTICE AND PROCEDURE -- joint application by parties for suppression orders over parts of originating process and affidavit -- where first hearing for ex parte interim relief determined -- where affidavit read in open court on ex parte application |
| Date: 2 Aug 2023 Judge: CHEESEMAN J |
| COSTS - determination of costs of and incidental to appeal - where appeal allowed - where appellants' interlocutory application dismissed and costs awarded to respondents - whether to apportion costs of appeal and costs in the court below between |
| Date: 28 Jul 2023 Judge: FARRELL, CHEESEMAN AND FEUTRILL JJ |
73. AHN19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 802
| MIGRATION - appeal from decision of the Federal Circuit Court (now the Federal Circuit and Family Court) - application for safe haven enterprise visa - where Immigration Assessment Authority affirmed a decision of the delegate of the Minister not to |
| Date: 14 Jul 2023 Judge: CHEESEMAN J |
74. Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110
| CORPORATIONS - deed of company arrangement - application to terminate deed of company arrangement pursuant to s 445D(1) of the Corporations Act 2001 (Cth) - where primary judge not satisfied discretion to terminate deed of company arrangement (DOCA) |
| Date: 14 Jul 2023 Judge: FARRELL, CHEESEMAN AND FEUTRILL J |
75. Griffiths, in the matter of Armorgalv (Aust) Pty Limited (Administrator Appointed) [2023] FCA 752
| CORPORATIONS -- application by administrator to extend the length of an adjournment of a second creditors' meeting -- where purpose of extension is to facilitate completion of sale of business -- where only secured creditors and priority creditors |
| Date: 5 Jul 2023 Judge: CHEESEMAN J |
76. von Bernstorff v Balamara Resources Limited [2023] FCA 757
| CORPORATIONS -- application by company director to access books and records of respondent company -- where applicant has requested books and records from company and other directors but records not made available -- where respondent company does not |
| Date: 4 Jul 2023 Judge: CHEESEMAN J |
77. BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101
| PRACTICE AND PROCEDURE - Appeal from interlocutory orders to strike out parts of the appellant's amended statement of claim - where summary judgment was given in favour of the respondent in respect of the causes of action arising from those |
| Date: 29 Jun 2023 Judge: RANGIAH, BROMWICH AND CHEESEMAN JJ |
78. Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694
| BANKRUPTCY AND INSOLVENCY -- application in respect of a PPSA security interest granted by company in liquidation after appointment of liquidators and registered on the Personal Property Securities Register (PPSR) thereafter -- where declaration is |
| Date: 26 Jun 2023 Judge: CHEESEMAN J |
79. Hanna v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2023] FCA 695
| COSTS - where appeal dismissed - where administrative missteps on part of the Tribunal adversely impacted the limited time within which the appellant could make a valid application for merits review - whether first respondent should be ordered to |
| Date: 23 Jun 2023 Judge: CHEESEMAN J |
80. Mansfield (trustee) v Yang, In the matter of Yang [2023] FCA 691
| BANKRUPTCY AND INSOLVENCY - discharge of freezing order - where the application for the discharge of freezing order was made in interlocutory application filed in a separate proceeding - Held: Orders made discharging freezing orders. |
| Date: 22 Jun 2023 Judge: CHEESEMAN J |
| BANKRUPTCY AND INSOLVENCY - application by liquidators of corporate trustee rendered a bare trustee by operation of an ipso facto clause in the trust deed and by receivers and manager of the assets of the trust in relation to: joinder of additional |
| Date: 22 Jun 2023 Judge: CHEESEMAN J |
82. Hanna v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 604
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal formed view it had no jurisdiction to review refusal of medical treatment visa - where application for review not accompanied by a |
| Date: 13 Jun 2023 Judge: CHEESEMAN J |
83. Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88
| COSTS - question of costs reserved after appeal proceedings - where costs of proceedings before the Federal Circuit and Family Court of Australia (Division 2) are to be determined due to a costs order being set aside for clarity reasons - whether |
| Date: 7 Jun 2023 Judge: BROMWICH, CHEESEMAN, MCEVOY JJ |
84. Yuanda Australia Pty Limited v Dawson [2023] FCA 551
| PRACTICE AND PROCEDURE -- application to strike out statement of claim with leave to re-plead -- when allegations of a serious nature are made -- whether pleading is evasive or ambiguous -- whether pleading is likely to cause prejudice or |
| Date: 31 May 2023 Judge: CHEESEMAN J |
85. Silva, in the matter of Alon Pty Ltd (in liquidation) [2023] FCA 547
| CORPORATIONS -- competing applications to be appointed as receivers and managers to trust assets -- where originating process brought by liquidators of trustee company and competing interlocutory application brought by interested party -- where |
| Date: 30 May 2023 Judge: CHEESEMAN J |
| CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the convening period for second creditors meetings of six related companies and for ancillary orders - where receivers and managers appointed by senior secured |
| Date: 11 May 2023 Judge: CHEESEMAN J |
87. New Aim Pty Ltd v Leung [2023] FCAFC 67
| EQUITY - confidential information - where the appellant conducted online retail business and sourced products from China - where the first respondent was employee of appellant until resignation - where the first respondent kept contact details of |
| Date: 10 May 2023 Judge: KENNY, MOSHINSKY, BANKS-SMITH, THAWLEY AND CHEESEMAN JJ |
88. Walker, in the matter of Plumbfirst Pty Ltd (Administrators Appointed) [2023] FCA 441
| CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the convening period for second creditors meeting and related orders - whether basis for extension and estimate of time required is reasonable - whether any |
| Date: 8 May 2023 Judge: CHEESEMAN J |
89. Credit Suisse AG v Gu (Strike Out and Amendment) [2023] FCA 407
| PRACTICE AND PROCEDURE - where cross-claimants seek to strike out certain paragraphs of the defence of a cross-respondent - where in response the cross-respondent seeks leave to amend its defence to the cross-claim - whether proposed amendments |
| Date: 5 May 2023 Judge: CHEESEMAN J |
90. Landcon Civil Pty Ltd (in liq) v Taleb (Default Judgment) [2023] FCA 323
| PRACTICE AND PROCEDURE - application for default and/or summary judgment - where respondents have failed to file notice of address for service or appear at listings until hearing of application for default and/or summary judgment - where originating |
| Date: 20 Apr 2023 Judge: CHEESEMAN J |
91. Knight Watch Security Pty Limited v Aussie Broadband Limited [2023] FCA 344
| PRACTICE AND PROCEDURE - application for preliminary discovery under r 7.22 of the Federal Court Rules 2011 (Cth) of identifying information relating to an IP address operated by respondent - where purpose of discovery to ascertain identity of user(s |
| Date: 18 Apr 2023 Judge: CHEESEMAN J |
92. Australian Securities and Investments Commission v Daly (Liability Hearing) [2023] FCA 290
| CORPORATIONS - civil penalty proceedings - liability phase - duties of officers of responsible entity of a registered managed investment scheme - whether first respondent is an "officer" of the responsible entity for the purposes of the Corporations |
| Date: 3 Apr 2023 Judge: CHEESEMAN J |
93. GCTR Investments Pty Ltd v DJD Family Holdings [2023] FCA 260
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where respondents have failed to file defence - Held: relief granted. |
| Date: 16 Mar 2023 Judge: CHEESEMAN J |
94. Moss v Contracoin Pty Ltd [2023] FCA 125
| PRACTICE AND PROCEDURE - application to transfer proceedings from the New South Wales Registry of the Court to the Queensland Registry pursuant to r 2.02 of the Federal Court Rules 2011 (Cth) and s 48 of the Federal Court of Australia Act 1976 (Cth) |
| Date: 27 Feb 2023 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE - service outside Australia pursuant to r 10.44 of the Federal Court Rules 2001 (Cth) - where the plaintiffs seek leave to serve documents on five individuals residing outside Australia - where four of the individuals reside |
| Date: 16 Feb 2023 Judge: CHEESEMAN J |
96. Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205
| COSTS - costs of the appeal - application by interested persons for indemnity costs - application by appellant for indemnity costs and Bullock order - applicable principles in the context of a successful appeal but where the proceeding is to be |
| Date: 22 Dec 2022 Judge: Allsop CJ, O'Bryan and Cheeseman JJ |
97. Perfecto v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1491
| MIGRATION - application for leave to appeal from the Federal Circuit Court of Australia - where applicant held a student visa which was cancelled for non-compliance with enrolment condition - where applicant outside migration zone at time of |
| Date: 13 Dec 2022 Judge: CHEESEMAN J |
| CORPORATIONS - scheme of arrangement - second court hearing - where approval of scheme sought pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) - where effect of the proposed Scheme, if implemented, is to redomicile the CTR Group from |
| Date: 12 Dec 2022 Judge: CHEESEMAN J |
| CONSUMER LAW - Water Efficiency Labelling and Standards (WELS) scheme - contravention of civil penalty provisions - where three solvent respondents admit contraventions - where two insolvent respondents deemed to have admitted contraventions - where |
| Date: 9 Dec 2022 Judge: CHEESEMAN J |
100. Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194
| MIGRATION - appeal from decision of the Federal Court of Australia - where primary judge dismissed application for judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 |
| Date: 8 Dec 2022 Judge: MARKOVIC, CHEESEMAN AND HESPE JJ |
