Browse Federal Court JudgmentsBy Judge - Halley J |
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J)
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1. 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 |
2. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
18. 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 |
20. 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 |
21. 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 |
28. 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 |
29. 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 |
30. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
47. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
57. Tam v MLPG Holdings Australia Pty Ltd [2024] FCA 394
| CORPORATIONS - liquidator - appointment of provisional liquidator |
| Date: 4 Apr 2024 Judge: HALLEY J |
58. Tam v 5 Autumndale Holdings Pty Ltd [2024] FCA 395
| CORPORATIONS - liquidator - appointment of provisional liquidator |
| Date: 4 Apr 2024 Judge: HALLEY J |
59. 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 |
60. 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 |
62. Comcare v Simeoni [2024] FCAFC 31
| WORKERS' COMPENSATION - appeal against decisions of Administrative Appeals Tribunal - whether Tribunal failed to consider evidence of expert witness - whether inference available that expert evidence was considered immaterial or of no weight - |
| Date: 15 Mar 2024 Judge: RANGIAH, HALLEY AND O'SULLIVAN JJ |
63. Lakomy (liquidator), in the matter of Bennett Murada Pty Limited (in liq) [2024] FCA 245
| CORPORATIONS - application under s 57 of the Federal Court of Australia Act 1976 (Cth) for an order that liquidator be appointed as receiver of trust assets - whether just and convenient to do so - orders made. |
| Date: 13 Mar 2024 Judge: HALLEY J |
64. Moran v Google LLC [2024] FCA 181
| PRACTICE AND PROCEDURE - application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) (Rules) - whether proceedings are of a kind stipulated by the Rules - whether requirements of r 10.42 and r 10.43 of the Rules |
| Date: 1 Mar 2024 Judge: HALLEY J |
65. Stone (Liquidator), in the matter of RIC Admin Pty Ltd (in liq) v Mandalinic (No 2) [2024] FCA 164
| CORPORATIONS - liability for insolvent trading - where company insolvent on a cash flow basis from 25 August 2017 and a presumption of insolvency arises pursuant to s 588E(4) of the Corporations Act 2001 (Cth) (Corporations Act) - whether the |
| Date: 27 Feb 2024 Judge: HALLEY J |
66. Calabretta, in the matter of Provest 684 Pty Ltd (in liquidation) [2024] FCA 128
| CORPORATIONS - order sought under s 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) to extend time for making application under s 588FF(1) of the Act with respect to voidable transactions - delay largely attributable to lack of cooperation from |
| Date: 23 Feb 2024 Judge: HALLEY J |
| PRACTICE AND PROCEDURE - application for extension of time to review orders made by Registrar of this Court - application opposed by former director - whether liquidators have provided adequate explanation for delay - whether there is reasonable |
| Date: 23 Feb 2024 Judge: HALLEY J |
68. Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 4) [2024] FCA 159
| PRACTICE AND PROCEDURE - application for leave to serve documents outside Australia pursuant to r 10.44 of the Federal Court Rules 2011 (Cth) - where service to be effected in accordance with the Convention on the Service Abroad of Judicial and |
| Date: 22 Feb 2024 Judge: HALLEY J |
69. Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 3) [2024] FCA 146
| CORPORATIONS - application for winding up order and pooling order - winding up in insolvency - winding up on just and equitable grounds - whether preconditions for the making of pooling order satisfied - short form reasons - orders made |
| Date: 22 Feb 2024 Judge: HALLEY J |
| PRACTICE AND PROCEDURE - application for leave to appeal from orders made restraining the applicant and the Australian Building & |
| Date: 16 Feb 2024 Judge: MARKOVIC, DERRINGTON AND HALLEY JJ |
71. 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 |
| APPEAL AND NEW TRIAL - where the appellant sought to rely on grounds of review not put at first instance - where no error alleged in the reasons of the primary judge - where the practice of the Court is to require that leave be sought to raise new |
| Date: 1 Feb 2024 Judge: WIGNEY, WHEELAHAN AND HALLEY JJ |
| 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 |
74. Gensco Laboratories, LLC v Care A2 Plus Pty Ltd (receiver appointed) (No 2) [2024] FCA 23
| COSTS - interlocutory application for security for costs of and incidental to the statement of cross claim (Cross Claim) by applicants/cross-respondents (application) - whether there is reason to believe that the first respondent could not meet an |
| Date: 22 Jan 2024 Judge: HALLEY J |
75. Scott (Trustee) v Stolyar, in the matter of Stolyar (Bankrupt) [2023] FCA 1671
| BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for enforcement of charging order over shares made by judicial registrar - applicant seeks appointment of receiver to sell shares - shares relatively illiquid - significant risk value |
| Date: 22 Dec 2023 Judge: HALLEY J |
76. Kirsten v Miller as executor of the estate of Detlef John Kirsten [2023] FCA 1667
| PRACTICE AND PROCEDURE - application for leave to appeal - where draft amended notice of appeal raises substantive matters - where no contradictor to the application because respondent declined to make submissions on application for leave to appeal - |
| Date: 22 Dec 2023 Judge: HALLEY J |
77. ATE20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1659
| MIGRATION - appeal from decision of the then Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Tribunal which affirmed an earlier decision of delegate of the Minister not to grant the appellant a |
| Date: 22 Dec 2023 Judge: HALLEY J |
| CORPORATIONS - application for winding up orders, orders permitting liquidator to enter into various agreements, pooling orders and various ancillary orders - orders made |
| Date: 20 Dec 2023 Judge: HALLEY J |
79. ZACD Group Ltd v Bao (Costs) [2023] FCA 1626
| COSTS - application by defendant for costs of and incidental to case management hearings - where defendant seeks order that Court determine costs on lump sum basis and costs be payable forthwith - where case management hearings concerned dispute |
| Date: 19 Dec 2023 Judge: HALLEY J |
80. Keybridge Capital Limited v WAM Active Limited [2023] FCAFC 194
| CORPORATIONS - appeal from decision of primary judge that respondent's directors did not act for an improper purpose in resolving to move a general meeting from an in-person meeting to an online meeting - no appellable error - appeal dismissed |
| Date: 12 Dec 2023 Judge: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ |
81. Trail (A Pseudonym) v Secretary, Department of Home Affairs (Costs) [2023] FCA 1563
| COSTS - where substantive hearing adjourned on two previous occasions - whether the respondent should pay the applicant's costs of preparation for, and attendance at the first vacated hearing on 12 May 2022 - whether parties should otherwise pay |
| Date: 11 Dec 2023 Judge: HALLEY J |
82. Australian Information Commissioner v Australian Clinical Labs Limited [2023] FCA 1517
| PRACTICE AND PROCEDURE - application by respondent for suppression and non-publication orders pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) - where information subject of the application may expose respondent to |
| Date: 1 Dec 2023 Judge: HALLEY J |
83. HKRC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1487
| MIGRATION - application for extension of time to file application for review of the Tribunal's decision pursuant to s 477A(2) of the Migration Act 1958 (Cth) (Act) -extension of time granted MIGRATION - whether Tribunal failed to afford applicant |
| Date: 28 Nov 2023 Judge: HALLEY J |
84. SILK Laser Australia Limited, in the matter of SILK Laser Australia Limited (No 2) [2023] FCA 1418
| 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 - short form reasons |
| Date: 16 Nov 2023 Judge: HALLEY J |
85. Strawbridge, in the matter of Sara Lee Holdings Pty Ltd (administrators appointed) [2023] FCA 1408
| CORPORATIONS - application made under s 439A(6) of the Corporations Act 2001 (Cth) (Act) to extend the period for the second meeting of the creditors of Sara Lee Holdings Pty Ltd for a period of six months (Second Meeting) - ancillary orders sought |
| Date: 10 Nov 2023 Judge: HALLEY J |
| CORPORATIONS - application to reinstate Springvale SK Kores Pty Limited (Deregistered) (Company) pursuant to s 601AH (2) of the Corporations Act 2001 (Cth) (Act) - where plaintiff intends to imminently commence proceedings against Company - where |
| Date: 9 Nov 2023 Judge: HALLEY J |
| CORPORATIONS - application for fixing of time in respect of registration of security interests due to inadvertent delay in registration - application made under s 588FM of the Corporations Act 2001 (Cth) (Act) - Court has discretion to fix a later |
| Date: 3 Nov 2023 Judge: HALLEY J |
| CORPORATIONS - deregistration and subsequent reinstatement of Shirley Lawson Pty Ltd (Company) under s 601AH(2) of the Corporations Act 2001 (Cth) (Act) - whether the trustee of the Company is a person aggrieved under s 601AH(2) of the Act - whether |
| Date: 2 Nov 2023 Judge: HALLEY J |
| CORPORATIONS - winding up - deregistration and then subsequent reinstatement of Xiang Rong (Australia) Construction Group Pty Ltd (Company) as trustee for Xiang Rong Management Trust under s 601AH(5) of the Corporations Act 2001 (Cth) - declaration |
| Date: 26 Oct 2023 Judge: HALLEY J |
90. Goo v Kim (No 2) [2023] FCA 1285
| BANKRUPTCY AND INSOLVENCY - appeal - sequestration order made by primary judge - where primary judge relied on bankruptcy notice issued by respondent to appellant following failure to comply with specific performance order - whether appellant |
| Date: 26 Oct 2023 Judge: HALLEY J |
91. BQN20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1235
| MIGRATION - appeal from decision of the then Federal Circuit Court of Australia (FCCA) dismissing appellant's application for judicial review of a decision of a delegate of the Minister not to grant the appellant a Protection (Class XA) (Subclass 866 |
| Date: 17 Oct 2023 Judge: HALLEY J |
| CORPORATIONS - application under s 477(2A) of the Corporations Act 2001 (Cth) (Act) for approval nunc pro tunc of settlement deed - orders sought by liquidator under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Act |
| Date: 16 Oct 2023 Judge: HALLEY J |
93. Callan v Chawk (Costs) [2023] FCA 1198
| COSTS - application to vary costs order - where applicant entitled to an award of indemnity costs from 11.00 am on 4 August 2022 - where costs to be determined on a lump sum basis - where costs order is not to be stayed pending determination of |
| Date: 10 Oct 2023 Judge: HALLEY J |
94. SILK Laser Australia Limited, in the matter of SILK Laser Australia Limited [2023] FCA 1191
| 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 - break fees |
| Date: 6 Oct 2023 Judge: HALLEY J |
95. 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 |
96. FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
| MIGRATION - whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal's affirmation of that refusal had |
| Date: 12 Sep 2023 Judge: SNADEN, ABRAHAM AND HALLEY JJ |
97. Michael Trail (A Pseudonym) v Secretary, Department of Home Affairs [2023] FCA 1061
| MIGRATION - where applicant is an unlawful non-citizen in Australian immigration detention - where applicant is stateless - application seeking writ of mandamus requiring Commonwealth to discharge duty to remove as soon as reasonably practicable |
| Date: 8 Sep 2023 Judge: HALLEY J |
98. Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2023] FCA 1056
| ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision to refuse to accept documents for filing under r 2.26 of the Federal Court Rules 2011 (Cth) - where applicant had sought to appeal the decision of a single judge |
| Date: 7 Sep 2023 Judge: HALLEY J |
| TRUSTS AND TRUSTEES - where second respondent (QNI) was former trustee of assets of a joint venture between second and third appellants - whether primary judge erred in finding that the claim by the liquidators of QNI (GPLs) for the funding premium |
| Date: 6 Sep 2023 Judge: MARKOVIC, BANKS-SMITH, HALLEY JJ |
| CORPORATIONS - application by administrators for relief under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) - where administrators seek orders that they are justified and otherwise acting |
| Date: 4 Sep 2023 Judge: HALLEY J |
