Browse Federal Court JudgmentsBy Judge - Cheeseman J |
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(Cheeseman
J)
: 271
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1. Eaton v Depuy International Ltd (No 2) [2026] FCAFC 76
| PRACTICE AND PROCEDURE – court orders – variation of orders – accidental slip – whether ambiguous – orders not reflecting intention of the court – reconciling orders |
| Date: 27 May 2026 Judge: MURPHY, CHEESEMAN AND SHARIFF JJ |
2. Shaw v The Official Trustee in Bankruptcy (No 2) [2026] FCAFC 61
| COSTS – appeal to Full Court dismissed – costs orders made against appellant – subsequent application by respondent to vary costs orders under r 39.04 of the Federal Court Rules 2011 (Cth) – whether respondent can claim those costs as a cost |
| Date: 7 May 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
3. Sozou (Liquidator), in the matter of Comm TC Pty Ltd (in liq) [2026] FCA 532
| CORPORATIONS – application by liquidators under s 588FF(3)(b) of the Corporations Act 2001 (Cth) for extension of time for making any application under s 588FF(1) – identified and unidentified potential voidable transaction claims – where |
| Date: 1 May 2026 Judge: CHEESEMAN J |
4. Credit Suisse AG v Gu (No 3) [2026] FCA 439
| BANKRUPTCY AND INSOLVENCY – avoidance of transfer of property – mortgage – s 121 of the Bankruptcy Act 1966 (Cth) – purpose to defeat creditors – transferee’s good faith defence – value of consideration – s 121(5) restitution – |
| Date: 17 Apr 2026 Judge: CHEESEMAN J |
5. Dayforce Australia Pty Ltd, in the matter of Dayforce Australia Pty Ltd [2026] FCA 409
| CORPORATIONS – application under s 1322(4) of the Corporations Act 2001 (Cth) – where relief in relation to non-compliance with the Act, ASIC Corporations (Wholly-owned Companies) Instrument 2016/785 and ASIC pro formas – whether requirements |
| Date: 9 Apr 2026 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE – competing contested interlocutory applications for leave to amend pleadings – where amendment to plaintiffs’ originating process and pleading requires joinder of new plaintiffs – where plaintiffs comprise the |
| Date: 9 Apr 2026 Judge: CHEESEMAN J |
7. Shaw v The Official Trustee in Bankruptcy [2026] FCAFC 32
| BANKRUPTCY AND INSOLVENCY – administration of bankrupt estate – supervisory jurisdiction of the Federal Court – application for inquiry into trustee’s conduct under Insolvency Practice Schedule (Bankruptcy) ss 90-10 and 90-15 – where broad |
| Date: 27 Mar 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
8. Eaton v DePuy International Ltd [2026] FCAFC 33
| CONTRACTS – contractual arrangements recording terms of settlement scheme of representative proceedings – where contractual arrangements make provision for dispute between parties to be resolved by third-party decision maker – where appeal to |
| Date: 27 Mar 2026 Judge: MURPHY, CHEESEMAN AND SHARIFF JJ |
9. Page v Conneely, in the matter of Shyzi Pty Ltd (Final relief) [2026] FCA 294
| CORPORATIONS – declaratory and other relief – where parties in dispute as to final orders to give effect to reasons for judgment – no issue of principle. Held: orders made. |
| Date: 19 Mar 2026 Judge: CHEESEMAN J |
10. Patel v Minister for Immigration and Citizenship [2026] FCA 225
| MIGRATION – where refusal of Employer Nomination (subclass 187) visa to applicant employee and his family members – where employer’s nomination refused – where nomination application by employer and visa applications were interdependent – |
| Date: 9 Mar 2026 Judge: CHEESEMAN J |
11. Begum v Minister for Immigration and Citizenship [2026] FCA 227
| MIGRATION – where refusal of Employer Nomination (subclass 187) visa to applicant employee and her family members – where employer’s nomination withdrawn – where nomination application by employer and visa applications were interdependent |
| Date: 9 Mar 2026 Judge: CHEESEMAN J |
12. Shah v Minister for Immigration and Citizenship [2026] FCA 226
| MIGRATION – where refusal of Employer Nomination (subclass 186) visa to applicant employee and his family members – where employer’s nomination refused – where nomination application by employer and visa applications were interdependent – |
| Date: 9 Mar 2026 Judge: CHEESEMAN J |
13. Rosemont Capital Investments Pty Ltd v Weinberg [2026] FCA 224
| TRUSTS – whether payment subject to trust of the character described in Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 – whether objective mutual intention was for funds to be used for specific and exclusive purpose of |
| Date: 9 Mar 2026 Judge: CHEESEMAN J |
14. Vinall v Bank of Western Australia Limited trading as Bankwest (No 2) [2026] FCA 172
| PRACTICE AND PROCEDURE – application for pseudonym and non-publication orders pursuant to ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – whether order is necessary to prevent prejudice to the proper administration of |
| Date: 26 Feb 2026 Judge: CHEESEMAN J |
15. Dang, in the matter of JMJ Cosmetic Pty Ltd v Mansfield (Liquidator) (Costs) [2026] FCA 159
| COSTS – application by liquidator and the company for costs on an indemnity basis, or alternatively on an ordinary basis – where plaintiff granted approval under s 198G(3)(b) of the Corporations Act 2001 (Cth) to cause company in liquidation to |
| Date: 25 Feb 2026 Judge: CHEESEMAN J |
16. Hung v Minister for Immigration and Citizenship [2026] FCA 148
| MIGRATION – application for judicial review of Administrative Review Tribunal decision – where Tribunal affirmed Minister’s decision not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether |
| Date: 25 Feb 2026 Judge: CHEESEMAN J |
17. Vinall v Bank of Western Australia Limited trading as Bankwest [2026] FCA 143
| COMMERCIAL AND CORPORATIONS – urgent duty application for interim injunctive relief – where applicant seeks to injunct the first respondent from reporting financial hardship information under Part III of the Privacy Act 1988 (Cth) – where |
| Date: 20 Feb 2026 Judge: CHEESEMAN J |
18. Dang, in the matter of JMJ Cosmetic Pty Ltd v Mansfield (Liquidator) [2026] FCA 5
| CORPORATIONS – urgent application for an order pursuant to s 198G(3)(b) of the Corporations Act 2001 (Cth) seeking approval to cause company in liquidation to apply to the Court for review of a Registrar’s decision to wind up the company in |
| Date: 18 Feb 2026 Judge: CHEESEMAN J |
19. Lumina BPO Pty Ltd v Cocoon Data Technologies Pty Ltd [2026] FCA 116
| CONTRACTS – where existence of commercial contract not in dispute – whether contract made with a sole counterparty or with multiple counterparties where all potential counterparties part of corporate group – objective construction of contract |
| Date: 18 Feb 2026 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE – interlocutory application to restrain liquidators from taking further steps to terminate winding up and obtain approval of their remuneration in the Supreme Court of New South Wales – whether the Supreme Court of New |
| Date: 13 Feb 2026 Judge: CHEESEMAN J |
21. QB4 Capital Pty Ltd, in the matter of an application by QB4 Capital Pty Limited [2026] FCA 62
| CORPORATIONS – urgent application for appointment of special purpose receivers to investigate, preserve, and if appropriate commence or assign causes of action – where limitation period expires tomorrow – where interested party opposes the |
| Date: 5 Feb 2026 Judge: CHEESEMAN J |
22. Kaufline v Parkins [2026] FCA 53
| PRACTICE AND PROCEDURE – pleadings – where the second respondent seeks leave to be excused from pleading to certain paragraphs of the amended statement of claim, relying on self-incrimination privilege – whether the second respondent has |
| Date: 4 Feb 2026 Judge: CHEESEMAN J |
23. First Class Securities Limited v Global Future Holdings Pty Ltd (Freezing Orders) [2026] FCA 48
| PRACTICE AND PROCEDURE – application for freezing orders pursuant to r 7.32 of the Federal Court Rules 2011 (Cth) – where ex parte freezing orders and asset disclosure orders have been made against the respondents – whether applicant has |
| Date: 3 Feb 2026 Judge: CHEESEMAN J |
24. Target Australia v Smart Trike (Bifurcation Application) [2026] FCA 6
| PRACTICE AND PROCEDURE – application to separate determination of liability and damages pursuant to Federal Court Rules 2011 (Cth) r 30.01(1) – whether applicant has established that bifurcating the proceeding is consistent with the overarching |
| Date: 16 Jan 2026 Judge: CHEESEMAN J |
25. CMP25 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 199
| MIGRATION – Migration Act 1958 (Cth) – exercise of discretion under s 501BA to override decision of Administrative Appeals Tribunal to revoke visa cancellation – where legal consequences of decision considered but not attributed any weight – |
| Date: 24 Dec 2025 Judge: PERRY, CHEESEMAN AND SHARIFF JJ |
26. Page v Conneely, in the matter of Shyzi Pty Ltd [2025] FCA 1646
| CORPORATIONS – challenge to validity of appointment of receivers to three companies – where appointment made by secured creditor purportedly pursuant to various security agreements – where security agreements formed part of suite of commercial |
| Date: 19 Dec 2025 Judge: CHEESEMAN J |
27. CWU20 v Minister for Immigration and Citizenship [2025] FCA 1445
| MIGRATION – application for extension of time to appeal pursuant to rule 36.05 of the Federal Court Rules 2011 (Cth) – where the then Federal Circuit Court of Australia dismissed application for judicial review of a decision of the Immigration |
| Date: 21 Nov 2025 Judge: CHEESEMAN J |
28. EEF19 v Minister for Immigration and Citizenship [2025] FCA 1444
| MIGRATION – application for extension of time to appeal pursuant to rule 36.05 of the Federal Court Rules 2011 (Cth) – where the then Federal Circuit Court of Australia dismissed application for judicial review of a decision of the Immigration |
| Date: 21 Nov 2025 Judge: CHEESEMAN J |
29. AER20 v Minister for Immigration and Citizenship [2025] FCA 1424
| MIGRATION – application for extension of time to appeal pursuant to rule 36.05 of the Federal Court Rules 2011 (Cth) – where the then Federal Circuit Court of Australia dismissed application for judicial review of a decision of the Immigration |
| Date: 18 Nov 2025 Judge: CHEESEMAN J |
30. DRQ16 v Minister for Immigration and Citizenship [2025] FCA 1416
| MIGRATION – appeal from Federal Circuit Court of Australia – where appellant did not appear at hearing – whether to dismiss appeal under s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court |
| Date: 17 Nov 2025 Judge: CHEESEMAN J |
31. Calpis v Fleming [2025] FCAFC 154
| BANKRUPTCY AND INSOLVENCY – where the appellant has same legal representation as in primary proceeding – where no substantive steps taken in compliance with timetabling orders to ready the appeal for hearing – where appellant on notice of the |
| Date: 6 Nov 2025 Judge: BANKS-SMITH, CHEESEMAN AND STELLIOS JJ |
32. Lo Pilato, in the matter of Barrallier Street Holdings Pty Ltd (in liq) v Waters [2025] FCA 1170
| CORPORATIONS – application to set aside or vary a settlement deed and release – where plaintiffs contend that settlement deed is an arrangement under s 510 of the Corporations Act 2001 (Cth) which does not comply with the requirements of that |
| Date: 23 Sep 2025 Judge: CHEESEMAN J |
33. Thomas v Ejueyitsi [2025] FCA 1167
| BANKRUPTCY – sequestration order – where application for review of sequestration order made by Registrar – where review conducted as a hearing de novo – whether petitioning creditors have established onus to prove matters in s 52(1) of the |
| Date: 22 Sep 2025 Judge: CHEESEMAN J |
34. Lin v One Funds Management Limited (Leave to Appeal) [2025] FCA 1140
| CORPORATIONS – application by a non-party for extension of time to appeal and if granted leave to appeal from Court approval of creditors scheme of arrangement – where non-party applicant sought and obtained leave to appear at the first and |
| Date: 17 Sep 2025 Judge: CHEESEMAN J |
35. RPPL Pty Ltd v Commissioner of Taxation [2025] FCA 1126
| APPEALS – competency – notice of objection to competency of an appeal of a decision of the Administrative Review Tribunal to refuse application under s 14ZZK(a) of the Taxation Administration Act 1953 (Cth) to expand grounds of review of an |
| Date: 12 Sep 2025 Judge: CHEESEMAN J |
36. EUD24 v Minister for Immigration and Citizenship [2025] FCAFC 128
| MIGRATION – primary judge dismissed an application for judicial review of the respondent Minister’s decision under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the then Administrative Appeals Tribunal and cancel the |
| Date: 10 Sep 2025 Judge: CHEESEMAN, OWENS AND HILL JJ |
37. BRL17 v Minister for Immigration and Citizenship [2025] FCA 1083
| MIGRATION – appeal from dismissal of an application for judicial review of a decision not to grant a protection visa – where applications made for leave to adduce additional evidence and advance new grounds of appeal – where Tribunal failed to |
| Date: 5 Sep 2025 Judge: CHEESEMAN J |
38. ALZ18 v Minister for Immigration and Citizenship [2025] FCA 1035
| MIGRATION – appeal from Federal Circuit Court of Australia decision dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate not to grant the appellant a protection visa |
| Date: 29 Aug 2025 Judge: CHEESEMAN J |
39. Latitude Finance Australia v Australian Securities and Investments Commission [2025] FCAFC 124
| CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and |
| Date: 28 Aug 2025 Judge: O'BRYAN, CHEESEMAN AND BENNETT JJ |
| COSTS – application to vary costs orders made following inter partes return hearing of ex parte freezing orders – where orders sought in lieu of orders for plaintiff to pay costs of second, third and fifth defendants – where freezing order was |
| Date: 26 Aug 2025 Judge: CHEESEMAN J |
| CORPORATIONS – members’ scheme of arrangement – second court hearing – application pursuant to s 411 of the Corporations Act 2001 (Cth) to approve scheme of arrangement – Held: scheme approved |
| Date: 15 Aug 2025 Judge: CHEESEMAN J |
42. Lin v One Funds Management Limited (Security for Costs) [2025] FCA 973
| PRACTICE AND PROCEDURE – application for security for costs – where applicant is a natural person ordinarily resident outside of the jurisdiction – where applicant has insufficient assets in the jurisdiction to meet an adverse costs |
| Date: 15 Aug 2025 Judge: CHEESEMAN J |
| CORPORATIONS – application for approval of entry into a second deed of variation of a settlement deed pursuant to section 477(2B) of the Corporations Act 2001 (Cth) – where application is brought in capacity as a liquidator, receiver and manager |
| Date: 14 Aug 2025 Judge: CHEESEMAN J |
44. Platinum Capital Limited, in the matter of Platinum Capital Limited (No 2) [2025] FCA 925
| CORPORATIONS – application under s 1319 of the Corporations Act 2001 (Cth) to cancel a meeting of shareholders convened pursuant to s 411(1) of the Corporations Act – where scheme resolution unlikely to attain requisite approval due to |
| Date: 8 Aug 2025 Judge: CHEESEMAN J |
45. Preston, in the matter of the Forum Group of Companies Pty Ltd (in liq) [2025] FCA 883
| CORPORATIONS – application for judicial advice or direction – distribution of assets realised of various companies affected by large scale fraud – where competing legal and equitable interests in the discrete assets (including proceeds of |
| Date: 1 Aug 2025 Judge: CHEESEMAN J |
| CORPORATIONS – applications by administrators under s 439A(6) of the Corporations Act 2001 (Cth) for an extension of the convening period for the second meeting of creditors of companies and ancillary orders – where companies are engaged |
| Date: 30 Jul 2025 Judge: CHEESEMAN J |
47. Australian Securities and Investments Commission v Wallet Ventures Pty Ltd [2025] FCAFC 93
| CORPORATIONS – meaning of debenture in s 9 of the Corporations Act 2001 (Cth) – where respondent operated a digital currency exchange through which customers could buy and sell certain cryptocurrencies – where respondent also offered a Finder |
| Date: 24 Jul 2025 Judge: STEWART, CHEESEMAN AND MEAGHER JJ |
| CORPORATIONS – extension of convening period for second meetings of creditors of seven companies to 22 October 2025 – Daisytek order permitting administrators to hold second meeting of creditors during, or within five business days after, the |
| Date: 23 Jul 2025 Judge: CHEESEMAN |
49. Qinao Lianchuang (Zhuhai) Development Co. Ltd v Shandong Yulong Gold Co. Ltd [2025] FCA 912
| PRACTICE AND PROCEDURE – application for continuation of freezing and ancillary orders pursuant to rr 7.32 and 7.33 of the Federal Court Rules 2011 (Cth) – where prospective applicant has benefit of arbitration award in foreign jurisdiction – |
| Date: 18 Jul 2025 Judge: CHEESEMAN J |
| CORPORATIONS – application for approval of remuneration and or disbursements of special purpose liquidators – whether remuneration necessarily, properly and proportionately incurred – remit of special purpose liquidators’ appointment |
| Date: 15 Jul 2025 Judge: Cheeseman J |
51. Greenleaf Renewables Pty Ltd, in the matter of Greenleaf Renewables Pty Ltd [2025] FCA 763
| CORPORATIONS – ex parte application to fix later time under s 588FM of the Corporations Act 2001 (Cth) for registration of security interest on the Personal Property Securities Register – where delay of short duration – where delay explained |
| Date: 10 Jul 2025 Judge: CHEESEMAN J |
52. BSF Solutions Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 88
| CONSUMER LAW – appeal from findings of contraventions of the National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 – whether first and second appellants were conducting a shared business model – whether fees charged by second appellant |
| Date: 10 Jul 2025 Judge: ANDERSON, CHEESEMAN AND ROFE JJ |
53. Platinum Asia Investments Limited, in the matter of Platinum Asia Investments Limited [2025] FCA 746
| CORPORATIONS – members’ scheme of arrangement – first court hearing – where orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening of meeting of members of the plaintiff to consider, and if thought fit, agree to a |
| Date: 7 Jul 2025 Judge: CHEESEMAN J |
54. Platinum Capital Limited, in the matter of Platinum Capital Limited [2025] FCA 745
| CORPORATIONS – members’ scheme of arrangement – first court hearing – where orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening of meeting of members of the plaintiff to consider, and if thought fit, agree to a |
| Date: 7 Jul 2025 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE – Referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) and Division 28.6 of the Federal Court Rules 2011 (Cth) to prepare a report for the Court in respect of the quantification of costs |
| Date: 4 Jul 2025 Judge: CHEESEMAN J |
| PRACTICE AND PROCEDURE – application for continuation of freezing and ancillary orders pursuant to rr 7.32, 7.33 and 7.35 of the Federal Court Rules 2011 (Cth) – where freezing orders, asset disclosure orders and search and seizure warrants |
| Date: 3 Jul 2025 Judge: Cheeseman J |
| CONTRACTS – formation of contracts – intention to create legal relations – whether evidence of parties’ intending to be bound by terms – whether agreement as to sufficient terms CONTRACTS – formation of contracts – intention to be |
| Date: 3 Jul 2025 Judge: DERRINGTON, CHEESEMAN AND JACKMAN JJ |
| CONSUMER LAW – standard form home and contents insurance contract – whether contractual term requiring the insured to inform the insurer “if anything changes while you’re insured with us” is an unfair term within the meaning of s |
| Date: 5 Jun 2025 Judge: DERRINGTON, O'BRYAN AND CHEESEMAN JJ |
59. Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 4) [2025] FCA 576
| PRACTICE AND PROCEDURE – s 471B of the Corporations Act 2001 (Cth) – leave to proceed in an existing proceeding against a respondent company in provisional liquidation. Held: application granted. |
| Date: 3 Jun 2025 Judge: CHEESEMAN J |
60. Heesh, in the matter of Australian Bullion Company (Jewellery) Pty Ltd (in liq) [2025] FCA 571
| CORPORATIONS – liquidators’ application pursuant to s 477(2B) of the Corporations Act 2001 (Cth) for retrospective approval of entry into funding agreement of more than three months – one year delay in bringing application – where the |
| Date: 3 Jun 2025 Judge: CHEESEMAN J |
61. Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Relief) [2025] FCA 882
| EQUITY – Reasons for final orders made consequential on determination of liability |
| Date: 21 May 2025 Judge: CHEESEMAN J |
62. Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Reinstatement) [2025] FCA 520
| CORPORATIONS – application to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – where deregistration was administrative in nature being for the failure to pay fees – where applicants not |
| Date: 20 May 2025 Judge: CHEESEMAN J |
| 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 |
64. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
87. 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 |
90. 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 |
91. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
