Browse Federal Court JudgmentsBy Judge - Colvin J |
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(Colvin
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: 613
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1. Mokhtari v Piacentini & Son Pty Ltd (No 5) [2026] FCA 692
| PRACTICE AND PROCEDURE - discovery - application for an extension of time to comply with discovery orders – extension of time granted |
| Date: 4 Jun 2026 Judge: COLVIN J |
2. Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries and Forestry [2026] FCAFC 63
| DAMAGES – representative proceedings – where the Minister is liable for the tort of misfeasance in public office – separate question ordered relating to loss and damage – whether any greater number of live cattle for slaughter would have |
| Date: 15 May 2026 Judge: COLVIN, STEWART AND ANDERSON JJ |
3. SCL AUS Limited v Kirkalocka Gold SPV Pty Ltd [2026] FCAFC 60
| CORPORATIONS – deed of company arrangement – whether binding on appellant for the purposes of s 444D of the Corporations Act 2001 (Cth) – where right to receive payment of future royalties – where absolute discretion as to whether or not to |
| Date: 8 May 2026 Judge: COLVIN, NESKOVCIN AND VANDONGEN JJ |
4. Pokrywka v Minister for Immigration and Citizenship [2026] FCA 498
| Date: 23 Apr 2026 Judge: COLVIN J |
5. Ugle v South West Aboriginal Medical Service Limited (No 3) [2026] FCA 508
| Date: 23 Apr 2026 Judge: COLVIN J |
6. Buksh v Minister for Immigration and Citizenship [2026] FCA 478
| MIGRATION – appeal from a judgment of the Federal Circuit Court upholding decision of Tribunal refusing visa application – application refused on grounds that bank statement provided was a bogus document – where Tribunal found the statement |
| Date: 22 Apr 2026 Judge: COLVIN J |
7. Mokhtari v Piacentini & Son Pty Ltd (No 4) [2026] FCA 465
| PRACTICE AND PROCEDURE – application seeking orders for the applicant to submit to medical examination by a particular medical practitioner – where applicant opposes the order – where alleged injury to applicant's mental health a key issue in |
| Date: 21 Apr 2026 Judge: COLVIN J |
8. Johnson v Wilson Security Pty Ltd [2026] FCA 447
| REPRESENTATIVE PROCEEDINGS - application for Court approval of proposed settlement terms and scheme for distribution to group members - where scheme contemplates distribution to pay fees of lawyers for representative applicant - where partner of |
| Date: 16 Apr 2026 Judge: COLVIN J |
9. Davies, in the matter of an application by Davies [2026] FCA 428
| PRACTICE AND PROCEDURE – application seeking leave for proposed originating application and proposed concise statement to be accepted for filing – previous direction by judge that certain documents not be accepted for filing without the |
| Date: 14 Apr 2026 Judge: COLVIN J |
10. Ugle v South West Aboriginal Medical Service Limited (No 2) [2026] FCA 448
| CORPORATIONS – oppression action - application for variation of orders restricting company from taking action outside ordinary course of business pending annual general meeting to elect member directors - issues as to procedure for appointing |
| Date: 13 Apr 2026 Judge: COLVIN J |
11. Mokhtari v Piacentini & Son Pty Ltd (No 3) [2026] FCA 464
| PRACTICE AND PROCEDURE - application for further discovery - some further discovery ordered - consideration of obligations of litigants - consideration of power of Court to waive or vary requirements of Rules |
| Date: 8 Apr 2026 Judge: COLVIN J |
12. Hitachi Rail STS Australia Pty Ltd v Schoof [2026] FCA 343
| EMPLOYMENT - proper construction of enterprise agreement provisions concerning the calculation of penalty and overtime - whether allowances to be included in 'base hourly rate' - whether waiting time penalty provision for delay in payment of 'wages' |
| Date: 27 Mar 2026 Judge: COLVIN J |
13. Fraser v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 336
| MIGRATION - application for judicial review of decision by Assistant Minister - where Assistant Minister exercised their discretion under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Review Tribunal to revoke |
| Date: 25 Mar 2026 Judge: COLVIN J |
14. Hillier v Martin (No 24) [2026] FCA 273
| PRACTICE AND PROCEDURE – application for security for costs – where registrar ordered security – where review sought of registrar’s decision - where applicant a natural person - where respondent sought security for costs against applicant |
| Date: 16 Mar 2026 Judge: COLVIN J |
15. Shearer v James, in the matter of James [2026] FCA 245
| BANKRUPTCY - application to review Registrar's decision to dismiss creditor's petition where no appearance by any party - consideration of nature of judicial power to be exercised on review - order made adjourning the hearing of the petition to a |
| Date: 10 Mar 2026 Judge: COLVIN J |
16. PSC AMGI WSC Pty Ltd v J&P Capital Insurance Pty Ltd (No 2) [2026] FCA 219
| COSTS - assessment of lump-sum costs - consideration of principles to be applied including proportionality and reasonableness of actions of party claiming costs - lump sum costs determined |
| Date: 9 Mar 2026 Judge: COLVIN J |
17. Frigger v Trenfield (Cost Referee Report Adoption) [2026] FCA 218
| PRACTICE AND PROCEDURE - where orders made for cost to be assessed on a lump sum basis by registrar acting as referee - application for adoption of referee report and order fixing costs - whether there should be a stay of application - whether |
| Date: 9 Mar 2026 Judge: COLVIN J |
18. Commissioner of Taxation v Shaw [2026] FCA 197
| TAXATION - where taxpayer was a long-haul truck driver who received a meals allowance - where Commissioner published determination of maximum reasonable daily amount for deductions for meal expenses - where truckdriver claimed maximum - where |
| Date: 4 Mar 2026 Judge: COLVIN J |
19. Ugle v South West Aboriginal Medical Service Limited [2026] FCA 101
| CORPORATIONS - oppression - application to make orders under s 233(1) Corporations Act 2001 (Cth) to fix a date for an annual general meeting and to modify the company constitution to provide for election of directors - where corporation is a |
| Date: 17 Feb 2026 Judge: COLVIN J |
20. Pizzino v Caratti (No 5) [2026] FCA 69
| PRACTICE AND PROCEDURE - where applicant has failed to comply with orders requiring the filing of a substitute statement of claim - where applicant seeks further indulgence to obtain legal representation - where respondent seeks dismissal of |
| Date: 6 Feb 2026 Judge: COLVIN J |
21. JMNR v Minister for Immigration and Citizenship [2026] FCA 50
| MIGRATION - application for extension of time for judicial review of decision of Administrative Review Tribunal - where delegate of Minister refused to revoke cancellation of the applicant's Global Special Humanitarian visa under s 501CA of the |
| Date: 6 Feb 2026 Judge: COLVIN J |
22. Kruger v Thompson (No 2) [2025] FCAFC 193
| COSTS - submissions as to costs following successful appeal - where orders on appeal provided for remittal of proceedings - where appellant had been substantially but not wholly successful on appeal – where respondents sought orders as to payment |
| Date: 22 Dec 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
23. Marteene v Albemarle Lithium Pty Ltd [2025] FCA 1666
| EMPLOYMENT LAW - application for interlocutory injunction to restrain termination of employment or any steps giving effect to termination - alleged failure to afford procedural fairness in relation to possible termination for misconduct - where |
| Date: 18 Dec 2025 Judge: COLVIN J |
24. Davies, in the matter of an application by Davies [2025] FCA 1552
| PRACTICE AND PROCEDURE - documents lodged for filing in proceedings that have been determined - direction by judge that the documents not be accepted for filing without the Court's leave - where documents seek to challenge judgment that was the |
| Date: 9 Dec 2025 Judge: COLVIN J |
25. Ash v Minister for Immigration and Citizenship [2025] FCAFC 174
| MIGRATION – primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm the Minister’s decision not to revoke the Appellant’s visa cancellation – whether Tribunal |
| Date: 5 Dec 2025 Judge: COLVIN, STELLIOS AND HILL JJ |
26. Lehrmann v Network Ten Pty Limited [2025] FCAFC 173
| DEFAMATION - appeal against dismissal of defamation claim - special edition broadcast of The Project which included account given by Ms Higgins of sexual assault - appellant found to be identified as the alleged perpetrator - where appellant alleged |
| Date: 3 Dec 2025 Judge: WIGNEY, COLVIN AND ABRAHAM JJ |
| Date: 20 Nov 2025 Judge: COLVIN J |
28. Relspree Pty Ltd v Cundaline Resources Pty Ltd [2025] FCA 1489
| CORPORATIONS - where defendant engaged in oppressive conduct towards plaintiff - where remaining issues in proceeding concern determination of terms on which defendant will be required to purchase plaintiff's shares and any other orders by way of |
| Date: 18 Nov 2025 Judge: COLVIN J |
29. Takarua v Minister for Immigration and Citizenship [2025] FCA 1419
| MIGRATION – urgent oral application for interim relief restraining applicant's removal from Australia - applicant's visa had been cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where Minister made a decision under s 501CA(4) not |
| Date: 18 Nov 2025 Judge: COLVIN J |
30. Rindeklev v Comcare (No 3) [2025] FCA 1399
| Date: 13 Nov 2025 Judge: COLVIN J |
31. Narda Holdings Pty Ltd v Cafe 24/7 Pty Ltd (in liq) [2025] FCA 1338
| CORPORATIONS - interlocutory application made under s 509(2) of the Corporations Act 2001 (Cth) for an order that the Australian Securities and Investments Commission (ASIC) deregister company on specified date - where specified date sought was in |
| Date: 13 Nov 2025 Judge: COLVIN J |
32. Frigger v Banning (Application for Review of Taxation) [2025] FCA 1395
| PRACTICE AND PROCEDURE - application for review of taxation - where review of taxation stayed pending provision of security for costs - where applicants have not provided security for costs - application dismissed |
| Date: 12 Nov 2025 Judge: COLVIN J |
| NATIVE TITLE - application for consent determination of native title - where applicant determined to be holders of native title in land surrounding the Claim Area - where the same prescribed body corporate for surrounding native title determinations |
| Date: 12 Nov 2025 Judge: COLVIN J |
34. Newmont Canada FN Holdings ULC v Commissioner of Taxation (No 2) [2025] FCA 1356
| TAXATION - sale by foreign resident entities of shares in Australian entity conducting mining operations in Australia - whether share sale gave rise to capital gains tax liability - whether shares were taxable Australian real property - issues |
| Date: 10 Nov 2025 Judge: COLVIN J |
35. J.A.M.C. Nominees (Aust) Pty Ltd v Ciccarello [2025] FCA 1367
| CORPORATIONS - substantive application against director for relief based upon alleged insolvent trading by company - ex parte application for orders charging or caveating or otherwise preventing the sale of director's residence pending outcome of |
| Date: 6 Nov 2025 Judge: COLVIN J |
36. Skycorp Investments Pty Ltd v Commissioner of Taxation (No 2) [2025] FCA 1316
| PRACTICE AND PROCEDURE - application by applicant for indemnity costs on the basis of alleged reversal of position by Commissioner during hearing of interlocutory application - consideration of nature of appeal pursuant to s 14ZZ of the Taxation |
| Date: 28 Oct 2025 Judge: COLVIN J |
37. Mokhtari v Piacentini & Son Pty Ltd (No 2) [2025] FCA 1290
| DISCOVERY - form of orders for discovery by categories - consideration of whether orders should be made allowing redaction of some information and restricted disclosure of some documents |
| Date: 22 Oct 2025 Judge: COLVIN J |
38. Kruger v Thompson [2025] FCAFC 143
| HUMAN RIGHTS – alleged breaches of the Sex Discrimination Act 1984 (Cth) – appeal by way of rehearing – challenges to factual findings of the primary judge – held: appeal allowed – redetermination or remittal – matter to be remitted to |
| Date: 17 Oct 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
39. Q News Pty Ltd v Google LLC [2025] FCA 1208
| REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings raising similar claims against respondents - where there were competing applications for a stay of proceedings - application for leave to appeal - whether a direction should be made for |
| Date: 26 Sep 2025 Judge: COLVIN J |
40. Skycorp Investments Pty Ltd v Commissioner of Taxation [2025] FCA 1184
| PRACTICE AND PROCEDURE - taxation - appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) (TAA) - where applicant alleges underclaimed deductions available under Division 43 of the Income Tax Assessment Act 1997 (Cth) for construction |
| Date: 26 Sep 2025 Judge: COLVIN J |
41. Cooper (Trustee) v Official Receiver [2025] FCA 1155
| BANKRUPTCY - request by trustee in bankruptcy for Official Receiver to issue a written notice under s 139ZQ of the Bankruptcy Act 1966 (Cth) - where request made on basis of claim that transfer of a motor vehicle to bankrupt's parent is void |
| Date: 19 Sep 2025 Judge: COLVIN J |
42. Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1128
| MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal not to overturn decision by delegate of the Minister to cancel the applicant's visa under s 501CA of the Migration Act 1958 (Cth) - where applicant alleged |
| Date: 15 Sep 2025 Judge: COLVIN J |
43. Moli v Minister for Immigration and Multicultural Affairs (No 2) [2025] FCA 1112
| COSTS - liberty to apply in relation to costs - where respondent seeks order as to costs - consideration of whether special circumstances warrant departure from general principle that costs follow event - where applicant advanced contentions of |
| Date: 10 Sep 2025 Judge: COLVIN J |
44. Waturta Tjalkadjara Proceeding [2025] FCA 1145
| Date: 8 Sep 2025 Judge: COLVIN J |
45. Praljak v Office of the Australian Information Commissioner [2025] FCAFC 126
| PRACTICE AND PROCEDURE – application for leave to appeal against orders refusing an extension of time within which to commence proceedings – where judgment is a determination of an application to extend time within which to institute proceedings |
| Date: 4 Sep 2025 Judge: Mortimer CJ, Colvin and Thawley JJ |
46. Frigger v Banning (Application to set aside Security for Costs Order) [2025] FCA 1056
| PRACTICE AND PROCEDURE - application to set aside security for costs and stay of proceedings orders - where applicants seek to advance a review of taxation application in proceedings - whether there was a flawed factual premise for making the orders |
| Date: 3 Sep 2025 Judge: COLVIN J |
47. Stone (Receiver), in the matter of AMS Holdings (WA) Pty Ltd [2025] FCA 1081
| Date: 3 Sep 2025 Judge: COLVIN J |
48. PSC AMGI WSC Pty Ltd v J&P Capital Insurance Pty Ltd [2025] FCA 1057
| CONTRACTS - deed of settlement - competing applications for orders to give effect to terms of deed - where deed provided for one party to transfer certain assets no later than 7 days after the date of deed and the other party to pay the settlement |
| Date: 3 Sep 2025 Judge: COLVIN J |
49. National Disability Insurance Agency v Warwick [2025] FCAFC 100
| ADMINISTRATIVE LAW - proper construction of r 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) - meaning of the phrase 'day-to-day living costs (for example, rent, groceries and utility fees) that are |
| Date: 4 Aug 2025 Judge: COLVIN, JACKSON AND STELLIOS JJ |
| PRACTICE AND PROCEDURE – appeals – costs –entitlement of a “successful” party to costs of proceedings before the primary judge – appellant having achieved substantive success in proceedings – respondent (applicant below) having |
| Date: 25 Jul 2025 Judge: DERRINGTON, COLVIN AND MCEVOY JJ |
51. South Seas Holdings Pty Ltd (Trustee) v Commissioner of Taxation [2025] FCA 848
| TAXATION - appeals brought under s 14ZZ of the Taxation Administration Act 1953 (Cth) in respect of objection decisions of Commissioner concerning related taxpayer entities - where taxpayers claimed deductions for interest and management fees |
| Date: 25 Jul 2025 Judge: COLVIN J |
52. Azad v Avant Insurance Limited (No 2) [2025] FCA 853
| PRACTICE AND PROCEDURE - application to summarily dismiss proceedings - applicant conducting proceedings as a litigant in person - observations as to the obligation of any litigant to clearly and concisely state the nature of the case - |
| Date: 24 Jul 2025 Judge: COLVIN J |
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia - where appellant's application for protection visa was refused - where appellant interviewed by delegate for the Minister in first instance - where appellant was not |
| Date: 11 Jul 2025 Judge: COLVIN J |
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where appellant's application for protection visa was refused - where appellant provided new information to the Immigration Assessment Authority (Authority) through screenshots |
| Date: 11 Jul 2025 Judge: COLVIN J |
| Date: 4 Jul 2025 Judge: COLVIN J |
56. Pizzino v Caratti (No 4) [2025] FCA 657
| PRACTICE AND PROCEDURE - where applicant failed to meet time for filing second further substituted statement of claim - where solicitors for applicant have ceased to act - where issues raised concerning physical and mental health of the applicant - |
| Date: 18 Jun 2025 Judge: COLVIN J |
57. Atalanta Investments Pty Ltd v Kalgoorlie Projects Pty Ltd [2025] FCA 607
| CORPORATIONS - application for leave to bring proceedings pursuant to s 237 of the Corporations Act 2001 (Cth) on behalf of the first defendant against the second defendant - where second defendant has provided property management and |
| Date: 12 Jun 2025 Judge: COLVIN J |
58. Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 78
| MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 – Tribunal required to determine two key issues – primary judge found the appellant was denied |
| Date: 11 Jun 2025 Judge: COLVIN, ANDERSON AND OWENS JJ |
59. Palmer v Shipton [2025] FCA 641
| PRACTICE AND PROCEDURE - whether application for leave to appeal should be referred to Full Court - orders made for application for leave to be referred to Full Court and for application to be heard at the same time as any appeal |
| Date: 10 Jun 2025 Judge: COLVIN J |
60. Frigger v Trenfield (Application to Discontinue) [2025] FCA 640
| PRACTICE AND PROCEDURE - application for leave to discontinue proceedings - where application for discontinuance brought days before final hearing due to commence - where reason for discontinuance was to commence new proceedings relying |
| Date: 6 Jun 2025 Judge: COLVIN J |
| NATIVE TITLE - application to replace applicant under s 66B of the Native Title Act 1993 (Cth) and leave to amend the claim group description in the Form 1 application - where application opposed by members of overlapping claim for determination of |
| Date: 27 May 2025 Judge: COLVIN J |
62. Frigger v Trenfield (Application to Adjourn Final Hearing) (No 2) [2025] FCA 580
| PRACTICE AND PROCEDURE - application to adjourn final hearing - where final hearing would be conducted before outcome of application for leave to appeal interlocutory judgment - where applicants seek leave to appeal to join a party to the |
| Date: 26 May 2025 Judge: COLVIN J |
| NATIVE TITLE - non-claimant application by non-native title interest holder pursuant to s 13(1)(a) of the Native Title Act 1993 (Cth) - where application is opposed by native title representative body - consideration of the relevant onus on a |
| Date: 21 May 2025 Judge: COLVIN, ABRAHAM AND MCEVOY JJ |
| INDUSTRIAL LAW - application for declaratory relief, compensation and interest in respect of annual leave and personal leave entitlements of workers employed in the Iron Bridge Project - where enterprise agreement allowed for system of works with |
| Date: 14 May 2025 Judge: COLVIN J |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
75. 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 |
76. Tanehohaia v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 106
| Date: 21 Feb 2025 Judge: COLVIN J |
77. 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 |
78. 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 |
80. 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 |
81. 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 |
82. 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 |
83. Azad v Avant Insurance Limited [2024] FCA 1528
| Date: 19 Dec 2024 Judge: COLVIN J |
84. 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 |
85. 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 |
86. Rindeklev v Comcare (No 2) [2024] FCA 1349
| Date: 21 Nov 2024 Judge: COLVIN J |
87. 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 |
88. 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 |
89. 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 |
90. Pizzino v Caratti (No 2) [2024] FCA 1236
| Date: 22 Oct 2024 Judge: COLVIN J |
91. 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 |
92. 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 |
94. 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 |
95. 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 |
96. 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 |
97. Rindeklev v Comcare (No 2) [2024] FCA 930
| Date: 16 Aug 2024 Judge: COLVIN J |
98. 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 |
99. 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 |
100. 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 |
