Browse Federal Court JudgmentsBy Judge - Horan J |
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(Horan
J)
: 61
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1. PLCP v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 398
| MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of visa – whether legally unreasonable to defer assessment |
| Date: 24 Apr 2025 Judge: HORAN J |
2. Greenbot Pty Ltd v Clean Energy Regulator [2025] FCA 369
| PRACTICE AND PROCEDURE – application to set aside interlocutory injunction – decision by Clean Energy Regulator to permanently suspend applicant’s registration as a registered person under Renewable Energy (Electricity) Act 2000 (Cth) – |
| Date: 17 Apr 2025 Judge: HORAN J |
3. Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2025] FCAFC 54
| ADMINISTRATIVE LAW – proper construction of s 10(3)(c) of National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) (National Health Rules) – whether development approval under Planning Act 2016 (Qld) is required |
| Date: 15 Apr 2025 Judge: COLLIER ACJ, ROFE AND HORAN JJ |
4. 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 |
5. Waraich v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 305
| ADMINISTRATIVE LAW – judicial review of decision of Administrative Appeals Tribunal to affirm revocation of applicant’s Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) – where applicant failed to disclose |
| Date: 3 Apr 2025 Judge: HORAN J |
6. Sayed v National Disability Insurance Agency [2025] FCAFC 40
| ADMINISTRATIVE LAW – appeal from decision of primary judge – whether Administrative Appeals Tribunal had jurisdiction to review alleged decision of the National Disability Insurance Agency on internal review of decision to approve statement of |
| Date: 28 Mar 2025 Judge: RANGIAH, MCELWAINE AND HORAN JJ |
| CORPORATIONS – civil penalty proceedings – alleged contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) – where relief sought includes declarations and pecuniary penalties – alleged breaches of National |
| Date: 21 Mar 2025 Judge: HORAN J |
8. Commissioner of Taxation v Zou (No 3) [2025] FCA 216
| PRACTICE AND PROCEDURE – application to vary freezing orders – where respondent taxpayer required to give security for tax-related liability – where Deputy Commissioner of Taxation obtained judgment against taxpayer for tax-related liability |
| Date: 14 Mar 2025 Judge: HORAN J |
9. VII v Purcell [2025] FCA 202
| ADMINISTRATIVE LAW – validity of determination made under Australian Crime Commission Act 2002 (Cth) – where determination made by Board authorising intelligence operation relating to federally relevant crime – whether determination required |
| Date: 14 Mar 2025 Judge: HORAN J |
10. 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 |
11. Yasmin v Commonwealth of Australia (No 2) [2025] FCA 123
| REPRESENTATIVE PROCEEDINGS - application for approval of costs - where settlement deed requires Court to approve applicant's other solicitor/client costs and other payments deducted from settlement sum - where legal costs incurred in relation to |
| Date: 26 Feb 2025 Judge: HORAN J |
12. Comcare v DSLB [2025] FCAFC 13
| WORKERS COMPENSATION - appeal from decision of primary judge - construction of s 62 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether Comcare had power on its own motion to reconsider determination that was previously revoked |
| Date: 14 Feb 2025 Judge: LOGAN, PERRY AND HORAN JJ |
| INDUSTRIAL LAW - Inquiry into election for office in branch of registered organisation under the Fair Work (Registered Organisations) Act 2009 (Cth) - election of delegates to branch conference - where irregularity involving breach of rules of |
| Date: 7 Feb 2025 Judge: HORAN J |
| PRACTICE AND PROCEDURE - application to be released from undertaking on condition that amended form of undertaking be given to the Court - where Secretary undertook not to remove trees located within fuel breaks except in specified circumstances - |
| Date: 7 Feb 2025 Judge: HORAN J |
15. Kyle-Sailor v Heinke (No 2) [2025] FCA 33
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - where proceeding concerns claims under s 18C of the Racial Discrimination Act 1975 (Cth) arising from certain |
| Date: 31 Jan 2025 Judge: HORAN J |
16. Australian Nursing and Midwifery Federation v St Vincent's Private Hospitals Ltd [2025] FCA 18
| INDUSTRIAL LAW - interlocutory relief - application for injunction to restrain employer from making representations that protected industrial action is unprotected or unlawful - protected action ballot authorising "closure of beds" by nursing staff |
| Date: 17 Jan 2025 Judge: HORAN J |
17. DAQ22 v Minister for Immigration and Multicultural Affairs (Costs) [2024] FCA 1514
| COSTS - application for indemnity costs - where applicant offered to resolve proceeding in his favour - where Minister subsequently agreed to consent orders allowing the application - whether Minister's initial failure to concede was unreasonable - |
| Date: 20 Dec 2024 Judge: HORAN J |
18. Deputy Commissioner of Taxation v Elzain (No 3) [2024] FCA 1445
| PRACTICE AND PROCEDURE - application for summary judgment - income tax - recovery action - production of notices of assessment - conclusive evidence that assessment was properly made and amounts and particulars of assessment are correct - |
| Date: 13 Dec 2024 Judge: HORAN J |
19. QXNS v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1369
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal to affirm decision to refuse to grant partner visa on character grounds - where expert psychological opinion that visa applicant's risk of reoffending was low - where |
| Date: 28 Nov 2024 Judge: HORAN J |
20. Commissioner of Taxation v Esso Australia Resources Pty Ltd [2024] FCAFC 151
| TAXATION - petroleum resource rent tax - where "assessable tolling receipts derived by a person in relation to a petroleum project" is defined as "the consideration receivable by the person in relation to the processing of ... petroleum, in relation |
| Date: 22 Nov 2024 Judge: THAWLEY, JACKMAN AND HORAN JJ |
21. IXW24 v Commonwealth of Australia [2024] FCA 1328
| MIGRATION - application for interlocutory relief to restrain the Commonwealth from continuing to detain the applicant until the determination of his claim for habeas corpus - where interlocutory relief sought on specified conditions in relation to |
| Date: 15 Nov 2024 Judge: HORAN J |
| CONSTITUTIONAL LAW - judicial power of the Commonwealth - whether s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) is valid in its application to the appellant - where Minister revoked appellant's Australian citizenship following his |
| Date: 14 Nov 2024 Judge: BURLEY, O'CALLAGHAN AND HORAN JJ |
23. Clean Energy Regulator v Emerging Energy Solutions Group Pty Ltd [2024] FCA 1310
| PRACTICE AND PROCEDURE - application for suppression order and pseudonym order under s 37AF of Federal Court of Australia Act 1976 (Cth) -where person named in pleadings suffers from anxiety, depression and agoraphobia - where identification would |
| Date: 13 Nov 2024 Judge: HORAN J |
24. Rossi v Qantas Airways Ltd [2024] FCAFC 144
| CONTRACTS - appeal from primary judgment refusing relief sought - capacity - deed of settlement - apparent settlement of "all claims" arising from appellant's employment - initial workers' compensation claim - application for deed of settlement to |
| Date: 13 Nov 2024 Judge: SNADEN, HATCHER AND HORAN JJ |
25. Haire v WorkCo Australia Pty Ltd (No 2) [2024] FCA 1266
| PRACTICE AND PROCEDURE - application by third and fourth respondents for summary dismissal and strike out of claims against them - whether reasonable prospect of successfully prosecuting claims against third and fourth respondents - whether |
| Date: 4 Nov 2024 Judge: HORAN J |
| INDUSTRIAL LAW - application by Electoral Commissioner under Pt 3 of Ch 7 of the Fair Work (Registered Organisations) Act 2009 (Cth) for inquiry into election for office in branch of registered organisation - alleged irregularity in relation to |
| Date: 1 Nov 2024 Judge: HORAN J |
| PRACTICE AND PROCEDURE - application to set aside notice to produce - whether notice is being used as substitute for discovery - whether documents are relevant to issues in proceeding - whether production of documents would be oppressive or |
| Date: 21 Oct 2024 Judge: HORAN J |
| CORPORATIONS - application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) - where proceeding alleges contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) - where |
| Date: 18 Oct 2024 Judge: HORAN J |
29. XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 131
| MIGRATION - appeal from decision of primary judge -judicial review of decision of Administrative Appeals Tribunal to affirm decision not to revoke mandatory visa cancellation - whether primary judge erred by failing to find that the Tribunal's |
| Date: 11 Oct 2024 Judge: MARKOVIC, CHEESEMAN and HORAN JJ |
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal - where appellant failed to appear at a |
| Date: 28 Aug 2024 Judge: HORAN J |
31. Northern Disability Services Pty Ltd v National Disability Insurance Agency [2024] FCA 892
| ADMINISTRATIVE LAW - judicial review - application by registered National Disability Insurance Scheme provider pursuant to s 7(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) for an order of review in respect of the |
| Date: 9 Aug 2024 Judge: HORAN J |
32. RCLN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 876
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to revoke cancellation of the applicant's visa under 501CA(4) of the Migration Act 1958 (Cth) - whether |
| Date: 7 Aug 2024 Judge: HORAN J |
| CORPORATIONS - admitted contraventions of ss 12DB(a) and 12DF(1) of Australian Securities and Investments Commission Act 2001 (Cth) - civil penalty provisions - where defendant superannuation trustee made false and misleading statements in relation |
| Date: 2 Aug 2024 Judge: HORAN J |
34. Snell v State of Victoria (Department of Education and Training) (No 3) [2024] FCA 825
| HUMAN RIGHTS - application by litigation representative for approval of settlement - where claims concern allegations of disability discrimination in education under the Disability Discrimination Act 1992 (Cth) and associated claims under the Wrongs |
| Date: 25 Jul 2024 Judge: HORAN J |
| COSTS - submissions as to costs following dismissal of appeals - public interest litigation - no orders as to costs of the appeals |
| Date: 17 Jul 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
36. Rawson v South Metropolitan Health Service [2024] FCA 769
| HUMAN RIGHTS - application for leave under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) to make an application alleging unlawful discrimination - where complaint made by applicant to Australian Human Rights Commission was |
| Date: 16 Jul 2024 Judge: HORAN J |
37. EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88
| PRACTICE AND PROCEDURE - where unsuccessful applicant ordered to pay the respondent's costs of the application - where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs - previous costs order set |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON AND HORAN JJ |
38. Hoang v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 695
| MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Administrative Appeals Tribunal - refusal to grant student visa that was applied for within Australia - whether exceptional reasons |
| Date: 28 Jun 2024 Judge: HORAN J |
39. EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
| ADMINISTRATIVE LAW - freedom of information - appeal from Administrative Appeals Tribunal - where Australian Information Commissioner decided not to review decision of Department but referred review directly to Tribunal by s 57A(1)(b) of the Freedom |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON, HORAN JJ |
40. ABF17 v Commonwealth of Australia [2024] FCA 694
| MIGRATION - application for order in the nature of habeas corpus - statutory duty to remove Iranian national from Australia - where applicant does not agree to his removal to Iran but willing to cooperate with removal to any other country - where |
| Date: 28 Jun 2024 Judge: HORAN J |
41. Belmont v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 667
| MIGRATION - mandatory cancellation of visa on character grounds under s 501(3A) of the Migration Act 1958 (Cth) - power to revoke cancellation if satisfied that there is another reason why the original decision should be revoked - where evidence |
| Date: 21 Jun 2024 Judge: HORAN J |
42. TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82
| MIGRATION - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - where Tribunal took into account offences committed by the appellant as a child - |
| Date: 20 Jun 2024 Judge: COLLIER ACJ, MEAGHER AND HORAN JJ |
43. Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81
| ADMINISTRATIVE LAW - appeal - detention of Australian women and children by non-state actor in Al-Roj camp in North-East Syria - whether writ of habeas corpus should issue to the Commonwealth - whether Commonwealth has control over the custody or |
| Date: 18 Jun 2024 Judge: MORTIMER CJ, KENNETT AND HORAN JJ |
44. Haire v WorkCo Australia Pty Ltd [2024] FCA 668
| PRACTICE AND PROCEDURE - service on persons in a foreign country - application for deemed service of documents outside Australia under r 10.48 of the Federal Court of Australia Rules 2011 (Cth) - application for substituted service under r 10.24 - |
| Date: 14 Jun 2024 Judge: HORAN J |
45. Hamilton v Department of Justice and Community Safety [2024] FCA 558
| INDUSTRIAL LAW - general protections claim under Fair Work Act 2009 (Cth) - termination of employment - where applicant filed application outside the statutorily prescribed period - application for extension of time - where justice requires the |
| Date: 24 May 2024 Judge: HORAN J |
46. Clifford v Tax Practitioners Board (No 2) [2024] FCA 557
| ADMINISTRATIVE LAW - registered tax agents - appeal from decision of the Administrative Appeals Tribunal affirming decision of Tax Practitioners Board to terminate the applicant's registration as registered tax agent - termination of registration |
| Date: 24 May 2024 Judge: HORAN J |
| ENVIRONMENTAL LAW - appeal - s 78(1)(a) Environment Protection and Biodiversity Conservation Act 1999 (Cth) - extended operation of two existing coal mines - appellant claimed effects of climate change should result in greater controlling provisions |
| Date: 16 May 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
| COSTS - dismissal of proceedings under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - whether appropriate to depart from usual rule that costs follow the event - where applicant seeks proportional reduction of respondent's |
| Date: 29 Apr 2024 Judge: HORAN J |
49. Kyle-Sailor v Heinke [2024] FCA 431
| PRACTICE AND PROCEDURE - representative proceeding - notice of settlement pursuant to s 33X of the Federal Court of Australia Act 1976 (Cth) - interlocutory application seeking non-publication order in respect of quantum of settlement sum - where |
| Date: 29 Apr 2024 Judge: HORAN J |
| ENVIRONMENT LAW - listed threatened species - proposed conduct of planned fuel reduction burns in the Strathbogie State Forest - whether planned burns are an action that will have or is likely to have a significant impact on the Southern Greater |
| Date: 2 Apr 2024 Judge: HORAN J |
51. Jenkins Sh v Australia Council for the Arts [2024] FCA 309
| COSTS - whether applicant's costs of three interlocutory applications should be determined on a lump sum basis where proceeding has otherwise settled - where quantification of interlocutory costs is contested - where respondent opposes lump sum |
| Date: 27 Mar 2024 Judge: HORAN J |
52. Stern v Commissioner of Taxation [2024] FCAFC 21
| SUPERANNUATION - Div 294 of the Income Tax Assessment Act 1997 (Cth) - whether defined benefit lifetime pension excluded from calculation of excess transfer balance - reliance on Guide in determining purpose or object underlying operative provisions |
| Date: 1 Mar 2024 Judge: THAWLEY, HESPE AND HORAN JJ |
53. Nadeem v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 165
| PRACTICE AND PROCEDURE - application to set aside order made in applicant's absence refusing leave to appeal from interlocutory judgment of Federal Circuit Court of Australia - where applicant did not appear at hearing - whether to determine in |
| Date: 29 Feb 2024 Judge: HORAN J |
54. VDCL v Purcell [2024] FCA 107
| COSTS - leave to discontinue proceedings - costs of discontinued proceeding - discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) unless terms of a consent or an order of the Court provide otherwise - where |
| Date: 22 Feb 2024 Judge: HORAN J |
55. Mutton (liquidator) v De Matteis, in the matter of De Matteis Pty Ltd (in liq) [2023] FCA 1649
| BANKRUPTCY AND INSOLVENCY - review of sequestration order made by Registrar of the Court - hearing de novo of creditor's petition - where parties agree that petition should be dismissed and sequestration order should be set aside - whether orders |
| Date: 22 Dec 2023 Judge: HORAN J |
56. Yasmin v Commonwealth of Australia [2023] FCA 1661
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement by Court pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - whether proposed settlement is fair and reasonable as between group members and the respondent - |
| Date: 22 Dec 2023 Judge: HORAN J |
57. Broadbent v Medical Board of Australia [2023] FCAFC 186
| BANKRUPTCY - appeal from dismissal of application for review of sequestration order made by a registrar - whether error in exercise of discretion to make sequestration order on creditor's petition - whether sufficient cause why sequestration order |
| Date: 4 Dec 2023 Judge: COLLIER, MEAGHER AND HORAN JJ |
58. Hartley v Commissioner of the Australian Federal Police [2023] FCAFC 197
| CRIMINAL LAW - appeal from decision of primary judge to dismiss a challenge to the validity of a search warrant - whether primary judge erred in finding warrant sufficiently described nature of offence to indicate area of search - where warrant not |
| Date: 1 Dec 2023 Judge: MURPHY, BROMWICH AND HORAN JJ |
59. Imani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1505
| MIGRATION - appeal from decision of Federal Circuit Court to dismiss application for judicial review of a decision of the Administrative Appeals Tribunal - Tribunal decision affirmed a decision of the delegate of the Minister to refuse to grant the |
| Date: 30 Nov 2023 Judge: HORAN J |
60. Nadeem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1498
| MIGRATION - application for leave to appeal from interlocutory orders of Federal Circuit Court of Australia dismissing application to reinstate proceedings dismissed in default of appearance - where no appearance by applicant at hearing of |
| Date: 29 Nov 2023 Judge: HORAN J |
61. Sayed v Salvation Army Housing [2023] FCA 1298
| PRACTICE AND PROCEDURE - Decision by Registrar not to accept interlocutory application for filing under rr 2.26 and 2.27 of the Federal Court Rules 2011 (Cth) - application under r 3.04 for order directing Registrar to accept application for filing - |
| Date: 23 Oct 2023 Judge: HORAN J |
