Browse Federal Court JudgmentsBy Judge - Collier J |
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| INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how |
| Date: 29 Apr 2025 Judge: COLLIER, SNADEN AND RAPER JJ |
2. Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2025] FCAFC 54
| ADMINISTRATIVE LAW – proper construction of s 10(3)(c) of National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) (National Health Rules) – whether development approval under Planning Act 2016 (Qld) is required |
| Date: 15 Apr 2025 Judge: COLLIER ACJ, ROFE AND HORAN JJ |
3. Lal v Royal Australasian College of Physicians [2025] FCA 348
| PRACTICE AND PROCEDURE – Applications for summary judgment pursuant to s 31A Federal Court of Australia Act 1976 (Cth) and r 26.01 Federal Court Rules 2011 (Cth) – where applicant in substantive proceedings a doctor trained in India – where |
| Date: 11 Apr 2025 Judge: COLLIER J |
4. Edser v QSuper Board [2025] FCA 212
| PRACTICE AND PROCEDURE – interlocutory application for security for costs against appellant – no appearance by appellant – potential request for adjournment refused – ex parte hearing of application – principles for granting order for |
| Date: 18 Mar 2025 Judge: COLLIER J |
5. Elvin v Fair Work Ombudsman (No 3) [2025] FCA 195
| PRACTICE AND PROCEDURE – case management orders sought in course of appeal – single Judge exercising appellate jurisdiction – interlocutory application seeking order for interrogatories – interlocutory application seeking order to set aside |
| Date: 13 Mar 2025 Judge: COLLIER J |
6. Madden v Australian Financial Complaints Authority Limited [2025] FCA 196
| ADMINISTRATIVE LAW – appeal from determination of the Australian Financial Complaints Authority (AFCA) made under s 1055 Corporations Act 2001 (Cth) – where superannuation member did not receive opt-in letter to elect to maintain death benefit |
| Date: 13 Mar 2025 Judge: COLLIER J |
7. FCF17 v Minister for Immigration and Multicultural Affairs [2025] FCA 197
| MIGRATION – Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of Immigration Assessment Authority – where Immigration Assessment Authority affirmed decision to refuse |
| Date: 13 Mar 2025 Judge: COLLIER J |
8. McGrory v Horizon One Recruitment Pty Ltd (No 2) [2025] FCA 153
| PRACTICE AND PROCEDURE - application for summary judgment under s 31A(2) of Federal Court of Australia Act 1976 (Cth) and 26.01 of Federal Court Rules 2011 (Cth) - alternative application for entirety of statement of claim to be struck out pursuant |
| Date: 4 Mar 2025 Judge: COLLIER J |
9. Edwards v Golden Cockerel Pty Ltd [2025] FCA 152
| PRACTICE AND PROCEDURE – Application for no case to answer – Whether respondent required to elect whether to call evidence before making no case application – Respondent not required to elect whether or not to call evidence –Whether |
| Date: 4 Mar 2025 Judge: COLLIER J |
10. O'Shea v State Minister for the State of Queensland [2025] FCA 52
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) - negative determination - s 86G Native Title Act - whether within power and appropriate for Court to make orders sought - no |
| Date: 6 Feb 2025 Judge: COLLIER J |
11. Sandow on behalf of the Bigambul People #5 v State of Queensland [2025] FCA 53
| NATIVE TITLE - interlocutory application to strike out competing native title determination - section 84C Native Title Act 1993 (Cth) - whether native title determination application properly authorised - whether application brought on behalf of |
| Date: 6 Feb 2025 Judge: COLLIER J |
12. LRMM v Minister for Immigration and Multicultural Affairs [2025] FCA 51
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister for Immigration and Multicultural Affairs not to revoke cancellation of the applicant's visa under s 501CA(4 |
| Date: 6 Feb 2025 Judge: COLLIER J |
13. Waheed v Minister for Immigration and Multicultural Affairs [2025] FCA 48
| PRACTICE AND PROCEDURE - application for extension of time for leave to appeal and leave to appeal decision of the Federal Circuit and Family Court of Australia (Division 2) - informal application for adjournment - whether adjournment ought be |
| Date: 5 Feb 2025 Judge: COLLIER J |
| INDUSTRIAL LAW - where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining |
| Date: 20 Dec 2024 Judge: COLLIER, KATZMANN AND SNADEN JJ |
15. CIP Group Pty Ltd v So (No 7) [2024] FCA 1437
| EVIDENCE - legal professional privilege - receiver as client - whether sufficient basis to maintain claim for legal professional privilege over bills of costs - claim upheld |
| Date: 12 Dec 2024 Judge: COLLIER aCJ |
16. CIP Group Pty Ltd v So (No 6) [2024] FCA 1436
| EVIDENCE - legal professional privilege - application of s 198F(1) Corporations Act 2001 (Cth) where company documents claimed by former director - entitlement to claim privilege on behalf of company in liquidation - leave previously granted under s |
| Date: 12 Dec 2024 Judge: COLLIER ACJ |
17. Australian Competition and Consumer Commission v Meg's Flowers Pty Ltd [2024] FCA 1435
| CONSUMER LAW - where respondent online floristry business - where respondent admitted to contraventions of ss 18, 29(1)(k) and 33 of the Australian Consumer Law referable to marketing and sale of flowers - where parties jointly sought declarations |
| Date: 12 Dec 2024 Judge: COLLIER ACJ |
18. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147
| COSTS - whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) - where the successful appeal and remittal for re-trial are the result of judicial error - where the respondent is an individual |
| Date: 14 Nov 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
19. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly [2024] FCAFC 137
| HIGH COURT AND FEDERAL COURT - where the appellants appeal from decisions of the Federal Circuit Court of Australia (as it then was) (Circuit Court) that found a long-serving employee of the first appellant (the respondent) was entitled to damages |
| Date: 31 Oct 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to revoke cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - |
| Date: 24 Oct 2024 Judge: COLLIER J |
21. Thompson v Lane [2024] FCA 1234
| BANKRUPTCY - applicant discharged from bankruptcy - application for trustee to cease acting - administration of bankrupt estate ongoing - further relief seeking full and frank disclosure - duties of trustee - duty to inform - alleged improper |
| Date: 24 Oct 2024 Judge: COLLIER J |
22. Walker v Fedex Express Australia Pty Ltd [2024] FCA 1095
| PRACTICE AND PROCEDURE - application for leave to appeal - appeal of interlocutory decision of primary Judge to dismiss proceedings - failure to prosecute with due diligence - matter abandoned - applicant walked out of court - opportunity to provide |
| Date: 19 Sep 2024 Judge: COLLIER J |
23. Elvin v Fair Work Ombudsman (No 2) [2024] FCA 1072
| CORPORATIONS - whether to grant leave under s 500(2) of the Corporations Act 2001 (Cth) to commence and proceed against a company in voluntary administration - considering general deterrence and public policy where leave sought by regulator - leave |
| Date: 16 Sep 2024 Judge: COLLIER J |
24. Elvin v Fair Work Ombudsman (No 1) [2024] FCA 1071
| PRACTICE AND PROCEDURE - whether order to stay proceedings under judgment subject to appeal - s 29 Federal Court of Australia Act 1976 (Cth) and r 36.08 Federal Court Rules 2011 (Cth) - balance of convenience - whether serious questions for |
| Date: 16 Sep 2024 Judge: COLLIER J |
25. Djunaedi v Mohor, in the matter of Mohor [2024] FCA 1073
| COSTS - whether lump sum costs order should be made - whether evidence meets requisite level of detail - requirement that costs determination be fair, logical, and reasonable - lump sum costs order appropriate - assessment of quantum referred to |
| Date: 16 Sep 2024 Judge: COLLIER J |
| NATIVE TITLE - application for native title claim to be dismissed - claim not registered by Native Title Registrar - review of native title registrar's decision dismissed - whether any amendment made to native title claim to be capable of |
| Date: 10 Sep 2024 Judge: COLLIER J |
27. Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCAFC 116
| ADMINISTRATIVE LAW - appeal from primary judgment dismissing appeal from Administrative Appeals Tribunal (Tribunal) on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where primary judge dismissed appeal from |
| Date: 5 Sep 2024 Judge: COLLIER, RAPER AND SHARIFF JJ |
| PRACTICE AND PROCEDURE - interlocutory application for orders that two proceedings be heard together under r 30.11(d) of the Federal Court Rules (Cth) - applying factors outlined in Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 to |
| Date: 4 Sep 2024 Judge: COLLIER J |
29. Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 4) [2024] FCA 986
| PRACTICE AND PROCEDURE - Application for suppression and non-publication orders pursuant to s 37AF of Federal Court of Australia Act 1976 (Cth) - whether orders necessary to prevent prejudice to the proper administration of justice - whether |
| Date: 28 Aug 2024 Judge: COLLIER J |
30. DST18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 104
| MIGRATION - application for leave to appeal from a decision answering "no" to a separate question - where Minister referred a fast track reviewable decision to the Immigration Assessment Authority - where Authority's decision quashed and remitted to |
| Date: 20 Aug 2024 Judge: COLLIER, THAWLEY AND STEWART JJ |
| INDUSTRIAL LAW - interlocutory application for orders restraining further steps in private arbitration before Fair Work Commission - principles explained by High Court in Australian Broadcasting Corporation v O'Neill [2006] HCA 46 |
| Date: 2 Aug 2024 Judge: COLLIER J |
32. He v Secretary, Department of Education, Skills and Employment [2024] FCA 819
| ADMINISTRATIVE LAW - construction of s 44(1)(c) of A New Tax System (Family Assistance) Act 1999 (Cth) - meaning of "liability" in context of particular legislation - whether synonymous with responsibility at law - previous orders for payment of |
| Date: 26 Jul 2024 Judge: COLLIER J |
33. Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3) [2024] FCA 822
| CORPORATIONS - previous ex parte orders appointing receivers - previous ex parte freezing orders - defendants conducted business in Australia and overseas - funds invested in cryptocurrency assets - whether Court should rescind and discharge orders |
| Date: 25 Jul 2024 Judge: COLLIER J |
34. McGrory v Horizon One Recruitment Pty Ltd [2024] FCA 810
| INDUSTRIAL LAW - interlocutory application for dismissal of proceedings against second respondent for want of jurisdiction - litigant in person - where second respondent not named in proceedings before Fair Work Commission - where second respondent |
| Date: 23 Jul 2024 Judge: COLLIER J |
35. CPB Contractors Pty Ltd v Construction, Forestry and Maritime Employees Union (No 3) [2024] FCA 797
| INDUSTRIAL LAW - application for urgent interlocutory injunction - whether serious question to be tried - whether damages inadequate remedy - form of orders sought - balance of convenience |
| Date: 18 Jul 2024 Judge: COLLIER J |
36. Kirk as trustee of the Property of Smith (a Bankrupt) v Smith (No 2) [2024] FCA 773
| BANKRUPTCY - Orders - principles of tracing - trustee in bankruptcy's interest in property - appointment of trustees for sale under Property Law Act 1974 (Qld) - distribution of sale proceeds - cross-claim to set aside s 139ZQ Notice under |
| Date: 16 Jul 2024 Judge: COLLIER J |
37. TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82
| MIGRATION - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - where Tribunal took into account offences committed by the appellant as a child - |
| Date: 20 Jun 2024 Judge: COLLIER ACJ, MEAGHER AND HORAN JJ |
| NATIVE TITLE - consent determination - agreement executed under s 87A Native Title Act 1993 (Cth) - power of Court to make orders - appropriate for Court to make orders |
| Date: 17 Jun 2024 Judge: COLLIER ACJ |
| NATIVE TITLE - application for joinder three business days prior to consent determination - section 84(5) Native Title Act 1993 (Cth) - onus of proof - relevant interest - necessary that evidence support existence of relevant interest - whether |
| Date: 14 Jun 2024 Judge: COLLIER ACJ |
40. DTB21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 624
| MIGRATION - Whether the primary Judge erred in finding that Administrative Appeals Tribunal was not affected by jurisdictional error - whether Tribunal failed to consider important element of claim - whether Tribunal failed to respond to substantial, |
| Date: 13 Jun 2024 Judge: COLLIER ACJ |
41. Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79
| MIGRATION - Federal Circuit and Family Court of Australia (FCFCOA) refused extension of time to review Migration Review Tribunal decision - extensive delay in bringing application before FCFCOA - Federal Court Judge treated "appeal" from FCFCOA as |
| Date: 13 Jun 2024 Judge: COLLIER ACJ, Goodman and Meagher jJ |
42. Heffernan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 626
| MIGRATION - review of decision of Administrative Appeals Tribunal - ss 347 & |
| Date: 13 Jun 2024 Judge: COLLIER ACJ |
43. Naturally Australian Tea Tree Oil Pty Ltd v Jellyman [2024] FCA 625
| CORPORATIONS LAW -- application to set aside statutory demand - whether genuine dispute within meaning of s 459H Corporations Act 2001 (Cth) - relevant principles - company alleged breach of fiduciary duties, unconscionable conduct and duress on |
| Date: 13 Jun 2024 Judge: COLLIER ACJ |
44. Connelly as Receiver and Manager of "Digital Currency Assets" v NGS Crypto Pty Ltd [2024] FCA 618
| CORPORATIONS LAW - judicial advice sought by court-appointed receivers - defendants in business of investing in cryptocurrency - s 19 Federal Court of Australia Act 1976 (Cth) and r 14.23 Federal Court Rules 2011 (Cth) - whether judicial advice |
| Date: 11 Jun 2024 Judge: COLLIER ACJ |
45. Transportable Shade Sheds Australia Pty Ltd v Aussie Shade Sheds Pty Ltd [2024] FCA 584
| PRACTICE AND PROCEDURE - application for urgent interlocutory relief ex parte - circumstances when Court prepared to make ex parte order - need for disclosure of relevant facts - principles in Australian Broadcasting Corporation v O'Neill [2006] HCA |
| Date: 4 Jun 2024 Judge: COLLIER J |
46. Protelight Pharmaceuticals (Australia) Pty Ltd v Wen [2024] FCA 581
| PRACTICE AND PROCEDURE - ex parte application for freezing orders pursuant to rr 7.32 and 7.35 Federal Court Rules 2011 (Cth) - affidavits filed by officer of applicant and lawyer - onus of proof - relevant criteria for satisfaction of Court in |
| Date: 3 Jun 2024 Judge: COLLIER J |
| MIGRATION - application for skilled visa - cl 485.231 of Schedule 2 to the Migration Regulations 1994 (Cth) - appellant completed degree at an Australian university - appellant applied for skilled visa more than six months after completion of degree |
| Date: 29 May 2024 Judge: COLLIER J |
48. Gaha v Gaha [2024] FCA 531
| CORPORATIONS - application by litigation representative for approval of deed of compromise - whether litigation representative is an 'independent' lawyer for purposes of r 9.71(2)(c) Federal Court Rules 2011 (Cth) - whether compromise in best |
| Date: 20 May 2024 Judge: COLLIER J |
| CORPORATIONS - voluntary administration - deed of company arrangement - application to continue stay of orders terminating deed of company arrangement and ordering company to enter winding up in insolvency - Federal Court Rules 2011 (Cth) r 36.08- |
| Date: 9 May 2024 Judge: COLLIER J |
50. 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 |
51. Hippi on behalf of the Gamilaraay People v State of Queensland [2024] FCA 380
| NATIVE TITLE - s 84(5) Native Title Act 1993 (Cth) - application to be joined as a party to Native Title determination application -prima facie interest in the land and waters established - finding that joinder applicants sought joinder for purpose |
| Date: 18 Apr 2024 Judge: COLLIER J |
| NATIVE TITLE - application to be joined as a respondent party to a native title determination application pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether joinder applicant is person whose interest may be affected by determination of |
| Date: 18 Apr 2024 Judge: COLLIER J |
53. Kirk as trustee of the Property of Smith (a Bankrupt) v Smith [2024] FCA 240
| BANKRUPTCY - where bankrupt entered into a complex series of transactions concerning his property and property of his businesses - application seeking declaration that transfers of property from bankrupt to wife void under ss 120, 121 and 128B |
| Date: 15 Mar 2024 Judge: COLLIER J |
54. Sev.en Gamma a.s v IG Power (Callide) Pty Ltd (Administrators Appointed) (No 2) [2024] FCA 184
| CORPORATIONS - application for orders justifying special purpose administrators' entrance into Deed of Funding and Indemnity - s 447A Corporations Act 2001 (Cth) - whether special purpose administrators required to consult general purpose |
| Date: 5 Mar 2024 Judge: COLLIER J |
| MIGRATION - application for temporary stay on removal from Australia - where interlocutory relief same as relief sought in originating application - section 198 Migration Act 1958 (Cth) - whether removal "reasonably practicable" - where decision of |
| Date: 28 Feb 2024 Judge: COLLIER J |
56. Russell Estates Pty Ltd v State Minister for the State of Queensland [2023] FCA 1588
| NATIVE TITLE - non-claimant application for negative determination of native title - relevant principles |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
| NATIVE TITLE - Costs - application by applicant for costs against a respondent pursuant to s 85A(2) of the Native Title Act 1993 (Cth) - where the conduct was found to be abuse of process - whether native title representative bodies have standing to |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
58. Mann on behalf of the Bigambul People #2 v State of Queensland (No 2) [2023] FCA 1598
| NATIVE TITLE - COSTS - s 85A of the Native Title Act 1993 (Cth) - where party's conduct found to be an abuse of process - whether Native Title Representative Bodies have standing to seek costs - "unreasonable act or omission" - Court's discretion to |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
59. Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 2) [2023] FCA 1594
| INDUSTRIAL LAW - Assessment of pecuniary penalty to be imposed pursuant to s 546 Fair Work Act 2009 (Cth) - exercise of workplace rights referable to safety- principles relevant to appropriate penalty - assessment of compensation for economic and non |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
| NATIVE TITLE - interlocutory application for joinder as a respondent - earlier removal from same proceedings - relitigating issue of interest pursuant to s 84(5) of the Native Title Act 1993 (Cth) |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
| NATIVE TITLE - existing respondent sought joinder pursuant to s 84(5) Native Title Act 1993 (Cth) by reference to different Native Title group - claim of representative capacity on behalf of different Native Title group - relevant principles |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
62. Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 4) [2023] FCA 1592
| INDUSTRIAL LAW - Assessment of pecuniary penalties to be imposed pursuant to s 546 Fair Work Act 2009 (Cth)- exercise of workplace right referable to safety at a mine - principles relevant to calculation of appropriate penalty - two contraventions |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
63. Fair Work Ombudsman v Blakeley [2023] FCA 1597
| INDUSTRIAL LAW - Assessment of pecuniary penalty to be imposed pursuant to s 546 Fair Work Act 2009 (Cth) - admissions of contraventions of ss 500 and 503 Fair Work Act 2009 (Cth) - consideration of ulterior purpose in raising safety concerns - |
| Date: 15 Dec 2023 Judge: COLLIER ACJ |
64. Weir v Telstra Limited [2023] FCAFC 196
| HUMAN RIGHTS - whether primary judge erred by refusing leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) - whether it was reasonably arguable that the respondents breached ss 28G and 28L of |
| Date: 14 Dec 2023 Judge: COLLIER ACJ, RANGIAH AND THOMAS JJ |
65. Broadbent v Medical Board of Australia [2023] FCAFC 186
| BANKRUPTCY - appeal from dismissal of application for review of sequestration order made by a registrar - whether error in exercise of discretion to make sequestration order on creditor's petition - whether sufficient cause why sequestration order |
| Date: 4 Dec 2023 Judge: COLLIER, MEAGHER AND HORAN JJ |
66. NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187
| MIGRATION - power to cancel visa under s 501BA(2) of the Migration Act 1958 (Cth) - whether satisfied cancellation was in the "national interest" - whether decision-maker required to take into account impact of unenacted international treaty |
| Date: 1 Dec 2023 Judge: COLLIER, DERRINGTON AND DOWNES JJ |
67. Scott v Steritech Pty Ltd [2023] FCA 1401
| INDUSTRIAL LAW - interlocutory application seeking strike out of statement of claim and summary dismissal - earlier proceedings between same parties in Federal Circuit and Family Court of Australia settled by Deed of Release - Deed of Release barred |
| Date: 14 Nov 2023 Judge: COLLIER J |
68. Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172
| INDUSTRIAL LAW - Enterprise Agreements - appeal by two teachers (school employees) against decision to dismiss an application for back pay for increases to their pay and entitlements under an enterprise agreement commencing during their employment |
| Date: 30 Oct 2023 Judge: COLLIER, LOGAN AND MEAGHER JJ |
69. Richards v Hutchinson [2023] FCA 1102
| BANKRUPTCY - application to set aside bankruptcy notice - where debtor sought to amend application and file further affidavit material - hearing de novo - original application relied on s 41(6A) Bankruptcy Act 1966 (Cth) - debtor subject of |
| Date: 14 Sep 2023 Judge: COLLIER J |
70. Van Eps v Child Support Registrar [2023] FCA 1068
| BANKRUPTCY AND INSOLVENCY - Whether application to set aside bankruptcy notice filed within time under s 41(7) Bankruptcy Act 1966 (Cth) - when applicant served with bankruptcy notice - meaning of "within 21 days after" - when application taken to |
| Date: 11 Sep 2023 Judge: COLLIER J |
71. Kosiek v Marist School Australia Ltd [2023] FCA 1049
| Employment and Industrial Law - application by dismissed employee for interlocutory order of reinstatement into employment - relevant principles for consideration of interlocutory application - whether serious questions to be tried - whether damages |
| Date: 6 Sep 2023 Judge: COLLIER J |
72. Parthy v Grow MF Pty Ltd [2023] FCA 1037
| PRACTICE AND PROCEDURE - leave to appeal - interlocutory judgment and order - relevant principles for leave to appeal and interlocutory injunction orders |
| Date: 31 Aug 2023 Judge: COLLIER J |
73. Alvoen on behalf of the Wakaman People v State of Queensland [2023] FCA 953
| NATIVE TITLE - consent determination - three separate but related native title determination applications - hearing started August 2020 - agreements signed under ss 87 and 87A of Native Title Act 1993 (Cth) - whether court has power to made orders |
| Date: 18 Aug 2023 Judge: COLLIER J |
74. Optus Fixed Infrastructure Pty Ltd v Telecommunications Industry Ombudsman [2023] FCA 928
| JUDICIAL REVIEW - Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 - Judiciary Act 1903 (Cth) s 39B - jurisdictional fact - review of decision of Telecommunications Industry Ombudsman that no jurisdiction to determine objection to |
| Date: 9 Aug 2023 Judge: COLLIER J |
| INDUSTRIAL LAW - Contravention of s 46 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) - where Union admitted representative engaged in unlawful industrial action - assessment of pecuniary penalty to be imposed |
| Date: 24 Jul 2023 Judge: COLLIER J |
76. Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 4) [2023] FCA 837
| NATIVE TITLE - application to remove indigenous respondent pursuant to ss 84(8) and 84 (9) Native Title Act 1993 (Cth) - where respondent had previously agreed to s 87A Agreement - where respondent refused to execute s 87A Agreement - where |
| Date: 24 Jul 2023 Judge: COLLIER J |
77. Blu Logistics SA Pty Ltd v Flogineering Pty Ltd [2023] FCAFC 103
| CONSUMER LAW - appeal from award of compensation under s 236(1) of Australian Consumer Law (ACL) in Competition and Consumer Act 2010 (Cth) Sch 2 - where primary judge in separate hearing made declarations that conduct conveyed a misrepresentation |
| Date: 4 Jul 2023 Judge: RARES, COLLIER AND LOGAN JJ |
78. Bobrenitsky v Sydney Trains [2023] FCAFC 96
| INDUSTRIAL LAW - judicial review of decision of a full bench of the Fair Work Commission ("FWC") -application for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) ("FW Act") - where employee had been charged and convicted of a |
| Date: 23 Jun 2023 Judge: COLLIER, SNADEN AND GOODMAN JJ |
79. South Terrick Pty Ltd ATF the South Terrick Trust v State of Queensland [2023] FCA 646
| NATIVE TITLE - non-claimant application for negative determination of native title - relevant principles |
| Date: 15 Jun 2023 Judge: COLLIER J |
80. Williams on behalf of the Danggan Balun (Five Rivers) People v State of Queensland [2023] FCA 639
| NATIVE TITLE - application under s 66B of the Native Title Act 1993 (Cth) to replace applicant - whether individual applicant no longer authorised by the claim group - breach of claim group terms and conditions of appointment of applicant - |
| Date: 14 Jun 2023 Judge: COLLIER J |
| NATIVE TITLE - application to be joined as a respondent party to a native title determination application pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether prospective joinder respondents are persons whose interest may be affected by |
| Date: 14 Jun 2023 Judge: COLLIER J |
82. Minister for Immigration, Citizenship and Multicultural Affairs v JSMJ [2023] FCAFC 77
| MIGRATION - appeal from decision of a single judge of Federal Court of Australia - where primary judge granted an application for judicial review of the Administrative Appeals Tribunal - where first respondent's visa was mandatorily cancelled under |
| Date: 25 May 2023 Judge: COLLIER, HALLEY AND MEAGHER JJ |
83. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 499
| MIGRATION - application for review of a migration decision of the Minister refusing revocation of an earlier visa cancellation decision - where applicant's visa mandatorily cancelled due to substantial criminal history - whether Minister failed to |
| Date: 22 May 2023 Judge: COLLIER J |
84. Mann on behalf of the Bigambul People #2 v State of Queensland [2023] FCA 450
| NATIVE TITLE - interlocutory application to strike out competing native title determination application - section 84C Native Title Act 1993 (Cth) - application for summary dismissal pursuant to rule 26.01(d) of the Federal Court Rules 2011 (Cth) - |
| Date: 11 May 2023 Judge: COLLIER J |
85. The Official Trustee in Bankruptcy v Shaw (No 2) [2023] FCA 444
| PRACTICE AND PROCEDURE - oral application for adjournment or stay - relevant principles. |
| Date: 9 May 2023 Judge: COLLIER J |
86. Soryal v Director of Professional Services [2023] FCA 326
| ADMINISTRATIVE LAW - judicial review of decision of Director of Professional Services Review to refer the applicant to a Professional Services Review Committee to investigate potential inappropriate conduct - Part VAA Health Insurance Act 1973 (Cth) |
| Date: 12 Apr 2023 Judge: COLLIER J |
87. The Official Trustee in Bankruptcy v Shaw [2023] FCA 298
| PRACTICE AND PROCEDURE - Notices to Produce - Rule 20.31 Federal Court Rules 2011 (Cth) - relevance of documents - principles of relevance akin to requesting subpoenas - whether abuse of process - whether legal professional privilege - whether |
| Date: 4 Apr 2023 Judge: COLLIER J |
88. Smith v Trustee of the Property of Richard John Smith (a Bankrupt) [2023] FCA 300
| BANKRUPTCY AND INSOLVENCY - application to declare Notice of Objection to Discharge invalid - consideration of s 149C of the Bankruptcy Act 1966 (Cth) - whether Notice of Objection complied with s 149C of the Bankruptcy Act - whether Trustee |
| Date: 4 Apr 2023 Judge: COLLIER J |
89. Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51
| INDUSTRIAL LAW - section 114 of the Fair Work Act 2009 (Cth) - appeal from a decision of this Court which found that the employer had not contravened s 114 by requiring employees to work on a public holiday - whether "request" within the meaning of |
| Date: 28 Mar 2023 Judge: COLLIER, THOMAS AND RAPER JJ |
| INDUSTRIAL LAW - imposition of pecuniary penalties - s 546 of the Fair Work Act 2009 (Cth) - contraventions of ss 494(1), 497 and 500 of the Fair Work Act 2009 (Cth) - principles of general and specific deterrence - where respondents' held mistaken |
| Date: 16 Mar 2023 Judge: COLLIER J |
91. Fair Work Ombudsman v Albert (No 3) [2023] FCA 220
| INDUSTRIAL LAW - imposition of pecuniary penalties - agreed contraventions of s 500 of the Fair Work Act 2009 (Cth) - determination of appropriate penalty - principles relating to appropriate penalty - whether personal payment order be made against |
| Date: 16 Mar 2023 Judge: COLLIER J |
92. DYZ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 215
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) -judicial review of decision of Immigration Assessment Authority to affirm refusal of Safe Haven Enterprise Visa - whether new information provided to IAA |
| Date: 15 Mar 2023 Judge: COLLIER J |
93. AXQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 195
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where primary decision concerned judicial review of decision of Immigration Assessment Authority (IAA) to affirm decision of Minister to refuse |
| Date: 10 Mar 2023 Judge: COLLIER J |
94. Keating v Native Title Registrar [2023] FCA 137
| NATIVE TITLE - application for native title determination - application for review of decision of Native Title Registrar to refuse application for registration under s 190A of the Native Title Act 1993 (Cth) - application for extension of time |
| Date: 1 Mar 2023 Judge: COLLIER J |
95. Chiagozie v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 139
| MIGRATION - review of migration decision - Direction No. 90 - visa refusal and cancellation under s 501 Migration Act 1958 (Cth) - revocation of mandatory cancellation of visa under s501CA - whether Administrative Appeals Tribunal denied procedural |
| Date: 1 Mar 2023 Judge: COLLIER J |
96. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 87
| MIGRATION - appeal from decision of Federal Circuit Court (now Division 2 of the Federal Circuit and Family Court of Australia) - where appellants seek to rely on grounds not raised before the primary Judge - where the proposed grounds of appeal |
| Date: 14 Feb 2023 Judge: COLLIER J |
97. EIF21 v Minister for Home Affairs [2023] FCA 88
| MIGRATION - review of decision made by Minister for Home Affairs - applicant earlier granted general humanitarian visa - where delegate cancelled visa for failing the character test - s 501CA(4) Migration Act 1958 (Cth) - applicant made |
| Date: 14 Feb 2023 Judge: COLLIER J |
98. Pan v Hampton Accelerate Pty Ltd [2023] FCA 46
| PRACTICE AND PROCEDURE - interlocutory application - application for non-standard discovery - rules 20.13, 20.15 and 20.17 of the Federal Court Rules 2011 (Cth) - principles referrable to an order for discovery - whether applicant has established |
| Date: 2 Feb 2023 Judge: COLLIER J |
| ADMINISTRATIVE LAW - application for judicial review - Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) - whereas the Professional Services Review Committee found the applicant engaged in inappropriate |
| Date: 30 Jan 2023 Judge: COLLIER J |
100. Englezos v Secretary, Department of Social Services [2023] FCA 31
| SOCIAL SECURITY - application for extension of time within which to appeal under s 44 Administrative Appeals Tribunal Act 1975 (Cth) - principles relating to an application for extension of time - where applicant unable to establish adequate |
| Date: 30 Jan 2023 Judge: COLLIER J |
