Browse Federal Court JudgmentsBy Judge - Goodman J |
| Fully matching documents |
1. Wilson v Secretary, Department of Agriculture, Fisheries and Forestry (No 2) [2025] FCA 394
| PRACTICE AND PROCEDURE – application by applicant for further discovery following the filing of an amended pleading and service of evidence by both parties – application resisted by the respondent on various bases – application allowed – |
| Date: 24 Apr 2025 Judge: GOODMAN J |
| CORPORATIONS – where the defendant as the holder of an Australian financial services licence, contravened: (1) s 961K(2) of the Corporations Act 2001 (Cth) by reason of its representatives contravening ss 961B and 961G of the Act |
| Date: 24 Apr 2025 Judge: GOODMAN J |
| PRACTICE AND PROCEDURE – application for security for costs – quantum of security to be ordered only issue – security in an amount of $200,000 to be provided – application for enforcement of earlier costs order – proper construction of |
| Date: 17 Apr 2025 Judge: GOODMAN J |
4. Hyder v Commissioner of Taxation [2025] FCA 337
| PRACTICE AND PROCEDURE – applications for leave to appeal from exercise of costs discretion – applications dismissed |
| Date: 10 Apr 2025 Judge: GOODMAN J |
| CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial |
| Date: 9 Apr 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
6. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35
| BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or |
| Date: 24 Mar 2025 Judge: SNADEN, GOODMAN AND MCDONALD JJ |
7. Thapa v Minister for Immigration and Multicultural Affairs [2025] FCA 233
| MIGRATION – appeal from orders of the (then) Federal Circuit Court of Australia – appellant did not appear – appeal dismissed |
| Date: 20 Mar 2025 Judge: GOODMAN J |
8. Fu v Bondi Junction Prime Pty Ltd (No 2) [2025] FCA 221
| CONSUMER LAW – where primary judge found that: (1) the first respondent represented to the appellant that the apartment it was selling to the appellant would be on the eleventh and uppermost floor of the building to be constructed |
| Date: 20 Mar 2025 Judge: GOODMAN J |
9. AJD20 v Minister for Immigration and Multicultural Affairs [2025] FCA 227
| MIGRATION – application to extend time to appeal from a decision of the (then) Federal Circuit Court of Australia – applicant did not appear – application dismissed |
| Date: 19 Mar 2025 Judge: GOODMAN J |
10. Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199
| PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the |
| Date: 17 Mar 2025 Judge: GOODMAN J |
11. McPartland v Commissioner of Taxation [2025] FCAFC 23
| TAXATION – appeal from judgment upholding Tribunal decision in relation to default assessments made under s 167 of the Income Tax Assessment Act 1936 (Cth) – whether primary judge erred in dismissing appeal – whether taxpayers had discharged |
| Date: 12 Mar 2025 Judge: GOODMAN, O'SULLIVAN AND MCEVOY JJ |
12. Fairfield Pastoral Holdings as the trustee of the Piney Ridge Trust v Van Niekerk [2025] FCAFC 25
| ESTOPPEL – Res judicata – issue estoppel – Anshun estoppel – where primary judge concluded that Anshun preclusion doctrine prevented claim being raised in subsequent proceedings – where leave had previously been granted to raise claim in |
| Date: 12 Mar 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
| COSTS - where applicant has discontinued its claim and seeks an order that the respondents pay its costs of that claim on the bases of: (1) capitulation or surrender |
| Date: 27 Feb 2025 Judge: GOODMAN J |
14. Cantor v Audi Australia Pty Limited (No 8) [2025] FCA 134
| PRACTICE AND PROCEDURE - suppression orders - suppression order made in 2019 concerning names of individuals potentially subject to criminal proceedings - suppression remains appropriate - orders extended |
| Date: 27 Feb 2025 Judge: GOODMAN J |
15. ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers &
| CONTRACTS - interpretation - correction of mistakes by construction - whether literal meaning created an absurdity - whether objective intention self-evident - neither established CONTRACTS - rectification - whether continuing common intention not |
| Date: 27 Feb 2025 Judge: GOODMAN J |
16. AAI Limited v The Owners - Strata Plan No 91086 [2025] FCAFC 6
| PRACTICE AND PROCEDURE - application for leave to appeal from an order made under r 9.05 of the Federal Court Rules 2011 (Cth) joining the applicant insurer as a respondent - operation of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 |
| Date: 4 Feb 2025 Judge: MARKOVIC, HALLEY AND GOODMAN JJ |
17. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 8) [2024] FCA 1520
| PRACTICE AND PROCEDURE - application for an expansion of an existing freezing order so as to prevent building work being undertaken on the subject property - no issue as to the existence of an arguable case or the adequacy of the undertaking |
| Date: 23 Dec 2024 Judge: GOODMAN J |
18. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 2) [2024] FCA 1496
| PRACTICE AND PROCEDURE - application for an interlocutory order preventing the respondent from disposing of any of the proceeds of sale of any disposition of real property, water licences or shares held by the respondent, and for ancillary orders - |
| Date: 20 Dec 2024 Judge: GOODMAN J |
19. Cavar v MSS Security Pty Ltd [2024] FCA 1460
| PRACTICE AND PROCEDURE - strike out and summary judgment application - litigant in person - need to strike a balance between the challenges faced by a litigant in person and a respondent faced with a statement of claim that does not disclose in a |
| Date: 18 Dec 2024 Judge: GOODMAN J |
| INDUSTRIAL LAW - appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) imposing penalties for contraventions of the Fair Work Act 2009 (Cth) - whether appeal incompetent by reason of an agreement reached between |
| Date: 18 Dec 2024 Judge: GOODMAN J |
21. Osborne v Wilcre Investments, in the matter of New Emerald Energy Pty Ltd (in liq) [2024] FCA 1453
| CORPORATIONS - application under s 447A of the Corporations Act 2001 (Cth) for orders that Part 5.3A of the Act operate in relation to a company in administration as if the deed of company arrangement (DOCA) had not terminated and as if the DOCA had |
| Date: 16 Dec 2024 Judge: GOODMAN J |
22. ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers &
| PRACTICE AND PROCEDURE - application by the first respondent to have the final hearing conducted in Melbourne - where application not brought promptly and brought after earlier orders for the filing of the application were disregarded - where the |
| Date: 10 Dec 2024 Judge: GOODMAN J |
23. Ferdinands v Registrar Burns (Vexatious Proceedings Order) [2024] FCAFC 157
| HIGH COURT AND FEDERAL COURT - vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - where the applicant has instituted or sought to institute numerous proceedings in this and other courts over prolonged |
| Date: 9 Dec 2024 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
24. Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 153
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - non-revocation of visa cancellation - failure to satisfy character test - Tribunal bound by Ministerial Direction 99 issued under s 499 of Migration Act |
| Date: 4 Dec 2024 Judge: DERRINGTON, GOODMAN AND MCDONALD JJ |
25. Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 4) [2024] FCA 1347
| COSTS - application for indemnity costs based upon an offer of compromise and Calderbank v Calderbank offers - whether non-acceptance of the offers was unreasonable - where the Court unable to assess the reasonableness of the non-acceptance of the |
| Date: 25 Nov 2024 Judge: GOODMAN J |
26. Active Sports Management Pty Ltd v Industry Innovation and Science Australia [2024] FCA 1346
| ADMINISTRATIVE LAW - appeal from the Administrative Appeals Tribunal decision to affirm a decision of the respondent that claimed activities were not "core R&D activities" within the meaning of s 355-25(1) of the Income Tax Assessment Act 1997 (Cth) |
| Date: 25 Nov 2024 Judge: GOODMAN J |
27. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147
| COSTS - whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) - where the successful appeal and remittal for re-trial are the result of judicial error - where the respondent is an individual |
| Date: 14 Nov 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
| COSTS - whether a forthwith costs order should be made on the basis of the financial position of the party entitled to costs, the conduct of the plaintiffs in pursuing an interlocutory application for an order under s 1323(1) of the Corporations Act |
| Date: 13 Nov 2024 Judge: GOODMAN J |
29. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly [2024] FCAFC 137
| HIGH COURT AND FEDERAL COURT - where the appellants appeal from decisions of the Federal Circuit Court of Australia (as it then was) (Circuit Court) that found a long-serving employee of the first appellant (the respondent) was entitled to damages |
| Date: 31 Oct 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
30. BAC Property Pty Ltd v Nee [2024] FCA 1243
| PRACTICE AND PROCEDURE - application by plaintiffs for release from implied undertaking not to disclose or use documents or information obtained under compulsion in an earlier proceeding for preliminary discovery - in the interests of justice to |
| Date: 29 Oct 2024 Judge: GOODMAN J |
31. Naidenov (as liquidator) v Anderson, in the matter of Peach & Co Pty Ltd (in liq) [2024] FCA 1232
| CORPORATIONS - application pursuant to s 1323(1) of the Corporations Act 2001 (Cth) for the appointment of a receiver to the property of the defendant, alternatively for freezing orders - where the grounds relied upon to establish that such an order |
| Date: 24 Oct 2024 Judge: GOODMAN J |
32. Fu v Bondi Junction Prime Pty Ltd [2024] FCA 1222
| PRACTICE AND PROCEDURE - application for stay of orders made by the Federal Circuit and Family Court of Australia (Division 2) pending an appeal from those orders - stay granted subject to condition and until further order |
| Date: 22 Oct 2024 Judge: GOODMAN J |
33. Bullen v Mangano [2024] FCA 1199
| BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - respondent debtor's evidence inadequate to establish that she is able to pay her debts within the meaning of s 52(2)(a) of the Bankruptcy Act 1966 (Cth) - sequestration |
| Date: 17 Oct 2024 Judge: GOODMAN J |
34. PHTP v Minister for Immigration and Multicultural Affairs [2024] FCA 1170
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal concerning a visa cancellation decision - Minister conceded jurisdictional error - proposed consent orders - jurisdictional error established to the |
| Date: 11 Oct 2024 Judge: GOODMAN J |
35. Sampson (Trustee) v Zaki, in the matter of Van Vlijmen (No 2) [2024] FCA 1175
| BANKRUPTCY AND INSOLVENCY - application under s 100-5 of the Insolvency Practice Schedule (Bankruptcy), being Schedule 2 to the Bankruptcy Act 1966 (Cth) for the approval of the assignment of rights to sue - whether to rights to sue which vested in |
| Date: 11 Oct 2024 Judge: GOODMAN J |
36. Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171
| TRUSTS AND TRUSTEES - volunteer recipient of transfer of interest in land received at the direction of another person - the other person, later on notice that the transfer was the product of fraudulent conduct, directed the recipient to transfer the |
| Date: 11 Oct 2024 Judge: GOODMAN J |
37. Van Eps v Child Support Registrar [2024] FCAFC 127
| BANKRUPTCY AND INSOLVENCY - appeals -declaration that the applicant did not file application to set aside bankruptcy notice within time under s 41(7) of the Bankruptcy Act 1966 (Cth) - where application for adjournment refused - where application |
| Date: 26 Sep 2024 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
38. Qantas Airways Limited v Australian and International Pilots Association (No 3) [2024] FCA 1092
| COSTS - applications for costs of the originating application and the cross-claim, pursuant to s 570 of the Fair Work Act 2009 (Cth) - no unreasonable act or omission established with respect to the originating application and in any event the |
| Date: 19 Sep 2024 Judge: GOODMAN J |
39. Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) [2024] FCA 1057
| CORPORATIONS - application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) in an appeal in which the appellant contends that the penalties imposed by the primary judge for contraventions of the |
| Date: 11 Sep 2024 Judge: GOODMAN J |
40. Young v Accenture Australia Pty Limited [2024] FCA 1013
| PRACTICE AND PROCEDURE - interlocutory application for non-publication orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - where statement of claim was released and many of the allegations in the statement of claim were |
| Date: 4 Sep 2024 Judge: GOODMAN J |
41. Raiz v Director of Professional Services Review (No 2) [2024] FCAFC 110
| ADMINISTRATIVE LAW - consequential orders - form of relief - decision of primary judge set aside - writ of certiorari to issue quashing the report and draft report of the second respondent - no occasion for a writ of mandamus directed to the first |
| Date: 28 Aug 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
42. Ferdinands v Registrar Burns [2024] FCAFC 105
| ADMINISTRATIVE LAW - concurrent appeals - where appellant lodged documents for filing on two separate occasions - where a Registrar on each occasion refused under r 2.26 of the Federal Court Rules 2011 (Cth) to accept the documents for filing - |
| Date: 21 Aug 2024 Judge: CHEESEMAN, GOODMAN, MCEVOY JJ |
43. Ghedia (liquidator), in the matter of SK Homes Aus Pty Ltd (in liq) [2024] FCA 859
| CORPORATIONS - applications for review of Registrar's decision to issue orders for production of documents under s 597 of the Corporations Act 2001 (Cth) - requisite connection to examinable affairs of the company - exercise of discretion PRIVILEGE - |
| Date: 2 Aug 2024 Judge: GOODMAN J |
44. Banerjee, in the matter of Johnny's Furniture Group Pty Ltd (in liq) [2024] FCA 838
| CORPORATIONS - application by liquidator for directions under s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) - whether the liquidator is justified in entering into a deed for the sale of stock - whether the liquidator is justified in |
| Date: 26 Jul 2024 Judge: GOODMAN J |
45. Fair Work Ombudsman v Doll House Training Pty Ltd (No 2) [2024] FCA 811
| INDUSTRIAL LAW - application for declaratory relief and pecuniary penalties for contraventions of ss 323(1), 357, 358 and 712(3) of the Fair Work Act 2009 (Cth) - where an employer employed three workers with disabilities, later terminated their |
| Date: 24 Jul 2024 Judge: GOODMAN J |
46. Qantas Airways Limited v Australian and International Pilots Association (No 2) [2024] FCA 756
| INDUSTRIAL LAW - s 50 Fair Work Act 2009 (Cth) - whether contravention of Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020 (EBA10) (LHEA10) - whether agreement to direct allocation of junior pilots to A380 aircraft was |
| Date: 12 Jul 2024 Judge: GOODMAN J |
47. Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 2) [2024] FCA 735
| PRACTICE AND PROCEDURE -- Application for ex parte freezing orders pursuant to s 1323(1) of the Corporations Act 2001 (Cth) -- interim orders sought pursuant to s 1323 (3) of the Act together with ancillary orders -- application for interim and |
| Date: 8 Jul 2024 Judge: GOODMAN J |
48. Raiz v Director of Professional Services Review [2024] FCAFC 91
| ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 |
| Date: 5 Jul 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
49. Kogan, in the matter of Insitec Pty Ltd (Administrators Appointed) [2024] FCA 672
| CORPORATIONS - application for orders pursuant to s 447A of the Corporations Act 2001 (Cth) limiting the liability of administrators with respect to a facility agreement entered into for the purposes of enabling the companies under administration to |
| Date: 20 Jun 2024 Judge: GOODMAN J |
50. Team Dreegan Pty Ltd v Moss, in the matter of Symich Building Pty Ltd [2024] FCA 636
| PRACTICE AND PROCEDURE - application to set aside notice to produce where plaintiff served notice to produce purportedly under r 20.31 of the Federal Court Rules 2011 (Cth) which the plaintiff sought inspection of documents referred to in the |
| Date: 17 Jun 2024 Judge: GOODMAN J |
51. Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79
| MIGRATION - Federal Circuit and Family Court of Australia (FCFCOA) refused extension of time to review Migration Review Tribunal decision - extensive delay in bringing application before FCFCOA - Federal Court Judge treated "appeal" from FCFCOA as |
| Date: 13 Jun 2024 Judge: COLLIER ACJ, Goodman and Meagher jJ |
52. CCU21 v Minister for Home Affairs (Peremptory Mandamus) [2024] FCAFC 69
| MIGRATION - application for peremptory writ of mandamus - where Court had previously issued mandamus directing the Respondent to determine Appellant's revocation application according to law - whether Respondent's return to the writ was insufficient |
| Date: 6 Jun 2024 Judge: PERRAM, HALLEY AND GOODMAN JJ |
53. Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) [2024] FCA 577
| PRACTICE AND PROCEDURE - orders for substituted service and ancillary orders made |
| Date: 4 Jun 2024 Judge: GOODMAN J |
54. Probis Financial Services Pty Ltd (administrators appointed) v Kong (No 2) [2024] FCA 550
| PRACTICE AND PROCEDURE - application for leave to issue a subpoena and to serve it in New Zealand - significance of documents sought to the issues in the proceeding - whether proposed subpoena lacks legitimate forensic purpose - leave to be given |
| Date: 27 May 2024 Judge: GOODMAN J |
| MIGRATION - appeal from the (then) Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to not grant a protection visa - adequacy |
| Date: 16 May 2024 Judge: GOODMAN J |
| INDUSTRIAL LAW - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - redetermination of pecuniary penalties following limited success of appeal and setting aside of penalty order - consideration of course of |
| Date: 9 May 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
57. Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 435
| MIGRATION - aged dependent relative visa - appeal from decision of the (then) Federal Circuit Court of Australia on judicial review of a decision of the Administrative Appeals Tribunal - whether the Tribunal failed to consider evidence advanced by |
| Date: 1 May 2024 Judge: GOODMAN J |
58. Pegasus Supply Solutions Pty Ltd v Collector of Customs [2024] FCA 450
| ADMINISTRATIVE LAW - appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) from a decision of the Administrative Appeals Tribunal remitting a decision concerning the amount payable under a demand issued under s 35A of the |
| Date: 1 May 2024 Judge: GOODMAN J |
59. Saffari v Amazon Commercial Services Pty Ltd [2024] FCA 436
| PRACTICE AND PROCEDURE - application for disqualification on the basis of actual and apprehended bias - no evidence adduced capable of establishing actual bias - no matters raised capable of providing a logical connection to an apprehension that the |
| Date: 1 May 2024 Judge: GOODMAN J |
60. Omani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 376
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal concerning a visa cancellation decision - Minister conceded jurisdictional error - proposed consent orders - jurisdictional error established to the |
| Date: 15 Apr 2024 Judge: GOODMAN J |
61. Talbot v Tesolin Consulting Pty Limited trading as Ray White Quakers Hill (No 2) [2024] FCA 319
| COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) - no unreasonable acts or omissions established - costs discretion not enlivened - application dismissed |
| Date: 3 Apr 2024 Judge: GOODMAN J |
62. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd [2024] FCA 318
| PRACTICE AND PROCEDURE - application for an interlocutory order preventing the respondent from disposing of any of the proceeds of sale of any disposition of real property, water allocation licences or shares held by the respondent, and other orders |
| Date: 3 Apr 2024 Judge: GOODMAN J |
63. Twomey v Que 5 Pty Ltd [2024] FCAFC 30
| ADMINISTRATIVE LAW - appeal from judgment of the Federal Court of Australia dismissing an application for judicial review of decision of the Full Bench of the Fair Work Commission - whether the decision was affected by jurisdictional error because |
| Date: 8 Mar 2024 Judge: SARAH C DERRINGTON, GOODMAN AND RAPER JJ |
64. DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24
| MIGRATION - appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the first respondent not to revoke the |
| Date: 7 Mar 2024 Judge: Sarah C DERRINGTON, GOODMAN AND RAPER JJ |
65. Ross v Attorney-General (Cth) [2024] FCA 180
| PRACTICE AND PROCEDURE - application for an extension of time and for leave to appeal orders made by the primary judge, inter alia, dismissing the proceeding - application dismissed |
| Date: 7 Mar 2024 Judge: GOODMAN J |
66. Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants (No 4) [2024] FCA 179
| PRACTICE AND PROCEDURE - application for leave to file a further Statement of Claim - proposed further Statement of Claim fundamentally flawed - application dismissed |
| Date: 6 Mar 2024 Judge: GOODMAN J |
67. AKW22 v Commonwealth of Australia [2024] FCAFC 22
| MIGRATION - application for leave to appeal against decision striking out statement of claim and summarily dismissing the proceedings - where notice of appeal filed three days late - where proceedings sought damages for false imprisonment - whether |
| Date: 1 Mar 2024 Judge: SARAH C DERRINGTON, GOODMAN AND RAPER JJ |
| CORPORATIONS - meetings of directors of a public company - where business conducted in the absence of a director who had a material personal interest in the vote - whether a procedural or substantive irregularity - whether failure to give sufficient |
| Date: 15 Feb 2024 Judge: GOODMAN J |
69. CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5
| CORPORATIONS - application for leave to appeal from orders made by primary judge dismissing application under s 423 of the Corporations Act 2001 (Cth) (Act) - whether primary judge applied the wrong test under s 423(1)(b) of the Act - whether |
| Date: 7 Feb 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
70. Comcare v Friend [2024] FCAFC 4
| ADMINISTRATIVE LAW - appeal - jurisdiction - where the proceeding below was commenced by originating application for judicial review of two purported decisions under s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) - |
| Date: 1 Feb 2024 Judge: RANGIAH, WHEELAHAN AND GOODMAN JJ |
71. Symbio Holdings Limited, in the matter of Symbio Holdings Limited (No 2) [2024] FCA 40
| CORPORATIONS - scheme of arrangement - application for directions concerning supplementary disclosure - application granted |
| Date: 30 Jan 2024 Judge: GOODMAN J |
| INDUSTRIAL LAW - Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - whether primary judge erred in finding visitor entry and conduct requirements were occupational health and safety requirements for the |
| Date: 29 Jan 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
73. General Manager of the Fair Work Commission v Australian Workers' Union [2023] FCA 1642
| EMPLOYMENT AND INDUSTRIAL RELATIONS - admitted contraventions of s 172, 230(1)(a), 230(2)(b), 231(1) and 254 of the Fair Work (Registered Organisations) Act 2009 (Cth) - whether agreed orders should be made - declarations and penalties totalling $290 |
| Date: 21 Dec 2023 Judge: GOODMAN J |
| CORPORATIONS - best interests obligations in Division 2 of Part 7.7A of the Corporations Act 2001 (Cth) - advice given to clients without adequate consideration of the interests of those clients - contraventions of s 961K of the Corporations Act |
| Date: 20 Dec 2023 Judge: GOODMAN J |
75. Walley, in the matter of PGP Group (Aust) Pty Ltd [2023] FCA 1554
| CORPORATIONS - application for directions and orders providing for the administrators to follow payroll practices adopted by the company prior to their appointment |
| Date: 16 Nov 2023 Judge: GOODMAN J |
| CORPORATIONS - administration of a group of companies - application sought a six month extension of the convening period under s 439A of the Corporations Act 2001 (Cth) - extension granted for approximately three months |
| Date: 15 Nov 2023 Judge: GOODMAN J |
77. Pro Plumbing & Gasfitting Pty Ltd v Betts [2023] FCA 1433
| PRACTICE AND PROCEDURE - orders ancillary to freezing orders - affidavits of disclosure - claim of privilege against self-incrimination with respect to one affidavit - order made requiring the affidavit the subject of the claim for privilege to be |
| Date: 15 Nov 2023 Judge: GOODMAN J |
78. Probis Financial Services Pty Ltd (administrators appointed) v Kong [2023] FCA 1398
| PRACTICE AND PROCEDURE - freezing order - inter partes hearing - whether freezing order made ex parte should be continued - freezing order continued |
| Date: 14 Nov 2023 Judge: GOODMAN J |
79. DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177
| MIGRATION - whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant's subjective fear of harm as a relevant element of the complementary protection |
| Date: 10 Nov 2023 Judge: PERRY, ABRAHAM AND GOODMAN JJ |
80. Dove v Xmeta Pty Ltd (formerly known as Everforex Financial Pty Ltd) (No 3) [2023] FCA 1320
| PRACTICE AND PROCEDURE - cross-claim - contractual arrangements whereby a third party is the decision-maker on behalf of the cross-claimant for the purposes of the proceeding and will receive part of the proceeds of any victory by the cross-claimant |
| Date: 2 Nov 2023 Judge: GOODMAN J |
81. Sampson (Trustee) v Zaki, in the matter of Van Vlijmen [2023] FCA 1287
| PRACTICE AND PROCEDURE - Applicant seeks order for substituted service - order made |
| Date: 27 Oct 2023 Judge: GOODMAN J |
| COSTS - application for indemnity costs based upon Calderbank v Calderbank offers - whether non-acceptance of the offers was unreasonable - where the Court unable to assess the reasonableness of the non-acceptance of the offers by reason of the |
| Date: 27 Oct 2023 Judge: GOODMAN J |
83. Edmonds v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1341
| MIGRATION - application for extension of time in which to seek judicial review of a decision of the Tribunal concerning a visa cancellation decision - Minister conceded jurisdictional error - proposed consent orders - jurisdictional error |
| Date: 26 Oct 2023 Judge: GOODMAN J |
84. Mahommed v Cox as Administrator of the Deceased Estate of Dixon (No 2) [2023] FCAFC 170
| COSTS - application for indemnity costs against appellant's solicitor - whether appropriate to order that solicitor personally bears costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) - application dismissed |
| Date: 20 Oct 2023 Judge: MARKOVIC, GOODMAN AND MCELWAINE JJ |
85. Mehajer v Weston in his capacity as trustee of the bankrupt estate of Mehajer [2023] FCA 1230
| BANKRUPTCY AND INSOLVENCY - application by bankrupt for the replacement of his trustee in bankruptcy - proceeding conducted by reference to eleven grounds said to justify an inquiry into the conduct of the trustee - none of the grounds are such as |
| Date: 18 Oct 2023 Judge: GOODMAN J |
86. Lawrence v Sammut, in the matter of Lawrence [2023] FCA 1170
| COSTS - proceeding to set aside bankruptcy notice - amount sought subsequently paid - proceeding dismissed by consent - whether costs payable on the basis that the applicant, having litigated for some time, surrendered - costs order made - costs |
| Date: 3 Oct 2023 Judge: GOODMAN J |
87. Dove v Everforex Financial Pty Ltd [2023] FCA 1171
| PRACTICE AND PROCEDURE - application to set aside Notices to Produce - relevance of documents sought - whether the potential operation of s 570 of the Fair Work Act 2009 (Cth) operates as a bar to the production of documents relevant to an |
| Date: 3 Oct 2023 Judge: GOODMAN J |
88. Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157
| MIGRATION - mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - meaning of "family violence", "family" and "member of the person's family" in Direction no. 90 - Visa refusal and cancellation under section 501 and |
| Date: 28 Sep 2023 Judge: O'CALLAGHAN, GOODMAN AND KENNETT JJ |
89. BCC21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1072
| MIGRATION - appeal from the Federal Circuit and Family Court of Australia (Division 2) - dismissing an appeal from the Administrative Appeals Tribunal - leave given to raise grounds not advanced before the primary judge - whether the Tribunal failed |
| Date: 13 Sep 2023 Judge: GOODMAN J |
90. O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2023] FCAFC 154
| CONSUMER LAW - misleading and deceptive conduct - whether statements made before entry into a shareholders agreement and the fact of such entry conveyed a representation that a contracting party was capable of performing its obligations under the |
| Date: 13 Sep 2023 Judge: MARKOVIC, HALLEY AND GOODMAN JJ |
91. ACM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1051
| MIGRATION - appellant applied for a protection visa - Minister's delegate decided that the appellant did not satisfy the requirements of s 36 of the Migration Act 1958 (Cth) and that the appellant was an "excluded fast track review applicant" as |
| Date: 8 Sep 2023 Judge: GOODMAN J |
| CONSUMER LAW -misleading or deceptive conduct - insurance product marketed by a company (representor) to Aboriginal persons - whether the representor engaged in conduct in contravention of s 12DA and 12DB of the Australian Securities and Investments |
| Date: 5 Sep 2023 Judge: GOODMAN J |
93. Veolia Water Australia Pty Ltd v Centennial Springvale Pty Limited (No 2) [2023] FCA 1025
| PRACTICE AND PROCEDURE - previous order made for discovery of data concerning samples of water taken from the Springvale and Angus Place mines - documents discovered which contained data from the mines and data from elsewhere - order made requiring |
| Date: 29 Aug 2023 Judge: GOODMAN J |
94. Shi v Minister for Home Affairs [2023] FCAFC 136
| MIGRATION - appeal - judicial review - refusal to revoke cancellation of the appellant's visa - appellant made a representation that removal would place him at a considerable risk of suicide - whether Minister failed to engage with that |
| Date: 16 Aug 2023 Judge: SNADEN, ANDERSON AND GOODMAN JJ |
95. Talbot v Tesolin Consulting Pty Limited trading as Ray White Quakers Hill [2023] FCA 925
| COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) - no unreasonable acts or omissions established - costs discretion not enlivened - application dismissed |
| Date: 10 Aug 2023 Judge: GOODMAN J |
96. Howden v Australian Securities and Investments Commission [2023] FCA 907
| PRACTICE AND PROCEDURE - application for stay of disqualification order, order requiring payment of a pecuniary penalty and costs order pending appeal - application dismissed |
| Date: 4 Aug 2023 Judge: GOODMAN J |
97. Resnick, in the matter of Toplace Pty Ltd (administrators appointed) [2023] FCA 1086
| CORPORATIONS - complex administration of a group of companies - applications for: an extension of the convening period under s 439A of the Corporations Act 2001 (Cth) |
| Date: 1 Aug 2023 Judge: GOODMAN J |
| CORPORATIONS - winding up - application for appointment of special purpose liquidators - creditor willing to fund the special purpose liquidators but not the existing liquidator because of perception of conflict of interests - claims requiring |
| Date: 31 Jul 2023 Judge: GOODMAN J |
| PRACTICE AND PROCEDURE - application for adjournment of mediation and hearing - plaintiffs terminated the retainer of their solicitors shortly before dates set for conduct of mediation and resumption of hearing - order requiring parties to mediate |
| Date: 28 Jul 2023 Judge: GOODMAN J |
100. ENB19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 840
| MIGRATION - application for leave to appeal from a decision of the (then) Federal Circuit Court of Australia - new grounds of appeal propounded - underlying merits insufficient to justify the grant of leave to appeal |
| Date: 27 Jul 2023 Judge: GOODMAN J |
