Browse Federal Court JudgmentsBy Judge - Jackman J |
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J)
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1. QB4 Capital Pty Limited v Wengel (Stay Application) [2026] FCA 1036
| PRACTICE AND PROCEDURE – application for stay of distribution of trust assets pending determination of leave to appeal – where receivers consider that full amount of trust assets must be retained pending determination of leave to appeal |
| Date: 29 Jul 2026 Judge: JACKMAN J |
2. Blue Dragon Pty Ltd v Huang [2026] FCA 1035
| PRACTICE AND PROCEDURE – application to set aside or vary orders made ex parte on the basis of material non-disclosure – where application depends on disputed matters which should more appropriately be resolved at final hearing – where |
| Date: 29 Jul 2026 Judge: JACKMAN J |
3. Scott, in the matter of Axify Pty Ltd (Administrators Appointed) [2026] FCA 1005
| CORPORATIONS – application by deed administrators for leave to transfer shares pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) – whether transfer would unfairly prejudice the interests of members who did not consent to the transfer |
| Date: 28 Jul 2026 Judge: JACKMAN J |
4. Mahmoud v Duty Registrar of the Federal Court of Australia [2026] FCA 985
| ADMINISTRATIVE LAW – application for extension of time to lodge an application for judicial review of the decision of a registrar not to accept certain documents for filing – where explanations given do not justify delay of around 5 months – |
| Date: 24 Jul 2026 Judge: JACKMAN J |
5. Stelamar LLC v Soar.Earth Limited (Subject to Deed of Company Arrangement) [2026] FCA 981
| COSTS – security for costs – quantum – whether order for security for costs should include costs of successful interlocutory application for security for costs – where balance of authority favours inclusion – where principle of entitlement |
| Date: 23 Jul 2026 Judge: JACKMAN J |
| ADMINISTRATIVE LAW – appeal on questions of law from decision of Administrative Review Tribunal affirming decision of the respondent authority to refuse to register a veterinary chemical product – whether Tribunal misconstrued the expression |
| Date: 22 Jul 2026 Judge: JACKMAN J |
7. Australian Securities and Investments Commission v Noumi Limited (No 7) [2026] FCA 958
| CORPORATIONS – second defendant was chief executive officer of company in the business of manufacturing and selling food products – where alleged that at least $20 million of valueless inventory not written off – where revenue alleged to be |
| Date: 22 Jul 2026 Judge: JACKMAN J |
8. Belmont Park Investments Pty Ltd v Fitch Ratings, Inc (No 2) [2026] FCA 970
| COSTS – security for costs – whether delay by respondents in applying for security should reduce entitlement to security for past costs – where notice given that security for costs would be sought 1.5 years before application made – where |
| Date: 21 Jul 2026 Judge: JACKMAN J |
| CORPORATIONS – application for winding up of company and appointment of liquidators – where there is no prospect of the company continuing to operate, and the company is in a state of paralysis – just and equitable to wind up – liquidators |
| Date: 17 Jul 2026 Judge: JACKMAN J |
10. DUT18 v Minister for Immigration and Citizenship [2026] FCA 945
| MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Multicultural |
| Date: 17 Jul 2026 Judge: JACKMAN J |
11. Evolution Mining Limited v Commissioner of Taxation [2026] FCA 935
| TAXATION – determination of separate question – whether choice made to cancel transfer of losses was effective for the purposes of s 707-145 of the Income Tax Assessment Act 1997 (Cth) – where choice was made in 2014 tax return – where the |
| Date: 17 Jul 2026 Judge: JACKMAN J |
12. DC Rd DC Pty Ltd v Zhang (Costs) [2026] FCA 938
| COSTS – whether judicial discretion should be exercised to apportion liability – where involvement of some respondents was more limited than others – liability apportioned between respondents – whether lump sum costs order should be made – |
| Date: 16 Jul 2026 Judge: JACKMAN J |
13. Elbarbari v Minister for Immigration and Citizenship [2026] FCA 936
| MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship |
| Date: 16 Jul 2026 Judge: JACKMAN J |
14. Pandey v Minister for Immigration and Citizenship [2026] FCA 927
| PRACTICE AND PROCEDURE – application for adjournment – where no evidence that appellant had made efforts to find legal representation – where medical evidence insufficient to justify adjournment – application for adjournment refused |
| Date: 15 Jul 2026 Judge: JACKMAN J |
15. BFK19 v Minister for Immigration & Multicultural Affairs [2026] FCA 905
| MIGRATION – appeal from decision of primary judge dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Minister for Immigration and |
| Date: 10 Jul 2026 Judge: JACKMAN J |
16. Lamb v Karageozis (Trustee), in the matter of the Bankrupt Estate of Lamb [2026] FCA 901
| BANKRUPTCY AND INSOLVENCY – application for leave to appeal from the primary judge’s order dismissing an interlocutory application to set aside a sequestration order – where none of the grounds of appeal relied on demonstrates that the |
| Date: 9 Jul 2026 Judge: JACKMAN J |
17. Zulic v CMC Markets Asia Pacific Pty Ltd (No 4) [2026] FCA 878
| PRIVILEGE – disputed notice to produce – where legal professional privilege claimed over solicitors’ invoices – where solicitor on the record has reviewed invoices and considers that they disclose privileged communications and narratives |
| Date: 7 Jul 2026 Judge: JACKMAN J |
18. Shlomi v Anything4Views Pty Ltd [2026] FCA 873
| PRACTICE AND PROCEDURE – application for further security for costs – where security for costs previously ordered by consent as a result of binding agreement between parties – where consent orders provide liberty to seek further security after |
| Date: 6 Jul 2026 Judge: JACKMAN J |
19. Copeland (Liquidator) v Berry, in the matter of GCGroup Pty Ltd (in liq) [2026] FCA 867
| PRACTICE AND PROCEDURE – application for default judgment – where defendant has been served with all relevant documents and is aware of the application – where defendant has not engaged with communications or demonstrated any intention to |
| Date: 3 Jul 2026 Judge: JACKMAN J |
20. LFDB v SM (No 8) [2026] FCA 846
| COSTS – quantum of lump sum costs – where revised sum claimed is justified and proportionate to the nature of the interlocutory application – whether lump sum should not be payable until the proceedings are finally determined – where |
| Date: 30 Jun 2026 Judge: JACKMAN J |
| COSTS – quantum of lump sum determined – where costs ordered against trustee – whether trustee entitled to be indemnified or reimbursed out of the trust fund – where trustee’s conduct of the proceedings was inefficient, and increased costs |
| Date: 30 Jun 2026 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE – application for dismissal of proceedings due to non-payment of security for costs – where security for costs paid 26 days late, 1 business day before this application listed for hearing – application dismissed COSTS |
| Date: 29 Jun 2026 Judge: JACKMAN J |
| CORPORATIONS – deed of company arrangement – application for leave to transfer shares and options in accordance with the DOCA – where liabilities are greater than value of assets – where shares have no economic value – where shareholders |
| Date: 19 Jun 2026 Judge: JACKMAN J |
24. Australian Securities and Investments Commission v BSF Solutions Pty Ltd (Costs) [2026] FCA 686
| COSTS – whether there should be a separation of liability for costs between respondents – where contraventions the subject of the proceedings were a consequence of joint operations of all respondents – where contraventions were interrelated |
| Date: 16 Jun 2026 Judge: JACKMAN J |
25. Australian Securities and Investments Commission v Noumi Limited (No 6) [2026] FCA 785
| EVIDENCE – admissibility – whether data as at August 2022 relevant to information available in 2019 and 2022 – where data may affect assessment of knowledge of inventory in 2019 and 2020 – whether representations were prepared in |
| Date: 12 Jun 2026 Judge: JACKMAN J |
26. Kandos Development Corporation Pty Ltd v Cement Australia Holdings Pty Ltd [2026] FCA 743
| PRACTICE AND PROCEDURE – whether an order should be made for hearing of a separate question – where proposed separate question is complex and would provide minimal advantage if answered in favour of the party seeking it – where proposed |
| Date: 11 Jun 2026 Judge: JACKMAN J |
27. Shell Energy Holdings Australia Limited v Commissioner of Taxation (Costs) [2026] FCA 882
| COSTS – where applicant seeks indemnity costs – where judgment more favourable than rejected offer of compromise – presumption of entitlement to indemnity costs from two days after offer was served – where offer was substantial compromise |
| Date: 7 Jun 2026 Judge: JACKMAN J |
28. Byrnecut Australia Pty Ltd v Develop Global Ltd [2026] FCA 738
| PRACTICE AND PROCEDURE – application to strike out various paragraphs of the Amended Statement of Claim – whether information claimed to be confidential is identified with sufficient specificity – whether lack of specificity can be remedied by |
| Date: 4 Jun 2026 Judge: JACKMAN J |
29. LFDB v SM (No 7) [2026] FCA 718
| PRACTICE AND PROCEDURE – application to join non-party as respondent – where causes of action relied upon liable to be summarily dismissed – where no right or liability of the non-party will be directly affected by any issue in the proceedings |
| Date: 4 Jun 2026 Judge: JACKMAN J |
30. Xue v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 682
| MIGRATION – application for judicial review of a decision of the Assistant Minister under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal to revoke the cancellation of the applicant’s |
| Date: 28 May 2026 Judge: JACKMAN J |
31. Nalco Company v Cytec Industries Inc [2026] FCAFC 72
| PATENTS — patent application for method of reducing aluminosilicate scale in the Bayer process — appeal under s 60(4) of the Patents Act 1990 (Cth) from a decision of a delegate of the Commissioner of Patents — claim construction — whether |
| Date: 26 May 2026 Judge: BEACH, JACKSON and JACKMAN JJ |
32. HYRS v Minister for Immigration and Citizenship [2026] FCA 661
| MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Citizenship not to revoke the cancellation of the applicant’s Resident |
| Date: 25 May 2026 Judge: JACKMAN J |
33. Scott v Khouri, in the matter of Skycorp Construction Group Pty Ltd (in liq) [2026] FCA 636
| PRACTICE AND PROCEDURE – application for default judgment – where defendant served with multiple documents over five months – where applicant served with orders of the Court requiring him to put on a defence, and did not do so – held |
| Date: 21 May 2026 Judge: JACKMAN J |
| CORPORATIONS – application for further extension of convening period for second meeting of creditors under s 447A(1) of the Corporations Act 2001 (Cth) – where application not opposed – where extension sought is lengthy, being 1 year – where |
| Date: 11 May 2026 Judge: JACKMAN J |
35. Shell Energy Holdings Australia Limited v Commissioner of Taxation [2026] FCA 577
| TAXATION – capital gains tax – application to set aside an objection decision by the respondent concerning the calculation of the applicant’s cost base in certain shares for the purposes of the Income Tax Assessment Act 1997 (Cth) – |
| Date: 11 May 2026 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE – application for leave to join additional respondent after commencement of proceedings – whether the potential delay caused by the joinder would be prejudicial to first respondent – whether the joinder is desirable to |
| Date: 6 May 2026 Judge: JACKMAN J |
| COSTS – quantification of lump sum costs – where matters in issue required involvement of senior and experienced practitioners – where matters in issue were urgent, complex and important – held discount of 20% to actual costs appropriate – |
| Date: 30 Apr 2026 Judge: JACKMAN J |
| COSTS – security for costs – where applicant accepts that the ground in s 1335 of the Corporations Act 2001 (Cth) is established and an order for security for costs should be made – whether respondents’ estimated amount is within a |
| Date: 30 Apr 2026 Judge: JACKMAN J |
39. Australian Securities and Investments Commission v BSF Solutions Pty Ltd (Penalty) [2026] FCA 450
| CONSUMER LAW – penalties for contraventions of the National Consumer Credit Protection Act 2009 (Cth) – purpose of civil penalties and maximum penalties considered – whether court can consider obtaining and implementing legal advice to be a |
| Date: 17 Apr 2026 Judge: JACKMAN J |
40. The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44
| PATENTS – appeal from decision of primary judge dismissing applicant’s claim of infringement of patents for jump starter device, declaring patents to be invalid and revoking patents – whether primary judge erred in finding that certain claims |
| Date: 10 Apr 2026 Judge: BEACH, DOWNES AND JACKMAN JJ |
41. Yang v Wong [2026] FCAFC 39
| CORPORATIONS – unreasonable director-related transaction – whether transactions taken as a whole constitute a payment to a close associate of a director under s 588FDA(1)(b)(ii) of the Corporations Act 2001 (Cth) – payment by company A to |
| Date: 8 Apr 2026 Judge: CHARLESWORTH, JACKMAN AND NEEDHAM JJ |
| CORPORATIONS – application for declaration of contravention of s 674A(2) of the Corporations Act 2001 (Cth) – agreed penalty sought – where defendant failed to notify ASX of changes to revenue forecast which could reasonably be expected to |
| Date: 8 Apr 2026 Judge: JACKMAN J |
| EQUITY – application for interlocutory injunction – where applicant has issued notice terminating exclusivity of distributor agreement with respondent – whether there is a serious question to be tried – whether balance of convenience favours |
| Date: 30 Mar 2026 Judge: JACKMAN J |
44. Lake House Corporation Limited v Timor Resources Holdings Pty Ltd [2026] FCA 335
| CORPORATIONS – declarations and injunctions sought – where shareholders’ deed governs appointment and removal of independent director – where one group of shareholders purports to issue notice of general meeting to remove independent |
| Date: 19 Mar 2026 Judge: JACKMAN J |
45. Hathway, in the matter of Symich Building Pty Ltd (in liq) [2026] FCA 296
| CORPORATIONS – application to permanently stay or set aside summons for examination under s 596B of the Corporations Act 2001 (Cth) – alternatively, application to vary requirement for oral examination to allow examinee to provide written |
| Date: 17 Mar 2026 Judge: JACKMAN J |
46. ParcelTools Pty Ltd v Method Industries Pty Ltd [2026] FCA 322
| EQUITY – injunctions – interlocutory injunction – application to restrain respondent from terminating alleged licence – where applicant alleges joint venture – where nature of legal obligations between parties not yet judicially determined |
| Date: 17 Mar 2026 Judge: JACKMAN J |
| CORPORATIONS – application for judicial advice to resolve drafting issues in Deed of Company Arrangement and Creditors’ Trust Deed by construction or variation of terms – whether court has power to make orders varying terms of trust under s |
| Date: 9 Mar 2026 Judge: JACKMAN J |
48. Ullah v Minister for Immigration and Citizenship [2026] FCA 215
| MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister refusing to grant the appellant a |
| Date: 4 Mar 2026 Judge: JACKMAN J |
| EVIDENCE – evidence going to civil penalty – whether evidence should be admitted – where matters not fully particularised in concise statement – where respondent did not seek particulars prior to hearing on contravention – where matters do |
| Date: 3 Mar 2026 Judge: JACKMAN J |
50. BGB23 v Minister for Immigration and Citizenship [2026] FCA 200
| MIGRATION – application for leave to appeal from decision of the Federal Circuit Court dismissing an application for judicial review of decision of a registrar summarily dismissing application for judicial review – whether leave to appeal should |
| Date: 2 Mar 2026 Judge: JACKMAN J |
51. DC Rd DC Pty Ltd v Zhang (No 6) [2026] FCA 189
| CORPORATIONS – where trial judgment found constructive trust over property – where trial judgment found equitable charge over property – whether sale should be ordered – unless mortgagees raise reasonable and sufficient grounds to the |
| Date: 27 Feb 2026 Judge: JACKMAN J |
52. Sekander v Minister for Immigration and Citizenship [2026] FCA 177
| MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for extension of time for review of decision of a registrar summarily dismissing application for judicial review – whether leave to appeal should be granted |
| Date: 25 Feb 2026 Judge: JACKMAN J |
53. Bhattarai v Minister for Immigration and Citizenship [2026] FCA 163
| MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister refusing to grant the appellant a |
| Date: 24 Feb 2026 Judge: JACKMAN J |
54. DC Rd DC Pty Ltd v Zhang (Trial Judgment) [2026] FCA 16
| EQUITY – application for equitable relief and personal remedies for breaches of fiduciary duties – where applicant relied on respondents (property developers and an accountant) identifying and proposing properties to be purchased on |
| Date: 23 Jan 2026 Judge: JACKMAN J |
| COSTS – where applicant’s interlocutory applications dismissed – where respondents’ approach to substantiating privilege claim consistent with overarching purpose – where timing of respondent’s production of term sheet immaterial – |
| Date: 23 Dec 2025 Judge: JACKMAN J |
56. Helicopter Aerial Surveys Pty Ltd v Insurance Australia Limited (No 3) [2025] FCA 1624
| COSTS – where principal judgment in favour of applicant – where result more favourable than applicant’s offer in offer of compromise – respondent to pay party and party costs up until second business day after offer served and indemnity cost |
| Date: 17 Dec 2025 Judge: JACKMAN J |
57. Goyal and Conneely (Liquidators), in the matter of FSM Development Pty Ltd (in liq) [2025] FCA 1625
| PRACTICE AND PROCEDURE – application for production of unredacted copies of documents over which legal professional privilege or common interest or joint privilege is claimed – where liquidators commenced examination proceeding inquiring into |
| Date: 12 Dec 2025 Judge: JACKMAN J |
58. Norman v Inner West Council (No 2) [2025] FCA 1541
| PRACTICE AND PROCEDURE – application for summary dismissal and strike out of aspects of statement of claim – whether reasonable cause of action disclosed – whether reasonable prospect of success – whether material facts adequately pleaded |
| Date: 4 Dec 2025 Judge: JACKMAN J |
59. Australian Securities and Investments Commission v Noumi Limited (No 5) [2025] FCA 1524
| PRACTICE AND PROCEDURE – application pursuant to s 1317QF(3) of the Corporations Act 2001 (Cth) – intervener’s application seeking distribution of pecuniary penalty amount to eligible group members in related class action proceeding – where |
| Date: 2 Dec 2025 Judge: JACKMAN J |
60. DC Rd DC Pty Ltd v Zhang (No 5) [2025] FCA 1506
| PRACTICE AND PROCEDURE – application to vary freezing orders to pay legal expenses – application granted |
| Date: 27 Nov 2025 Judge: JACKMAN J |
61. Ogawa v Australian Information Commissioner (Vexatious Proceedings Orders) [2025] FCAFC 167
| HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where amicus curiae appointed – where appellant frequently instituted or conducted proceedings that caused delay, |
| Date: 27 Nov 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
62. Ziegler v Commissioner of Taxation [2025] FCAFC 168
| TAXATION – whether credit to “Income Tax Account” kept by Commissioner and available via the ATO’s “Tax Agent Portal” an “assessable recoupment” under s 20-20(3) of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – whether |
| Date: 26 Nov 2025 Judge: BROMWICH, THAWLEY AND JACKMAN JJ |
63. Ruhe, in the matter of Ruhe [2025] FCA 1476
| BANKRUPTCY AND INSOLVENCY – application for orders under ss 180 and 183 of the Bankruptcy Act 1966 (Cth) for resignation and release of trustee – application for orders under r 14.23 of the Federal Court Rules 2011 (Cth) for retirement as |
| Date: 25 Nov 2025 Judge: JACKMAN J |
64. GFE24 v Minister for Immigration and Citizenship FCAFC [2025] 165
| MIGRATION – application for extension of time – application granted MIGRATION – appeal by way of rehearing – whether Minister required to have regard to Tribunal’s reasons for decision before revoking visa – whether Minister’s |
| Date: 21 Nov 2025 Judge: COLLIER, JACKMAN and YOUNAN JJ |
65. Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 5) [2025] FCA 1427
| COSTS – where respondent entitled to costs – where applicant seeks discount for limited success at trial and pursuant to r 22.03 of the Federal Court Rules 2011 (Cth) – where applicant seeks stay of costs assessment – the applicant pay the |
| Date: 18 Nov 2025 Judge: JACKMAN J |
66. Arakji v Pharmaceutical Services Federal Committee of Inquiry [2025] FCA 1420
| ADMINISTRATIVE LAW – application for judicial review – where applicants referred to Pharmaceutical Services Federal Committee of Inquiry (Committee) for inquiry – whether Committee validly constituted in the absence of one member – salient |
| Date: 17 Nov 2025 Judge: JACKMAN J |
| INSURANCE – application for confirmation of scheme of transfer pursuant to s 194 of the Life Insurance Act 1995 (Cth) – where transferring policies include all direct retail life insurance policies referable to singular statutory fund – where |
| Date: 14 Nov 2025 Judge: JACKMAN J |
68. Ogawa v Australian Information Commissioner (No 2) [2025] FCAFC 156
| PRACTICE AND PROCEDURE – recusal application for apprehended bias – whether application requires determination by a differently constituted Full Court – usual practice that applications be determined by the judge to whom it is made applied |
| Date: 13 Nov 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
69. Harrold v Exactech Australia Pty Ltd (No 2) [2025] FCA 1412
| REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – where proceedings brought for damages in negligence and for contraventions of Australian Consumer Law for |
| Date: 13 Nov 2025 Judge: JACKMAN J |
70. Lal v Minister for Immigration and Citizenship [2025] FCA 1396
| MIGRATION – review of decision of Administrative Review Tribunal not to revoke delegate’s mandatory cancellation of visa – where Minister not satisfied that applicant passes character test pursuant to s 501CA(4)(b)(i) of the Migration Act 1958 |
| Date: 11 Nov 2025 Judge: JACKMAN J |
71. Redflex Traffic Systems Pty Ltd v Acusensus IP Pty Ltd [2025] FCA 1382
| PRACTICE AND PROCEDURE – application to strike out amended statement of claim – application for leave to file further amended statement of claim – where amended and further amended statements of claim better particularised than original |
| Date: 7 Nov 2025 Judge: JACKMAN J |
72. Helicopter Aerial Surveys Pty Ltd v Insurance Australia Limited (No 2) [2025] FCA 1360
| INSURANCE – application to recover amounts owed by deregistered company pursuant to s 601AG of Corporations Act 2001 (Cth) – where unsatisfactory painting of ship resulted in corrosion requiring rectification works and subsequent remediation |
| Date: 7 Nov 2025 Judge: JACKMAN J |
73. Morros v Commonwealth Bank of Australia [2025] FCA 1381
| PRACTICE AND PROCEDURE – application for extension of time pursuant to r 35.14 of the Federal Court Rules 2011 (Cth) – application for leave to appeal pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – legal principles and |
| Date: 6 Nov 2025 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE – application for winding up under s 459A of the Corporations Act 2001 (Cth) (Act) – application for appointment of provisional liquidator under s 472(2) of the Act – where prima facie case of insolvency based on opinion |
| Date: 6 Nov 2025 Judge: JACKMAN J |
| CORPORATIONS – application for extension of time to make any application under s 588FF(1) of the Corporations Act 2001 (Cth) – legal principles considered – application granted |
| Date: 3 Nov 2025 Judge: JACKMAN J |
76. WCX M4 PT Pty Ltd v Vanguard Australia Pty Ltd [2025] FCA 1341
| CORPORATIONS – application pursuant to s 482 of the Corporations Act 2001 (Cth) for termination of winding up – where company still solvent – where application not opposed by liquidators – where causes of winding up likely remedied – |
| Date: 31 Oct 2025 Judge: JACKMAN J |
77. Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 4) [2025] FCA 1352
| PRACTICE AND PROCEDURE – application to stay certain orders of primary judgment until determination of application for leave to appeal and any subsequent appeal –where undertaking by respondent to submit to orders to compensate applicant for |
| Date: 31 Oct 2025 Judge: JACKMAN J |
78. Rabbitt, in the matter of JAGA HoldCo Pty Ltd [2025] FCA 1331
| CORPORATIONS – application for extension of convening periods of second creditors’ meetings for various companies pursuant to s 439A(6) of the Corporations Act 2001 (Cth) – where application supported by commercially sensible reasons – where |
| Date: 30 Oct 2025 Judge: JACKMAN J |
79. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 5) [2025] FCA 1334
| PRACTICE AND PROCEDURE – application for disqualification from quantification hearing in bifurcated oppression proceedings – whether fair-minded lay observer might reasonably apprehend judge might not bring an impartial mind to resolution of |
| Date: 28 Oct 2025 Judge: JACKMAN J |
80. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 6) [2025] FCA 1335
| PRACTICE AND PROCEDURE – application for adjournment of hearing of quantification issues – where delay in filing of evidence – where unjustified delay in engaging expert witness – where additional time required to prepare expert report – |
| Date: 28 Oct 2025 Judge: JACKMAN J |
81. Norman v Inner West Council [2025] FCA 1194
| PRACTICE AND PROCEDURE – whether interlocutory application for discovery should be deferred until after close of pleadings in accordance with r 20.13(3) of Federal Court Rules 2011 (Cth) (Rules) – where Court has power to make orders |
| Date: 26 Sep 2025 Judge: JACKMAN J |
82. Silvia, in the matter of the Hewit Family Trust (Receivers and Managers Appointed) [2025] FCA 1196
| CORPORATIONS – application for approval of distribution of trust funds and property, receivers’ remuneration and termination of receivership – application for approval of distribution of company funds and property and release from |
| Date: 26 Sep 2025 Judge: JACKMAN 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 |
84. Hosking, in the matter of Philip Raymond Hosking [2025] FCA 1192
| CORPORATIONS – application for removal and appointment of liquidator pursuant to s 473A of the Corporations Act 2001 (Cth) (the Act) and s 90-15(3)(b) of Sch 2 to the Act following previous liquidator’s decision to cease practising – |
| Date: 24 Sep 2025 Judge: JACKMAN J |
85. Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 3) [2025] FCA 1179
| PATENTS – application for revocation of certain claims of patent on basis that claims are neither novel nor involve inventive step within meaning of s 18(1)(b) of the Patents Act 1990 (Cth) (Patents Act) when compared to prior art base – |
| Date: 24 Sep 2025 Judge: JACKMAN J |
86. Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) [2025] FCA 1180
| CORPORATIONS – application for approval pursuant to s 477(2B) of Corporations Act 2001 (Cth) for liquidator to enter deed of settlement and release nunc pro tunc – where deed would resolve remaining and future shareholder proceedings against |
| Date: 23 Sep 2025 Judge: JACKMAN J |
87. Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131
| HIGH COURT AND FEDERAL COURT – question of correct approach to remittal and subsequent appeal – where equally divided decision of six High Court Justices resulted in preceding Full Federal Court decision being affirmed pursuant to s 23(2)(a) of |
| Date: 16 Sep 2025 Judge: BEACH, ROFE AND JACKMAN JJ |
88. McGinn v High Court of Australia (No 6) [2025] FCA 1123
| PRACTICE AND PROCEDURE – application for disqualification on ground of actual bias – where submitted that judge was an active party in the proceedings – application dismissed PRACTICE AND PROCEDURE – application to set aside vexatious |
| Date: 9 Sep 2025 Judge: JACKMAN J |
89. Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 2) [2025] FCA 1082
| PRACTICE AND PROCEDURE – application to dispense with compliance with notice to produce – concept of relevance applicable to subpoenas also applicable to notices to produce – where documents sought unlikely to relate to issue in proceeding – |
| Date: 2 Sep 2025 Judge: JACKMAN J |
90. Australian Prudential Regulation Authority v Eric Insurance Limited [2025] FCA 1061
| PRACTICE AND PROCEDURE – application for relief under s 447A of the Corporations Act 2001 (Cth) to dispense with the requirement that a first meeting of creditors be held and application for Daisytek order – where APRA neither consents to nor |
| Date: 29 Aug 2025 Judge: JACKMAN J |
91. Harrold v Exactech Australia Pty Ltd [2025] FCA 1058
| COSTS – third party application for costs incurred in complying with subpoena – consideration of scope and application of r 24.22 of the Federal Court Rules 2011 (Cth) – principles for assessing loss or expense incurred – where costs |
| Date: 29 Aug 2025 Judge: JACKMAN J |
92. Narayan (liquidator), in the matter of Pachira Investments Pty Ltd (in liq) [2025] FCA 1041
| CORPORATIONS – appointment of liquidators of trustee company as receivers and managers of trust property – where company holds assets as bare trustee – where appointment necessary for realising assets for benefit of creditors and for |
| Date: 27 Aug 2025 Judge: JACKMAN J |
| COSTS – whether indemnity costs payable after plaintiff’s refusal of defendants’ offer of compromise – whether rejection of offer unreasonable – well-established factors considered – plaintiff to pay defendants’ costs on indemnity |
| Date: 27 Aug 2025 Judge: JACKMAN J |
94. Australian Securities and Investments Commission v TerraCom Ltd (No 3) [2025] FCA 1017
| CORPORATIONS – declaration of contravention and pecuniary penalty orders – where parties agree on statement of facts and admissions – where company admits to one contravention of s 1317AC(1) of the Corporations Act 2001 (Cth) – where three |
| Date: 26 Aug 2025 Judge: JACKMAN J |
95. McGinn v High Court of Australia (No 5) [2025] FCA 975
| PRACTICE AND PROCEDURE – adjournment application – where applicant’s medical certificate given minimal weight – overarching purpose – application dismissed HIGH COURT AND FEDERAL COURT – whether appropriate to make vexatious proceedings |
| Date: 14 Aug 2025 Judge: JACKMAN J |
96. 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 |
97. Australian Securities and Investments Commission v TerraCom Limited (No 2) [2025] FCA 959
| COSTS – whether indemnity costs payable for period before expiry of offer of compromise because of certainty of failure – whether regulator in a special position in resisting indemnity costs – where plaintiff accepts it should pay second to |
| Date: 13 Aug 2025 Judge: JACKMAN J |
98. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 11) [2025] FCA 905
| PRACTICE AND PROCEDURE – enforcement of judgment – application concerning distribution of net proceeds of sale of property – where plaintiffs awarded equitable compensation – where respondents claimed entitlement to net proceeds – where |
| Date: 5 Aug 2025 Judge: JACKMAN J |
99. FSLP Pty Ltd (In Liquidation) v Sunnie 1 Pty Ltd, in the matter of Sunnie 1 Pty Ltd [2025] FCA 893
| BANKRUPTCY AND INSOLVENCY – application for winding up of defendant company under s 459A or subs 461(1)(k) of the Corporations Act 2001 (Cth) – application for appointment of receivers and managers of defendant’s trust under s 57 of the |
| Date: 31 Jul 2025 Judge: JACKMAN J |
100. Oxford Nanopore Technologies Plc v MGI Australia Pty Ltd (No 2) [2025] FCA 869
| COSTS – whether prospective applicant should pay prospective respondent’s costs thrown away by vacation of hearing date – where hearing of preliminary discovery application stayed due to prospective applicant independently acquiring materials |
| Date: 29 Jul 2025 Judge: JACKMAN J |
