Browse Federal Court JudgmentsBy Judge - Feutrill J |
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1. Seniors and Disabilities Best Access Group v Commissioner of Main Roads [2025] FCA 424
| HUMAN RIGHTS – urgent application for interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth – complaint lodged with Australian Human Rights Commission alleging unlawful discrimination under ss 6, 23 and 24 of |
| Date: 24 Apr 2025 Judge: FEUTRILL J |
2. De Grey Mining Ltd, in the matter of De Grey Mining Ltd (No 2) [2025] FCA 396
| CORPORATIONS – application for approval of scheme of arrangement under s 411(4) of the Corporations Act 2001 (Cth) – script takeover scheme – post-first court hearing communications with scheme members – pre-scheme meeting substantial |
| Date: 22 Apr 2025 Judge: FEUTRILL J |
3. DZJ25 v Minister for Immigration and Multicultural Affairs [2025] FCA 386
| PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to restrain removal of applicant from Australia – statutory duty to remove as soon as reasonably practicable – power of court to make interlocutory orders to preserve the |
| Date: 14 Apr 2025 Judge: FEUTRILL J |
4. Perth Airport Pty Ltd v Airservices Australia [2025] FCA 351
| PRACTICE AND PROCEDURE – application to further amend statement of claim – introduction of new issue – whether amendments would render pleading evasive or ambiguous or likely to cause prejudice, embarrassment or delay in proceeding – fair |
| Date: 11 Apr 2025 Judge: FEUTRILL J |
| BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s |
| Date: 11 Apr 2025 Judge: SARAH C DERRINGTON, STEWART and FEUTRILL JJ |
6. EEH21 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 340
| PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – absence of applicant at hearing – dismissal of application |
| Date: 10 Apr 2025 Judge: FEUTRILL J |
7. Altrad Australia Pty Ltd v Dropulich [2025] FCA 342
| PRACTICE AND PROCEDURE – application to strike-out paragraphs of statement of claim – evasive or ambiguous pleading – pleading likely to cause prejudice, embarrassment or delay in the proceeding – failure to disclose any reasonable cause of |
| Date: 10 Apr 2025 Judge: FEUTRILL J |
8. EBW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 341
| APPEAL – application for extension of time and leave to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – order dismissing review of registrar’s decision – delegated power to summarily dismiss application |
| Date: 10 Apr 2025 Judge: FEUTRILL J |
9. AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2025] FCA 329
| COSTS – costs of appeal and primary proceeding – successful appeal – failure to conduct appeal consistently with the overarching purpose of the civil practice and procedure provisions – conduct unnecessarily increasing costs of proceeding |
| Date: 8 Apr 2025 Judge: FEUTRILL J |
10. Rindeklev v Comcare [2025] FCA 291
| PRACTICE AND PROCEDURE – application for leave to appeal from decision dismissing application for leave to commence proceeding under s 46PO(3A) of Australian Human Rights Commission Act 1986 (Cth) – consideration of s 20(3) and s 24(1AA) of |
| Date: 1 Apr 2025 Judge: FEUTRILL J |
11. Construction, Forestry and Maritime Employees Union v Qube Ports Pty Ltd [2025] FCA 208
| INDUSTRIAL LAW – declaratory relief under s 545 and pecuniary penalties under s 546 of the Fair Work Act 2009 (Cth) – multiple breaches of obligations to provide training under enterprise agreements – multiple contraventions of s 50 of the |
| Date: 18 Mar 2025 Judge: FEUTRILL J |
12. De Grey Mining Ltd, in the matter of De Grey Mining Ltd [2025] FCA 246
| CORPORATIONS – interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) – script takeover scheme of arrangement |
| Date: 10 Mar 2025 Judge: FEUTRILL J |
13. Reiche v Neometals Ltd (No 2) [2025] FCA 125
| CORPORATIONS – claim for compensation and other relief under s 1317AD and s 1317AE of the Corporations Act 2001 (Cth) – consideration of whistleblower protections under Pt 9.4AAA of the Act – onus of disproving claim under s 1317AD(2B) of |
| Date: 28 Feb 2025 Judge: FEUTRILL J |
14. Ascic v Australian Federal Police [2025] FCA 124
| PRACTICE AND PROCEDURE - application for summary dismissal and strike out - consideration of principles applicable to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 16.21 and r 26.01 of the Federal Court Rules 2011 (Cth) - jurisdiction |
| Date: 26 Feb 2025 Judge: FEUTRILL J |
15. Eumundi Group Limited, in the matter of Eumundi Group Limited (No 2) [2025] FCA 58
| CORPORATIONS - application for approval of scheme of arrangement under s 411(4) of the Corporations Act 2001 (Cth) - concurrent off-market takeover bid - consideration of discretion under s 411(4)(b) and s 411(17) of the Act - consideration of |
| Date: 4 Feb 2025 Judge: FEUTRILL J |
16. Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
| ARBITRATION - investor-State arbitration under a bilateral investment treaty - originating application seeking recognition and enforcement of foreign arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral |
| Date: 31 Jan 2025 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
| CORPORATIONS - special purpose receivers of unregistered managed investment scheme - special purpose liquidators of an operator of the scheme - application for Court approval of and directions concerning special purpose receivers and special purpose |
| Date: 6 Jan 2025 Judge: FEUTRILL J |
18. Eumundi Group Limited, in the matter of Eumundi Group Limited [2024] FCA 1510
| CORPORATIONS - 'takeover' member scheme of arrangement - interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) - summary of applicable principles - concurrent off |
| Date: 19 Dec 2024 Judge: FEUTRILL J |
19. Chikweu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1478
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision to refuse appellant's application |
| Date: 18 Dec 2024 Judge: FEUTRILL J |
20. Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165
| COSTS - costs in the primary proceeding following successful appeal - indemnity principle - other issues of contest - whether to remit issues to the primary judge - issue to be dealt with on taxation |
| Date: 13 Dec 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
21. Australian Securities and Investments Commission v Marco (No 17) [2024] FCA 1449
| CORPORATIONS - application by Court appointed Receivers for fixing remuneration and interim payment of remuneration pending determination by a Registrar - fixing of an appropriate percentage for interim payment - whether interim payment is subject |
| Date: 13 Dec 2024 Judge: FEUTRILL J |
| PRACTICE AND PROCEDURE - originating process for relief setting aside share transfers under s 588FF of Corporations Act 2001 (Cth) and for compensation for breaches of directors' duties - urgent ex parte application for interlocutory injunction to |
| Date: 6 Dec 2024 Judge: FEUTRILL J |
23. DQE21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1399
| MIGRATION - application for extension of time to appeal - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming |
| Date: 6 Dec 2024 Judge: FEUTRILL J |
24. Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of Minister's decision to cancel appellant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - where Minister extended to appellant the opportunity to |
| Date: 6 Dec 2024 Judge: DERRINGTON, FEUTRILL AND HESPE JJ |
25. PBG Projects Pty Ltd V Gu [2024] FCA 1418
| PRACTICE AND PROCEDURE - application to issue warrant for arrest under r 41.05 of the Federal Court Rules 2011 (Cth) - failure to attend means inquiry and produce documents in accordance with orders |
| Date: 5 Dec 2024 Judge: FEUTRILL J |
26. UFC Enterprise Morley Pty Ltd v UFC Enterprise Northbridge Pty Ltd [2024] FCA 1396
| PRACTICE AND PROCEDURE - urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) - application before start of proceeding under r 7.01 - consideration of applicable principles - good arguable case for |
| Date: 29 Nov 2024 Judge: FEUTRILL J |
27. Frigger v Professional Services of Australia Pty Ltd (No 6) [2024] FCA 1320
| PRACTICE AND PROCEDURE - application to reopen security for costs orders - dismissal of proceeding following determination of separate questions COSTS - liability for legal costs - consideration of indemnity principle - costs awarded on a lump sum |
| Date: 15 Nov 2024 Judge: FEUTRILL J |
28. Vines, in the matter of the Bankrupt Estate of Mitchell (No 2) [2024] FCA 1378
| PRACTICE AND PROCEDURE - application to amend originating process and join respondents - application to vary orders appointing interim receivers - reasonably arguable claims for declaratory and other relief disclosed in affidavits in support of |
| Date: 15 Nov 2024 Judge: FEUTRILL J |
29. Husseini v Girchow Enterprises Pty Ltd [2024] FCAFC 143
| CONSUMER LAW - appeal from judgment where appellant found jointly and severally liable to pay damages under s 236 of the Australian Consumer Law - misleading and deceptive conduct under s 18 of the ACL - characterisation of conduct in context - |
| Date: 12 Nov 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
30. Dyball v Brookfield Properties Australia Pty Ltd [2024] FCA 1335
| PRACTICE AND PROCEDURE - application to strike out paragraphs of concise statement - whether material scandalous, vexatious or frivolous or abuse of process - application for suppression and non-publication orders - public interest in open justice |
| Date: 31 Oct 2024 Judge: FEUTRILL J |
31. Vines, in the matter of the Bankrupt Estate of Mitchell [2024] FCA 1276
| BANKRUPTCY AND INSOLVENCY - urgent ex parte application to appoint receivers to company assets under s 57 of the Federal Court of Australia Act 1976 (Cth) - companies owned or controlled by bankrupt - risk of dissipation of company assets and |
| Date: 31 Oct 2024 Judge: FEUTRILL J |
32. Minister for Immigration, Citizenship and Multicultural Affairs v Park [2024] FCAFC 136
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - whether notification of decision to refuse to grant a visa satisfied requirement in s 66(2)(d)(ii) of the Migration Act 1958 (Cth) - consideration |
| Date: 25 Oct 2024 Judge: PERRAM, PERRY AND FEUTRILL JJ |
33. CJO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1228
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm delegate's decision to not revoke mandatory cancellation of visa under s 501CA(4) - failure to comply with para 8.3 of Direction No. 99 - |
| Date: 23 Oct 2024 Judge: FEUTRILL J |
34. Realtek Semiconductor Corporation v Jones (Administrator) [2024] FCA 1321
| CORPORATIONS - application for order pursuant to s 588FM of the Corporations Act 2001 (Cth) - security interest in assets, rights and property of company - failure to register collateral due to inadvertence - prejudice to unsecured creditors |
| Date: 22 Oct 2024 Judge: FEUTRILL J |
35. AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 1223
| MIGRATION - appeal from decision of Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of the decision of the Immigration Assessment Authority affirming delegate's decision to refuse |
| Date: 22 Oct 2024 Judge: FEUTRILL J |
| PRACTICE AND PROCEDURE - form of security for conditional leave to defend |
| Date: 18 Oct 2024 Judge: FEUTRILL J |
37. Reiche v Neometals Ltd [2024] FCA 1202
| PRACTICE AND PROCEDURE - Redfern Schedule - rulings on objections to requested documents |
| Date: 16 Oct 2024 Judge: FEUTRILL J |
38. Joyce v Nguyen, in the matter of the Bankrupt Estate of Nguyen [2024] FCA 1248
| BANKRUPTCY AND INSOLVENCY - application for vacant possession of real property under s 30(1)(b) of the Bankruptcy Act 1966 (Cth) - property vested in trustee in bankruptcy |
| Date: 9 Oct 2024 Judge: FEUTRILL J |
39. Ogbonna v CTI Logistics Ltd (No 6) [2024] FCA 1134
| PRACTICE AND PROCEDURE - application for leave to file proposed interlocutory application - proposed applicant subject of vexatious proceedings order - refusal to accept documents for filing as abuse of process or vexatious or scandalous |
| Date: 25 Sep 2024 Judge: FEUTRILL J |
40. Werndly v Commonwealth of Australia [2024] FCA 1125
| PRACTICE AND PROCEDURE - interlocutory application for summary dismissal - disability discrimination - imputed disability - adequacy of particulars of imputed disability - appropriateness comparator for less favourable treatment |
| Date: 25 Sep 2024 Judge: FEUTRILL J |
41. Rainbow, in the matter of Rainbow [2024] FCA 1197
| PRACTICE AND PROCEDURE - application for interim injunction restraining operation of administrative decision before start of proceeding - suspension of operation of decision under s 15(1) of the Administrative Decisions (Judicial Review) Act 1977 |
| Date: 24 Sep 2024 Judge: FEUTRILL J |
42. Ogbonna v CTI Logistics Ltd (No 5) [2024] FCA 1101
| PRACTICE AND PROCEDURE - application for leave to file proposed interlocutory application - proposed applicant subject of vexatious proceedings order - proposed interlocutory application for extension of time to review decision of a Registrar - |
| Date: 19 Sep 2024 Judge: FEUTRILL J |
| CORPORATIONS - application under s 439A(6) and s 447A of the Corporations Act 2001 (Cth) to extend convening period for second creditors' meeting of group companies in administration - Daisytek order - |
| Date: 18 Sep 2024 Judge: FEUTRILL J |
| BANKRUPTCY AND INSOLVENCY - application for order pursuant to s 588FM of the Corporations Act 2001 (Cth) - security interest in secured party's personal property - perfection of the security interest by possession - failure to register collateral |
| Date: 12 Sep 2024 Judge: FEUTRILL J |
45. Mpinda v Fair Work Commission (No 3) [2024] FCA 1179
| PRACTICE AND PROCEDURE - orders following determination of separate questions |
| Date: 11 Sep 2024 Judge: FEUTRILL J |
46. Ogbonna v CTI Logistics Ltd (No 4) [2024] FCA 1035
| PRACTICE AND PROCEDURE - application for leave to file proposed interlocutory application - proposed applicant subject of vexatious proceedings order - refusal to accept document that is abuse of process or is frivolous or vexatious |
| Date: 5 Sep 2024 Judge: FEUTRILL J |
47. Neave v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1030
| PRACTICE AND PROCEDURE - application to appoint litigation representative - standing - interested person - guardian - service on applicant - person under a legal incapacity - mentally disabled person - enduring power of attorney |
| Date: 5 Sep 2024 Judge: FEUTRILL J |
48. Roebuck v Shopping Centres Australasia Property Group Re Limited (No 2) [2024] FCA 1144
| PRACTICE AND PROCEDURE - application for leave to amend originating process - overarching purpose of civil practice and procedural provisions - separate questions determined - jurisdiction of Court to make declaration under Fair Work Act 2009 (Cth) |
| Date: 4 Sep 2024 Judge: FEUTRILL J |
| PRACTICE AND PROCEDURE - security as condition of trial of issues raised by way of defence - summary judgment |
| Date: 4 Sep 2024 Judge: FEUTRILL J |
50. Rano v Minister for Home Affairs, Minister for Cyber Security [2024] FCA 1003
| MIGRATION - application for judicial review - cancellation of visa under s 501(3) of the Migration Act 1958 (Cth) - whether Minister failed to consider legal consequences of the decision |
| Date: 2 Sep 2024 Judge: FEUTRILL J |
51. Austin Engineering Ltd v Podulova (No 3) [2024] FCA 1001
| PRACTICE AND PROCEDURE - application to vary interlocutory consent orders - whether the interests of justice require variation of orders PRACTICE AND PROCEDURE - application for further and better particulars - application to strike-out paragraphs |
| Date: 2 Sep 2024 Judge: FEUTRILL J |
52. Rana v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1002
| MIGRATION - application for judicial review of decision not to revoke cancellation decision under s 501CA(4) of the Migration Act 1958 (Cth) - whether jurisdictional fact finding illogical, irrational or unreasonable - whether Tribunal failed to |
| Date: 2 Sep 2024 Judge: FEUTRILL J |
| CORPORATIONS - application to appoint special purpose receivers to unregistered managed investment scheme and special purpose liquidators to scheme operator - special purpose to investigate and pursue claims of scheme members against third parties - |
| Date: 2 Sep 2024 Judge: FEUTRILL J |
54. Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (Security for Costs) [2024] FCAFC 113
| PRACTICE AND PROCEDURE - application for security for costs against foreign state - where security sought in relation to application to set aside examination orders - whether set aside application made under s 35A(5) of Federal Court of Australia |
| Date: 29 Aug 2024 Judge: PERRAM, DERRINGTON AND FEUTRILL JJ |
55. CJR17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 932
| MIGRATION - application for an interlocutory injunction to restrain the first respondent from removing applicant from Australia - where Secretary has not referred request for ministerial intervention under s 48B of the Migration Act 1958 (Cth) to |
| Date: 15 Aug 2024 Judge: FEUTRILL J |
56. Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872
| PRACTICE AND PROCEDURE - application for leave to file proposed interlocutory application - proposed applicant subject of vexatious proceedings order - refusal to accept document that is abuse of process or is frivolous or vexatious |
| Date: 6 Aug 2024 Judge: FEUTRILL J |
57. Shaw, in the matter of Ausglobal Construction Pty Ltd [2024] FCA 1143
| CORPORATIONS - application by administrators under s 439A(6) and 447A of the Corporations Act 2001 (Cth) to extend period for convening second creditors' meeting - Daisytek order - difficulties obtaining relevant information and investigating company |
| Date: 5 Aug 2024 Judge: FEUTRILL J |
58. Storry v Parkyn (Vexatious Proceedings Order) [2024] FCAFC 100
| HIGH COURT AND FEDERAL COURT - where the Full Court proposed an order pursuant to s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth) that the appellant be prohibited from instituting proceedings without making an application for leave to |
| Date: 31 Jul 2024 Judge: LEE, FEUTRILL AND JACKMAN JJ |
59. Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76
| PRACTICE AND PROCEDURE -- appeal against orders of the primary judge dismissing the appellant's application for an extension of the one-year limitation period within which to commence an action in defamation - s 56A of the Limitation Act 1969 (NSW), |
| Date: 31 Jul 2024 Judge: WIGNEY, WHEELAHAN AND FEUTRILL JJ |
60. LNMR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 936
| MIGRATION - application for judicial review of the Administrative Appeals Tribunal's decision refusing to revoke cancellation decision of the delegate of the Minister under s 501CA(4) of the Migration Act 1958 (Cth) - whether there was |
| Date: 30 Jul 2024 Judge: FEUTRILL J |
61. Sivwright v St Ives Group Pty Ltd (No 3) [2024] FCA 833
| COSTS - application for costs in a matter arising under the Fair Work Act 2009 (Cth) - unreasonable act - conduct of defence - voluminous documentary evidence - cross-examination of affidavit deponent |
| Date: 30 Jul 2024 Judge: FEUTRILL J |
| MIGRATION - appeal - visa cancelled under s 501 of Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed decision to refuse to revoke cancellation of visa - Federal Court dismissed application for judicial review - whether primary |
| Date: 29 Jul 2024 Judge: BANKS-SMITH, JACKSON AND FEUTRILL JJ |
| PRACTICE AND PROCEDURE - summary judgment - strike out - suppression and non-publication - concise statement method - mandatory interlocutory injunction - without prejudice privilege EQUITY - mandatory injunction for performance or specific |
| Date: 12 Jul 2024 Judge: FEUTRILL J |
64. Official Receiver, in the matter of Mottershead [2024] FCA 823
| BANKRUPTCY - referral of debtor's petitions against a partnership for directions under s 56C(1)(b) and s 56C(3) of the Bankruptcy Act 1966 (Cth) - consideration of principles applicable for specifying the time for commencement of the bankruptcy |
| Date: 3 Jul 2024 Judge: FEUTRILL J |
65. Mpinda v Fair Work Commission (No 2) [2024] FCA 692
| CONTRACTS - informal contracts - intention to create legal relations AGENCY - solicitor and client - actual authority - implied authority - apparent or ostensible authority PRACTICE AND PROCEDURE - settlement agreement - compromise agreement |
| Date: 28 Jun 2024 Judge: FEUTRILL J |
66. AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 707
| PRACTICE AND PROCEDURE - application to reopen appeal after judgment reserved - appellant seeking to rely on new evidence - oversight of the appellant's legal representative - re-agitation of argument - not in the interests of justice to reopen - |
| Date: 18 Jun 2024 Judge: FEUTRILL J |
| CORPORATIONS - originating application under s 423 of the Corporations Act 2001 (Cth) for orders for an inquiry into alleged misconduct of receivers and managers of property of company - plaintiffs parties to security instruments - security |
| Date: 7 Jun 2024 Judge: FEUTRILL J |
| ADMINISTRATIVE LAW - application for interlocutory injunction restraining decision-maker from making administrative decisions and suspending operation of existing administrative decision under the National Disability Insurance Scheme Act 2013 (Cth) - |
| Date: 5 Jun 2024 Judge: FEUTRILL J |
69. Deputy Commissioner of Taxation v Prism Contracting & Consulting Pty Ltd [2024] FCA 688
| PRACTICE AND PROCEDURE - interlocutory application to stay orders of Registrar under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - whether there is evidence of solvency - no order made |
| Date: 31 May 2024 Judge: FEUTRILL J |
70. Storry v Parkyn [2024] FCAFC 67
| APPEAL AND NEW TRIAL - where primary judge dismissed an application for judicial review of a Registrar's decision to refuse to accept documents for filing - where Registrar formed the view the documents on their face were frivolous or vexatious - |
| Date: 28 May 2024 Judge: LEE, FEUTRILL AND JACKMAN JJ |
71. Roebuck v Shopping Centres Australasia Property Group Re Limited [2024] FCA 503
| INDUSTRIAL LAW - originating process for alleged contravention of modern award (Real Estate Industry Award 2020) and misrepresentations contrary to sections 45 and 345 of the Fair Work Act 2009 (Cth) - determination of separate questions on agreed |
| Date: 15 May 2024 Judge: FEUTRILL J |
72. Wu v WYQ Family Pty Ltd [2024] FCA 511
| PRACTICE AND PROCEDURE - application for leave to serve originating process and other documents outside the jurisdiction - substituted service |
| Date: 1 May 2024 Judge: FEUTRILL J |
73. Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449
| CORPORATIONS - application under s 21 of the Federal Court of Australia Act 1976 (Cth), s 418A of the Corporations Act 2001 (Cth) and s 90-15 of Schedule 2 - Insolvency Practice Schedule (Corporations) of the Corporations Act for declaratory relief - |
| Date: 1 May 2024 Judge: FEUTRILL J |
74. Joy v UGL Operations and Maintenance Pty Limited (No 4) [2024] FCA 410
| Date: 16 Apr 2024 Judge: FEUTRILL J |
75. Australian Securities and Investments Commission v Marco (No 15) [2024] FCA 347
| CORPORATIONS - former administrators and liquidators' application for determination of remuneration and payment of costs and expenses under s 60-10(1)(c) and s 90-15 of Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act |
| Date: 10 Apr 2024 Judge: FEUTRILL J |
76. Ogbonna v CIT Logistics Ltd (No 2) [2024] FCA 383
| Date: 28 Mar 2024 Judge: FEUTRILL J |
77. Joy v UGL Operations and Maintenance Pty Limited (No 3) [2024] FCA 279
| PRACTICE AND PROCEDURE - interlocutory applications for recusal, particular discovery and to give testimony and to appear and make submissions via video link |
| Date: 25 Mar 2024 Judge: FEUTRILL J |
78. Owen v Sandhu [2024] FCA 198
| BANKRUPTCY - application to set aside bankruptcy notice and for extension of time for compliance with notice - where bankruptcy notice founded on deemed judgment of the District Court of Western Australia arising from costs order and assessment of |
| Date: 6 Mar 2024 Judge: FEUTRILL J |
79. Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17
| TRUSTS AND TRUSTEES - trustee removed by deed - nature and characteristics of former trustee's right of indemnity following removal - principles CONVEYANCING - fraudulent conveyance - whether deed of removal of trustee voidable under s 86 of the Law |
| Date: 23 Feb 2024 Judge: BANKS-SMITH, O'SULLIVAN AND FEUTRILL JJ |
80. Rasaili v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 195
| MIGRATION - appeal from judgment of Federal Circuit and Family Court of Australia where primary judge refused application for review of decision of the Administrative Appeals Tribunal to refuse to grant Student (Temporary) (Class TU Subclass 500 - |
| Date: 20 Feb 2024 Judge: FEUTRILL J |
81. HBMH v Commonwealth of Australia (No 2) [2024] FCA 8
| MIGRATION - application for interlocutory injunction to prevent the applicant's removal from Australia - where applicant made a request for the Minister to exercise powers under s 195A and s 197AB of the Migration Act 1958 (Cth) that was referred to |
| Date: 11 Jan 2024 Judge: FEUTRILL J |
82. Tucker, in the matter of Quintis Leasing Pty Ltd [2023] FCA 1673
| CORPORATIONS - application under s 447A(1) and 443B(8) and s 90-15 of Schedule 2 - Insolvency Practice Schedule (Corporations) of the Corporations Act 2001 (Cth) to modify operation of the five-business day period in s 443B(2) and s 443B(3) of the |
| Date: 22 Dec 2023 Judge: FEUTRILL J |
83. LVFG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1662
| MIGRATION - refugees - refusal to grant applicant a safe haven enterprise visa - whether Administrative Appeals Tribunal considered applicant's representations regarding the risk of psychological harm to the applicant posed by indefinite detention |
| Date: 22 Dec 2023 Judge: FEUTRILL J |
84. Techforce Personnel Pty Ltd v Jaffer [2023] FCA 1674
| PRACTICE AND PROCEDURE - urgent application for an interlocutory injunction - contractual restraint of trade clauses - order sought to restrain former employee of applicant from soliciting or contacting clients of applicant - where contractual |
| Date: 21 Dec 2023 Judge: FEUTRILL J |
85. Austin Engineering Ltd v Podulova (No 2) [2023] FCA 1627
| COSTS - costs orders - where no hearing on the merits - where interlocutory application resolved by agreement |
| Date: 19 Dec 2023 Judge: FEUTRILL J |
86. NPBP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1595
| MIGRATION - cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - judicial review of Administrative Appeals Tribunal's decision under s 501CA(4) not to revoke cancellation of visa - where Tribunal deferred findings on whether |
| Date: 15 Dec 2023 Judge: FEUTRILL J |
87. Pigozzo v Mineral Resources Ltd (No 2) [2023] FCA 1489
| PRACTICE AND PROCEDURE - application for leave to issue subpoenas to give evidence and produce documents returnable at an interlocutory hearing and (or) before trial - where orders made for exchange of affidavit evidence - where witness unwilling to |
| Date: 28 Nov 2023 Judge: FEUTRILL J |
| COSTS - costs orders - where final hearing adjourned for applicant to consider the effect of the Migration Amendment (Aggregate Sentences) Act 2023 (Cth) - whether Minister should have costs thrown away |
| Date: 9 Nov 2023 Judge: FEUTRILL J |
89. Colbran (Trustee) v Patten, in the matter of the Bankrupt Estate of Patten [2023] FCA 1370
| BANKRUPTCY AND INSOLVENCY - application for vacant possession of real property under s 30(1)(b) of the Bankruptcy Act 1966 (Cth) - where property vested in trustee in bankruptcy - whether bankrupts failed to aid the administration of the estate in |
| Date: 9 Nov 2023 Judge: FEUTRILL J |
90. Ogbonna, in the matter of Ogbonna [2023] FCA 1334
| PRACTICE AND PROCEDURE - vexatious litigant - application under s 37AR for leave to institute appeal proceedings pursuant to s 37AQ and s 37AT of the Federal Court Act 1976 (Cth) - whether grounds of appeal are reasonably arguable - where |
| Date: 2 Nov 2023 Judge: FEUTRILL J |
91. Perumal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1327
| PRACTICE AND PROCEDURE - application for interlocutory injunction to prevent removal of applicant from Australia pending resolution of proceedings - whether there is a serious question to be tried - whether the balance of convenience favours |
| Date: 27 Oct 2023 Judge: FEUTRILL J |
92. A-Cap Energy Limited, in the matter of A-Cap Energy Limited (No 2) [2023] FCA 1356
| CORPORATIONS - scheme of arrangement - application for approval of arrangements between members (shareholders) and creditors (optionholders) under s 411(4) of the Corporations Act 2001 (Cth) - applicable principles - significance of low voter |
| Date: 26 Oct 2023 Judge: FEUTRILL J |
93. Frigger v Trenfield (Application for Release from Undertaking) [2023] FCA 1284
| PRACTICE AND PROCEDURE - undertaking - respondent's interlocutory application to be released from undertaking - where undertaking given in lieu of interlocutory order pending outcome of appeal - where appeal has been resolved in favour of respondent |
| Date: 24 Oct 2023 Judge: FEUTRILL J |
94. Ngatoko v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1165
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed a delegate's decision not to revoke the mandatory cancellation of the applicant's visa under s 501CA(4) of the Migration |
| Date: 29 Sep 2023 Judge: FEUTRILL J |
95. DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1166
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where Tribunal affirmed delegate's decision not to revoke the mandatory cancellation of the applicant's visa under s 501CA(4) of the Migration Act |
| Date: 29 Sep 2023 Judge: FEUTRILL J |
96. RNSQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1111
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where Tribunal affirmed delegate's decision not to revoke the mandatory cancellation of the applicant's visa under s 501CA(4) of the Migration Act |
| Date: 18 Sep 2023 Judge: FEUTRILL J |
97. A-Cap Energy Limited, in the matter of A-Cap Energy Limited [2023] FCA 1142
| CORPORATIONS - Scheme of arrangement - order sought under s 411(1) of the Corporations Act 2001 (Cth) - whether scheme fit for consideration - whether disclosure of directors' interest adequate |
| Date: 15 Sep 2023 Judge: FEUTRILL J |
| MIGRATION - where mandatory cancellation of visa on character grounds - appeal of Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for judicial review of the Tribunal's decision |
| Date: 8 Sep 2023 Judge: ANDERSON, FEUTRILL AND RAPER JJ |
| MIGRATION - appeal - application for extension of time to appeal - where grounds of judicial review dismissed for want of particularity - where appellant and applicant litigants-in-person with limited English language skills - where grounds of |
| Date: 8 Sep 2023 Judge: FEUTRILL J |
100. Sivwright v St Ives Group Pty Ltd (No 2) [2023] FCA 1063
| HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) alleging unlawful discrimination - where complaint of discrimination to the Australian Human Rights Commission was terminated under s |
| Date: 8 Sep 2023 Judge: FEUTRILL JJ |
