Browse Federal Court JudgmentsBy Judge - Goodman J |
Results
(Goodman
J)
: 256
| Fully matching documents |
1. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 6) [2026] FCA 690
| PRACTICE AND PROCEDURE – application to amend statement of claim – none of the objections to the filing of the proposed amended statement of claim upheld – leave granted to file an amended statement of claim |
| Date: 4 Jun 2026 Judge: GOODMAN J |
2. Top Energy Holdings Pty Ltd v Liu [2026] FCA 689
| CONTRACTS – whether Business Sale Agreement and Loan Agreement between entities on one side of a joint venture were executed prior to entry into the joint venture, or created after the breakdown of the joint venture – held that each Agreement |
| Date: 4 Jun 2026 Judge: GOODMAN J |
3. Commissioner of Taxation v Cheung [2026] FCAFC 75
| APPEAL AND NEW TRIAL – appeal from judgment and orders allowing a taxpayer’s appeal under s 14ZZ(1)(a)(ii) of the Taxation Administration Act 1953 (Cth) – where primary judge upheld the appeal at first instance having made findings that the |
| Date: 28 May 2026 Judge: CHARLESWORTH, GOODMAN AND HORAN JJ |
4. First Class Securities Limited v Global Future Holdings Pty Ltd (No 3) [2026] FCA 633
| PRACTICE AND PROCEDURE – application to extend time in which to file defences – short extension granted |
| Date: 21 May 2026 Judge: GOODMAN J |
5. First Class Securities Limited v Global Future Holdings Pty Ltd (No 2) [2026] FCA 632
| PRACTICE AND PROCEDURE – application to set aside notice to produce – notice had legitimate forensic purpose – application dismissed |
| Date: 20 May 2026 Judge: GOODMAN J |
6. Patial v Kailash Lawyers Pty Ltd (No 2) [2026] FCA 597
| BANKRUPTCY AND INSOLVENCY – dismissal of appeal pursuant to r 36.75 of the Federal Court Rules 2011 (Cth) |
| Date: 11 May 2026 Judge: GOODMAN J |
7. Bertram v Naudi (No 2) [2026] FCAFC 56
| COSTS – order made that costs follow the event after unsuccessful appeal |
| Date: 5 May 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
| MISLEADING OR DECEPTIVE CONDUCT – whether the first defendant (Nuix Limited) engaged in misleading or deceptive conduct in contravention of s 1041H(1) of the Corporations Act 2001 (Cth) or s 12DA(1) of the Australian Securities and Investments |
| Date: 23 Apr 2026 Judge: GOODMAN J |
9. Young v Accenture Australia Pty Limited (No 2) [2026] FCA 444
| PRACTICE AND PROCEDURE – application for summary judgment or the striking out of the whole or part of an amended statement of claim – summary judgment not appropriate – amended statement of claim struck out with leave to replead |
| Date: 16 Apr 2026 Judge: GOODMAN J |
10. Lin v Minister for Immigration and Citizenship [2026] FCA 372
| MIGRATION – application for leave to appeal from an order of a Judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a decision of a Registrar of that Court which dismissed the |
| Date: 31 Mar 2026 Judge: GOODMAN J |
| PRACTICE AND PROCEDURE – application for summary judgment – no reasonable prospects of successfully prosecuting the proceeding in circumstances where the proceeding is based upon a mere error allegedly made by a delegate of the Minister |
| Date: 25 Mar 2026 Judge: GOODMAN J |
12. Talukder v Minister for Immigration and Citizenship [2026] FCA 331
| MIGRATION – application for leave to appeal from an order of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a decision of a Registrar of that Court summarily dismissing an |
| Date: 25 Mar 2026 Judge: GOODMAN J |
13. Bertram v Naudi [2026] FCAFC 40
| BANKRUPTCY – Jurisdiction – appeal from orders of a single judge of the Federal Court – where judge dismissed an application made by discharged bankrupt pursuant to s 90-15 of sch 2 of the Bankruptcy Act 1996 (Cth) that certain contribution |
| Date: 19 Mar 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
14. Khan v Minister for Immigration and Citizenship [2026] FCA 277
| MIGRATION – application for extension of time and leave to appeal a decision of a judge of the FCFCOA (Division 2) declining to reinstate an application in that Court for judicial review of a decision of the Administrative Appeals Tribunal that it |
| Date: 18 Mar 2026 Judge: GOODMAN J |
15. Patial v Kailash Lawyers Pty Ltd [2026] FCA 268
| BANKRUPTCY AND INSOLVENCY – interlocutory application for the stay of the operation and enforcement of the sequestration order – consideration of relevant principles – existence of an arguable case – balance of convenience – application |
| Date: 13 Mar 2026 Judge: GOODMAN J |
| CORPORATIONS – winding up in insolvency – review of decisions under s 35A of the Federal Court of Australia Act 1976 (Cth) |
| Date: 10 Mar 2026 Judge: GOODMAN J |
17. Raine v Islam, in the matter of Islam [2026] FCA 203
| BANKRUPTCY AND INSOLVENCY – application for annulment of sequestration order under s 153B of the Bankruptcy Act 1966 (Cth) – whether sequestration order ought not to have been made for want of service of the creditor’s petition – service |
| Date: 5 Mar 2026 Judge: GOODMAN J |
| CORPORATIONS – voidable transactions – good faith defence under s 588FG(2) of the Corporations Act 2001 (Cth) not made out – defendant called witnesses who had no recollection of the salient events – the evidence of those witnesses and the |
| Date: 4 Mar 2026 Judge: GOODMAN J |
| BANKING AND INSOLVENCY – application for orders pursuant to r 14.23 of the Federal Court Rules 2011 (Cth) concerning the retirement of a court-appointed receiver and manager, and for his replacement – application granted |
| Date: 2 Mar 2026 Judge: GOODMAN J |
20. Nanshan (Aust) Golf Resort Pty Ltd v Earth Fill Group Pty Ltd (No 2) [2026] FCA 157
| PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) against the second respondent – where the second respondent failed to appear, file a defence, or take any other step in the proceeding |
| Date: 25 Feb 2026 Judge: GOODMAN J |
21. Quarter Turn Pty Ltd v Reinteractive Pty Ltd (No 6) [2026] FCA 125
| PRACTICE AND PROCEDURE – application to vary earlier order limiting the use to be made of evidence – application dismissed |
| Date: 19 Feb 2026 Judge: GOODMAN J |
22. Quarter Turn Pty Ltd v Reinteractive Pty Ltd (No 5) [2026] FCA 102
| EVIDENCE – limit on use which may be made of evidence relevant to a wasted expenditure claim in circumstances where the applicant had previously conducted the proceeding on the basis that it was pursuing only a loss of opportunity claim – |
| Date: 16 Feb 2026 Judge: GOODMAN J |
23. Quarter Turn Pty Ltd v Reinteractive Pty Ltd (No 4) [2026] FCA 32
| PRACTICE AND PROCEDURE – application for further security for costs – material change in circumstances since original application – further security ordered |
| Date: 29 Jan 2026 Judge: GOODMAN J |
24. Snow v Secretary, Department of Social Services (No 3) [2026] FCAFC 2
| COSTS – costs of appeal sought by each party – no reason why costs should not follow the event – appellant to pay the respondent’s costs of the appeal |
| Date: 22 Jan 2026 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
25. Snow v Secretary, Department of Social Services (No 2) [2025] FCAFC 191
| ADMINISTRATIVE LAW – appeal from decisions of the primary judge (1) dismissing an appeal under s 44 of the former Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal to order that payment of |
| Date: 19 Dec 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
26. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 5) [2025] FCA 1589
| COSTS – application for security for costs – impecunious trustee company plaintiff declined to provide security for costs and offered to provide an undertaking that was found to be insufficient to provide the requisite protection for the costs |
| Date: 16 Dec 2025 Judge: GOODMAN J |
27. Michael Wilson & Partners Ltd v Cronan [2025] FCA 1588
| LEGAL PRACTITIONERS – implied jurisdiction of the Court to restrain solicitors – where solicitor has over an extended period engaged in conduct including: tendentious correspondence to the Court |
| Date: 16 Dec 2025 Judge: GOODMAN J |
28. Charles Apartments Pty Limited v Commissioner of Taxation [2025] FCAFC 180
| TAXATION – income tax – where the appellant appeals from a decision of a single judge of the Federal Court on an appeal from the Administrative Appeals Tribunal – where the appellant is a special purpose entity within a company group which was |
| Date: 11 Dec 2025 Judge: LOGAN, DOWNES AND GOODMAN JJ |
29. Quarter Turn Pty Ltd v Reinteractive Pty Ltd (No 3) [2025] FCA 1431
| PRACTICE AND PROCEDURE – application to vacate hearing dates in February 2026 so that the applicant can review documents discovered by the respondent and file further expert evidence – where a guillotine order made in June 2024 required the |
| Date: 21 Nov 2025 Judge: GOODMAN J |
30. TJ & P Post as trustee for the Post Family Trust v Agrinova Pty Ltd (No 5) [2025] FCA 1397
| PRACTICE AND PROCEDURE – whether security for costs should be released |
| Date: 14 Nov 2025 Judge: GOODMAN J |
31. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 4) [2025] FCA 1375
| COSTS – where the applicant is successful in recovering only a fraction of the amount claimed – whether the applicant or the respondent should be considered to be the successful party COSTS – where the applicant succeeds on its estoppel case |
| Date: 12 Nov 2025 Judge: GOODMAN J |
32. Nanshan (Aust) Golf Resort Pty Ltd v Earth Fill Group Pty Ltd [2025] FCA 1377
| PRACTICE AND PROCEDURE – application for deemed service under r 10.23 of the Federal Court Rules 2011 (Cth) – whether personal service not practicable – whether there is evidence that the originating application and statement of claim have |
| Date: 11 Nov 2025 Judge: GOODMAN J |
33. Quarter Turn Pty Ltd v Reinteractive Pty Ltd (No 2) [2025] FCA 1389
| PRACTICE AND PROCEDURE – application to set aside a notice to produce for documents recording communications between the applicant or its solicitors and an expert – documents relevant to an application to vacate hearing dates based upon the |
| Date: 11 Nov 2025 Judge: GOODMAN J |
34. SZTSA v Minister for Immigration and Multicultural Affairs [2025] FCA 1330
| MIGRATION – appeal from a decision of the (then) Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the (then) Administrative Appeals Tribunal affirming a decision of the first respondent refusing an |
| Date: 31 Oct 2025 Judge: GOODMAN J |
35. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 4) [2025] FCA 1322
| PRACTICE AND PROCEDURE – application for security for costs against an impecunious plaintiff corporation acting as a trustee – undertakings proffered by the plaintiff, its members, directors and major creditors – adequacy of undertaking – |
| Date: 31 Oct 2025 Judge: GOODMAN J |
36. 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 |
37. 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 |
| MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal concerning a visa cancellation decision – whether the Tribunal failed to consider a claim made by the applicant and thereby failed to afford |
| Date: 23 Oct 2025 Judge: GOODMAN J |
39. DPGL v Minister for Immigration and Multicultural Affairs [2025] FCA 1248
| MIGRATION – judicial review of decision of the Administrative Review Tribunal to affirm decision to refuse the applicant a safe haven visa under s 501(1) of the Migration Act 1958 (Cth) – whether the Tribunal’s decision was legally |
| Date: 16 Oct 2025 Judge: GOODMAN J |
40. Fetelika v Assistant Minister for Immigration [2025] FCA 1249
| MIGRATION – judicial review of decision of the Assistant Minister for Immigration under s 501BA of the Migration Act 1958 (Cth) to cancel the applicant’s visa – whether the Minister’s decision was legally unreasonable – application |
| Date: 16 Oct 2025 Judge: GOODMAN J |
41. Australian Securities and Investments Commission v Cohen [2025] FCA 1255
| CORPORATIONS – conflicted remuneration - Division 4 of Part 7.7A of the Corporations Act 2001 (Cth) – incentives offered to sales agents – requirement to plead with specificity and prove the elements of s 766B of the Act – existence of |
| Date: 16 Oct 2025 Judge: GOODMAN J |
42. LMRD v Minister for Immigration and Citizenship [2025] FCA 1251
| MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal concerning a visa cancellation decision – Minister conceded jurisdictional error – proposed consent orders – jurisdictional error established to |
| Date: 10 Oct 2025 Judge: GOODMAN J |
43. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 3) [2025] FCA 1139
| COSTS – costs of interlocutory application by defendants to vary freezing order – as between the plaintiff and the second to sixth defendants, the plaintiff was successful on discrete issues that will not be part of the final hearing and should |
| Date: 18 Sep 2025 Judge: GOODMAN J |
44. Quarter Turn Pty Ltd v Reinteractive Pty Ltd [2025] FCA 1110
| PRACTICE AND PROCEDURE – application for the provision of security for costs – impecunious applicant – significant delay in bringing the application – provision of security ordered for future costs only |
| Date: 10 Sep 2025 Judge: GOODMAN J |
| INDUSTRIAL LAW – redetermination of penalties following successful appeal from the Federal Circuit and Family Court of Australia (Division 2) and setting aside of penalty order – where first respondent is in liquidation – penalties imposed on |
| Date: 27 Aug 2025 Judge: GOODMAN J |
46. Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd (No 2) [2025] FCA 987
| PRIVILEGE – legal professional privilege – third party reports – investigation of alleged misconduct of employees – whether third party reports were created for the dominant purpose of receiving legal advice – held that reports were |
| Date: 21 Aug 2025 Judge: GOODMAN J |
47. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 2) [2025] FCA 977
| PRACTICE AND PROCEDURE – application by the plaintiff to continue a freezing order as against the second to sixth defendants – whether the plaintiff has a sufficiently arguable case against the second to sixth defendants, including as against |
| Date: 20 Aug 2025 Judge: GOODMAN J |
48. Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 6) [2025] FCA 894
| PRACTICE AND PROCEDURE – application for freezing order following judgment in favour of the cross-claimant – application granted |
| Date: 6 Aug 2025 Judge: GOODMAN J |
49. Kailash Lawyers Pty Ltd v Patial [2025] FCA 884
| CORPORATIONS – application to set aside creditors statutory demands served on four companies – whether the companies applied “to the Court for an order setting aside a statutory demand” within the meaning of s 459G of the Corporations Act |
| Date: 4 Aug 2025 Judge: GOODMAN J |
50. Snow v Secretary, Department of Social Security [2025] FCAFC 98
| PRACTICE AND PROCEDURE – Application for adjournment – Consideration of s 37M Federal Court of Australia Act 1976 (Cth) – Appellant’s health conditions – Unchallenged evidence of health conditions – Appellant litigant in person – |
| Date: 21 Jul 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
51. Patial v Schmidt [2025] FCA 748
| ADMINISTRATIVE LAW – application for review of Registrar’s decision pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept for filing an originating application and statement of claim lodged by the applicant – where the |
| Date: 10 Jul 2025 Judge: GOODMAN J |
| CONSUMER LAW – misleading or deceptive conduct – where the representor engaged in conduct in contravention of s 12DA and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) by making misrepresentations that the provider |
| Date: 10 Jul 2025 Judge: GOODMAN J |
| COSTS – where applicant was unsuccessful on the principal claim and it became unnecessary to determine a cross-claim brought by one respondent against other respondents and another party – where one of the respondents seeks an order for the |
| Date: 26 Jun 2025 Judge: GOODMAN J |
54. Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) [2025] FCA 692
| PRACTICE AND PROCEDURE – application to vary freezing orders so as to excise various bank accounts held with four banks from the operation of the freezing orders – application brought after variations made specifying particular recurring |
| Date: 25 Jun 2025 Judge: GOODMAN J |
| CORPORATIONS – scheme of arrangement – second court hearing – application for orders approving scheme of arrangement and for orders pursuant to s 413 of the Corporations Act 2001 (Cth) for the implementation of the scheme – application |
| Date: 23 Jun 2025 Judge: GOODMAN J |
| CORPORATIONS – application by administrators and deed administrators for directions under s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) – whether the deed administrators are justified in returning to subcontractors of the company in |
| Date: 20 Jun 2025 Judge: GOODMAN J |
57. Cavar v MSS Security Pty Ltd (No 2) [2025] FCA 606
| INDUSTRIAL LAW – contract of employment – no loss established – application dismissed |
| Date: 12 Jun 2025 Judge: GOODMAN J |
58. Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 5) [2025] FCA 586
| COSTS – application for an order that a non-party pay the costs of the successful cross-claimant – no basis established for such an order – application dismissed |
| Date: 5 Jun 2025 Judge: GOODMAN J |
59. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 3) [2025] FCA 587
| ESTOPPEL – equitable estoppel alleged to have arisen from oral representations – evidence of four persons present as to their recollection – no contemporaneous documentation – the making of the contended representations not supported by the |
| Date: 5 Jun 2025 Judge: GOODMAN J |
60. Allotz.com Limited (in liquidation) v Galbally [2025] FCA 546
| PRACTICE AND PROCEDURE – notice to produce set aside on the basis that it would be inconsistent with the overarching purpose to require the respondents to produce documents in circumstances where: (1) the issues in dispute are yet to be defined, |
| Date: 27 May 2025 Judge: GOODMAN J |
| CORPORATIONS – scheme of arrangement – first court hearing – application for orders convening a meeting of members to consider a proposed scheme |
| Date: 12 May 2025 Judge: GOODMAN J |
62. 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 |
65. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
75. 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 |
| 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
