Browse Federal Court JudgmentsBy Judge - Horan J |
Results
(Horan
J)
: 113
| Fully matching documents |
1. Bossner v Chief Executive Officer of the National Disability Insurance Agency [2026] FCA 706
| PRACTICE AND PROCEDURE – application for urgent interlocutory injunction – where applicant was participant in National Disability Insurance Scheme (NDIS) – where applicant’s plan was suspended during his temporary absence from Australia |
| Date: 29 May 2026 Judge: HORAN J |
2. 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 |
| INDUSTRIAL LAW – inquiry under Fair Work (Registered Organisations) Act 2009 (Cth) into election for office in registered organisation – casual vacancy in office – where ballot conducted with preferential system of voting – where rules of |
| Date: 22 May 2026 Judge: HORAN J |
4. Zaydan v Experian Australia Pty Ltd (No 3) [2026] FCA 634
| PRACTICE AND PROCEDURE – suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – where interim suppression orders were made prohibiting disclosure of documents filed in proceeding until termination or conclusion |
| Date: 21 May 2026 Judge: HORAN J |
5. Cleary v Qube Ports Pty Ltd [2026] FCA 628
| PRACTICE AND PROCEDURE – application to strike out parts of statement of claim pursuant to rr 6.01 and 16.21 of the Federal Court Rules 2011 (Cth) – alleged contravention of ss 340 and 527D of Fair Work Act 2009 (Cth) (FW Act) – where |
| Date: 21 May 2026 Judge: HORAN J |
6. Friends of Nyah Vinifera Park Inc v Minister for Environment and Water [2026] FCA 584
| ADMINISTRATIVE LAW – application for judicial review of decision to approve controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) – approval of Nyah Floodplain Restoration Project subject to |
| Date: 12 May 2026 Judge: HORAN J |
7. Kamoh v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 604
| MIGRATION – appeal from decision of the Federal Circuit and Family Court (Division 2) – where decision to refuse to grant student visa to appellant – where appellant did not have current enrolment and did not satisfy genuine temporary entrant |
| Date: 11 May 2026 Judge: HORAN J |
8. FCB18 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 587
| MIGRATION – appeal from decision of the Federal Circuit and Family Court (Division 2) – where appellant did not appear at the hearing of the appeal – where appellant was outside Australia – appeal dismissed pursuant to r 36.75(1) of the |
| Date: 7 May 2026 Judge: HORAN J |
9. Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 51
| MIGRATION – appeal from decision to dismiss application for judicial review of decision of second respondent (“Tribunal”) – where appellant’s visa had been mandatorily cancelled by operation of s 501(3A) of the Migration Act 1958 (Cth) |
| Date: 24 Apr 2026 Judge: SNADEN, HORAN AND DOWLING JJ |
10. Paulsen v City of Hobart [2026] FCA 462
| INDUSTRIAL LAW – general protections court application – application for extension of time under s 370(a)(ii) of Fair Work Act 2009 (Cth) – whether adequate explanation for delay – where applicant had unsuccessfully attempted to file |
| Date: 17 Apr 2026 Judge: HORAN J |
11. Wilson v State of Victoria [2026] FCA 443
| COSTS – application for leave to appeal from costs orders – where proceeding was summarily dismissed – where primary judge made orders requiring applicants to pay respondents’ costs – whether error in exercise of discretion to award costs |
| Date: 17 Apr 2026 Judge: HORAN J |
12. FHP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 377
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – decision by Immigration Assessment Authority to affirm refusal to grant protection visa – where |
| Date: 2 Apr 2026 Judge: HORAN J |
13. Minister for Immigration and Citizenship v GKX18 (Costs) [2026] FCAFC 28
| COSTS – whether the appellants acted unreasonably in defending an application for habeas corpus – whether indemnity costs appropriate – costs ordered on an ordinary basis PRACTICE AND PROCEDURE – whether appellants be permitted to set-off |
| Date: 24 Mar 2026 Judge: MARKOVIC, HORAN AND MCDONALD JJ |
14. Minister for Immigration and Citizenship v GKX18 (Jurisdiction) [2026] FCAFC 27
| MIGRATION – application for leave to appeal – appeal from interlocutory decision of Federal Circuit and Family Court of Australia (FCFCOA) – where respondent had sought habeas corpus, injunctions and damages arising from alleged unlawful |
| Date: 24 Mar 2026 Judge: MARKOVIC, HORAN AND MCDONALD JJ |
15. Rizkalla v CDC Geelong Pty Ltd [2026] FCA 249
| PRACTICE AND PROCEDURE – application to strike out amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – where litigant-in-person brought general protections claim under Part 3-1 of Chapter 3 of the Fair Work Act |
| Date: 13 Mar 2026 Judge: HORAN J |
16. XPLW v Minister for Immigration and Multicultural Affairs [2026] FCA 210
| MIGRATION – application for judicial review of decision made by Minister under s 501BA(2) of Migration Act 1958 – where Administrative Appeals Tribunal had revoked cancellation of applicant’s visa – where Minister set aside Tribunal’s |
| Date: 6 Mar 2026 Judge: HORAN J |
17. Davidson v Official Receiver [2026] FCAFC 15
| BANKRUPTCY – where bankrupt made payments of money to appellant pursuant to fraudulent betting scheme – where appellant distributed amounts among syndicate members – where Official Receiver gave notice under s 139ZQ of Bankruptcy Act 1966 (Cth |
| Date: 3 Mar 2026 Judge: SNADEN, HORAN AND DOWLING JJ |
| PRACTICE AND PROCEDURE – civil penalty proceedings – alleged contraventions of National Disability Insurance Scheme Act 2013 (Cth) – where individual respondents reserved right to claim privilege against self-exposure to penalty – |
| Date: 26 Feb 2026 Judge: HORAN J |
19. eSafety Commissioner v Baumgarten [2026] FCAFC 12
| ADMINISTRATIVE LAW – appeal – whether jurisdiction of Administrative Review Tribunal enlivened – whether Tribunal erred in finding that an officer of the eSafety Commissioner made a decision reviewable under s 220(2) of the Online Safety Act |
| Date: 18 Feb 2026 Judge: MORTIMER CJ, BEACH AND HORAN JJ |
20. Ross v Birchall [2026] FCA 31
| PRACTICE AND PROCEDURE – Registrar – power of Registrar to refuse to accept document for filing under r 2.26 of Federal Court Rules 2011 (Cth) – where applicant sought judicial review of refusal by Registrar to accept documents filed in a |
| Date: 30 Jan 2026 Judge: HORAN J |
21. Clean Energy Regulator v Emerging Energy Solutions Group Pty Ltd (in liq) (No 2) [2026] FCA 12
| CORPORATIONS – application for leave to proceed against company in liquidation under s 500(2) of Corporations Act 2001 (Cth) – where proceedings brought by Clean Energy Regulator alleging contraventions of Australian National Registry of |
| Date: 23 Jan 2026 Judge: HORAN J |
22. Kant v Chief Executive Officer of the National Anti-Corruption Commission [2026] FCA 13
| ADMINISTRATIVE LAW – Freedom of Information – application for judicial review – decision on internal review of access refusal decision – application of conditional exemptions under ss 47C, 47E and 47F of the Freedom of Information Act 1982 |
| Date: 23 Jan 2026 Judge: HORAN J |
23. National Disability Insurance Agency v Sutherland [2026] FCA 3
| ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – National Disability Insurance Scheme – disability requirements – whether respondent had substantially reduced functional capacity to undertake activity of “self-care” |
| Date: 14 Jan 2026 Judge: HORAN J |
24. GMS24 v Commonwealth (No 2) [2025] FCAFC 197
| COSTS – application for judicial review in relation to requests to exercise Ministerial intervention power – where application for judicial review was dismissed – whether costs should follow the event – where proceedings were conducted as |
| Date: 19 Dec 2025 Judge: KENNETT, HORAN AND BENNETT JJ |
25. Zaydan v Experian Australia Pty Ltd (No 2) [2025] FCA 1614
| PRACTICE AND PROCEDURE – claim for relief in respect of alleged contraventions of s 28B of Sex Discrimination Act 1984 (Cth) (SDA) – interlocutory application by first respondent to strike out part of statement of claim – where allegations of |
| Date: 18 Dec 2025 Judge: HORAN J |
26. Tzaros v ServiceNow Australia Pty Ltd [2025] FCA 1633
| PRACTICE AND PROCEDURE – concise statement method – alleged contravention by respondent of civil remedy provisions in Pt 3-1 of the Fair Work Act 2009 (Cth) – whether concise statement and supplementary concise statement provide adequate |
| Date: 18 Dec 2025 Judge: HORAN J |
27. Collector of Customs v Pegasus Supply Solutions Pty Ltd [2025] FCAFC 185
| CUSTOMS AND EXCISE – where Collector of Customs requested holder of warehouse licence to account for goods subject to customs control – where Collector had carried out stocktake of goods stored at warehouse – where Collector made statutory |
| Date: 15 Dec 2025 Judge: BANKS-SMITH, O'SULLIVAN AND HORAN JJ |
28. Kilgour v Commissioner of Taxation [2025] FCAFC 183
| TAXATION – assessment of capital gains tax payable in respect of the disposal of shares – taxpayer’s eligibility for concessions depending upon the market value of the shares disposed of – shares disposed of comprising a minority interest in |
| Date: 12 Dec 2025 Judge: CHARLESWORTH, O'SULLIVAN AND HORAN JJ |
29. Culleton v Balwyn Nominees Pty Ltd [2025] FCA 1542
| BANKRUPTCY AND INSOLVENCY – whether sequestration order ought to have been made against applicant’s estate – whether sequestration order should be set aside or bankruptcy should be annulled – where previous appeal by applicant from |
| Date: 9 Dec 2025 Judge: HORAN J |
30. Chukwuma v Minister for Immigration and Multicultural Affairs [2025] FCA 1579
| MIGRATION – interlocutory application to restrain appellant’s removal from Australia pending appeal from decision on judicial review – where appellant was informed that arrangements had been made for his removal – where appellant sought |
| Date: 5 Dec 2025 Judge: HORAN J |
31. GMS24 v Commonwealth [2025] FCAFC 170
| MIGRATION – application for judicial review in relation to requests to exercise Ministerial intervention power– where applicants prevented by s 46A of the Migration Act 1958 (Cth) from making valid application for a visa – where applicants |
| Date: 28 Nov 2025 Judge: KENNETT, HORAN AND BENNETT JJ |
32. Shearman v Techin MBS Pty Ltd (No 2) [2025] FCA 1446
| DAMAGES – pre-judgment interest – termination of contract of sale of land – repayment of deposit paid to vendor’s solicitors – whether interest should be awarded on deposit monies – where vendor’s solicitor held deposit as stakeholder |
| Date: 21 Nov 2025 Judge: HORAN J |
33. Zaydan v Experian Australia Pty Ltd [2025] FCA 1318
| PRACTICE AND PROCEDURE – application for confidentiality and non-publication orders – restrictions on access to and publication or disclosure of documents on Court file – where respondents have not filed defences – where parties have not yet |
| Date: 29 Oct 2025 Judge: HORAN J |
34. Minister for Immigration and Multicultural Affairs v YMGL [2025] FCA 1273
| MIGRATION LAW – appeal from decision of Administrative Review Tribunal – where delegate of Minister refused to grant visa to first respondent under s 501(1) of Migration Act 1958 (Cth) – where Tribunal decided to revoke Minister’s decision |
| Date: 17 Oct 2025 Judge: HORAN J |
35. MCVN v Minister for Immigration and Citizenship [2025] FCA 1271
| PRACTICE AND PROCEDURE – application for interlocutory injunction restraining removal of non-citizen from Australia – where refusal to grant protection visa affirmed by Administrative Appeals Tribunal – application for extension of time |
| Date: 16 Oct 2025 Judge: HORAN J |
36. Foley v Butchulla Aboriginal Corporation RNTBC [2025] FCA 1270
| PRACTICE AND PROCEDURE – urgent ex parte application under r 7.01 of the Federal Court Rules 2011 (Cth) – interim orders to restrain the making of payments, transfers or withdrawals from bank accounts held by registered native title body |
| Date: 15 Oct 2025 Judge: HORAN J |
37. Shearman v Techin MBS Pty Ltd [2025] FCA 1243
| CONSUMER LAW – misleading and deceptive conduct – where purchaser entered into “off-the-plan” contract of sale of penthouse apartment in residential development – whether vendor made representations in relation to luxury quality of the |
| Date: 14 Oct 2025 Judge: HORAN J |
38. CVV20 v Commonwealth [2025] FCA 1214
| PRACTICE AND PROCEDURE – application for an order to transfer the proceeding to the Supreme Court of Victoria under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – proceedings involving common law claims against the |
| Date: 2 Oct 2025 Judge: HORAN J |
| COSTS – whether indemnity costs payable for period after expiry of offer of compromise – where offer of compromise did not give reasons as to why it should be accepted – whether claimed novelty of the litigation affected whether it was |
| Date: 25 Sep 2025 Judge: BURLEY, JACKMAN, HORAN JJ |
40. The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104
| TRUSTS AND TRUSTEES – whether constructive trust should be imposed over copyright in video images obtained and created through trespass – discussion of legal principles – where circumstances involving invasion of legal or equitable rights of |
| Date: 13 Aug 2025 Judge: BURLEY, JACKMAN, HORAN JJ |
41. Director, Professional Services Review v Yoong (No 2) [2025] FCAFC 106
| PRACTICE AND PROCEDURE – application for stay of judgment orders pending appeal – relevant considerations – whether stay should operate retroactively from date of judgment orders – failure to seek stay at the time of judgment due to the |
| Date: 8 Aug 2025 Judge: O'BRYAN, ROFE AND HORAN JJ |
42. X Corp v eSafety Commissioner [2025] FCAFC 99
| APPEAL AND NEW TRIAL – appeal from judgment dismissing an application for judicial review – where primary judge made findings as to the meaning and application of foreign law after hearing competing expert evidence – whether primary judge |
| Date: 31 Jul 2025 Judge: MURPHY, CHARLESWORTH AND HORAN JJ |
43. Director, Professional Services Review v Yoong [2025] FCAFC 95
| ADMINISTRATIVE LAW – appeal from decision of primary judge – validity of notices given under ss 89B and 106ZPM of Health Insurance Act 1973 (Cth) – where review undertaken by Director of services provided by respondent during specified period |
| Date: 25 Jul 2025 Judge: O'BRYAN, ROFE AND HORAN JJ |
44. Yasmin v Commonwealth of Australia (No 3) [2025] FCA 732
| REPRESENTATIVE PROCEEDINGS – administration of settlement distribution scheme – application for approval of claims assessment methodology – application for approval of costs of administration – application granted |
| Date: 3 Jul 2025 Judge: HORAN J |
| CONTEMPT OF COURT – criminal contempt – where defendant admitted charges of contempt and particulars –contravention by defendant of previous order restraining him from carrying on financial services business, providing financial product advice |
| Date: 2 Jul 2025 Judge: HORAN J |
46. Dalton v Attorney-General of the Commonwealth of Australia (No 2) [2025] FCA 718
| COSTS – judicial review of refusal to make parole order in respect of federal offender and failure to make decision to release on licence – where application for judicial review was dismissed – where applicant established that respondent had |
| Date: 1 Jul 2025 Judge: HORAN J |
47. Linfox Australia Pty Ltd v Warusawithana [2025] FCA 717
| WORKERS COMPENSATION – appeal from decision of Administrative Review Tribunal – compensation in respect of medical expenses and incapacity benefits under ss 16 and 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) – |
| Date: 30 Jun 2025 Judge: HORAN J |
48. Minister for Immigration, Citizenship and Multicultural Affairs v CMK22 [2025] FCA 664
| MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) ordering Minister to decide by a specified time whether to revoke the cancellation of bridging visa held by respondent – decision to cancel |
| Date: 20 Jun 2025 Judge: HORAN J |
49. Dalton v Attorney-General of the Commonwealth of Australia [2025] FCA 625
| ADMINISTRATIVE LAW – application for judicial review of decision to refuse to make parole order in respect of federal offender – whether Attorney-General failed to decide within a reasonable time application for a licence to be released from |
| Date: 13 Jun 2025 Judge: HORAN J |
50. XMBQ v Minister for Immigration and Multicultural Affairs [2025] FCA 553
| MIGRATION – application for judicial review of migration decision – where Administrative Appeals Tribunal made decision to revoke cancellation of visa that had been granted to the applicant – where Minister exercised power under s 501BA(2) of |
| Date: 27 May 2025 Judge: HORAN J |
51. Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 490
| NATIVE TITLE – right to negotiate – expedited procedure – proposed grant of exploration licences under Mining Act 1978 (WA) – where State of Western Australia gave notice of future acts under s 29 of the Native Title Act 1993 (Cth) – |
| Date: 15 May 2025 Judge: HORAN J |
52. Scarr v Greene [2025] FCA 560
| PRACTICE AND PROCEDURE – application for interim injunction to restrain respondents from displaying signage at polling booths during federal election – alleged contravention of s 351 of the Commonwealth Electoral Act 1918 (Cth) – whether |
| Date: 3 May 2025 Judge: HORAN J |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
75. 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 |
76. 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 |
77. 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 |
81. 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 |
83. 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 |
84. 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 |
86. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
