Browse Federal Court JudgmentsBy Judge - Halley J |
Results
(Halley
J)
: 282
| Fully matching documents |
1. DSL16 v Minister for Immigration and Citizenship [2026] FCA 677
| MIGRATION – application for leave to appeal out of time from decision of a single judge of the Federal Circuit and Family Court of Australia – where applicant’s application for protection visa refused by delegate of the Minister – where |
| Date: 1 Jun 2026 Judge: HALLEY J |
2. ARB20 v Minister for Immigration and Citizenship [2026] FCA 671
| MIGRATION – appeal from decision of a single judge of the Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) dismissing judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where |
| Date: 1 Jun 2026 Judge: HALLEY J |
3. EET20 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 659
| MIGRATION – appeal from decision of a single judge of the then Federal Circuit Court of Australia (FCCA) dismissing judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of a delegate |
| Date: 29 May 2026 Judge: HALLEY J |
4. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd [2026] FCAFC 77
| ESTOPPEL – equity – equitable estoppel alleged to have arisen from written representations amounting to a promise – promise later withdrawn – whether there was reliance on the promise – whether the remedy should be based on the value of |
| Date: 28 May 2026 Judge: STEWART, HALLEY AND STELLIOS JJ |
5. Crowley v Worley Limited [2026] FCAFC 78
| HIGH COURT AND FEDERAL COURT – appeal and cross-appeal – notice of contention – where Worley Limited (WOR) made announcements as to earning expectations – whether the remitter judge failed properly to determine the scope of remitter and |
| Date: 28 May 2026 Judge: MARKOVIC, HALLEY AND OWENS JJ |
6. Leung v Omnia Inclusive Employment Solutions Ltd [2026] FCA 606
| INDUSTRIAL LAW – Appeal from decision dismissing claims by appellant that her former employer had contravened s 340 and s 352 of the Fair Work Act 2009 (Cth) (FW Act) – where appellant claimed excessive judicial intervention and apprehended bias |
| Date: 15 May 2026 Judge: HALLEY J |
7. Chan v Moore [2026] FCA 496
| CORPORATIONS – rejection by liquidator of proof of debt – where proof of debt based on contested balance in director loan account – where director claims advances made to company by a related company in Hong Kong were capital contributions |
| Date: 24 Apr 2026 Judge: HALLEY J |
| CORPORATIONS – Application for leave to appeal interlocutory judgment discharging examination summonses issued by a registrar under s 596B of the Corporations Act 2001 (Cth) for material non-disclosure, and related orders for production, under r 11 |
| Date: 17 Apr 2026 Judge: HALLEY J |
| CORPORATIONS – application for relief under s 233 of the Corporations Act 2001(Cth) (Corporations Act) for claim of oppression of minority shareholders – intersection between contractual rights and fiduciary obligations – intersection between |
| Date: 20 Mar 2026 Judge: HALLEY J |
10. Harris v Military Rehabilitation and Compensation Commission [2025] FCAFC 198
| STATUTORY INTERPRETATION – where the appellant appeals from a decision of the Court to uphold a decision of the Administrative Appeals Tribunal as to the construction of the Military Rehabilitation and Compensation Act 2004 (Cth) (MRC Act) – |
| Date: 22 Dec 2025 Judge: LOGAN, HALLEY AND MCELWAINE JJ |
11. Hartnett v Inspector-General in Bankruptcy [2025] FCAFC 190
| BANKRUPTCY AND INSOLVENCY — Appeal from successful application pursuant to s 222(1) of the Bankruptcy Act 1966 (Cth) to set aside personal insolvency agreement of the Appellant entered under Part X — where primary judge set aside the personal |
| Date: 17 Dec 2025 Judge: HALLEY, MEAGHER and WHEATLEY JJ |
12. Marsh Limited v Greensill Bank AG [2025] FCAFC 186
| PRACTICE AND PROCEDURE – whether use of documents discovered in Federal Court proceeding in an ex parte anti-suit application in overseas court constituted breach of Hearne v Street obligation – whether purpose for which discovered documents |
| Date: 17 Dec 2025 Judge: PERRAM, STEWART AND HALLEY JJ |
13. XYJY v Minister for Immigration and Citizenship [2025] FCA 1572
| MIGRATION — where applicant’s visa was mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) (Act) –– where the Tribunal affirmed delegate’s decision not to revoke visa cancellation pursuant to s |
| Date: 12 Dec 2025 Judge: HALLEY J |
14. BDR21 v Australian Broadcasting Corporation (No 3) [2025] FCA 1535
| PRACTICE AND PROCEDURE – where applicant believes that information contained in documents produced by a respondent pursuant to discovery orders tends to show instances of “disclosable conduct” under the Public Interest Disclosure Act 2013 (Cth) |
| Date: 5 Dec 2025 Judge: HALLEY J |
15. Klewer v National Disability Insurance Agency [2025] FCAFC 169
| ADMINISTRATIVE LAW – where the applicant seeks review of a “decision” made by the Administrative Review Tribunal (the ART) – where both the applicant and first respondent agree the ART erred in finding that it did not have jurisdiction on |
| Date: 28 Nov 2025 Judge: PERRY, HALLEY AND KENNETT JJ |
16. DHI22 v Qatar Airways Group Q.C.S.C (No 4) [2025] FCA 1467
| COSTS – application for immediate taxation of the applicants’ costs of interlocutory applications at first instance and on appeal – where interlocutory applications did not raise discrete issues – where real possibility of multiple taxation |
| Date: 27 Nov 2025 Judge: HALLEY J |
17. Universal City Studios LLC v Telstra Limited (No 2) [2025] FCA 1485
| COPYRIGHT – application for orders disabling access to new means of access to certain target online locations (Additional Urgent Access Means) – where site blocking and ancillary orders previously made with respect to target online locations |
| Date: 25 Nov 2025 Judge: HALLEY J |
| CORPORATIONS – Separate question as to construction of all moneys clause in general security agreement – interrelationship between loan agreement and construction agreement – whether proceeds paid pursuant to a standby letter of credit (SLOC |
| Date: 25 Nov 2025 Judge: HALLEY J |
19. Universal City Studios LLC v Telstra Limited [2025] FCA 1390
| COPYRIGHT – whether site blocking and ancillary orders with respect to 52 target online locations ought to be made under s 115A of the Copyright Act 1968 (Cth) (Act) – where the applicants rely on presumptions in s 126, s 131 and s 115A(5A) of |
| Date: 18 Nov 2025 Judge: HALLEY J |
20. Ullah v OM Security Pty Ltd [2025] FCA 1347
| PRACTICE AND PRCEDURE – Applications for summary dismissal of claims under Fair Work Act 2009 (Cth) pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) (FW Act) and r 26.01 of Federal Court Rules 2011 (Cth) – where applicant claimed |
| Date: 3 Nov 2025 Judge: HALLEY J |
21. Watson Webb Pty Ltd v Comino (No 2) [2025] FCA 1294
| COSTS – application for third party costs order – where design registration named legal representative as applicant – where appeal proceeding from Designs Office named legal representative as appellant – where client had indemnified legal |
| Date: 24 Oct 2025 Judge: HALLEY J |
22. Liu v Miller-Kovacs, in the matter of Privato Enterprises Pty Limited [2025] FCA 1296
| CONTRACTS – whether an agreement was reached as to the purchase of shares in the fourth defendant – disputed terms of agreement between the parties – identity of purchasers – purchase price – where no formal written agreement CORPORATIONS |
| Date: 24 Oct 2025 Judge: HALLEY J |
23. Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224
| PRIVACY ACT – Where an APP entity breached Australian Privacy Principle (APP) 11.1 of the Privacy Act 1988 (Cth) (Act) by failing to take reasonable steps to protect personal information from unauthorised access or disclosure – what constitutes |
| Date: 8 Oct 2025 Judge: HALLEY J |
| PRACTICE AND PROCEDURE – whether leave to appeal required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether judgment or order appealed from is final or interlocutory – where directions provided to liquidators by |
| Date: 11 Sep 2025 Judge: MARKOVIC, HALLEY AND WHEATLEY JJ |
25. Torrens University Australia Limited v Fair Work Ombudsman (No 2) [2025] FCA 1120
| COSTS – application for indemnity costs or, in the alternative, party and party costs pursuant to s 570(2) of Fair Work Act 2009 (Cth) (FW Act) – where Fair Work Ombudsman issued compliance notice based on mistaken interpretation of meaning of |
| Date: 10 Sep 2025 Judge: HALLEY J |
26. Metledge v Woori International Pty Ltd, in the matter of TJM Holdings Group Pty Ltd [2025] FCA 1130
| PRACTICE AND PROCEDURE – Application to stay winding up orders of a registrar pending final determination of an application for review of a decision of a registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – |
| Date: 9 Sep 2025 Judge: HALLEY J |
27. Monks v Pieman Resources Pty Ltd [2025] FCAFC 121
| PRACTICE AND PROCEDURE – Application for leave to appeal default judgment entered pursuant to r 5.23 of Federal Court Rules 2011 (Cth) – where substantial noncompliance with request for particulars and notice to produce – where conduct deemed |
| Date: 3 Sep 2025 Judge: HALLEY, MEAGHER AND WHEATLEY JJ |
28. McCallum as liquidator of Sparrk Logistics Pty Ltd (in liq) v Alpine Fresh Pty Ltd [2025] FCA 1093
| PRACTICE AND PROCEDURE – Application for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) (Rules) – in the alternative, application to strike out disposition of |
| Date: 29 Aug 2025 Judge: HALLEY J |
| COMPETITION – contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) – cartel conduct – bid rigging – where primary judge found evidence established appellants engaged in conduct that constituted attempt to make an |
| Date: 29 Aug 2025 Judge: WIGNEY, ABRAHAM AND HALLEY JJ |
30. BlueScope Steel Limited v Australian Competition and Consumer Commission [2025] FCAFC 118
| COMPETITION – appeals from orders made as to liability for attempts to induce a corporation to arrive at an understanding containing a cartel provision, contravening ss 445ZZRJ and s 76(1)(d) of the Competition and Consumer Act 2010 (Cth) (the Act) |
| Date: 29 Aug 2025 Judge: WIGNEY, BROMWICH AND HALLEY JJ |
| PRIVILEGE – legal professional privilege – whether draft agreements and email chains (Documents) disclose confidential information made for dominant purpose of providing legal advice – held Documents subject to legal professional privilege |
| Date: 22 Aug 2025 Judge: HALLEY J |
32. Watson Webb Pty Ltd v Comino [2025] FCA 871
| DESIGN – entitlement – identification of co-designer for purposes of s 13(1)(a) of the Designs Act 2003 (Cth) (Designs Act) – whether first respondent was only person whose mind conceived relevant shape, configuration, pattern or ornamentation |
| Date: 30 Jul 2025 Judge: HALLEY J |
33. Steele v Host-Plus Pty Limited as trustee for the Hostplus Superannuation Fund [2025] FCA 668
| ADMINISTRATIVE LAW – appeal under s 1057 of the Corporations Act 2001 (Cth) from decision of Australian Financial Complaints Authority Limited (AFCA) affirming decision of superannuation trustee to distribute 100% of deceased’s death benefits to |
| Date: 20 Jun 2025 Judge: HALLEY J |
34. Torrens University Australia Limited v Fair Work Ombudsman [2025] FCA 634
| INDUSTRIAL LAW – review of compliance notice issued pursuant to s 716(2) of Fair Work Act 2009 (Cth) – interpretation of Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – Academic Staff – Award 2020 |
| Date: 16 Jun 2025 Judge: HALLEY J |
35. Thurston v Fox Sports Australia Pty Limited (No 2) [2025] FCA 626
| COSTS – appropriate order for costs given outcome of proceeding where applicants were successful against fourth and fifth respondents, but unsuccessful against first respondent, and sixth, seventh and eighth respondents – whether apportionment |
| Date: 16 Jun 2025 Judge: HALLEY J |
| REPRESENTATIVE PROCEEDINGS – financial services – application brought by applicant on its own behalf and on behalf of group members – consideration of conflicted remuneration following the introduction of the Future of Financial Advice reforms |
| Date: 27 May 2025 Judge: HALLEY J |
| CORPORATIONS – application by trustees and receivers for judicial advice – whether trustees and receivers justified in not appearing and not taking an active role in Court of Appeal of the New South Wales Supreme Court proceeding – orders made |
| Date: 19 May 2025 Judge: HALLEY J |
38. Shield Holdings Australia Pty Ltd (in liq) v Binetter [2025] FCA 451
| PRACTICE AND PROCEDURE – application for joinder of individual to proceeding – service of originating application and other documents outside the jurisdiction pursuant to r 10.42 and r 10.44 of the Federal Court Rules 2011 (Cth) (Rules) – |
| Date: 7 May 2025 Judge: HALLEY J |
39. J&J Richards Super Pty Ltd ATF The J&J Richards Superannuation Fund v Nielsen (No 2) [2025] FCA 431
| REPRESENTATIVE PROCEEDINGS – application for approval of settlement of outstanding issues in relation to indemnity costs and interest pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) (Act) – where applicant has otherwise |
| Date: 2 May 2025 Judge: HALLEY J |
40. Australian Competition and Consumer Commission v Beacon Products Pty Limited (in liq) [2025] FCA 426
| PRACTICE AND PROCEDURE – application for leave to proceed against first and second respondents in liquidation pursuant to s 500(2) of the Corporations Act 2001 (Cth) – application for deemed service, and in the alternative, substituted service |
| Date: 29 Apr 2025 Judge: HALLEY J |
41. Malone v B&M Aboriginal Corporation (In Administration) (No 2) [2025] FCAFC 51
| COSTS – appeal from orders made in an interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) concerning payments required to be made under an Indigenous Land Use Agreement (ILUA) by a petroleum exploration and production |
| Date: 11 Apr 2025 Judge: O'BRYAN, HALLEY AND HORAN J |
| CORPORATIONS – application by administrator under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors – application for ancillary orders under s 447A of the Act – where extension |
| Date: 28 Mar 2025 Judge: HALLEY J |
43. Montsho v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 230
| MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate not to revoke applicant’s mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – |
| Date: 20 Mar 2025 Judge: HALLEY J |
44. Malone v B&M Aboriginal Corporation (In Administration) [2025] FCAFC 24
| NATIVE TITLE – where Indigenous Land Use Agreement (ILUA) required payments to be made by a petroleum exploration and production company to a nominated entity established for the benefit of families comprising native title claim group – where |
| Date: 6 Mar 2025 Judge: O'BRYAN, Halley AND Horan JJ |
45. Thurston v Fox Sports Australia Pty Limited [2025] FCA 54
| DEFAMATION - multiple publications - where applicants part of a group ejected from National Rugby League (NRL) match - whether certain broadcasts conveyed defamatory imputations to the effect that each applicant is racist and racially vilified or |
| Date: 7 Feb 2025 Judge: HALLEY J |
46. York, in the matter of Exactech, Inc (No 2) [2025] FCA 73
| BANKRUPTCY AND INSOLVENCY - application for recognition of United States bankruptcy proceeding as a "foreign main proceeding" pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations |
| Date: 6 Feb 2025 Judge: HALLEY J |
47. 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 |
48. XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 14
| MIGRATION - application for judicial review of decision of the Minister for Immigration, Citizenship and Multicultural Affairs (Minister) made under s 501BA of Migration Act 1958 (Cth) to cancel applicant's visa - where Minister cancelled |
| Date: 22 Jan 2025 Judge: HALLEY J |
49. Primerano v Schisan Investments Pty Ltd [2025] FCA 15
| INDUSTRIAL LAW - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) on separate question - whether applicant was engaged by respondents as a national system employee within the meaning of the Fair Work Act 2009 (Cth) |
| Date: 22 Jan 2025 Judge: HALLEY J |
50. York, in the matter of Exactech, Inc [2024] FCA 1522
| BANKRUPTCY AND INSOLVENCY - application for stay pending recognition of foreign proceeding as a foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations |
| Date: 23 Dec 2024 Judge: HALLEY J |
51. Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171
| CONSUMER LAW - misleading and deceptive conduct - where representations made in promotional materials and delivery of wealth creation course - whether representations conveyed the meaning found by the primary judge - whether statements were of |
| Date: 20 Dec 2024 Judge: SARAH C DERRINGTON, HALLEY AND SHARIFF JJ |
52. J&J Richards Super Pty Ltd ATF The J&J Richards Superannuation Fund v Nielsen [2024] FCA 1472
| INSURANCE - third party claims by investors pursuant to the Civil Liability (Third Party Claims against Insurers) Act 2017 (NSW) against insurer that provided directors and officers liability insurance to a now insolvent company - proceeding brought |
| Date: 18 Dec 2024 Judge: HALLEY J |
53. Carter v Chubb Insurance Australia Ltd (No 2) [2024] FCA 1464
| PRACTICE AND PROCEDURE - judgments and orders - application for pre-judgment interest - whether unexplained delay constitutes "good cause" in exercising discretion not to order interest pursuant to s 51A of the Federal Court of Australia Act 1976 |
| Date: 17 Dec 2024 Judge: HALLEY J |
54. Pain v Lombe (liquidator), in the matter of Babcock &
| PRACTICE AND PROCEDURE - application for permanent stay of proceeding - abuse of process - Babcock & |
| Date: 21 Nov 2024 Judge: HALLEY J |
55. Carter v Chubb Insurance Australia Ltd [2024] FCA 1312
| INSURANCE - claims for indemnity by a chief executive officer and managing director (Director) under a directors and officers liability policy for defence costs incurred in defending criminal charges and civil proceedings - where insurer denied |
| Date: 14 Nov 2024 Judge: HALLEY J |
| BANKRUPTCY AND INSOLVENCY - application by Court appointed receiver for discharge following payment of remuneration, costs and expenses - application granted - orders made |
| Date: 10 Oct 2024 Judge: HALLEY J |
57. Kisun v New Zealand [2024] FCAFC 118
| EXTRADITION - appeal against decision of a Federal Court judge affirming decision of a Magistrate not to prevent surrender to New Zealand for extradition - HELD: no error established - appeal dismissed with costs |
| Date: 10 Sep 2024 Judge: BROMWICH, ABRAHAM AND HALLEY JJ |
| CORPORATIONS - application for company to be added as a defendant to proceedings, liquidator to be appointed to company, revised pooling order pursuant to s 579E of the Corporations Act 2001 (Cth) (Corporations Act) to join company to pooled group, |
| Date: 3 Sep 2024 Judge: HALLEY J |
59. BDS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 112
| MIGRATION - Appeal from Federal Circuit and Family Court of Australia (Div 2) - grounds of apprehended bias, failure to discharge judicial review functions, denial of fairness by primary judge and error by primary judge in failing to find error in |
| Date: 3 Sep 2024 Judge: BROMWICH, LEE AND HALLEY JJ |
60. Kirsten v Miller as executor of the estate of Detlef John Kirsten (No 2) [2024] FCAFC 106
| PRACTICE AND PROCEDURE - costs - appeal from order awarding costs to a party - whether primary judge failed to have regard to an agreement that the parties bear their own costs of part of the proceeding - whether there was utility in pursuing claims |
| Date: 27 Aug 2024 Judge: CHARLESWORTH, DERRINGTON AND HALLEY JJ |
| COSTS - application by each party and the intervener for their costs of the proceedings - proceedings commenced by plaintiffs' application to the Court for judicial advice pursuant to s 90-15 and s 90-20 of the Insolvency Practice Schedule |
| Date: 23 Aug 2024 Judge: HALLEY J |
| PRACTICE AND PROCEDURE - application by appellants for a stay of civil penalty, consumer redress and costs orders made by the primary judge pending hearing and determination of appeal - respondents consented to stay of civil penalty and costs orders |
| Date: 23 Aug 2024 Judge: HALLEY J |
| CORPORATIONS - insolvent trading - application by liquidator of company against former director for breach of statutory directors' duty to prevent insolvent trading pursuant to s 588G of the Corporations Act 2001 (Cth) (Act) - whether the defendant |
| Date: 23 Aug 2024 Judge: HALLEY J |
| PRACTICE AND PROCEDURE - application for pre-judgment interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) - date from which pre-judgment interest in proceedings commenced by liquidator against former directors of a company |
| Date: 16 Aug 2024 Judge: HALLEY J |
| CORPORATIONS - application by liquidator of company against former directors for breach of statutory directors' duties under the Corporations Act 2001 (Cth) (Act) and claims for compensation under s 1317H of the Act - claims that each director was |
| Date: 9 Aug 2024 Judge: HALLEY J |
| CORPORATIONS - application by administrators for orders pursuant to s 433B(8) and s 477A(1) of the Corporations Act 2001 (Cth) (Act) - administrators seek four week extension of time in which they are to give notice to lessors of property leased by |
| Date: 2 Aug 2024 Judge: HALLEY J |
67. Euro Car Parts Pty Ltd v Cannon [2024] FCA 828
| INDUSTRIAL LAW - appeal from orders of Industrial Magistrate of the Industrial Magistrates Court of Western Australia - jurisdictional issue - whether the Industrial Magistrates Court of Western Australia has jurisdiction to make orders with respect |
| Date: 30 Jul 2024 Judge: HALLEY J |
68. Ghimire v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 816
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act |
| Date: 25 Jul 2024 Judge: HALLEY J |
69. Heal v Sydney Flames Basketball Pty Ltd (No 2) [2024] FCA 794
| INDUSTRIAL LAW - imposition of pecuniary penalty under s 546 of the Fair Work Act 2009 (Cth) (Act) for failure to provide payslips pursuant to s 536 of the Act - where respondent admitted to the contravention in the primary proceedings - whether |
| Date: 19 Jul 2024 Judge: HALLEY J |
| CORPORATIONS - application for judicial advice pursuant to s 90-15 and s 90-20 of the Insolvency Practice Schedule (Corporations) in Sch 2 of the Corporations Act 2001 (Cth) as to the treatment of levies issued by a strata building management |
| Date: 19 Jul 2024 Judge: HALLEY J |
71. Thompson v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 776
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act |
| Date: 18 Jul 2024 Judge: HALLEY J |
72. Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 94
| MIGRATION - visas - cancellation - where appellant convicted of criminal offences and sentenced to term of imprisonment - appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review - where |
| Date: 15 Jul 2024 Judge: WIGNEY, HALLEY AND DOWLING JJ |
73. QV Equities Limited, in the matter of QV Equities Limited (No 2) [2024] FCA 727
| CORPORATIONS - members' scheme of arrangement - second court hearing - application pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (Act) for approval of scheme - exemption from compliance with s 411(11) of the Act - application granted |
| Date: 4 Jul 2024 Judge: HALLEY J |
74. Robinson Grain Trading Co Pty Ltd, in the matter of Rain-AG Shipping Services Pty Ltd [2024] FCA 714
| CORPORATIONS - application seeking to extend time to register security interests on the Personal Property Securities Register - application pursuant to s 588FM of the Corporations Act 2001 (Cth) - application pursuant to s 293 of the Personal |
| Date: 3 Jul 2024 Judge: HALLEY J |
75. Connor v Australian Financial Complaints Authority [2024] FCA 711
| APPEALS - appeal from determination of the Australian Financial Complaints Authority (AFCA) affirming decision of the Commonwealth Superannuation Corporation (CSC) as trustee of the Commonwealth Superannuation Scheme - where AFCA determined the |
| Date: 3 Jul 2024 Judge: HALLEY J |
| CORPORATIONS - application by liquidator of company for approval under s 477(2B) of the Corporations Act 2001 (Cth) to enter into a variation to a funding agreement on behalf of company in liquidation - factors relevant to the Court's assessment of |
| Date: 28 Jun 2024 Judge: HALLEY J |
77. Stone (liquidator), in the matter of Ironbark Blacksmithing Pty Ltd (in liq) v Mizzi [2024] FCA 696
| CORPORATIONS - application by liquidator of company for recovery of shareholder loans from company to the defendants, and damages for breaches of directors' duties and insolvent trading - where defendants were the sole directors and shareholders of |
| Date: 28 Jun 2024 Judge: HALLEY J |
78. Scott (trustee) v Stolyar, in the matter of Stolyar (Bankrupt) (No 2) [2024] FCA 659
| BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for enforcement of charging order over shares - orders made on 22 December 2023 appointing receiver to sell shares and for sale proceeds to be paid into Court - application by receiver |
| Date: 21 Jun 2024 Judge: HALLEY J |
79. Veale v Coleman [2024] FCAFC 83
| BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - foreign currency judgment debt - where bankruptcy notice includes incorrect date for conversion of foreign currency |
| Date: 20 Jun 2024 Judge: MARKOVIC, HALLEY AND CHEESEMAN JJ |
80. Keybridge Capital Limited v WAM Active Limited (No 2) [2024] FCAFC 72
| COSTS - whether costs of unsuccessful appeal should be paid on an indemnity basis |
| Date: 6 Jun 2024 Judge: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ |
81. 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 |
82. QV Equities Limited, in the matter of QV Equities Limited [2024] FCA 567
| CORPORATIONS - members' scheme of arrangement - first court hearing - application under s 411 and s 1319 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement - proposed |
| Date: 24 May 2024 Judge: HALLEY J |
83. FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 549
| MIGRATION - leave to appeal and associated extension of time - appeal from primary judge's interlocutory orders - whether primary judge's reasons for making interlocutory orders attended with sufficient doubt and whether potential for substantial |
| Date: 24 May 2024 Judge: HALLEY J |
| NATIVE TITLE - consent determination - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) - appropriate to make orders - determination of native title made |
| Date: 22 May 2024 Judge: HALLEY J |
| CORPORATIONS - application by administrators for orders pursuant to s 443A and s 447A of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) (IPS) for orders that the administrators are justified in |
| Date: 16 May 2024 Judge: HALLEY J |
86. Minos v S.J. Timilty Building Pty Limited (Deregistered) [2024] FCA 512
| CORPORATIONS - application for reinstatement of a deregistered company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) (Act) - application for orders that the company be wound up pursuant to s 461(1)(k) of the Act and liquidator to be |
| Date: 13 May 2024 Judge: HALLEY 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 |
88. Roadshow Films Pty Limited v Telstra Limited [2024] FCA 485
| INTELLECTUAL PROPERTY - copyright - application for injunction under s 115A of the Copyright Act 1968 (Cth) - carriage services providers - whether online locations outside Australia infringed or facilitated the infringement of copyright works - |
| Date: 8 May 2024 Judge: HALLEY J |
89. Heal v Sydney Flames Basketball Pty Ltd [2024] FCA 401
| INDUSTRIAL LAW - general protections - adverse action - workplace rights - whether employee had or exercised workplace rights - whether alleged workplace rights were workplace rights within the meaning of s 341(1)(c) of the Fair Work Act 2009 (Cth) |
| Date: 19 Apr 2024 Judge: HALLEY J |
90. Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46
| CONSUMER LAW - whether primary judge erred in finding that certain promotional materials did not convey alleged representations under ss 18 and 29 of the Australian Consumer Law - where respondents ceased to trade after hearing of appeal and before |
| Date: 11 Apr 2024 Judge: O'CALLAGHAN, HALLEY AND BUTTON JJ |
91. DHI22 v Qatar Airways Q.C.S.C (No 3) [2024] FCA 351
| PRIVATE INTERNATIONAL LAW - where second respondent asserts immunity under s 9 of the Foreign States Immunities Act 1985 (Cth) (FSI Act) - whether second respondent is a separate entity within the meaning of s 3(1) of the FSI Act - whether second |
| Date: 10 Apr 2024 Judge: HALLEY J |
92. DHI22 v Qatar Airways Q.C.S.C (No 2) [2024] FCA 348
| AVIATION - liability of an aircraft carrier for injuries allegedly suffered by the applicants - whether claim can be brought against the first respondent under the Montreal Convention - meaning of "in the course of any of the operations of embarking |
| Date: 10 Apr 2024 Judge: HALLEY J |
93. P.T. Limited (trustee), in the matter of Pinelake Ribbon Retail Pty Limited [2024] FCA 355
| CORPORATIONS - application pursuant to s 588FM of the Corporations Act 2001 (Cth) (Act) for fixing of time in respect of registration of securities interest where failure to register was accidental or inadvertent - triggering of "later time" under s |
| Date: 5 Apr 2024 Judge: HALLEY J |
| CORPORATIONS - ex parte application for freezing orders under s 1323 of the Corporations Act 2001 (Cth) - whether preconditions for making of an order satisfied - whether orders are necessary or desirable to protect the interests of aggrieved |
| Date: 5 Apr 2024 Judge: HALLEY J |
| CORPORATIONS - voluntary administration of company operating a business together with a group of companies - application under s 439A of the Corporations Act 2001 (Cth) to extend convening period of the second meeting of the creditors for six months |
| Date: 5 Apr 2024 Judge: HALLEY J |
96. Tam v MLPG Holdings Australia Pty Ltd [2024] FCA 394
| CORPORATIONS - liquidator - appointment of provisional liquidator |
| Date: 4 Apr 2024 Judge: HALLEY J |
97. Tam v 5 Autumndale Holdings Pty Ltd [2024] FCA 395
| CORPORATIONS - liquidator - appointment of provisional liquidator |
| Date: 4 Apr 2024 Judge: HALLEY J |
98. Brennan v DCA Capital Pty Ltd, in the matter of DCA Capital Pty Ltd [2024] FCA 475
| CORPORATIONS - ex parte application for interim orders pursuant s 1323(3) of the Corporations Act 2001 (Cth) (Act) for the appointment of receivers - where defendants managed a fund - where plaintiffs are investors in the fund - where plaintiffs |
| Date: 4 Apr 2024 Judge: HALLEY J |
99. Simmons v Giezekamp [2024] FCA 334
| PRACTICE AND PROCEDURE - ex parte application for freezing orders - danger of prospective judgment being wholly or partially unsatisfied - application granted |
| Date: 2 Apr 2024 Judge: HALLEY J |
| BANKRUPTCY AND INSOLVENCY - application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (Act) to extend convening period for the second meeting of creditors - application pursuant to s 447A of the Act for a "Daisytek" order - orders made. |
| Date: 26 Mar 2024 Judge: HALLEY J |
