Browse Federal Court JudgmentsBy Judge - Jackman J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. Albarren, in the matter of TC Build Group Pty Ltd (In Liquidation) [2025] FCA 855
| BANKRUPTCY AND INSOLVENCY — application for authorisation to enter Deed of Agreement and Indemnity on Company’s behalf pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) (Act) — application for extension of time pursuant to |
| Date: 23 Jul 2025 Judge: JACKMAN J |
| BANKRUPTCY AND INSOLVENCY — dissipation of assets by company directors leaving plaintiff unable to pay liabilities — where complex relationships between multiple companies controlled by two families — where company affairs intertwined — |
| Date: 22 Jul 2025 Judge: JACKMAN J |
9. McGinn v High Court of Australia (No 3) [2025] FCA 846
| PRACTICE AND PROCEDURE — application for disqualification on alternative grounds of apprehended and actual bias — application dismissed |
| Date: 21 Jul 2025 Judge: JACKMAN J |
10. McGinn v High Court of Australia (No 4) [2025] FCA 847
| PRACTICE AND PROCEUDRE — interlocutory application for stay of proceedings until outcome of appeal — where proceedings subject of stay application concern whether vexatious proceedings order should be made under s 37AO of the Federal Court of |
| Date: 21 Jul 2025 Judge: JACKMAN J |
11. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 4) [2025] FCA 826
| COSTS — plaintiffs’ application for lump sum costs order under r 40.02(b) of the Federal Court Rules 2011 (Cth) — where s 23 of Federal Court of Australia Act 1976 (Cth) sufficiently wide to enable costs incurred in proceedings transferred |
| Date: 18 Jul 2025 Judge: JACKMAN J |
12. Insurance Australia Limited, in the application of Insurance Australia Limited [2025] FCA 809
| INSURANCE — application for confirmation of scheme pursuant to s 17F of the Insurance Act 1973 (Cth) (the Act) to transfer part of IAL’s insurance business to IMA — where IAL and IMA both subsidiaries of IAG — where Scheme part of minor |
| Date: 15 Jul 2025 Judge: JACKMAN J |
13. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 3) [2025] FCA 771
| PRACTICE AND PROCEDURE – whether discovery dispute should be deferred until valuation date determined – where no formal application for determination of separate question under r 30.01 of Federal Court Rules 2011 (Cth) by defendants – where |
| Date: 9 Jul 2025 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE – application for leave to continue proceedings against fifth, sixth and seventh defendants pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) – where sixth and seventh defendants signed debtors’ petitions and were |
| Date: 7 Jul 2025 Judge: JACKMAN J |
| COSTS – where settlement reached between parties in relation to plaintiff’s request for production of material from defendant – where plaintiff achieves substantive success – where defendant’s conduct could have prevented dispute – |
| Date: 4 Jul 2025 Judge: JACKMAN J |
16. Australian Securities and Investments Commission v TerraCom Limited [2025] FCA 726
| CORPORATIONS – whether defendants contravened s 1309(2) of the Corporations Act 2001 (Cth) (the Act) – whether false or misleading information was given to the ASX – where alleged that ASX announcements gave rise to four ‘exoneration |
| Date: 4 Jul 2025 Judge: JACKMAN J |
17. McGinn v High Court of Australia [2025] FCA 794
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
18. McGinn v Federal Court of Australia [2025] FCA 781
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
19. McGinn v Federal Court of Australia [2025] FCA 788
| PRACTICE AND PROCEDURE – application for disqualification – dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
20. McGinn v Federal Court of Australia [2025] FCA 783
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
21. McGinn v Federal Court of Australia [2025] FCA 790
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
22. McGinn v Federal Court of Australia [2025] FCA 785
| PRACTICE AND PROCEDURE – application for recusal – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
23. McGinn v Federal Court of Australia [2025] FCA 792
| PRACTICE AND PROCEDURE – application for disqualification on grounds of actual bias – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
24. McGinn v Australian Information Commissioner [2025] FCA 779
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
25. McGinn v Federal Court of Australia (No 2) [2025] FCA 784
| ADMINISTRATIVE LAW – application for judicial review under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of Registrar decision to refuse application for filing – where Registrar’s decision correct – |
| Date: 3 Jul 2025 Judge: JACKMAN J |
26. McGinn v Federal Court of Australia (No 2) [2025] FCA 793
| ADMINISTRATIVE LAW – application under s 39B of the Judiciary Act 1903 (Cth) for writs of prohibition to restrain Registrars of the Federal Court from refusing to accept documents for filing on grounds of “competency and jurisdiction” under r 2 |
| Date: 3 Jul 2025 Judge: JACKMAN J |
27. McGinn v Federal Court of Australia (No 2) [2025] FCA 791
| ADMINISTRATIVE LAW – application for judicial review under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) (AD(JR) Act) and s 39B of the Judiciary Act 1903 (Cth) – where Registrar refused filing of originating application on |
| Date: 3 Jul 2025 Judge: JACKMAN J |
28. McGinn v Federal Court of Australia (No 2) [2025] FCA 782
| ADMINISTRATIVE LAW – application for written reasons under s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where decision rejected application that proceedings NSD1825/2024 be heard by a Full Court under s 20(1A) of |
| Date: 3 Jul 2025 Judge: JACKMAN J |
29. McGinn v Federal Court of Australia (No 2) [2025] FCA 786
| ADMINISTRATIVE LAW – application for written reasons under s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where decision rejected application that proceedings NSD1867/2024 be heard by a Full Court under s 20(1A) of |
| Date: 3 Jul 2025 Judge: JACKMAN J |
30. McGinn v Federal Court of Australia (No 2) [2025] FCA 789
| ADMINISTRATIVE LAW – application for review of Registrar’s decision – application dismissed PRACTICE AND PROCEDURE – application for summary judgment – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
31. McGinn v Federal Court of Australia [2025] FCA 787
| ADMINISTRATIVE LAW – application for judicial review under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) – where Registrar refused filing of originating application on grounds that document was an abuse of Court process, |
| Date: 3 Jul 2025 Judge: JACKMAN J |
32. McGinn v High Court of Australia (No 2) [2025] FCA 795
| ADMINISTRATIVE LAW – application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) (AD(JR) Act) and the Judiciary Act 1903 (Cth) seeking reasons pursuant to s 13 of the AD(JR) Act for Registrar’s |
| Date: 3 Jul 2025 Judge: JACKMAN J |
33. McGinn v Australian Information Commissioner (No 2) [2025] FCA 780
| ADMINISTRATIVE LAW – application for judicial review under r 31.01 of the Federal Court Rules 2011 (Cth) seeking relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth) in respect of decision of delegate of respondent – where |
| Date: 3 Jul 2025 Judge: JACKMAN J |
| CONTRACTS – formation of contracts – intention to create legal relations – whether evidence of parties’ intending to be bound by terms – whether agreement as to sufficient terms CONTRACTS – formation of contracts – intention to be |
| Date: 3 Jul 2025 Judge: DERRINGTON, CHEESEMAN AND JACKMAN JJ |
35. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 2) [2025] FCA 684
| PRACTICE AND PROCEDURE – application to discharge orders restraining defendants from taking steps to remove or replace second plaintiff and preventing defendants from proceeding with certain transactions or resolutions – where continued |
| Date: 23 Jun 2025 Judge: JACKMAN J |
36. The Infant Food Company Pty Ltd v Willis Trading Limited [2025] FCA 682
| PRACTICE AND PROCEDURE – application to discharge freezing order against respondents – whether court has jurisdiction to make worldwide freezing order – where respondents’ consent to jurisdiction is conditional – where jurisdictional |
| Date: 19 Jun 2025 Judge: JACKMAN J |
| CORPORATIONS – application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) (Act) seeking extension of convening period – application pursuant to s 447A(1) of the Act and s 90-15 of the Insolvency Practice Schedule that Pt 5.3A of the |
| Date: 19 Jun 2025 Judge: JACKMAN J |
38. Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana (No 2) [2025] FCA 660
| BANKRUPTCY AND INSOLVENCY – application to set aside personal insolvency agreement and for sequestration orders against second respondent’s estate – where second respondent entered into personal insolvency agreement (PIA) – where |
| Date: 19 Jun 2025 Judge: JACKMAN J |
39. Spring, in the matter of Goal Group Australia Pty Ltd (in liquidation) (No 3) [2025] FCA 632
| BANKRUPTCY AND INSOLVENCY – where company identified and managed potential recoveries for clients in securities class actions – whether liquidators justified in causing company to pay Citizens Funds Entitlements to each Citizens Client on ground |
| Date: 13 Jun 2025 Judge: JACKMAN J |
40. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622
| CORPORATIONS – claim brought in oppression under s 232 of Corporations Act 2001 (Cth) (Corporations Act) – where venture capital private equity business consisted of two registered companies and two limited partnerships – where two directors |
| Date: 13 Jun 2025 Judge: JACKMAN J |
41. Purple Sunset Holdings Pty Ltd v Jones, in the matter of Cattana [2025] FCA 659
| PRACTICE AND PROCEDURE – adjournment application – where ample time given to enable second respondent to prepare case, obtain legal advice and file evidence – application refused |
| Date: 12 Jun 2025 Judge: JACKMAN J |
42. One Funds Management Limited, in the matter of One Funds Management Limited (No 2) [2025] FCA 602
| CORPORATIONS – creditors’ scheme of arrangement – second court hearing for revised scheme – application for orders under s 411 of the Corporations Act 2001 (Cth) (Act) approving a scheme of arrangement – where scheme is proposed as a means |
| Date: 6 Jun 2025 Judge: JACKMAN J |
43. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 10) [2025] FCA 633
| PRACTICE AND PROCEDURE – application to discharge stay orders granted by consent – discharge sought on grounds of first defendant’s non-compliance with conditions of stay – where conditions included that first defendant take all steps to |
| Date: 4 Jun 2025 Judge: JACKMAN J |
44. Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd (in liquidation) (No 3) [2025] FCA 577
| REPRESENTATIVE PROCEEDINGS — where vendors advertised property development to general public — where 150 lots were subject to “off the plan contracts” with group members — where seventh respondent incorporated as special purpose vehicle |
| Date: 29 May 2025 Judge: JACKMAN J |
45. Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd [2025] FCA 561
| PRACTICE AND PROCEDURE – application to set aside subpoena – application made on grounds that subpoena lacks legitimate forensic purpose, that the documents will be sought by way of discovery, and that categories sought are oppressive – where |
| Date: 28 May 2025 Judge: JACKMAN J |
46. Oxford Nanopore Technologies Plc v MGI Australia Pty Ltd [2025] FCA 572
| PRACTICE AND PROCEDURE – application to set aside notice to produce served on prospective applicant – where prospective respondent’s nanopore sequencing devices may fall within the scope of one or more claims of patents owned by the |
| Date: 20 May 2025 Judge: JACKMAN J |
47. Spring (Liquidator), in the matter of Liquor Loot Operations Pty Ltd [2025] FCA 479
| BANKRUPTCY AND INSOLVENCY – application for orders and directions to pool assets and liabilities of companies in liquidation – where creditors’ resolution approved the pooling determination – where priority and unsecured creditors stand to |
| Date: 13 May 2025 Judge: JACKMAN J |
48. One Funds Management Limited, in the matter of One Funds Management Limited [2025] FCA 475
| CORPORATIONS – creditors’ scheme of arrangement – first court hearing for revised scheme – application for orders under s 411 of the Corporations Act 2001 (Cth) convening a meeting of scheme creditors – scheme is proposed as a means of |
| Date: 13 May 2025 Judge: JACKMAN J |
49. Zulic v CMC Markets Asia Pacific Pty Ltd (No 3) [2025] FCA 464
| DISCOVERY – representative proceedings – impugned practices concerning online trading of contracts for difference and binaries – application for further discovery orders – whether making further discovery orders will facilitate the just |
| Date: 9 May 2025 Judge: JACKMAN J |
| INSURANCE – pecuniary penalty order under s 12GBB of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) for misleading the public as to the nature, characteristics and suitability of financial services – where no |
| Date: 8 May 2025 Judge: JACKMAN J |
51. Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 494
| MIGRATION – application for judicial review of migration decision – leave granted for amendment of originating application – whether Tribunal failed to consider protection of Australian community and/or ongoing risk – whether Tribunal erred |
| Date: 5 May 2025 Judge: JACKMAN J |
52. Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
| COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – |
| Date: 10 Apr 2025 Judge: CHEESEMAN, JACKMAN AND OWENS JJ |
53. Nova Supply Chain Finance Pty Limited v Active Capital Reinsurance Limited (No 2) [2025] FCA 332
| PRACTICE AND PRCOEDURE – application for strike out of amended statement of claim – application granted with leave to re-plead – application for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) – application dismissed |
| Date: 3 Apr 2025 Judge: JACKMAN J |
54. Belmont Park Investments Pty Ltd v Fitch Ratings, Inc [2025] FCA 318
| PRACTICE AND PROCEDURE – application for summary dismissal or strike out of claims on the basis that relief sought is time-barred – claims subject of application for damages under ss 1041I(1) and 1325(2) of the Corporations Act 2001 (Cth) – |
| Date: 3 Apr 2025 Judge: JACKMAN J |
55. DC Rd DC Pty Ltd v Zhang (No 4) [2025] FCA 319
| PRACTICE AND PROCEDURE – application for review of reasons for decision and orders of a Registrar in relation to subpoena – application for orders for production of documents within specific date range – where proceedings concern alleged |
| Date: 27 Mar 2025 Judge: JACKMAN J |
56. Ogawa v Australian Information Commissioner [2025] FCAFC 37
| PRACTICE AND PROCEDURE — apprehended bias — appeal and applications to extend time and for leave to appeal in three separate matters-where applicant’s claims of apprehended bias were without merit and properly refused in each case — where |
| Date: 27 Mar 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
57. Helicopter Aerial Surveys Pty Ltd v NTI Ltd [2025] FCA 265
| PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from |
| Date: 25 Mar 2025 Judge: JACKMAN J |
| BANKRUPTCY AND INSOLVENCY – Application for court approval to compromise debts owing to first plaintiff – Application for court approval to enter into retainer agreement, litigation funding agreement and Deed of Settlement and Release – |
| Date: 20 Mar 2025 Judge: JACKMAN J |
59. Gent v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 204
| MIGRATION – application for extension of time for review of migration decision under r 31.23 of the Federal Court Rules 2011 (Cth) – extension of time granted – application for review of migration decision – where alleged the Administrative |
| Date: 13 Mar 2025 Judge: JACKMAN J |
| INSURANCE - Application for confirmation of scheme of transfer - pursuant to section 194 of the Life Insurance Act 1995 (Cth) - Where proposed scheme is an intra-group transfer - Where proposed scheme will not adversely impact TLISL or TAL Life |
| Date: 24 Feb 2025 Judge: JACKMAN J |
61. Michell, in the matter of Walker's Brick & Block Pty Ltd (in liquidation) [2025] FCA 119
| BANKRUPTCY AND INSOLVENCY - Application for appointment of liquidator as receiver and manager of trust assets and undertakings - Application granted |
| Date: 20 Feb 2025 Judge: JACKMAN J |
62. Integrity Life Australia Limited, in the matter of Integrity Life Australia Limited [2025] FCA 92
| INSURANCE -- Application for confirmation of scheme of transfer -- Pursuant to Life Insurance Act 1995 (Cth) s 194 -- Where company is in breach of prudential capital requirements -- Where company's capacity to meet policy owner benefits is expected |
| Date: 19 Feb 2025 Judge: JACKMAN J |
63. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 9) [2025] FCA 79
| PRACTICE AND PROCEDURE -- Interlocutory application seeking leave to extend freezing orders until further order -- Where freezing orders prevent building work from being undertaken on property -- Where trustee in bankruptcy recently appointed -- |
| Date: 11 Feb 2025 Judge: JACKMAN J |
64. Vivian v Youi Pty Ltd [2025] FCA 50
| PRACTICE AND PROCEDURE -- interlocutory application to strike out paragraph in applicant's reply concerning adjacent property -- pursuant to Federal Court Rules 2011 (Cth) r 16.21 -- where landslip occurs at property -- where insurer declines to |
| Date: 3 Feb 2025 Judge: JACKMAN J |
65. Lucky v Ives (Winding Up Application) [2024] FCA 1501
| COSTS - application for indemnity costs - where applicants sought orders that company be wound up on the just and equitable ground - where it is agreed between the parties that the originating process should be dismissed - where respondents |
| Date: 18 Dec 2024 Judge: JACKMAN J |
| BANKRUPTCY AND INSOLVENCY - where company identified and managed potential recoveries for clients in securities class actions - whether liquidators justified in causing payment of amounts received on behalf of clients - whether liquidators justified |
| Date: 18 Dec 2024 Judge: JACKMAN J |
67. Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488
| PATENTS - application for an interlocutory injunction by patent holder - where generic recently launched - where patent holder is claiming for infringement - where patent alleged to be invalid - whether balance of convenience favours the grant of an |
| Date: 17 Dec 2024 Judge: JACKMAN J |
68. Seven Network (Operations) Limited v Greiss [2024] FCAFC 162
| DEFAMATION - where journalist tweeted and media organisation reported that the respondent stared down the complainant and spat at or towards her outside courthouse - where appellants pleaded defences of substantial truth, contextual truth and honest |
| Date: 11 Dec 2024 Judge: LEE, CHEESEMAN AND JACKMAN JJ |
69. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 7) [2024] FCA 1417
| PRACTICE AND PROCEDURE - continuation of freezing orders - balance of convenience - where maintaining injunction will have the effect that a proposed demolition and development of foreclosed property will be delayed by a period of up to four months - |
| Date: 4 Dec 2024 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE - application to discharge freezing orders - whether balance of convenience favours the continuation of the orders - where orders served on banks - where respondents' bank accounts frozen - where, if the orders were permitted |
| Date: 29 Nov 2024 Judge: JACKMAN J |
71. Kocic v Deputy Commissioner of Taxation [2024] FCA 1386
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where primary judge allowed amendments to statement of claim - whether primary judge erred by misapplying the proper approach to contemporary pleadings in circumstances |
| Date: 28 Nov 2024 Judge: JACKMAN J |
72. JNMQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1375
| MIGRATION - application for judicial review of a decision made personally by the Minister pursuant to s 501A(3) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and refuse to grant the applicant a |
| Date: 27 Nov 2024 Judge: JACKMAN J |
| COSTS - whether to award costs on the indemnity basis - where defendants capitulated a week before the final hearing - where the unreasonableness in the substantive position taken by the defendants was compounded by the unreasonableness of the |
| Date: 26 Nov 2024 Judge: JACKMAN J |
74. Fisher v Deputy Commissioner of Taxation [2024] FCA 1364
| TAXATION - application for judicial review of decisions to cancel Australian business number, cancel registration for goods and services tax, and issue a notice of amended assessments of net amount - where applicant subsequently lodged taxation |
| Date: 25 Nov 2024 Judge: JACKMAN J |
75. 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 |
76. Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV [2024] FCAFC 152
| PRACTICE AND PROCEDURE - application for leave to appeal - whether decision to be appeal attended with sufficient doubt to warrant its reconsideration on appeal - whether, if decision is wrong, substantial injustice would result if leave were |
| Date: 21 Nov 2024 Judge: MARKOVIC, ROFE AND JACKMAN JJ |
77. Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd (No 2) [2024] FCA 1332
| COSTS - where applicants applied unsuccessfully for an interlocutory injunction - where respondents seek their costs of the interlocutory injunction application on the indemnity basis - where matter subsequently allocated to a docket judge - whether |
| Date: 19 Nov 2024 Judge: JACKMAN J |
78. Billingsley, in the matter of L F I Holdings Pty Ltd (in liq) [2024] FCA 1301
| BANKRUPTCY AND INSOLVENCY - where appointment of companies as trustee automatically terminated upon entry into voluntary liquidation - whether to appoint liquidator as receiver and manager of property owned by companies |
| Date: 6 Nov 2024 Judge: JACKMAN J |
| CONTRACTS - alleged oral contracts between franchisee and franchisor - whether applicants' evidence concerning disputed conversations should be accepted - application dismissed EVIDENCE - where all witnesses who gave evidence of conversations did so |
| Date: 1 Nov 2024 Judge: JACKMAN J |
| CORPORATIONS - standard of appellate review - where deed of company arrangement terminated - whether the Court's satisfaction that a ground for termination is established is governed by the correctness standard pursuant to Warren v Coombes or the |
| Date: 1 Nov 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
81. Pirina, in the matter of Ceylan Irmak Pty Ltd (in liq) [2024] FCA 1280
| BANKRUPTCY AND INSOLVENCY - where liquidator discovered that company was the registered owner of property - whether liquidator justified in treating property and funds received from leasing of property as assets of trust - whether to appoint |
| Date: 30 Oct 2024 Judge: JACKMAN J |
| INSURANCE - where defendant a life insurer that offers products which contain exclusions in respect of pre-existing conditions - where defendant adopted a definition of pre-existing condition that excludes cover where a medical practitioner is of |
| Date: 28 Oct 2024 Judge: JACKMAN J |
83. Australian Securities and Investments Commission v Noumi Limited (No 4) [2024] FCA 1192
| CORPORATIONS - continuous disclosure regime for entities listed on the Australian Stock Exchange - civil penalty - where first defendant in business of manufacturing and selling food products - where valueless inventory not written off - where |
| Date: 17 Oct 2024 Judge: JACKMAN J |
84. Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218
| PRACTICE AND PROCEDURE - leave to withdraw an admission - where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property - where precise number of trees remains an issue in the proceedings - |
| Date: 14 Oct 2024 Judge: JACKMAN J |
85. Gaynor v Minister for Communications [2024] FCA 1186
| ADMINISTRATIVE LAW - application for judicial review of a decision of the Classifications Review Board -where publication entitled Gender Queer given an unrestricted classification - whether the Board ignored, overlooked or misunderstood relevant |
| Date: 14 Oct 2024 Judge: JACKMAN J |
86. Rogan v White [2024] FCA 1163
| PRACTICE AND PROCEDURE - suppression - whether order necessary to prevent prejudice to the proper administration of justice - where parts of affidavits alleged to be the subject of legal professional privilege and without prejudice privilege |
| Date: 2 Oct 2024 Judge: JACKMAN J |
87. WQKK v Minister for Immigration and Multicultural Affairs [2024] FCA 1169
| MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister's delegate not to revoke cancellation of applicant's protection visa - whether Tribunal erred in giving an expert's updated |
| Date: 1 Oct 2024 Judge: JACKMAN J |
88. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 6) [2024] FCA 1160
| PRACTICE AND PROCEDURE - freezing orders - continuation of injunction - where contended that respondents were knowingly involved in an intention to defraud creditors |
| Date: 27 Sep 2024 Judge: JACKMAN J |
| CORPORATIONS - removal of liquidator - where plaintiff has lost confidence in liquidator because of apparent lack of investigation - where plaintiff propounds a funding proposal that is better than the status quo - where liquidation is in relative |
| Date: 27 Sep 2024 Judge: JACKMAN J |
90. Daly v Australian Securities and Investments Commission [2024] FCAFC 125
| CORPORATIONS - civil penalty proceedings - liability phase - duties of officers of responsible entity of a registered managed investment scheme - whether appellant an officer of the responsible entity - where primary judge held that the |
| Date: 24 Sep 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
91. Punchbowl Casual Dining Pty Ltd v Rashays Cafes &
| PRACTICE AND PROCEDURE - application to amend statement of claim - where delay unexplained - where respondent unable to prepare evidence to meet allegation in time for the hearing - application dismissed |
| Date: 23 Sep 2024 Judge: JACKMAN J |
92. Chubb Insurance Australia Limited v WSP Structures Pty Ltd [2024] FCAFC 123
| INSURANCE - whether first respondent an insured -where named insured a construction company - where first respondent provided engineering services to named insured - where definition of "Insured" included "sub-contractors" engaged by named insured - |
| Date: 20 Sep 2024 Judge: O'CALLAGHAN, DERRINGTON AND JACKMAN JJ |
93. Hemmes Trading Pty Limited v Establishment 203 Pty Ltd [2024] FCA 1100
| TRADE MARKS - where applicant the owner of the trade mark consisting of the word ESTABLISHMENT in Classes 9, 25, 41 and 42, which include restaurant, bar and hotel services - where trade mark has been used since September 2000 in respect of a |
| Date: 20 Sep 2024 Judge: JACKMAN J |
94. Lucky v Ives (No 3) [2024] FCA 1124
| COSTS - application to vary costs order - where no change of circumstances or new material which could not reasonably have been put before the Court - application dismissed |
| Date: 19 Sep 2024 Judge: JACKMAN J |
95. Edgemont Investments LLC v Tyndall Capital Pty Ltd [2024] FCA 1116
| CORPORATIONS - whether to grant leave to bring proceedings on behalf of company - whether to remove directors - whether to appoint receivers and managers PRACTICE AND PROCEDURE - whether to make freezing orders |
| Date: 16 Sep 2024 Judge: JACKMAN J |
96. Spring, in the matter of Goal Group Australia Pty Ltd (Administrators Appointed) [2024] FCA 1043
| BANKRUPTCY AND INSOLVENCY - where company identified and managed potential recoveries for clients in securities class actions - whether administrators justified in causing payment of amounts received on behalf of clients - treatment of funds as |
| Date: 6 Sep 2024 Judge: JACKMAN J |
97. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 5) [2024] FCA 1034
| PRACTICE AND PROCEDURE - where caveats lodged against second defendant's property shortly after hearing and shortly after delivery of judgment - where sale of property imminent - order that proceeds of sale of property be held in a controlled monies |
| Date: 30 Aug 2024 Judge: JACKMAN J |
| COSTS - where applicant's claim for indemnity dismissed - whether to apportion costs between the two issues in the proceedings - where the first issue concerned the meaning of "hemiplegia" and the second issue went to causation - where applicant |
| Date: 27 Aug 2024 Judge: JACKMAN J |
99. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 4) [2024] FCA 980
| EQUITY - where plaintiffs awarded equitable compensation - whether to make deduction in calculation of interest - clear accounts rule COSTS - where plaintiffs succeeded on liability but were unsuccessful against the fourth and fifth defendants on |
| Date: 23 Aug 2024 Judge: JACKMAN J |
100. Lucky v Ives (No 2) [2024] FCA 970
| CORPORATIONS - application to vary orders granting leave to take steps to defend proceedings on behalf of company - whether solicitor acting for company should be substituted - whether order should be varied to provide Mr Ives rather than Mr Lucky |
| Date: 22 Aug 2024 Judge: JACKMAN J |
