Browse Federal Court JudgmentsBy Judge - Feutrill J |
| Fully matching documents |
1. Ogbonna v Link Workforce Pty Ltd (No 3) [2026] FCA 668
| PRACTICE AND PROCEDURE – litigants in person – standard of conduct in litigation and dealings with Court – abuse of process – protection of process – proper administration of justice – stay of proceedings |
| Date: 29 May 2026 Judge: FEUTRILL J |
2. Culleton v State of Western Australia [2026] FCA 699
| PRACTICE AND PROCEDURE – interlocutory application for order in the nature of a writ of habeas corpus and other orders – application misconceived |
| Date: 27 May 2026 Judge: FEUTRILL J |
3. Flinders Street Developments Pty Ltd v Bond Finance No 5 Pty Limited [2026] FCA 637
| PRACTICE AND PROCEDURE – legal practitioners – supervisory jurisdiction – application for interlocutory injunction to restrain instruction of legal representatives –assertion of want of independence and impartiality of legal representatives |
| Date: 25 May 2026 Judge: FEUTRILL J |
4. Altrad Australia Pty Ltd v Dropulich (No 3) [2026] FCA 619
| PRACTICE AND PROCEDURE – application for further and better particulars – applicable principles – fair notice of the case to be met – adequacy of particulars |
| Date: 20 May 2026 Judge: FEUTRILL J |
5. EFT24 v Minister for Immigration and Citizenship [2026] FCA 581
| MIGRATION – appeal – judicial review – decision of Administrative Appeals Tribunal affirming a delegate’s decision to refuse to grant a protection visa – alleged legal unreasonableness as to credit findings – alleged failure to engage |
| Date: 12 May 2026 Judge: FEUTRILL J |
6. GNI18 v Minister for Immigration and Citizenship [2026] FCA 580
| MIGRATION – appeal – application for protection visa refused – provision of bogus document without reasonable explanation – alleged failure of Immigration Assessment Authority to consider certain claims of harm – materiality of alleged |
| Date: 12 May 2026 Judge: FEUTRILL J |
7. AWT23 v Minister for Immigration and Citizenship [2026] FCA 579
| MIGRATION – appeal – protection visa – alleged denial of procedural fairness through failure to provide interpreter – alleged denial of procedural fairness through failure to give appellant notice of adverse credit findings – alleged |
| Date: 12 May 2026 Judge: FEUTRILL J |
8. Deputy Commissioner of Taxation v Golden Dawn Limited (No 2) [2026] FCA 578
| PRACTICE AND PROCEDURE – application for appointment of a receiver in aid of execution of a judgment debt – listed and unlisted securities – convenience of appropriation or realisation of assets under statutory methods of execution – |
| Date: 11 May 2026 Judge: FEUTRILL J |
9. BZM26 v Minister for Immigration and Citizenship [2026] FCA 575
| PRACTICE AND PROCEDURE – application for recusal – litigant in person – alleged reasonable apprehension of bias – case management of unrelated proceeding – no logical connection between the matter asserted and the fear of the Court not |
| Date: 6 May 2026 Judge: FEUTRILL J |
10. Ocean Network Express Pte Ltd v The Ship ‘Blue Fin’ [2026] FCA 555
| ADMIRALTY – action in rem – application for leave to extend the time within which to serve writ |
| Date: 29 Apr 2026 Judge: FEUTRILL J |
11. Commissioner of Taxation v Toowoomba Regional Council [2026] FCAFC 50
| TAXATION – Fringe Benefits Tax – meaning of commercial parking station at ss 39A and 136 of the Fringe Benefits Tax Assessment Act 1986 (Cth) – whether meaning is confined to facilities that are intended to or in fact operate profitably – |
| Date: 27 Apr 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
12. FQB24 v Minister for Immigration and Citizenship [2026] FCA 548
| PRACTICE AND PROCEDURE – application for recusal – apprehended bias – conduct of case management hearing – litigant in person |
| Date: 23 Apr 2026 Judge: FEUTRILL J |
13. Commissioner of Taxation v Huang (No 2) [2026] FCA 482
| TAXATION – administrative law – decision of the Administrative Appeals Tribunal that the Commissioner of Taxation’s objection decision be varied to allow the taxpayer’s objection to shortfall penalties set aside – decision of the Tribunal |
| Date: 21 Apr 2026 Judge: FEUTRILL J |
14. Kirkham v Monash University (No 2) [2026] FCA 454
| APPEAL AND NEW TRIAL – judgment of Federal Circuit and Family Court of Australia (Division 2) to strike out statement of claim and for summary dismissal – whether judgment final or interlocutory – application for extension of time and for |
| Date: 17 Apr 2026 Judge: FEUTRILL J |
15. Kirkham v Monash University [2026] FCA 453
| PRACTICE AND PROCEDURE – application for recusal – alleged actual or apprehended bias – decision by Registrar to reject proposed interlocutory application for filing – orders to prevent inappropriate communications with Court staff |
| Date: 2 Apr 2026 Judge: FEUTRILL J |
16. MBJY v Minister for Immigration and Citizenship [2026] FCA 526
| MIGRATION – application for an extension of time to appeal – applicable principles – interests of justice – modest delay in filing application – impressionistic assessment of grounds of appeal – no arguable grounds of appeal identified |
| Date: 23 Mar 2026 Judge: FEUTRILL J |
17. Ankit v Minster for Immigration and Citizenship [2026] FCA 412
| MIGRATION – appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) – no appearance at case management hearing or appeal hearing by appellant – no compliance with pre-hearing directions – appeal dismissed for |
| Date: 23 Mar 2026 Judge: FEUTRILL J |
18. Ogbonna v Link Workforce Pty Ltd (No 2) [2026] FCA 298
| PRACTICE AND PROCEDURE – bankruptcy – discontinuance of cause of action by trustee in bankruptcy – applicable principles for reintroduction of discontinued cause of action following setting aside of sequestration order – standard of conduct |
| Date: 19 Mar 2026 Judge: FEUTRILL J |
| BANKRUPTCY AND INSOLVENCY– application under s 588FM to fix the latest time for the purpose of s 588FL(2)(b)(iv) of the Corporations Act 2001 (Cth) - failure to register collateral due to inadvertence – prejudice to creditors – grant of |
| Date: 17 Mar 2026 Judge: FEUTRILL J |
| COSTS – costs of originating application – costs of interlocutory applications – merits of grounds of first applicant’s originating application not determined due to respondent’s undertakings equivalent to claimed final relief – second |
| Date: 12 Mar 2026 Judge: FEUTRILL J |
21. Kagoro v Minister for Immigration and Citizenship [2026] FCA 198
| MIGRATION – administrative law – visa applicant – judicial review – failure to pass character test – Administrative Review Tribunal affirmed delegate decision refusing grant of visa – failure to consider substantial and clearly |
| Date: 4 Mar 2026 Judge: FEUTRILL J |
22. Commissioner of Taxation v Hicks (No 2) [2026] FCAFC 14
| COSTS – orders sought under r 25.14 of the Federal Court Rules 2011 (Cth) granting indemnity costs in respect of an appeal – where respondents made offers to settle appeal – where appeal was ultimately dismissed – whether appellant |
| Date: 2 Mar 2026 Judge: DERRINGTON, FEUTRILL, HESPE JJ |
23. Lam v Cheng, in the matter of Cheng (No 2) [2026] FCA 111
| BANKRUPTCY AND INSOLVENCY – costs – creditor prima facie entitled to sequestration order – debtor failing to prove solvency or other sufficient cause that a sequestration order not be made but debtor granted adjournment of hearing of |
| Date: 17 Feb 2026 Judge: FEUTRILL J |
24. Australian Securities and Investments Commission v Marco (No 21) [2026] FCA 112
| PRACTICE AND PROCEDURE – special purpose receivers and special purpose liquidators – application for leave to be heard on issues relating to appointment – application for order treating special purpose receivers and managers as party to the |
| Date: 17 Feb 2026 Judge: FEUTRILL J |
25. Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10
| TAXATION – appeal – objection to amended assessments disallowing deductions and imposing administrative penalties – deductions claimed to be service fees paid under contracts for use of related party trust assets – contract inferred from |
| Date: 17 Feb 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
26. Australian Securities and Investments Commission v Marco (No 20) [2026] FCA 67
| CORPORATIONS – unregistered managed investment schemes – liquidators appointed – treatment of proceeds of realisation of certain property as scheme property – pooling of proceeds of realisation of property as single fund – distribution |
| Date: 6 Feb 2026 Judge: FEUTRILL J |
27. K & S Freighters Pty Ltd v King [2026] FCA 58
| ADMINISTRATIVE LAW – judicial review – legal professional privilege – video surveillance material – application for direction prohibiting or restricting publication or other disclosure of information under s 35(4) of the Administrative |
| Date: 6 Feb 2026 Judge: FEUTRILL J |
28. Wannberg v Administrative Review Tribunal [2026] FCA 61
| PRACTICE AND PROCEDURE – interlocutory application for all hearings to proceed without oral hearing – litigant in person |
| Date: 5 Feb 2026 Judge: FEUTRILL J |
29. DXI22 v Minister for Immigration and Citizenship [2026] FCA 43
| MIGRATION – appeal – judicial review – application for protection visa – evidence not mentioned in statement of reasons – requirement to consider claim – constructive failure to exercise jurisdiction – failure to accord procedural |
| Date: 4 Feb 2026 Judge: FEUTRILL J |
30. Talaugon v Allight Pty Ltd [2025] FCA 1672
| INDUSTRIAL LAW – National Employment Standards – requested flexible working arrangements refused – requested personal or carer’s leave not approved – applicant with family or carer responsibilities and pregnant INDUSTRIAL LAW – General |
| Date: 23 Dec 2025 Judge: FEUTRILL J |
31. Frigger v Professional Services of Australia Pty Ltd (No 7) [2025] FCA 1639
| COSTS – assessment of lump-sum costs where non-compliance with orders to file material in support of lump-sum assessment – assessment of costs where no charges rendered or estimated – consideration of appropriate scale as guide to fair and |
| Date: 19 Dec 2025 Judge: FEUTRILL J |
32. Reiche v Neometals Ltd (Costs) [2025] FCA 1649
| COSTS – protection for whistleblowers – proceeding for orders under s 1317AE(1) of the Corporations Act 2001 (Cth) dismissed – whether applicant instituted part of proceeding without reasonable cause – whether applicant’s unreasonable act |
| Date: 19 Dec 2025 Judge: FEUTRILL J |
33. Pigozzo v Mineral Resources Ltd (No 5) [2025] FCA 1638
| PRACTICE AND PROCEDURE – non-party access request – principle of open justice – request to inspect redacted documents – request to inspect documents read and relied on in open court |
| Date: 18 Dec 2025 Judge: FEUTRILL J |
34. Altrad Australia Pty Ltd v Dropulich (No 2) [2025] FCA 1654
| PRACTICE & PROCEDURE – application for leave to further amend statement of claim – adjournment of trial – overarching purpose of civil practice and procedure provisions |
| Date: 18 Dec 2025 Judge: FEUTRILL J |
35. Reynolds v Higgins, in the matter of Higgins [2025] FCA 1575
| BANKRUPTCY – application for sequestration order – service of bankruptcy notice and creditor’s petition on solicitor authorised to accept service – whether creditor served bankruptcy notice on debtor under s 40(1)(g) of the Bankruptcy Act |
| Date: 12 Dec 2025 Judge: FEUTRILL J |
36. Lam v Cheng, in the matter of Cheng [2025] FCA 1520
| BANKRUPTCY – application for sequestration order by creditors’ petition – petitioning creditors prima facie entitled to sequestration order – bona fide reasonably arguable claim to offsetting debt in separate proceedings – whether debtor |
| Date: 4 Dec 2025 Judge: FEUTRILL J |
37. Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525
| COSTS – applicable principles – sequestration order set aside on appeal – failure to raise relevant ground of opposition at first instance – costs of application for leave to appeal by appellant subject to vexatious proceeding order – |
| Date: 3 Dec 2025 Judge: FEUTRILL J |
38. Commissioner of Taxation v Hicks [2025] FCAFC 171
| TAXATION – application of s 45B of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) – capital benefit scheme – selective capital reduction – where the City Beach business was conducted through a trust, the units of which were pre-CGT |
| Date: 3 Dec 2025 Judge: DERRINGTON, FEUTRILL and HESPE JJ |
39. DAT22 v Minister for Immigration and Citizenship [2025] FCA 1497
| MIGRATION – judicial review – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal dismissed application for non-attendance under s 426A – jurisdictional error – change of email address – actual and |
| Date: 1 Dec 2025 Judge: FEUTRILL J |
40. BOP17 v Minister for Immigration and Citizenship [2025] FCA 1496
| MIGRATION – judicial review – protection visa application refused – decision affirmed on review by Administrative Appeals Tribunal – jurisdictional error – legal unreasonableness – illogical or irrational credit findings |
| Date: 1 Dec 2025 Judge: FEUTRILL J |
41. Stantec New Zealand v Fiji Roads Authority (No 2) [2025] FCA 1498
| ARBITRATION – recognition and enforcement of foreign arbitral award – pending application to set aside award in place of arbitration – adjournment of enforcement proceeding – award debtor objecting to jurisdiction – non-participation of |
| Date: 1 Dec 2025 Judge: FEUTRILL J |
42. Cowgill v Minister for Immigration and Citizenship [2025] FCAFC 166
| 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 the primary |
| Date: 26 Nov 2025 Judge: SARAH C DERRINGTON, FEUTRILL AND HILL JJ |
| ADMINISTRATIVE LAW – judicial review – banning order – decision to make banning order under s 73ZN(2) of National Disability Insurance Scheme Act 2013 (Cth) – internal review decision to vary original banning order decision under s 100(6) of |
| Date: 21 Nov 2025 Judge: FEUTRILL J |
44. Pigozzo v Mineral Resources Ltd (No 4) [2025] FCA 1311
| PRACTICE AND PROCEDURE – non-party access request – principle of open justice – request to inspect redacted documents – where unredacted parts read or relied on in open court – where unredacted parts not read or relied on in open court |
| Date: 29 Oct 2025 Judge: FEUTRILL J |
45. Commissioner of Taxation v Huang [2025] FCA 1314
| TAXATION – administrative penalties – notice of liability to pay administrative penalties given under s 298-10 of Schedule 1 of Taxation Administration Act 1953 (Cth) – Commissioner assessed amount of administrative penalty as 50% of |
| Date: 29 Oct 2025 Judge: FEUTRILL J |
46. Commissioner of Taxation v CPG Group Pty Ltd [2025] FCAFC 147
| TAXATION – goods and services tax – taxable supplies – GST liabilities – creditable acquisitions – input tax credits – precious metal – GST-free – input taxed – anti-avoidance provisions – third parties entered into or carried |
| Date: 24 Oct 2025 Judge: DERRINGTON, GOODMAN AND FEUTRILL JJ |
47. Commissioner of Taxation v ACN 154 520 199 Pty Ltd (in liquidation) [2025] FCAFC 146
| TAXATION – goods and services tax – taxable supplies – GST liabilities – creditable acquisitions – input tax credits – precious metal – GST-free – input taxed – anti-avoidance provisions – third parties entered into or carried |
| Date: 24 Oct 2025 Judge: DERRINGTON, GOODMAN AND FEUTRILL JJ |
48. Blackbird First Mortgage Corporation Pty Ltd v Jacobs [2025] FCAFC 136
| CORPORATIONS AND CORPORATE INSOLVENCY – deed of company arrangement executed under s 444B of the Corporations Act 2001 (Cth) – DOCA binding for claims of creditors under s 444D(1) – secured creditor made advancements before DOCA under loan |
| Date: 6 Oct 2025 Judge: FEUTRILL, VANDONGEN AND LONGBOTTOM JJ |
49. Reiche v Neometals Ltd (No 3) [2025] FCA 1197
| PRACTICE AND PROCEDURE – non-party request for leave to inspect affidavits and exhibits under r 2.32(4) of the Federal Court Rules 2011 (Cth) – principle of open justice – documents read and relied on in open court – parts of documents not |
| Date: 26 Sep 2025 Judge: FEUTRILL J |
50. Otway (liquidator), in the matter of AMD Freight Pty Ltd (in liq) (No 2) [2025] FCA 1169
| COMMERCIAL AND CORPORATIONS – application for termination of winding up under s 482 of the Corporations Act 2001 (Cth) – liquidators appointed administrators under s 436B of the Corporations Act – company executed deed of company arrangement |
| Date: 19 Sep 2025 Judge: FEUTRILL J |
51. Pigozzo v Mineral Resources Ltd (No 3) [2025] FCA 1142
| PRACTICE AND PROCEDURE – settlement agreement – proposed consent orders for final resolution of interlocutory applications and proceeding – interim suppression orders made before settlement – proposed consent order to strike-out paragraphs |
| Date: 18 Sep 2025 Judge: FEUTRILL J |
52. Stantec New Zealand v Fiji Roads Authority [2025] FCA 1149
| PRACTICE AND PROCEDURE – order for service of interlocutory application on party that has not filed a notice of address for service outside Australia – leave to serve documents other than an originating application outside Australia – body |
| Date: 17 Sep 2025 Judge: FEUTRILL J |
53. Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125
| BANKRUPTCY – appeal from sequestration order made under s 43 of the Bankruptcy Act 1966 (Cth) – judgment debt statute-barred under s 13(1) of the Limitation Act 2005 (WA) – enforcement of debt contingent on grant of leave under s 13(1) of the |
| Date: 12 Sep 2025 Judge: FEUTRILL J |
54. Albarran v Reynolds, in the matter of Mercedes Group Pty Ltd (in liquidation) [2025] FCA 1129
| PRACTICE AND PROCEDURE – application for a freezing order under s 23 of the Federal Court of Australia Act 1976 (Cth) and Div 7.4 of the Federal Court Rules 2011 (Cth) – prima facie good arguable case for final relief – danger of defendants |
| Date: 11 Sep 2025 Judge: FEUTRILL J |
55. Franklin, in the matter of Southern Cross Farms SA Pty Ltd [2025] FCA 1079
| CORPORATIONS – appointment of receivers under s 57(1) of the Federal Court of Australia Act 1976 (Cth) – trust property of corporate trustee in administration – trustee removed from office by operation of trust deed - extension of convening |
| Date: 28 Aug 2025 Judge: FEUTRILL J |
56. White, in the matter of Twinza Oil Limited [2025] FCA 1054
| CORPORATIONS – application for judicial direction by a controller under s 424 of the Corporations Act 2001 (Cth) – consideration of applicable principles – direction to justify commencing legal proceedings |
| Date: 27 Aug 2025 Judge: FEUTRILL J |
57. Catalyst Metals Limited, in the matter of Catalyst Metals Limited [2025] FCA 1052
| CORPORATIONS – application for relief under s 1322 of the Corporations Act 2001 (Cth) – non-compliance with s 295(3A) consolidated entity disclosure statement – accuracy of s 295(4) directors’ declaration – accuracy of s 708A(6) |
| Date: 25 Aug 2025 Judge: FEUTRILL J |
58. Lift Shop Pty Ltd v Next Level Elevators Pty Ltd [2025] FCAFC 108
| COPYRIGHT – additional damages – whether primary judge erred in determining entitlement to additional damages in advance of determining quantum and prior to the applicant’s election – whether primary judge erred in her approach to assessing |
| Date: 21 Aug 2025 Judge: FEUTRILL, NESKOVCIN AND MOORE JJ |
59. Rusanov v Commissioner of Taxation (No 2) [2025] FCAFC 116
| PRACTICE AND PROCEDURE – where applicant applies for adjournment of substantive hearing – where adjournment was previously granted relying on medical evidence of stress – where new medical certificate outlines no new condition – where |
| Date: 7 Aug 2025 Judge: LOGAN, FEUTRILL AND WHEATLEY JJ |
60. Rusanov v Commissioner of Taxation (No 3) [2025] FCAFC 117
| PRACTICE AND PROCEDURE – appeal against dismissal of appeal from decision of the Administration Appeals Tribunal affirming an objection decision of the Commissioner of Taxation – where no substantive submissions filed by the appellant in |
| Date: 7 Aug 2025 Judge: LOGAN, FEUTRILL AND WHEATLEY JJ |
61. Australian Securities and Investments Commission v Marco (No 19) [2025] FCA 851
| PRACTICE AND PROCEDURE – application for non-publication order of reasons for decision – necessity to prevent prejudice to the proper administration of justice in criminal trial in Supreme Court of Western Australia – consideration of |
| Date: 23 Jul 2025 Judge: FEUTRILL J |
62. Mizen v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 84
| MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal - whether primary judge erred by failing to find Tribunal misunderstood or misapplied a mandatory relevant consideration under Ministerial |
| Date: 26 Jun 2025 Judge: BANKS-SMITH, FEUTRILL AND VANDONGEN JJ |
63. Seniors and Disabilities Best Access Group v Commissioner of Main Roads (No 2) [2025] FCA 615
| HUMAN RIGHTS – continuation or discharge of interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) – alleging unlawful discrimination under ss 6, 23 and 24 of the Disability Discrimination Act 1992 (Cth) – |
| Date: 26 May 2025 Judge: FEUTRILL J |
64. Mpinda v Fair Work Commission (No 4) [2025] FCA 519
| PRACTICE AND PROCEDURE – interlocutory application, in substance, for determination of separate questions and dismissal following determination of questions – hearing in absence of applicant – notice and service of application on applicant |
| Date: 20 May 2025 Judge: FEUTRILL J |
65. Austin Engineering Ltd v Podulova (No 4) [2025] FCA 523
| PRACTICE AND PROCEDURE – urgent ex-parte application for freezing order – absence of good arguable claim for pecuniary relief – freezing order to prevent frustration of prospective costs judgment – sufficiency of evidence of departure from |
| Date: 19 May 2025 Judge: FEUTRILL J |
66. Neave v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2025] FCA 478
| MIGRATION – application for judicial review of Minister’s decision not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – statutory duty to read, identify, understand and evaluate ‘representations’ |
| Date: 14 May 2025 Judge: FEUTRILL J |
67. Panesar v Attorney-General (Cth) [2025] FCA 477
| CONSTITUTIONAL LAW – s 76(i) and s 76(ii) of the Constitution – ‘matter’ arising under the Constitution or involving its interpretation – notice under s 78B of the Judiciary Act 1903 (Cth) PRACTICE AND PROCEDURE – urgent application |
| Date: 14 May 2025 Judge: FEUTRILL J |
68. Ash v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 467
| MIGRATION – application for judicial review of Administrative Appeals Tribunal decision affirming delegate decision not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) –requirement to read, identify, |
| Date: 12 May 2025 Judge: FEUTRILL J |
| CORPORATIONS – application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – company deregistered after voluntary liquidation – former liquidator unfunded to investigate and prosecute s 588FF |
| Date: 24 Apr 2025 Judge: FEUTRILL J |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
