Browse Federal Court JudgmentsBy Judge - Katzmann J |
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1. Mount v Dover Castle Metals Pty Ltd (Costs) [2025] FCA 402
| COSTS – where applicant sued respondents for damages/compensation, exemplary damages and pecuniary penalties alleging contraventions of whistleblower provisions of Corporations Act 2001 (Cth) and of general protections provisions of Fair Work Act |
| Date: 29 Apr 2025 Judge: KATZMANN J |
2. Hassan (formerly AFX21) v Minister for Home Affairs [2025] FCAFC 57
| TORT – where appellant medically evacuated to Australia from offshore immigration detention in Papua New Guinea – where appellant requested removal to Papua New Guinea under s 198(1) of Migration Act 1958 (Cth) – where appellant remained in |
| Date: 22 Apr 2025 Judge: KATZMANN, THAWLEY AND KENNETT JJ |
3. Rose v Secretary of the Department of Health and Aged Care [2025] FCA 339
| PRACTICE AND PROCEDURE – applications for summary dismissal and strike out of third further amended statement of claim – where applicants allege former Minister and senior public servants acted negligently in relation to provisional approvals of |
| Date: 10 Apr 2025 Judge: KATZMANN J |
4. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (Costs) [2025] FCAFC 29
| COSTS – where appeal dismissed and cross-appeal allowed, what orders should be made for costs of trial and appeal – whether costs of trial should be apportioned to take account of aspects of cross-claim on which respondent failed – where |
| Date: 21 Mar 2025 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
5. Firstmac Limited v Zip Co Limited [2025] FCAFC 30
| TRADE MARKS – appeal against decision that composite marks not deceptively similar to registered trade mark pursuant to s 120 of the Trade Marks Act 1995 (Cth) (TM Act) – whether stylised marks containing the registered trade mark and other |
| Date: 19 Mar 2025 Judge: PERRAM, KATZMANN AND BROMWICH JJ |
6. Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2025] FCAFC 22
| STATUTORY INTERPRETATION – Pharmaceutical Benefits Scheme – methodology of the average unadjusted price reduction test prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – where legislation amended after conclusion of argument on |
| Date: 13 Mar 2025 Judge: KATZMANN, O’SULLIVAN AND MCELWAINE JJ |
| INDUSTRIAL LAW - proper construction of enterprise agreement - where roster rules contained in enterprise agreement covering the parties and the employees required employees to work a certain number of hours annually (the threshold) plus reasonable |
| Date: 25 Feb 2025 Judge: KATZMANN, RAPER AND KENNETT JJ |
8. Mount v Dover Castle Metals Pty Ltd [2025] FCA 101
| CORPORATIONS - whistleblower protections - where applicant employed as Chief Executive Officer - where applicant seeks orders against employer, a company, and three of its four directors - where applicant claimed to have made certain disclosures of |
| Date: 21 Feb 2025 Judge: KATZMANN J |
9. United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 7
| COSTS - application for leave to discontinue - where originating application sought constitutional writs in respect of decision of Fair Work Commission exercising arbitral powers under an enterprise agreement - where hearing of originating |
| Date: 5 Feb 2025 Judge: KATZMANN, SNADEN AND SHARIFF JJ |
10. Saffari v Latitude Financial Services Australia Holdings Pty Ltd [2025] FCA 6
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where primary judge dismissed proceeding under r 5.23(1)(b) of Federal Court Rules 2011 (Cth), whether leave to appeal required - where applicant applied for leave to |
| Date: 17 Jan 2025 Judge: KATZMANN J |
| INDUSTRIAL LAW - where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining |
| Date: 20 Dec 2024 Judge: COLLIER, KATZMANN AND SNADEN JJ |
12. Fair Work Ombudsman v Blue Sky Kids Land Pty Ltd (in liq) (No 4) [2024] FCA 1475
| INDUSTRIAL LAW - pecuniary penalties - where respondents found to have contravened multiple civil remedy provisions of Fair Work Act 2009 (Cth), what penalties are appropriate INDUSTRIAL LAW - where employer failed to make superannuation |
| Date: 20 Dec 2024 Judge: KATZMANN J |
13. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
| TRADE MARKS -- s 62(b) of the Trade Marks Act 1995 (Cth) - where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the |
| Date: 6 Dec 2024 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
| INDUSTRIAL LAW - interlocutory application for summary dismissal of proceedings against third respondent for want of jurisdiction - where two employees were dismissed from employment by first respondent - where s 370 of Fair Work Act 2009 (Cth) (FW |
| Date: 19 Nov 2024 Judge: KATZMANN J |
| MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority - where Authority affirmed decision of Minister's delegate not to grant |
| Date: 8 Nov 2024 Judge: KATZMANN J |
16. Global Retail Brands Australia Pty Ltd v Bed Bath 'N' Table Pty Ltd [2024] FCAFC 139
| CONSUMER LAW - misleading or deceptive conduct - where, by its use of trade mark "HOUSE BED & BATH" (appellant's mark) in relation to soft homewares in a market in which respondent's trade mark "BED BATH 'N' TABLE" (respondent's mark) has a |
| Date: 31 Oct 2024 Judge: NICHOLAS, KATZMANN AND DOWNES JJ |
17. Cavanagh-Downs v Insightsoftware Australia Pty Ltd [2024] FCA 1067
| PRACTICE AND PROCEDURE - where expert evidence adduced by applicant conceded to be inadmissible - whether leave should be granted to applicant to adduce other expert evidence and, if so, on what conditions COSTS - application for costs in proceeding |
| Date: 13 Sep 2024 Judge: KATZMANN J |
| ADMINISTRATIVE LAW - migration - application for judicial review of decision of Administrative Appeals Tribunal - where delegate of Minister refused to grant partner visa - where Ministerial Direction 65 under s 499 of Migration Act 1958 (Cth) |
| Date: 11 Sep 2024 Judge: KATZMANN, DOWLING AND MCDONALD JJ |
19. Minister for Immigration, Citizenship and Multicultural Affairs v NDBR [2024] FCAFC 114
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal affirmed decision under s 501(1) of Migration Act 1958 (Cth) to refuse to grant Pakistani national a visa and decision set aside by primary judge on review - where Tribunal |
| Date: 3 Sep 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
20. Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 3) [2024] FCA 869
| INDUSTRIAL LAW - pecuniary penalties - where respondents found to have contravened multiple civil remedy provisions of Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) - what penalties are appropriate -- where director of corporate |
| Date: 5 Aug 2024 Judge: KATZMANN J |
21. El-Hanania v Cull [2024] FCA 814
| BANKRUPTCY AND INSOLVENCY - where applicant (an undischarged bankrupt) seeks trustees' consent to travel overseas - where trustees refused consent - whether Court should direct trustees to give consent |
| Date: 24 Jul 2024 Judge: KATZMANN J |
22. McGary v Australian National University [2024] FCA 800
| ADMINISTRATIVE LAW - judicial review - review by Appeals Committee of disciplinary decision made by nominee of Vice Chancellor - scope of review - whether review by Appeals Committee de novo review - whether Appeals Committee erred by limiting |
| Date: 19 Jul 2024 Judge: KATZMANN J |
23. Sunnya Pty Ltd v FPA Group Ltd [2024] FCA 774
| COSTS - where leave granted by consent to discontinue proceeding before trial on condition applicant pay respondents' costs - where statement of claim made allegations tantamount to fraud which were withdrawn and contradicted in amended statement of |
| Date: 17 Jul 2024 Judge: KATZMANN J |
24. Fair Work Ombudsman v Blue Sky Kids Land Pty Ltd (in liq) (No 3) [2024] FCA 785
| INDUSTRIAL LAW - allegations of multiple contraventions of numerous civil remedy provisions of Fair Work Act 2009 (Cth) and Regulations by two related companies in the clothing trade -- where company records woefully inadequate and parties in |
| Date: 17 Jul 2024 Judge: KATZMANN J |
25. Warren v Chief Executive Officer, Services Australia [2024] FCAFC 73
| ADMINISTRATIVE LAW - Appeal from a decision of a Deputy President of the Administrative Appeals Tribunal - where applicant seeks access to ten documents pursuant to the Freedom of Information Act 1982 (Cth) (FOI Act) relating to the Pay As You Go |
| Date: 7 Jun 2024 Judge: KATZMANN, MCELWAINE AND KENNETT JJ |
26. Fair Work Ombudsman v Foot &
| INDUSTRIAL LAW - where respondents found to have contravened the Fair Work Act 2009 (Cth) in multiple respects, what orders should be made - where employees found to have been underpaid but received some payments under a deed of company arrangement |
| Date: 10 May 2024 Judge: KATZMANN J |
27. Greiss v Seven Network Operations Ltd (Costs) [2024] FCA 377
| COSTS - action for defamation - where applicant sued on three publications and succeeded on only one - where respondents allege applicant engaged in disentitling conduct - where award was less than $100,000 - whether respondents should pay |
| Date: 16 Apr 2024 Judge: KATZMANN J |
28. Inas Karem Holdings Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 352
| HEALTH LAW - pharmaceutical benefits - where applicant had approval to supply pharmaceutical benefits from certain premises but was no longer carrying on business from those premises - where in those circumstances s 98(3) of National Health Act 1953 |
| Date: 10 Apr 2024 Judge: KATZMANN J |
29. Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341
| INDUSTRIAL LAW -- pecuniary penalties -- where corporate respondents found to have contravened multiple provisions of the Fair Work Act 2009 (Cth) and participated in a fraudulent scheme to conceal their wrongdoing from authorities -- where two |
| Date: 9 Apr 2024 Judge: KATZMANN J |
30. Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
| INDUSTRIAL LAW - judicial review of decision of a full bench of the Fair Work Commission (FWC) under s 39B of Judiciary Act 1903 (Cth) - alleged unfair dismissals - dismissals effected for operational reasons - whether dismissals were cases of |
| Date: 5 Apr 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
31. EFEX Group Pty Ltd v Bennett [2024] FCAFC 35
| INDUSTRIAL LAW -- nature of employment relationship -- effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 |
| Date: 15 Mar 2024 Judge: KATZMANN, BROMWICH AND LEE JJ |
32. Shi v Commonwealth of Australia [2024] FCA 231
| MIGRATION -- application for injunctive relief under s 39B of Judiciary Act 1903 (Cth) to restrain removal of applicant from Australia -- where applicant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth), Minister declined to revoke |
| Date: 8 Mar 2024 Judge: KATZMANN J |
33. Prosegur Australia Pty Ltd v Higgerson [2024] FCA 203
| WORKERS COMPENSATION - employee of "licensed corporation" within the meaning of the Safety, Rehabilitation and Compensation Act 1998 (Cth) (SRC Act) -where employee had long-standing problems with his left knee attributed to osteoarthritis after |
| Date: 8 Mar 2024 Judge: KATZMANN J |
34. QDWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 178
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of Minister's delegate not to issue visa pursuant to s 501(1) of Migration Act 1958 (Cth) - where applicant failed character test on |
| Date: 5 Mar 2024 Judge: KATZMANN J |
35. Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98
| DEFAMATION - where journalist tweeted and media organisation reported that applicant stared down a rape victim and spat at or towards her outside courthouse following sentencing of her assailant and pleaded imputations were admittedly conveyed and |
| Date: 20 Feb 2024 Judge: KATZMANN J |
36. Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 2) [2024] FCA 76
| INDUSTRIAL LAW - where related companies in restaurant industry alleged to have contravened Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) in multiple respects - where companies operated a centralised payroll system which involved |
| Date: 14 Feb 2024 Judge: KATZMANN J |
37. Taylor v August and Pemberton Pty Ltd (Costs) [2023] FCA 1575
| COSTS - application for indemnity costs following offer of compromise - where application made in accordance with the rules but applicant unsuccessful on some aspects of her case, whether applicant should recover only a portion of her costs |
| Date: 12 Dec 2023 Judge: KATZMANN J |
38. QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195
| PRACTICE AND PROCEDURE - where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court - where grounds contended before primary judge and first Full Court abandoned and appellant |
| Date: 12 Dec 2023 Judge: KATZMANN, O'CALLAGHAN AND MCEVOY JJ |
39. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
| PRACTICE AND PROCEDURE - where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether final orders should be made reflecting the answers to the case stated - proceeding dismissed |
| Date: 22 Nov 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
40. Sayed v Salvation Army Housing (No 2) [2023] FCA 1377
| PRACTICE AND PROCEDURE - where primary judge summarily dismissed proceedings as frivolous, vexatious and bound to fail, whether leave to appeal to appeal should be granted - whether draft notice of appeal raises sufficient doubt about correctness of |
| Date: 9 Nov 2023 Judge: KATZMANN J |
| INDUSTRIAL LAW - contraventions of ss 500 and 503 of Fair Work Act 2009 (Cth) by union and of s 500 by union official - remittal of proceeding for redetermination of penalties after successful appeal following judgment in Australian Building and |
| Date: 31 Oct 2023 Judge: KATZMANN J |
42. Taylor v August and Pemberton Pty Ltd [2023] FCA 1313
| HUMAN RIGHTS - discrimination - sexual harassment - where the applicant alleged that her employer had repeatedly engaged in sexual harassment by the conduct of its principal and sole director, by giving her numerous gifts, slapping her on the buttock |
| Date: 31 Oct 2023 Judge: KATZMANN J |
43. Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171
| MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - where appellant |
| Date: 20 Oct 2023 Judge: KATZMANN, O'BRYAN AND MCELWAINE JJ |
44. Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167
| MIGRATION - Application for writ of habeas corpus and declaration that item 4 of Sch 1 to Migration Amendment (Aggregate Sentences) Act 2023 (Cth) (Amending Act) is invalid - where previous Full Court judgment held cancellation of applicant's visa |
| Date: 19 Oct 2023 Judge: KATZMANN, SARAH C DERRINGTON AND KENNETT JJ |
45. JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Migration Act 1958 (Cth) (Act) - whether Tribunal misunderstood and so |
| Date: 19 Oct 2023 Judge: KATZMANN, SARAH C DERRINGTON, KENNETT JJ |
46. DSLB v Comcare [2023] FCA 1222
| WORKERS COMPENSATION - where determination by Comcare to disallow claim for workers compensation set aside on reconsideration and claim accepted, whether open to Comcare on own motion to reconsider primary determination or substitute different |
| Date: 16 Oct 2023 Judge: KATZMANN J |
47. Monash Health v Singh [2023] FCAFC 166
| INDUSTRIAL LAW - adverse action - appeal - where the respondent made a number of complaints and/or inquiries about his employment, commenced proceedings in the Fair Work Commission and took personal leave - where the respondent was found to have |
| Date: 16 Oct 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
48. Construction, Forestry, Maritime, Mining and Energy Union v Quirk [2023] FCAFC 163
| INDUSTRIAL LAW - registered organisations - where trade union officials elected to office and employed under rules registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - where officials charged with "gross misbehaviour" as an |
| Date: 11 Oct 2023 Judge: RARES ACJ, KATZMANN AND COLVIN JJ |
| COSTS - application for review of taxation - where costs respondent alleged defective costs disclosure, whether no costs payable because of breach by costs applicant of indemnity principle - whether costs applicant proved all costs reasonably |
| Date: 10 Oct 2023 Judge: KATZMANN J |
50. Fair Work Ombudsman v Foot &
| PRACTICE AND PROCEDURE - application to set aside a notice to produce documents and a notice to admit facts - where notices issued after determination of liability and only remaining issues in the proceeding relate to orders for compensation, |
| Date: 29 Sep 2023 Judge: KATZMANN J |
| ADMINISTRATIVE LAW - citizenship - application for judicial review of decision refusing to issue certificate of evidence of Australian citizenship for Australian-born child of foreign nationals -- where parents have resided in Australia for many |
| Date: 25 Sep 2023 Judge: KATZMANN J |
52. Fair Work Ombudsman v Foot &
| PRACTICE AND PROCEDURE - referees - referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) to provide opinion on the amount by which employees were underpaid in respect of hours worked and untaken annual leave balances - |
| Date: 21 Sep 2023 Judge: KATZMANN J |
53. Victoria's Secret Stores Brand Management LLC v ePharmacy Group Pty Ltd [2023] FCA 921
| PRACTICE AND PROCEDURE - application for suppression order - where information said to be confidential and commercially sensitive, whether order preventing publication or other disclosure necessary to prevent prejudice to the proper administration |
| Date: 7 Aug 2023 Judge: KATZMANN J |
54. Victorian Building Authority v Cau [2023] FCAFC 120
| ADMINISTRATIVE LAW - appeal from judgment and orders allowing an appeal from a decision of the Administrative Appeals Tribunal on a question of law - whether primary judge erred in his interpretation of s 29(1) of the Mutual Recognition Act 1991 (Cth |
| Date: 31 Jul 2023 Judge: KATZMANN, JACKSON AND FEUTRILL JJ |
55. NLJV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 844
| MIGRATION- application for an extension of time for judicial review of decision of Administrative Appeals Tribunal - where Tribunal affirmed decision not to revoke cancellation of applicant's visa - where applicant had previously sought review of |
| Date: 24 Jul 2023 Judge: KATZMANN J |
56. Fisher v Commonwealth of Australia [2023] FCAFC 106
| HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life |
| Date: 12 Jul 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
57. Sijabat (Trustee), in the matter of Omeros (Bankrupt) v Omeros [2023] FCA 709
| PRACTICE AND PROCEDURE - substituted service - whether not practicable to serve a party personally |
| Date: 27 Jun 2023 Judge: KATZMANN J |
58. Ryan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 701
| MIGRATION - where Tribunal affirmed decision of Minister's delegate not to revoke decision to cancel applicant's visa under s 501CA of Migration Act 1958 (Cth) and Tribunal bound to comply with Direction no. 90 - where Tribunal took into account |
| Date: 27 Jun 2023 Judge: KATZMANN J |
59. Clarke v Pacific National Services Pty Ltd [2023] FCA 699
| CONTRACT - where respondent employer sought binding expressions of interest in voluntary redundancy - where applicants returned signed expressions of interest in voluntary redundancy - whether binding contract created CONTRACT - where correspondence |
| Date: 27 Jun 2023 Judge: KATZMANN J |
| MIGRATION - where the appellant claimed there was 'another reason' under s 501CA(4)(b)(ii) of Migration Act 1958 (Cth) to revoke the mandatory cancellation of his visa and the Administrative Appeals Tribunal affirmed the decision of the Minister's |
| Date: 26 Jun 2023 Judge: KATZMANN, JACKSON AND MCEVOY JJ |
61. Fair Work Ombudsman v Blue Sky Kids Land Pty Ltd (in liquidation) (No 2) [2023] FCA 644
| PRACTICE AND PROCEDURE - where respondents made certain admissions in defence, after which applicant filed amended statement of claim and in amended defence respondents denied matters they had previously admitted without seeking leave to do so - |
| Date: 15 Jun 2023 Judge: KATZMANN J |
62. Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - whether employer covered by the Aged Care Award 2010 or Hospitality Industry General Award 2020 - declaratory relief sought - jurisdiction to grant declaratory relief - |
| Date: 29 May 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
63. V'landys v Australian Broadcasting Corporation [2023] FCAFC 80
| DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in making findings of characteristics of ordinary reasonable viewer of matter complained of without evidence - |
| Date: 26 May 2023 Judge: RARES, KATZMANN AND O'CALLAGHAN JJ |
| MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke a mandatory cancellation decision under s 501CA(4) of Migration Act 1958 (Cth) - whether the Tribunal |
| Date: 22 May 2023 Judge: KATZMANN, FEUTRILL AND RAPER JJ |
65. Faingataa v Minister for Immigration, Citizenship, and Multicultural Affairs [2023] FCA 505
| MIGRATION - application for judicial review - where applicant's visa was cancelled under s 501(3A) Migration Act 1958 (Cth) while he was serving a lengthy term of imprisonment for a serious offence - where applicant did not pass the character test - |
| Date: 22 May 2023 Judge: KATZMANN J |
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of Minister's delegate not to revoke decision to cancel applicant's visa - where the applicant was injured in immigration detention and |
| Date: 28 Mar 2023 Judge: KATZMANN J |
67. Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241
| COSTS - application by successful party for an order under s 486F of the Migration Act 1958 (Cth) - where a person who was neither a lawyer nor a migration agent prepared court documents and sought to appear at the hearing on the applicants' behalf |
| Date: 21 Mar 2023 Judge: KATZMANN J |
68. Greiss v Seven Network (Operations) Limited (Evidentiary Ruling) [2023] FCA 235
| EVIDENCE - admissibility - hearsay - business records exception - whether representations in witness statements taken by police were admissible as business records under s 69(2) of the Evidence Act 2005 (Cth) or whether s 69(2) does not apply |
| Date: 17 Mar 2023 Judge: KATZMANN J |
69. Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201
| INDUSTRIAL LAW - allegations of multiple contraventions by two related companies of numerous civil penalty provisions of Fair Work Act 2009 (Cth) spanning a period of time before and after amendments introduced by Fair Work Amendment (Protecting |
| Date: 15 Mar 2023 Judge: KATZMANN J |
| INDUSTRIAL LAW - where trade union and two of its officials were found to have contravened s 500 of the Fair Work Act 2009 (Cth) by intentionally hindering or obstructing building contractors from completing a concrete pour while exercising, or |
| Date: 13 Mar 2023 Judge: KATZMANN J |
71. Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26
| APPEAL AND NEW TRIAL - proposed consent orders allowing appeal and new trial subject to conditions pursuant to Federal Court of Australia 1976 (Cth) s 30 - where new trial proposed to be subject to parties' admissions and condition that evidence at |
| Date: 3 Mar 2023 Judge: RARES, KATZMANN AND LEE JJ |
72. Duma v Fairfax Media Publications Pty Limited (No 4) [2023] FCA 159
| PRACTICE AND PROCEDURE - where previous judgment erroneously stated that respondents had not pressed a particular part of their defence - where judge consequently failed to consider submissions on the point supposedly not pressed - whether in such |
| Date: 3 Mar 2023 Judge: KATZMANN J |
73. National Disability Insurance Agency v Foster [2023] FCAFC 11
| ADMINISTRATIVE LAW - National Disability Insurance Scheme - Disability requirements - whether respondent had substantially reduced functional capacity to undertake the activity of "self-care" within the meaning of s 24(1)(c) of the National |
| Date: 17 Feb 2023 Judge: KATZMANN, PERRY AND SARAH C DERRINGTON JJ |
| MIGRATION - where application for judicial review found to have had no reasonable prospects of success, whether any arguable error in order under s 486F of Migration Act 1958 (Cth) that Minister's costs be paid by the non-lawyer who prepared it, |
| Date: 9 Feb 2023 Judge: KATZMANN J |
75. Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 74
| PRACTICE AND PROCEDURE - application for an extension of time to appeal - where primary judge found no error in decision of Administrative Appeals Tribunal to affirm decision of Minister's delegate to refuse to grant a visa to applicants' son for |
| Date: 9 Feb 2023 Judge: KATZMANN J |
76. Burt v Commonwealth of Australia [2023] FCA 55
| PRACTICE AND PROCEDURE - representative action brought by litigant in person - where respondent complained about deficiencies in the pleading and then filed an interlocutory application seeking orders to strike out and summarily dismiss the |
| Date: 7 Feb 2023 Judge: KATZMANN J |
77. Duma v Fairfax Media Publications Pty Limited (No 3) [2023] FCA 47
| DEFAMATION - series of feature articles by two journalists about corruption in Papua New Guinea (PNG) - where articles related to grant of petroleum licence, activities of an ASX-listed company and PNG cabinet minister - where Minister alleged |
| Date: 7 Feb 2023 Judge: KATZMANN J |
| INDUSTRIAL LAW -- contravention of s 47(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) -- where three union officials and the union admittedly engaged in an unlawful picket at a building site -- reassessment of |
| Date: 17 Jan 2023 Judge: KATZMANN J |
79. Cavar v Secom Australia Pty Ltd [2022] FCA 1558
| PRACTICE AND PROCEDURE - application for extension of time for leave to appeal costs judgment - whether leave required - whether extension should be granted COSTS - where court awarded costs against applicant in matter arising under Fair Work Act |
| Date: 23 Dec 2022 Judge: KATZMANN J |
80. Cavar v Secom Australia Pty Ltd [2022] FCA 1548
| PRACTICE AND PROCEDURE - application for leave to appeal from judgment imposing vexatious proceedings order under s 239 of Federal Circuit and Family Court of Australia Act 2021 (Cth) - whether judgment final or interlocutory - whether order itself |
| Date: 23 Dec 2022 Judge: KATZMANN J |
| MIGRATION - application for judicial review of Tribunal decision in relation to application for merits review of decision not to revoke a mandatory cancellation decision under s 501(CA)(4) of the Migration Act 1958 (Cth) - where Tribunal recognised |
| Date: 16 Dec 2022 Judge: KATZMANN J |
82. Edwards v Nine Network Australia Pty Limited (No 4) [2022] FCA 1496
| PRIVILEGE - application by applicant for access to documents produced under subpoena by prospective witness and first respondent - where respondents claimed legal professional privilege - litigation privilege - where claims made in proceedings for |
| Date: 13 Dec 2022 Judge: KATZMANN J |
83. Parrella v Trustee of the Property of Marino (Bankrupt) [2022] FCA 1530
| BANKRUPTCY AND INSOLVENCY - where proceeding pending in Supreme Court of New South Wales against person who has become bankrupt, whether leave should be granted under s 58(3)(b) of Bankruptcy Act 1966 (Cth) to enable plaintiff and cross-claimant to |
| Date: 7 Dec 2022 Judge: KATZMANN J |
| ADMINISTRATIVE LAW -- Citizenship -- application for judicial review of decision affirming decision to cancel certificate of evidence of Australian citizenship provided by Minister with respect to Australian-born child of foreign nationals -- where |
| Date: 7 Dec 2022 Judge: KATZMANN J |
85. CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436
| PRACTICE AND PROCEDURE - application for extension of time to appeal from a judgment dismissing application for judicial review - whether Immigration Assessment Authority acted unreasonably in not inviting applicant to give further information to |
| Date: 1 Dec 2022 Judge: KATZMANN J |
86. Woodside Energy Limited v Australian Workers' Union [2022] FCA 1391
| PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain Fair Work Commission from taking any further steps in an application for a majority support determination pending hearing and determination of application for judicial |
| Date: 23 Nov 2022 Judge: KATZMANN J |
87. Cavar v Heckenburg Group Pty Ltd (in liquidation) [2022] FCA 1333
| Date: 8 Nov 2022 Judge: KATZMANN J |
88. Salah (formerly HGMZ) v Secretary, Department of Social Services [2022] FCAFC 186
| ADMINISTRATIVE LAW - appeal on question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where appellant challenges Tribunal's findings of fact - where recipient of social security benefits settled motor vehicle accident |
| Date: 7 Nov 2022 Judge: RARES, KATZMANN AND CHEESEMAN JJ |
89. Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263
| INDUSTRIAL LAW -- penalties for multiple contraventions of ss 44 and 45 of Fair Work Act 2009 (Cth) at a meat retail establishment over a prolonged period --whether multiple contraventions should be grouped and treated as a single contravention -- |
| Date: 28 Oct 2022 Judge: KATZMANN J |
90. AIS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1221
| MIGRATION - appeal from unsuccessful judicial review of decision of Immigration Assessment Authority - whether Authority failed to consider a link to a Wikipedia entry mentioned in appellant's submissions - whether link was "new information" and, if |
| Date: 14 Oct 2022 Judge: KATZMANN J |
91. Muthu v Radeshar Pty Ltd [2022] FCA 1157
| INDUSTRIAL LAW - claim made in Federal Circuit Court for unpaid wages in breach of an oral employment contract - where respondent denied the existence of any contract or commercial arrangement, whether the primary judge erred in concluding that the |
| Date: 4 Oct 2022 Judge: KATZMANN J |
92. Lu v University of New South Wales (No 2) [2022] FCA 1010
| HUMAN RIGHTS -- application for remedies for alleged unlawful discrimination -- where applicant complained to Australian Human Rights Commission of unlawful discrimination by respondent on grounds of disability, race, sex and marital status and of |
| Date: 15 Sep 2022 Judge: KATZMANN J |
93. Wong v National Australia Bank Limited [2022] FCAFC 155
| EMPLOYMENT LAW - appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) - where primary judge found that an employer's reasons for taking adverse actions against an employee did not include the |
| Date: 8 Sep 2022 Judge: KATZMANN, CHARLESWORTH AND O'SULLIVAN JJ |
| Date: 7 Sep 2022 Judge: KATZMANN J |
95. Chircop v Technical and Further Education Commission [2022] FCA 1015
| HUMAN RIGHTS -- application for extension of time and leave to commence proceedings under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) -- where applicant complained to Australian Human Rights Commission of discrimination on the |
| Date: 1 Sep 2022 Judge: KATZMANN J |
96. Australian Competition and Consumer Commission v Retail Food Group Limited [2022] FCA 961
| PRACTICE AND PROCEDURE - where part of a case involves allegations of unconscionable conduct in contravention of s 21 of the Australian Consumer Law in relation to the sale or licence and franchise of 47 stores - where the regulator claimed that the |
| Date: 19 Aug 2022 Judge: KATZMANN J |
| MIGRATION -- application for judicial review of decision of the Administrative Tribunal to affirm a decision not to revoke the cancellation of the applicant's bridging visa on character grounds --where some material the applicant had sent to the |
| Date: 11 Aug 2022 Judge: KATZMANN J |
98. Scholes v Commonwealth of Australia [2022] FCAFC 132
| TORTS - tort of false imprisonment - where appellant was kidnapped in Nigeria and released after payment of ransom -- where consular assistance provided for his safe return to Australia but appellant alleged that he was taken and held against his |
| Date: 8 Aug 2022 Judge: LOGAN, KATZMANN AND GOODMAN JJ |
99. Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health [2022] FCAFC 135
| CONSTITUTIONAL LAW -- whether applicant has standing to sue -- whether applicant has immediate, significant or peculiar interest to be able to challenge decision made under Therapeutic Goods Act 1989 (Cth) -- whether any justiciable matter APPEAL |
| Date: 8 Aug 2022 Judge: RARES, KATZMANN AND WIGNEY JJ |
100. Kelly v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 130
| INDUSTRIAL LAW - application for judicial review of a decision of the Fair Work Commission dismissing applicant's application under s 94 of the Fair Work (Registered Organisations) Act 2009 (Cth) for a secret ballot to be held to decide whether the |
| Date: 8 Aug 2022 Judge: KATZMANN, RANGIAH AND O'CALLAGHAN JJ |
