Browse Federal Court JudgmentsBy Judge - Colvin J |
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(Colvin
J)
: 549
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1. SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60
| COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of |
| Date: 24 Apr 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
2. Ibardaloza v Minister for Immigration and Multicultural Affairs [2025] FCA 356
| MIGRATION - application for judicial review of Minister's decision under s 501BA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in relation to Minister's satisfaction that cancellation of applicant's visa was in the |
| Date: 15 Apr 2025 Judge: COLVIN J |
3. Moli v Minister for Immigration and Multicultural Affairs [2025] FCA 350
| MIGRATION - application for judicial review of Minister's decision under s 501BA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in relation to formation of Minister's satisfaction that cancellation of applicant's |
| Date: 15 Apr 2025 Judge: COLVIN J |
4. Rindeklev v Commonwealth of Australia (Recusal Request) [2025] FCA 354
| PRACTICE AND PROCEDURE - recusal request by applicant - claims of apprehended bias by judge - whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge |
| Date: 10 Apr 2025 Judge: COLVIN J |
| Date: 3 Apr 2025 Judge: COLVIN J |
6. Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2025] FCAFC 43
| APPEAL – where appellant alleges breach of s 45 of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – where issue arises as to derivative Crown immunity – where similar ACCC proceedings in Federal Court of |
| Date: 3 Apr 2025 Judge: LEE, COLVIN AND STEWART JJ |
7. Deputy Commissioner of Taxation v Hartley [2025] FCA 322
| PRACTICE AND PROCEDURE - ex parte application for freezing orders and ancillary orders - whether there is a good arguable case for final relief on prospective cause of action for tax related liabilities - whether there is a degree of danger or risk |
| Date: 28 Mar 2025 Judge: COLVIN J |
8. Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
| PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
9. SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
| CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
| INSURANCE - statutory entitlement to interest under s 57 of the Insurance Contracts Act 1984 (Cth) - date from which interest should run - whether first respondent liable for all costs of referee who determined the amount of the defence costs |
| Date: 7 Mar 2025 Judge: COLVIN J |
11. Field (Trustee) v Spencer [2025] FCA 122
| BANKRUPTCY - application by trustee for order for possession of bankrupt's home - whether any basis to oppose order - consideration of source of power to grant orders - consideration of appropriate form of orders - considerable delay by trustee in |
| Date: 26 Feb 2025 Judge: COLVIN J |
12. Tanehohaia v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 106
| Date: 21 Feb 2025 Judge: COLVIN J |
13. Roe (Administrator) v State of Western Australia [2025] FCA 105
| PUBLIC INTEREST IMMUNITY - interlocutory application for public interest immunity claim to be upheld - whether disclosure would adversely affect public interests - whether disclosure would adversely impact government discussions and decision-making |
| Date: 21 Feb 2025 Judge: COLVIN J |
14. Darling v Daniels [2025] FCA 81
| PRACTICE AND PROCEDURE - application for orders striking out paragraphs of statement of claim alleging Seven West Media was a participant in publication of media reports published under masthead of subsidiary and was vicariously liable for reporter - |
| Date: 14 Feb 2025 Judge: COLVIN J |
| INSURANCE - liability insurance - composite policy held by Uniting Church of Australia covering all entities, persons and associations within it - cover sought in respect of liability to students of Knox Grammar School for sexual abuse by teachers - |
| Date: 7 Feb 2025 Judge: DERRINGTON, COLVIN AND MCEVOY JJ |
16. Frigger v Trenfield (Application to Adjourn Final Hearing) [2025] FCA 71
| PRACTICE AND PROCEDURE - claim that employed trustee in bankruptcy should be removed from office by reason of arrangements with employer concerning administration of bankrupt estates - whether employer of respondent should be joined as second |
| Date: 6 Feb 2025 Judge: COLVIN J |
17. Mokhtari v Piacentini & Son Pty Ltd [2025] FCA 26
| PRACTICE AND PROCEDURE - application for orders for preservation of documents - where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar - where applicant alleges that system |
| Date: 29 Jan 2025 Judge: COLVIN J |
18. Michael Wilson & Partners Ltd v Porter (No 5) [2025] FCA 5
| PRACTICE AND PROCEDURE - where orders made pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) for costs to be quantified on a lump sum basis by a registrar acting as a referee - application to extend time for seeking orders to the |
| Date: 13 Jan 2025 Judge: COLVIN J |
19. Azad v Avant Insurance Limited [2024] FCA 1528
| Date: 19 Dec 2024 Judge: COLVIN J |
20. Boral Limited v Parkin [2024] FCAFC 169
| EVIDENCE - appeal from evidentiary rulings - operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') - where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors - where |
| Date: 17 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
21. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160
| MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the |
| Date: 12 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
22. Rindeklev v Comcare (No 2) [2024] FCA 1349
| Date: 21 Nov 2024 Judge: COLVIN J |
23. Tay v Chong [2024] FCA 1327
| PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - reasons as provided in related judgment, Yap v Chong [2024] FCA 1326 - leave granted to replead |
| Date: 18 Nov 2024 Judge: COLVIN J |
24. Yap v Chong [2024] FCA 1326
| PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - where defence contains repeated pleas that 'respondents will plead in response to the allegations ... upon provision of proper particulars thereof' - where no further |
| Date: 18 Nov 2024 Judge: COLVIN J |
25. Pizzino v Caratti (No 3) [2024] FCA 1278
| PRACTICE AND PROCEDURE - application to strike out statement of claim and for summary dismissal - where facts required to establish causes of action not pleaded or insufficiently pleaded, such that not possible to ascertain causes of action with |
| Date: 6 Nov 2024 Judge: COLVIN J |
26. Pizzino v Caratti (No 2) [2024] FCA 1236
| Date: 22 Oct 2024 Judge: COLVIN J |
27. Frigger v Banning (Application for Security for Costs on Review of Taxation) [2024] FCA 1207
| PRACTICE AND PROCEDURE - application for order for security for costs against natural persons as applicants - security sought for costs of applicants' application for review of taxation - where applicants have had benefit of a two-day taxation |
| Date: 18 Oct 2024 Judge: COLVIN J |
28. Gehlert v Minister for Immigration and Multicultural Affairs [2024] FCAFC 129
| COSTS - settlement of judicial review prior to trial - claim for recovery of filing fee and professional costs - appropriate amount of costs to be awarded - discretion to award costs - applicable principles - Federal Circuit and Family Court of |
| Date: 4 Oct 2024 Judge: MORTIMER CJ, COLVIN AND DOWLING JJ |
| CORPORATIONS - application by company for an order to retrospectively extend the 'proposal period' for the purposes of proposing a restructuring plan in accordance with Part 5.3B of the Corporations Act 2001 (Cth) - where 'proposal period' had |
| Date: 18 Sep 2024 Judge: COLVIN J |
30. Trentham Enterprises Pty Ltd v Rahui [2024] FCA 1065
| PRACTICE AND PROCEDURE - application for pre-action discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - where request for pre-action discovery made after prospective applicant made detailed allegations against prospective |
| Date: 10 Sep 2024 Judge: COLVIN J |
31. Bartlett v Roffey (No 2) [2024] FCA 1026
| COSTS - application for costs of interlocutory application on an indemnity basis - where applicant sought interlocutory orders for leave to commence defamation proceedings in this Court after discontinuing defamation proceedings in the Supreme Court |
| Date: 5 Sep 2024 Judge: COLVIN J |
32. Rindeklev v Comcare [2024] FCA 1023
| ADMINISTRATIVE LAW - where applicant sought review of two worker's compensation decisions in the Administrative Appeals Tribunal - where applicant withdrew the applications such that applications were taken to be dismissed by the Tribunal pursuant |
| Date: 5 Sep 2024 Judge: COLVIN J |
33. Rindeklev v Comcare (No 2) [2024] FCA 930
| Date: 16 Aug 2024 Judge: COLVIN J |
34. Bartlett v Roffey [2024] FCA 906
| DEFAMATION - application for leave to bring proceedings nunc pro tunc under s 23 of the Defamation Act 2005 (WA) and s 23 of the Defamation Act 2005 (Vic) - where applicant discontinued earlier defamation proceedings in Supreme Court of Western |
| Date: 15 Aug 2024 Judge: COLVIN J |
35. Construction, Forestry, Maritime, Mining and Energy Union v Fremantle Port Authority [2024] FCA 848
| INDUSTRIAL LAW - alleged contravention of s 50 of the Fair Work Act 2009 (Cth) - where enterprise agreement provided for two methods of payment described as the 'ordinary wages method' or an 'average annualised wage' - where enterprise agreement |
| Date: 1 Aug 2024 Judge: COLVIN J |
36. GPBL v Commonwealth of Australia [2024] FCA 830
| COSTS - where applicant sought review in the Administrative Appeals Tribunal of decision by a delegate of the Minister for Home Affairs to refuse his application for a protection visa - where the Tribunal set aside the refusal decision and remitted |
| Date: 30 Jul 2024 Judge: COLVIN J |
| INDUSTRIAL LAW - alleged contraventions of s 501 and s 502 of the Fair Work Act 2009 (Cth) in refusing entry to a union official - whether agreed penalty falls within range of possible appropriate penalties for the conduct - whether payment of |
| Date: 23 Jul 2024 Judge: COLVIN J |
38. Rindeklev v Comcare [2024] FCA 804
| HUMAN RIGHTS - application for leave to advance claim of unlawful discrimination under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) - where complaint alleged respondent's conduct (in filing witness statement containing |
| Date: 23 Jul 2024 Judge: COLVIN J |
| COSTS - submissions as to costs following dismissal of appeals - public interest litigation - no orders as to costs of the appeals |
| Date: 17 Jul 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
40. MMA Offshore Limited, in the matter of MMA Offshore Limited (No 2) [2024] FCA 765
| CORPORATIONS - scheme of arrangement - second Court hearing - application under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme - consideration of factors relevant to Court's discretion to approve - scheme approved |
| Date: 10 Jul 2024 Judge: COLVIN J |
41. Wilkinson v Wilson Security Pty Ltd (No 3) [2024] FCA 705
| INDUSTRIAL LAW - alleged contraventions of s 45, s 323 and s 536 of the Fair Work Act 2009 (Cth) - where applicant employed on a fly-in, fly-out basis under Security Services Industry Awards 2010 and 2020 (Awards) - where first respondent provided |
| Date: 2 Jul 2024 Judge: COLVIN J |
42. PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86
| TAXATION - royalty withholding tax - where non-resident taxpayers entered into exclusive bottling agreements ('EBAs') with an Australian company ('Bottler') for the bottling and sale of beverages in Australia - where EBAs provided for sale of |
| Date: 26 Jun 2024 Judge: PERRAM, COLVIN AND JACKMAN JJ |
43. Laing O'Rourke Australia Management Services Pty Ltd v Haley [2024] FCA 715
| PRACTICE AND PROCEDURE - application for stay of proceedings pending appeal - where primary judge bifurcated hearing - where primary judge allowed further submissions to be made on compensation and damages by way of oral hearing after determination |
| Date: 21 Jun 2024 Judge: COLVIN J |
44. MMA Offshore Limited, in the matter of MMA Offshore Limited [2024] FCA 731
| CORPORATIONS - scheme of arrangement - first court hearing - application under s 411(1) of the Corporations Act 2001 (Cth) for company to convene a meeting to consider a scheme of arrangement - consideration of factors relevant to the exercise of |
| Date: 21 Jun 2024 Judge: COLVIN J |
45. United Firefighters' Union of Australia v Fire Rescue Victoria [2024] FCAFC 84
| ADMINISTRATIVE LAW - application for declarations and orders for remittal on the basis that the Fair Work Commission failed to exercise its jurisdiction comprising private arbitral powers under the parties' agreed dispute resolution clause - whether |
| Date: 20 Jun 2024 Judge: COLVIN, RAPER AND DOWLING JJ |
46. Sydney Subdivision Pty Ltd (in liq) v Chow (No 3) [2024] FCA 644
| TRUSTS AND TRUSTEES - where company in liquidation former trustee of trust - where company and liquidator pursuing recovery of unpaid loan which forms part of trust property - where new trustee appointed - consideration of rights of exoneration and |
| Date: 17 Jun 2024 Judge: COLVIN J |
47. Carter on behalf of the Warrwa People v State of Western Australia (No 3) [2024] FCA 634
| PRACTICE AND PROCEDURE - interlocutory application to set aside subpoena - where expert briefed by applicant on interlocutory application in relation to resolution of separate question in native title proceedings - where no expert report of applicant |
| Date: 12 Jun 2024 Judge: COLVIN J |
48. Commissioner of Taxation v Bazzo (No 2) [2024] FCA 560
| ADMINISTRATIVE LAW - scope and terms of remitter to Administrative Appeals Tribunal - where errors in Tribunal's reasoning confined to four issues - whether Tribunal's decision ought to be set aside - whether further evidence should be allowed on |
| Date: 27 May 2024 Judge: COLVIN J |
49. Official Receiver v Chan [2024] FCA 542
| BANKRUPTCY - referral of debtor's petition by joint debtors - where creditor's petition pending against one but not both of joint debtors - whether to direct Official Receiver to accept or reject petition - whether different dates for commencement |
| Date: 23 May 2024 Judge: COLVIN J |
50. Sang v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 518
| MIGRATION - application for extension of time for judicial review of decision of Administrative Appeals Tribunal - where delegate of Minister refused to revoke cancellation of applicant's visa - where Administrative Appeals Tribunal held it did not |
| Date: 16 May 2024 Judge: COLVIN J |
51. Frigger v Trenfield (Subpoena to FTI Consulting) (No 2) [2024] FCA 509
| PRACTICE AND PROCEDURE - subpoenas - application for costs of compliance with subpoena - where party seeking costs has substantial interest in outcome of proceeding - question of costs reserved |
| Date: 16 May 2024 Judge: COLVIN J |
52. Frigger v Trenfield (Application to Amend) [2024] FCA 508
| PRACTICE AND PROCEDURE - pleadings - application for leave to amend - where amendments to application and statement of claim sought at stage in proceedings where matter is ready to be listed for final hearing - where proposed amendments introduce |
| Date: 16 May 2024 Judge: COLVIN J |
| ENVIRONMENTAL LAW - appeal - s 78(1)(a) Environment Protection and Biodiversity Conservation Act 1999 (Cth) - extended operation of two existing coal mines - appellant claimed effects of climate change should result in greater controlling provisions |
| Date: 16 May 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
54. Galactic Seven Eleven Litigation Holdings LLC v Davaria [2024] FCAFC 54
| REPRESENTATIVE PROCEEDINGS - whether power to make a common fund order at the stage of settlement approval - the proper exercise of the discretion under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) - appeal allowed. |
| Date: 2 May 2024 Judge: MURPHY, LEE AND COLVIN JJ |
55. Commissioner of Taxation v Bazzo [2024] FCA 452
| TAXATION - assessable income - where Commissioner issued notices of assessment pursuant to s 167 of Income Tax Assessment Act 1936 (Cth) (ITAA36) - where assessments based on asset betterment statement - whether taxpayer discharged her onus under s |
| Date: 2 May 2024 Judge: COLVIN J |
56. ENZED Nominees Pty Ltd v State of Western Australia [2024] FCA 620
| BANKRUPTCY AND INSOLVENCY - application by former bankrupt for order under s 133(9) of Bankruptcy Act 1996 (Cth) vesting property in him and for removal of caveat - where trustee in bankruptcy disclaimed real property for onerous covenants - where |
| Date: 22 Mar 2024 Judge: COLVIN J |
| COSTS - indemnity costs - offers to compromise - where offer to compromise made pursuant to direction of the Court - where offer to compromise rejected - whether offer involved genuine compromise - whether rejection of offer was imprudent or |
| Date: 22 Mar 2024 Judge: COLVIN J |
58. Crisp v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 252
| Date: 18 Mar 2024 Judge: COLVIN J |
59. Minister for Immigration, Citizenship and Multicultural Affairs v MZAPC [2024] FCAFC 34
| MIGRATION - application by Minister for leave to appeal against grant of interlocutory injunction restraining the removal of the respondent from Australia - where respondent has exhausted all avenues of review and appeal and does not contest that he |
| Date: 18 Mar 2024 Judge: SARAH C DERRINGTON, COLVIN AND JACKSON JJ |
60. Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28
| TAXATION - Income Tax Assessment Act 1936 (Cth) Part IVA - where gist of the scheme was failure by a trustee to exercise a discretion to make a distribution - whether a reasonable person would conclude that the applicant entered into or carried out |
| Date: 8 Mar 2024 Judge: BESANKO, COLVIN AND HESPE JJ |
61. Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29
| TAXATION - cross-border transfer pricing and arm's length consideration provisions - whether primary judge erred in formulating the reliable hypothesis required to apply Subdivision 815-A of the Income Tax Assessment Act 1997 (Cth) and Division 13 |
| Date: 8 Mar 2024 Judge: WIGNEY, BANKS-SMITH AND COLVIN JJ |
| CONTRACTS - construction of compensation deed entered into between participants in mining project and authorised applicants for native title claim - whether common assumption of the parties that deed would only be performed if native title |
| Date: 29 Feb 2024 Judge: COLVIN J |
| Date: 28 Feb 2024 Judge: COLVIN J |
64. Sharif v Vitruvian Investments Pty Ltd (No 5) [2024] FCA 134
| COSTS - assessment of lump sum costs to be awarded - where one party substantially successful in substantive proceedings - where change of solicitors - whether lump sum assessment should be made on party and party or indemnity basis - whether |
| Date: 28 Feb 2024 Judge: COLVIN J |
65. Frigger v Banning (No 14) [2024] FCA 66
| PRACTICE AND PROCEDURE - interlocutory application for orders of registrar to be set aside and for taxation of costs to be permanently stayed - where registrar granted leave allowing respondents to file amended bill of costs and for taxation process |
| Date: 8 Feb 2024 Judge: COLVIN J |
| Date: 6 Feb 2024 Judge: COLVIN J |
67. Amodu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 10
| MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal to affirm delegate's decision to refuse to revoke the cancellation of the applicant's visa - where applicant alleges jurisdictional error - all grounds of |
| Date: 16 Jan 2024 Judge: COLVIN J |
68. The Nyamal Palyku Proceeding (No 8) [2024] FCA 11
| NATIVE TITLE - consent determination - application for determination of Native Title - where parties propose the making of consent orders for the determination of native title pursuant to s 87 and s 94A of the Native Title Act 1993 (Cth) - where |
| Date: 16 Jan 2024 Judge: COLVIN J |
69. ASF17 v Commonwealth of Australia [2024] FCA 7
| MIGRATION - application for writ of habeas corpus and declaratory relief regarding alleged unlawfulness of applicant's detention - where applicant has been in immigration detention for almost 10 years - where applicant is citizen of Iran and refuses |
| Date: 11 Jan 2024 Judge: COLVIN J |
70. Pizzino v Caratti [2023] FCA 1624
| PRACTICE AND PROCEDURE - application to strike out statement of claim - where not possible to ascertain causes of action with clarity - where claim of fraud and knowing participation in breach of trust not supported by material facts - where relief |
| Date: 18 Dec 2023 Judge: COLVIN J |
| PRACTICE AND PROCEDURE - application for stay of orders pending outcome of appeal - where respondents liable to indemnify the applicant - where orders require payment of indemnified amounts - where applicant has requested second and third |
| Date: 15 Dec 2023 Judge: COLVIN J |
72. Sang v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1572
| MIGRATION - application for extension of time for judicial review of decision of Administrative Appeals Tribunal - where delegate of Minister refused to revoke cancellation of applicant's visa - where Administrative Appeals Tribunal held it did not |
| Date: 12 Dec 2023 Judge: COLVIN J |
| ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES - native title - appeal from finding that native title did not exist - where appellant found unable to establish current claim group constituted a normative society united in and by a body of laws and |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
74. McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191
| NATIVE TITLE - appeal from adverse determination of questions as to whether native title exists in relation to any land and waters of the claim area in partially overlapping claim - where no lay evidence led below in relation to issues arising under |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
75. FJA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1539
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where application for safe haven enterprise visa refused and application for review of decision to the Immigration Assessment Authority was unsuccessful - where applicant |
| Date: 8 Dec 2023 Judge: COLVIN J |
76. MKBL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1537
| MIGRATION - application for extension of time for judicial review of decision of the Administrative Appeals Tribunal affirming the decision of the Minister's delegate to not revoke the cancellation of applicant's visa - where applicant alleges |
| Date: 8 Dec 2023 Judge: COLVIN J |
| COMPETITION - application for relief for respondent's breach of s 48 of the Competition and Consumer Act 2010 (Cth) - resale price maintenance - where respondent wholesale supplier contravened s 48 on 128 occasions - where following mediation |
| Date: 30 Nov 2023 Judge: COLVIN J |
78. Graham v Newchurch [2023] FCA 1411
| CORPORATIONS - application for interlocutory injunction to restrain first to fourth respondents from taking various actions in relation to the fifth respondent - where applicant seeks leave to bring the action on behalf of the fifth respondent - |
| Date: 14 Nov 2023 Judge: COLVIN J |
79. YFMG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1342
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal affirming the decision of the Minister's delegate to refuse protection visa application - where applicant alleges jurisdictional error as Tribunal found |
| Date: 6 Nov 2023 Judge: COLVIN J |
80. OreCorp Limited, in the matter of OreCorp Limited [2023] FCA 1359
| CORPORATIONS - scheme of arrangement - hearing for approval of shareholders meeting to consider scheme - short form reasons appropriate - orders as sought made |
| Date: 2 Nov 2023 Judge: COLVIN J |
81. Sage v Commissioner of Taxation [2023] FCA 1247
| TAXATION - application for judicial review of Administrative Appeals Tribunal's decision to refuse to require production of documents from Commissioner of Taxation - where applicant alleges Tribunal held erroneous view of the law relevant to its |
| Date: 19 Oct 2023 Judge: COLVIN J |
82. Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162
| REPRESENTATIVE PROCEEDINGS - question reserved under s 25(6) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - whether Court has power pursuant to s 33V of FCA Act to make a "common fund order" upon settlement of proceeding - where no |
| Date: 12 Oct 2023 Judge: BEACH, LEE AND COLVIN JJ |
83. Construction, Forestry, Maritime, Mining and Energy Union v Quirk [2023] FCAFC 163
| INDUSTRIAL LAW - registered organisations - where trade union officials elected to office and employed under rules registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - where officials charged with "gross misbehaviour" as an |
| Date: 11 Oct 2023 Judge: RARES ACJ, KATZMANN AND COLVIN JJ |
84. Mohen (Administrator), in the matter of Wagener Holdings Pty Ltd [2023] FCA 1360
| CORPORATIONS - urgent application for orders pursuant to s 447A of Corporations Act 2001 (Cth) - where appropriate to make orders limiting personal liability of administrators - orders made substantially in the form sought |
| Date: 6 Oct 2023 Judge: COLVIN J |
85. Sharif v Vitruvian Investments Pty Ltd (No 4) [2023] FCA 1172
| CORPORATIONS - disposition of relief following trial judgment in which claim of oppression upheld - where judgment in favour of plaintiff - where parties disagree about final orders - orders made to remove consequences of oppressive conduct against |
| Date: 29 Sep 2023 Judge: COLVIN J |
| ADMINISTRATIVE LAW - application for judicial review of decision of first respondent - urgent hearing of specified issues following grant of interlocutory injunction - where first respondent approved an environment plan of second and third |
| Date: 28 Sep 2023 Judge: COLVIN J |
| INSURANCE - application for declarations and indemnity payments against insurers - where proper construction of insurance contract in issue - where second and third respondents provided excess layers of cover on the same terms as the first respondent |
| Date: 28 Sep 2023 Judge: COLVIN J |
88. VZWF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1160
| MIGRATION - application for extension of time to review decision of Administrative Appeals Tribunal - where Tribunal affirmed decision to not revoke the applicant's visa pursuant to s 501CA of the Migration Act 1958 (Cth) - where minute of consent |
| Date: 27 Sep 2023 Judge: COLVIN J |
89. DDH1 Limited, in the matter of DDH1 Limited (No 3) [2023] FCA 1153
| CORPORATIONS - scheme of arrangement - approval hearing - application under s 411 of the Corporations Act 2001 (Cth) to approve scheme of arrangement - scheme approved - orders as sought made |
| Date: 26 Sep 2023 Judge: COLVIN J |
90. Cortes v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1136
| Date: 22 Sep 2023 Judge: COLVIN J |
91. Cooper v National Offshore Petroleum Safety and Environmental Management Authority [2023] FCA 1112
| PRACTICE AND PROCEDURE - application for an interlocutory injunction to restrain the second and third respondents from undertaking any activity described in the Scarborough 4D B1 Marine Seismic Survey Environment Plan - where the first respondent |
| Date: 15 Sep 2023 Judge: COLVIN J |
92. James v Commonwealth of Australia [2023] FCA 1241
| PRACTICE AND PROCEDURE - application to amend statement of claim - application dismissed by applying case management principles - request for recusal declined |
| Date: 12 Sep 2023 Judge: COLVIN J |
93. Australian Competition and Consumer Commission v Swift Networks Pty Ltd [2023] FCA 1064
| COMPETITION - proceeding for civil contraventions of s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) - cartel conduct - bid rigging - where former employees of the respondent engaged in conduct which breached the cartel provisions |
| Date: 7 Sep 2023 Judge: COLVIN J |
94. DDH1 Limited, in the matter of DDH1 Limited (No 2) [2023] FCA 1046
| Date: 5 Sep 2023 Judge: COLVIN J |
| NATIVE TITLE - application for determination of Native Title - where parties propose the making of consent orders for the determination of native title pursuant to s 87 of the Native Title Act 1993 (Cth) - where all requirements satisfied - where |
| Date: 24 Aug 2023 Judge: COLVIN J |
96. Frigger v Trenfield (Subpoena to FTI Consulting) [2023] FCA 1001
| Date: 22 Aug 2023 Judge: COLVIN J |
97. CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138
| MIGRATION - appeal - Direction No. 90 - whether Tribunal took the "other considerations" into account - whether Tribunal engaged in required evaluative exercise of weighing or balancing the considerations identified as being relevant to the decision |
| Date: 22 Aug 2023 Judge: COLVIN, STEWART AND JACKSON JJ |
98. Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140
| PRACTICE AND PROCEDURE - application for leave to appeal against costs order - consideration of whether leave to appeal is required for costs appeals - held leave required for costs appeals - leave to appeal refused PRACTICE AND PROCEDURE - where |
| Date: 22 Aug 2023 Judge: COLVIN, STEWART AND FEUTRILL JJ |
99. KMPG Pty Ltd v Owen [2023] FCA 987
| DEFAMATION - application for extension of time to commence proceedings - where application otherwise out of time by reason of s 15 of the Limitation Act 2005 (WA) - consideration of nature of discretion in extending limitation period - where |
| Date: 22 Aug 2023 Judge: COLVIN J |
100. DDH1 Limited, in the matter of DDH1 Limited [2023] FCA 982
| CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a scheme of arrangement - consideration of nature of Court's supervisory jurisdiction - where appropriate to |
| Date: 16 Aug 2023 Judge: COLVIN J |
