Browse Federal Court JudgmentsBy Judge - Jackman J |
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(Jackman
J)
: 309
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
6. 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 |
10. 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 |
11. 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 |
12. 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 |
15. 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 |
16. 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 |
17. 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 |
19. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
81. 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 |
82. McGinn v High Court of Australia [2025] FCA 794
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
83. McGinn v Federal Court of Australia [2025] FCA 781
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
84. McGinn v Federal Court of Australia [2025] FCA 788
| PRACTICE AND PROCEDURE – application for disqualification – dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
85. McGinn v Federal Court of Australia [2025] FCA 783
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
86. McGinn v Federal Court of Australia [2025] FCA 790
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
87. McGinn v Federal Court of Australia [2025] FCA 785
| PRACTICE AND PROCEDURE – application for recusal – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
88. 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 |
89. McGinn v Australian Information Commissioner [2025] FCA 779
| PRACTICE AND PROCEDURE – application for disqualification – application dismissed |
| Date: 3 Jul 2025 Judge: JACKMAN J |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
100. 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 |
