Browse Federal Court JudgmentsBy Judge - Jackman J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
8. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
16. 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 |
17. 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 |
18. 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 |
20. 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 |
21. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
30. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
48. 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 |
49. 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 |
50. FXF18 v Minister for Immigration and Multicultural Affairs [2024] FCA 942
| MIGRATION - appeal from the dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal not to grant the appellants protection visas - where appellants are citizens of the Russian Federation - where |
| Date: 19 Aug 2024 Judge: JACKMAN J |
51. Light & Wonder, Inc v Aristocrat Technologies Australia Pty Limited [2024] FCA 870
| PRACTICE AND PROCEDURE - preliminary discovery - application for leave to appeal - where prospective proceedings concern misuse of confidential information and copyright infringement - where related proceedings commenced by prospective applicant in |
| Date: 7 Aug 2024 Judge: JACKMAN J |
| CORPORATIONS - schemes - transfer of insurance business - whether implementation of schemes will detrimentally affect policyholders - where schemes proposed as part of an internal merger - where no material change to contractual rights or benefits |
| Date: 7 Aug 2024 Judge: JACKMAN J |
53. Australian Securities and Investments Commission v Noumi Limited (No 3) [2024] FCA 862
| CORPORATIONS - continuous disclosure regime for entities listed on the Australian Stock Exchange - civil penalty - where defendant in business of manufacturing and selling food products - where valueless inventory not written off - where revenue |
| Date: 5 Aug 2024 Judge: JACKMAN J |
| INSURANCE - professional sports person personal accident and sickness policy - where applicant retired from professional rugby league following a crusher tackle - meaning of "hemiplegia" INSURANCE - whether injury was caused by an accident "solely |
| Date: 2 Aug 2024 Judge: JACKMAN J |
55. Ghosh v Newton (No 3) [2024] FCA 897
| PRACTICE AND PROCEDURE - application to adjourn hearing - where defaults in procedural timetable - application dismissed |
| Date: 1 Aug 2024 Judge: JACKMAN J |
56. Sanderson, in the matter of Lentelle Pty Ltd (in liq) [2024] FCA 886
| BANKRUPTCY AND INSOLVENCY - appointment as receivers of trust assets |
| Date: 1 Aug 2024 Judge: JACKMAN J |
57. Ghosh v Newton (Trial Judgment) [2024] FCA 898
| BANKRUPTCY AND INSOLVENCY - application for annulment of bankruptcy - where applicant relies on matters that came into existence after sequestration order - where separate application for annulment previously refused - application dismissed |
| Date: 1 Aug 2024 Judge: JACKMAN J |
58. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 3) [2024] FCA 882
| PRACTICE AND PROCEDURE - application to vary freezing orders - where applicant estimates $900 per week for groceries in circumstances where he has no dependants and the groceries are for his own meals - application dismissed |
| Date: 31 Jul 2024 Judge: JACKMAN J |
59. Storry v Parkyn (Vexatious Proceedings Order) [2024] FCAFC 100
| HIGH COURT AND FEDERAL COURT - where the Full Court proposed an order pursuant to s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth) that the appellant be prohibited from instituting proceedings without making an application for leave to |
| Date: 31 Jul 2024 Judge: LEE, FEUTRILL AND JACKMAN JJ |
| CONSUMER LAW - remedies - disqualification order - civil penalty - non-party consumer redress order - injunctive relief PRACTICE AND PROCEDURE - leave to amend originating application - where amendment would substantially increase extent of penalty |
| Date: 19 Jul 2024 Judge: JACKMAN J |
61. Australian Securities and Investments Commission v American Express Australia Limited [2024] FCA 784
| CORPORATIONS - design and distribution obligations in Part 7.8A of the Corporations Act 2001 (Cth) - joint submissions on liability - where defendant admits two conventions of ss 994C(4) and 994C(5) of the Act - where contraventions relate to two |
| Date: 19 Jul 2024 Judge: JACKMAN J |
62. Capral Limited v Insurance Australia Limited t/as CGU Insurance [2024] FCA 775
| INSURANCE - general products and liability policy - where applicant sold defective aluminium plate to customers who incorporated that plate into marine vessels - whether subsequent claims by customers were for property damage - where property damage |
| Date: 17 Jul 2024 Judge: JACKMAN J |
63. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (Trial Judgment) [2024] FCA 766
| TRUSTS AND TRUSTEES - breach of trust - where plaintiffs invested in secured income mortgage fund for purpose of obtaining a significant investor visa - where fund's constitution required loans to be secured by a mortgage - where fund issued |
| Date: 15 Jul 2024 Judge: JACKMAN J |
| CORPORATIONS - extension of time for registration of collateral on PPSR - where solicitors held standing instructions to attend to registration but did not turn their mind to the statutory requirement - whether failure to register collateral earlier |
| Date: 12 Jul 2024 Judge: JACKMAN J |
65. Xu, in the matter of Sydney Carlingford Pty Ltd (Administrators Appointed) [2024] FCA 799
| BANKRUPTCY AND INSOLVENCY - appointment as receivers of trust assets - entitlement to pay costs, expenses and remuneration |
| Date: 5 Jul 2024 Judge: JACKMAN J |
66. Chou, in the matter of APR Detailed Joinery Pty Ltd (in liq) [2024] FCA 798
| BANKRUPTCY AND INSOLVENCY - appointment as receivers of trust assets - entitlement to pay costs, expenses and remuneration |
| Date: 4 Jul 2024 Judge: JACKMAN J |
67. PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86
| TAXATION - royalty withholding tax - where non-resident taxpayers entered into exclusive bottling agreements ('EBAs') with an Australian company ('Bottler') for the bottling and sale of beverages in Australia - where EBAs provided for sale of |
| Date: 26 Jun 2024 Judge: PERRAM, COLVIN AND JACKMAN JJ |
68. Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (No 2) [2024] FCA 703
| PRACTICE AND PROCEDURE - public interest immunity - where regulator seeks to redact personal information contained in consumer complaints - redactions allowed |
| Date: 24 Jun 2024 Judge: JACKMAN J |
69. Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (deregistered) (Strike Out) [2024] FCA 611
| PRACTICE AND PROCEDURE - strike out application - where allegation of forgery made for the first time three weeks before trial |
| Date: 4 Jun 2024 Judge: JACKMAN J |
70. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd (Penalty) [2024] FCA 578
| CORPORATIONS - civil penalty - whether to relieve defendant from liability - where defendant contravened Corporations Act ss 911A and 601ED - where contraventions involved investing customer funds in cryptocurrency - where defendant perceived there |
| Date: 4 Jun 2024 Judge: JACKMAN J |
71. Storry v Parkyn [2024] FCAFC 67
| APPEAL AND NEW TRIAL - where primary judge dismissed an application for judicial review of a Registrar's decision to refuse to accept documents for filing - where Registrar formed the view the documents on their face were frivolous or vexatious - |
| Date: 28 May 2024 Judge: LEE, FEUTRILL AND JACKMAN JJ |
72. Albarran, in the matter of Bonza Aviation Pty Ltd (Administrators Appointed) [2024] FCA 575
| CORPORATIONS - extension of convening period for second meeting of creditors to 29 July 2024 - Daisytek order permitting administrators to hold second meeting of creditors during, or within five business days after, the convening period as extended - |
| Date: 27 May 2024 Judge: JACKMAN J |
73. Scott v Emancee Pty Limited (in liq) [2024] FCA 600
| BANKRUPTCY AND INSOLVENCY - judicial advice and direction to trustee - where trustee in potential position of conflict - requested orders made |
| Date: 24 May 2024 Judge: JACKMAN J |
74. Australian Securities and Investments Commission v BSF Solutions Pty Ltd (Liability) [2024] FCA 553
| CONSUMER LAW - alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 - whether first respondent and second respondent engaged in credit activity without a licence - where first respondent advanced credit but second |
| Date: 24 May 2024 Judge: JACKMAN J |
75. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 595
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) - whether failure to consider representation regarding impact of |
| Date: 23 May 2024 Judge: JACKMAN J |
76. Ghosh v Newton (No 2) [2024] FCA 559
| BANKRUPTCY AND INSOLVENCY - application for interlocutory injunction restraining removal of contents from applicant's property - where applicant was provided with opportunities to make arrangements to collect items from property - application |
| Date: 17 May 2024 Judge: JACKMAN J |
77. Energy Action (Australia) Pty Ltd v Ritson [2024] FCA 565
| PRACTICE AND PROCEDURE - application for interlocutory injunction purportedly restraining disclosure of confidential information - where applicant is an energy broker and respondent is a former employee - whether balance of convenience favours |
| Date: 17 May 2024 Judge: JACKMAN J |
78. Ghosh v Newton [2024] FCA 517
| BANKRUPTCY AND INSOLVENCY - interlocutory application seeking permission to enter property - where order sought substantially identical to order previously dismissed by duty judge and no evidence of any change in circumstances - application |
| Date: 7 May 2024 Judge: JACKMAN J |
| INSURANCE - separate questions on liability - where insured's music festival cancelled - whether cancellation was necessary and sole and direct result of cause not otherwise excluded - where insured suggested cancellation was because of bushfires - |
| Date: 29 Apr 2024 Judge: JACKMAN J |
80. Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd [2024] FCA 344
| CONSUMER LAW - misleading and deceptive conduct - where first respondent represented that: first, distressed homeowners lose remaining equity in their property because "banks don't give change" |
| Date: 9 Apr 2024 Judge: JACKMAN J |
| PRACTICE AND PROCEDURE - application to set aside subpoenas - where proceedings concern an application for leave pursuant to Corporations Act s 237 - application dismissed |
| Date: 2 Apr 2024 Judge: JACKMAN J |
82. Kim v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 294
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) - where alleged that tribunal did not respond to factual contention - |
| Date: 26 Mar 2024 Judge: JACKMAN J |
| INSURANCE - unfair contract terms regime - where term of product disclosure statement required insured to "tell us if anything changes while you're insured with us" - whether term unfair - interaction of unfair contract terms regime with Insurance |
| Date: 22 Mar 2024 Judge: JACKMAN J |
84. Chou v Metstech Pty Ltd (Costs) [2024] FCAFC 39
| COSTS - whether costs should follow the event - where respondents successful in substance but primary judge's declarations were amended in the interests of clarity |
| Date: 19 Mar 2024 Judge: YATES, DOWNES AND JACKMAN JJ |
85. MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38
| PATENTS - construction of patent - invention of tooth construction for a mineral sizer - meaning of "front cover which is weldingly secured to and seated in face to face contact with the front face of the support body" - where primary judge rejected |
| Date: 19 Mar 2024 Judge: YATES, BURLEY AND JACKMAN JJ |
86. DC Rd DC Pty Ltd v Zhang (No 3) [2024] FCA 221
| CONTEMPT OF COURT - whether company breached court order - whether transaction was in ordinary and proper course of business - where mortgage covered debts of second company with common director - charge dismissed CONTEMPT OF COURT - where alleged |
| Date: 12 Mar 2024 Judge: JACKMAN J |
87. Crowley v Worley Limited (Costs) [2024] FCA 211
| COSTS - whether costs should be apportioned - where applicant succeeded on several questions but failed to obtain compensation - where any victory was Pyrrhic - costs not apportioned COSTS - whether order should extend to costs of initial trial |
| Date: 7 Mar 2024 Judge: JACKMAN J |
88. Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20
| APPEAL AND NEW TRIAL - proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs - whether appellants were denied procedural fairness as a consequence of primary judge disallowing |
| Date: 4 Mar 2024 Judge: NICHOLAS, ROFE AND JACKMAN JJ |
89. Centuria Property Funds Limited, in the matter of Centuria Property Funds Limited [2024] FCA 202
| CORPORATIONS - responsible entity of registered scheme - failure to lodge amended constitution with ASIC - whether to extend time nunc pro tunc - whether no substantial injustice - whether Corporations Act s 1322(4)(d) applicable - where no express |
| Date: 1 Mar 2024 Judge: JACKMAN J |
90. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd (No 2) [2024] FCA 197
| PRACTICE AND PROCEDURE - whether to make orders allowing running of defences - where initial trial dealt with questions of liability - where defendant's concise statement raised exculpatory provisions - where defendant under impression that |
| Date: 29 Feb 2024 Judge: JACKMAN J |
91. Shirota v Liu (No 2) [2024] FCA 187
| PRACTICE AND PROCEDURE - interlocutory application for freezing orders - where impending sale of property beneficially owned by respondents - application successful |
| Date: 29 Feb 2024 Judge: JACKMAN J |
92. DC Rd DC Pty Ltd v Zhang (No 2) [2024] FCA 157
| PRACTICE AND PROCEDURE - whether to make order for production - where proposed order identical to previous orders and there has been no material change in circumstances - order not made PRACTICE AND PROCEDURE - whether to make Sabre order - where |
| Date: 29 Feb 2024 Judge: JACKMAN J |
93. Shaw v The Official Trustee in Bankruptcy [2024] FCA 137
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge held Official Trustee was authorised to apply for vexatious proceedings orders - where primary judge held Official Trustee validly instituted proceedings |
| Date: 22 Feb 2024 Judge: JACKMAN J |
94. Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd [2024] FCA 126
| EVIDENCE - hearsay - exception in Evidence Act 1995 (Cth) s 75 - whether source of information identified - where affidavit referred to conversations with persons using alias - objection upheld |
| Date: 16 Feb 2024 Judge: JACKMAN J |
95. Punchbowl Casual Dining Pty Ltd v Rashays Cafes &
| CONTRACTS - alleged promise to renew franchise agreement - where interlocutory injunction restrained franchisor from evicting franchisee - whether injunction should be discharged - where alleged breaches of franchise agreement - injunction |
| Date: 16 Feb 2024 Judge: JACKMAN J |
96. Dickson Developments Precinct 5 Pty Ltd v Core Building Group Pty Ltd [2024] FCA 86
| ADMINISTRATIVE LAW - application for judicial review of adjudicator determination in relation to construction contract - whether jurisdictional error - whether reference date for payment claim - whether separable part - whether estoppel by |
| Date: 15 Feb 2024 Judge: JACKMAN J |
97. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64
| CORPORATIONS - operation of unregistered management investment scheme in contravention of s 601ED(5) of the Corporations Act 2001 (Cth) - carrying on financial services business without an Australian Financial Services Licence in contravention of s |
| Date: 9 Feb 2024 Judge: JACKMAN J |
98. Ripley v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 93
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) - whether failure to consider representation - where representation |
| Date: 8 Feb 2024 Judge: JACKMAN J |
99. Chou v Metstech Pty Limited [2023] FCAFC 205
| COPYRIGHT - appeal and cross-appeals - whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up - whether the plaintiffs in the proceeding below failed to join a necessary party - |
| Date: 22 Dec 2023 Judge: YATES, DOWNES AND JACKMAN JJ |
100. Australian Securities and Investments Commission v Zurich Australia Limited (No 2) [2023] FCA 1641
| INSURANCE - whether insurer breached the duty of utmost good faith under s 13 of the Insurance Contracts Act 1984 (Cth) - where the insured's income protection policy was avoided for fraudulent non-disclosure of health issues - where the insured was |
| Date: 21 Dec 2023 Judge: JACKMAN J |
