Browse Federal Court JudgmentsBy Judge - Kennett J |
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: 99
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1. 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 |
2. Commissioner of Taxation v White (No 3) [2025] FCA 392
| PRACTICE AND PROCEDURE – objection to tendency evidence – where applicant seeks to admit evidence for non-tendency and tendency purposes – where evidence is directly relevant to a fact in issue and the applicant also seeks to rely on the |
| Date: 11 Apr 2025 Judge: KENNETT J |
3. HBSY Pty Ltd v Lewis (No 2) [2025] FCAFC 44
| BANKRUPTCY AND INSOLVENCY – effect of discharge – where an intermeddling executor-beneficiary misappropriates estate funds – where the executor-beneficiary is discharged from bankruptcy – whether the executor-beneficiary’s obligation to |
| Date: 3 Apr 2025 Judge: MARKOVIC, DOWNES and KENNETT JJ |
4. Andrews v National Disability Insurance Agency [2025] FCA 272
| PRACTICE AND PROCEDURE – application by first respondent for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01(1) of the Federal Court Rules 2011 (Cth) (the Rules) – additional or alternative |
| Date: 1 Apr 2025 Judge: Kennett j |
5. Luck v Secretary, Services Australia [2025] FCAFC 26
| PRACTICE AND PROCEDURE – where appellant failed to appear at appeal hearing – whether appeal should be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – where appellant filed interlocutory |
| Date: 7 Mar 2025 Judge: ROFE, HESPE AND KENNETT JJ |
6. AusNet Services Limited v Commissioner of Taxation [2025] FCAFC 21
| TAXATION – where appellant was inserted into the ownership structure of three entities which had until then been a stapled group – where transactions occurred on the same day in a predetermined sequence – whether the primary judge erred in |
| Date: 7 Mar 2025 Judge: LOGAN, THAWLEY AND KENNETT 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. Papoutsakis v Australian Information Commissioner [2025] FCAFC 10
| HUMAN RIGHTS - Privacy - appeal from decision of primary judge to dismiss application for judicial review of a decision of a delegate of the Australian Information Commissioner not to investigate a breach of privacy complaint under s 41(1)(da) of |
| Date: 13 Feb 2025 Judge: O'SULLIVAN, KENNETT AND NEEDHAM JJ |
9. Mukhtar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1497
| PRACTICE AND PROCEDURE - application for interlocutory injunction - where applicant has lived in Australia for over 20 years - where applicant's permanent visa cancelled by Minister - where applicant's removal imminent - where applicant claims |
| Date: 17 Dec 2024 Judge: KENNETT J |
10. Commissioner of Taxation v Bakarich (No 2) [2024] FCA 1448
| TAXATION - where first and fourth respondents admit contraventions of s 290-50(1) of Sch 1 of the Taxation Administration Act 1953 (Cth) - whether agreed civil penalties for first and fourth respondents appropriate having regard to all relevant |
| Date: 16 Dec 2024 Judge: KENNETT J |
11. Wu v DSMJ Pty Ltd (No 2) [2024] FCA 1404
| INDUSTRIAL LAW - claim for compensation arising out of termination of employment - claim that respondents engaged in adverse action against appellant because he exercised a workplace right (as the Fair Work Act 2009 (Cth) (FW Act) defines those terms |
| Date: 6 Dec 2024 Judge: KENNETT J |
12. Conway (a pseudonym) v Secretary, Department of Home Affairs [2024] FCA 1348
| COSTS - where applicant sought mandamus compelling performance of duty to decide application for visa - where applicant sought habeas corpus - where applicant granted a visa and released from detention, rendering applications moot - where applicant |
| Date: 21 Nov 2024 Judge: KENNETT J |
13. Australian Securities and Investments Commission v Pattenden [2024] FCA 1331
| PRACTICE AND PROCEDURE - application to strike out paragraphs of amended statement of claim (ASOC) - application for plaintiff to serve particulars of paragraphs of ASOC - where contraventions alleged in ASOC are pleaded in a "rolled up" way - where |
| Date: 19 Nov 2024 Judge: KENNETT J |
14. Commissioner of Taxation v Patrix Prestige Pty Ltd [2024] FCAFC 148
| TAXATION - whether respondent was entitled to claim decreasing luxury car tax (LCT) adjustments pursuant to Division 15 of the A New Tax System (Luxury Car Tax) Act 1999 (Cth) (LCT Act) - where Tribunal found, following a concession from the |
| Date: 14 Nov 2024 Judge: THAWLEY, WHEELAHAN AND KENNETT JJ |
15. Chadwick v State of New South Wales (No 5) [2024] FCA 1295
| PRACTICE AND PROCEDURE - where applicant seeks leave to file proposed further amended concise statement - where amendments seek to rely on further evidence for which leave has not been sought - where amendments seek to make collateral attacks on New |
| Date: 8 Nov 2024 Judge: KENNETT J |
16. Commissioner of Taxation v White (No 2) [2024] FCA 1291
| PRACTICE AND PROCEDURE - application to strike out part of statement of claim - where submissions prepared in tabular form - whether pleading impermissibly cast in the alternative - whether parts of pleading embarrassing PRACTICE AND PROCEDURE - |
| Date: 8 Nov 2024 Judge: KENNETT J |
| ENVIRONMENTAL LAW - listed threatened species, namely the Southern Greater Glider - where the respondent (the Secretary) proposed to conduct fuel reduction burns in four areas of the Strathbogie State Forest - where the appellant sought an |
| Date: 23 Oct 2024 Judge: MOSHINSKY, CHARLESWORTH AND KENNETT JJ |
| CORPORATIONS - application for leave to intervene under Pt 2F.1A of the Corporations Act 2001 (Cth) - where proposed interveners would make additional submissions on behalf of company - where proposed additional submissions considered and rejected |
| Date: 22 Oct 2024 Judge: KENNETT J |
19. Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal formed view that it had no jurisdiction to review refusal of medical treatment visa - here application for review under Part 5 of the |
| Date: 8 Oct 2024 Judge: THAWLEY, ROFE AND KENNETT JJ |
20. AZO24 v Commonwealth (Suppression Orders) [2024] FCA 1113
| PRACTICE AND PROCEDURE - application for suppression and non-publication orders - where interim suppression orders made earlier in proceeding - whether interim suppression order still in effect PRACTICE AND PROCEDURE - where applicant's originating |
| Date: 25 Sep 2024 Judge: KENNETT J |
21. Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd [2024] FCA 1108
| PRACTICE AND PROCEDURE - application for interlocutory injunction - whether real question to be tried - whether balance of convenience favours grant of an injunction REAL PROPERTY - indefeasibility of title - whether notice of prior interest |
| Date: 23 Sep 2024 Judge: KENNETT J |
22. Gale v Homewood (No 2) [2024] FCA 1165
| CRIMINAL LAW - application to confirm interim control order under s 104.14 of the Criminal Code (Cth) (being Sch 1 to the Criminal Code Act 1995 (Cth) - where respondent consents to orders - whether conditions reasonably appropriate and adapted for |
| Date: 20 Sep 2024 Judge: KENNETT J |
23. AWX24 v Australian National University (Separate Question) [2024] FCA 1075
| PRACTICE AND PROCEDURE - separate question stated for resolution prior to final hearing - whether hearing should proceed in the light of concessions made by respondent as to jurisdictional error ADMINISTRATIVE LAW - statutory disciplinary process of |
| Date: 17 Sep 2024 Judge: KENNETT J |
24. AZO24 v Commonwealth (Summary Dismissal) [2024] FCA 1053
| PRACTICE AND PROCEDURE - application for summary dismissal - application that statement of claim be struck out - where applicant alleges surveillance and "law enforcement controlled operation" has been undertaken against her since 2017 - where |
| Date: 11 Sep 2024 Judge: KENNETT J |
25. Indara Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2024] FCAFC 117
| ADMINISTRATIVE LAW - judicial review of assessment of "participating person's eligible revenue for an eligible revenue period" under the Telecommunications (Eligible Revenue) Determination 2015 (Cth) (TER Determination) and Telecommunications |
| Date: 6 Sep 2024 Judge: SARAH C DERRINGTON, BANKS-SMITH AND KENNETT JJ |
| ADMINISTRATIVE LAW - appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Administrative Appeals Tribunal determined that the applicant was not a public benevolent institution - where the parties |
| Date: 5 Sep 2024 Judge: WHEELAHAN, HESPE AND KENNETT JJ |
27. Dunstan v Morgan [2024] FCA 982
| ADMINISTRATIVE LAW - application for judicial review - where Registrar rejected documents for filing under r 2.26 of the Federal Court Rules 2011 (Cth) - where Registrar took into account decision sought to be set aside by the application sought to |
| Date: 28 Aug 2024 Judge: KENNETT J |
28. Scott v Steritech Pty Ltd [2024] FCA 933
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge struck out applicant's statement of claim under r 16.21(f) of Federal Court Rules 2011 (Cth) (Rules) - where primary judge summarily dismissed applicant's proceeding |
| Date: 21 Aug 2024 Judge: KENNETT J |
29. QJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 879
| PRACTICE AND PROCEDURE - costs - where applicant sought habeas corpus and mandamus to compel consideration of visa application - where first respondent considered application before hearing was held and applicant was released from detention - where |
| Date: 7 Aug 2024 Judge: KENNETT J |
30. Farrow-Smith v Comcare [2024] FCA 835
| ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal (Tribunal) under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) affirming Comcare decision to decline applicant's compensation claim under the Safety, Rehabilitation and |
| Date: 30 Jul 2024 Judge: KENNETT J |
31. Australian Securities and Investments Commission v Murphy [2024] FCA 861
| PRACTICE AND PROCEDURE - application for leave to discontinue proceeding under r 26.12 of the Federal Court Rules 2011 (Cth) (Rules) - where plaintiff entitled to discontinue with consent of second defendant under r 26.12(2)(b) of Rules - where |
| Date: 29 Jul 2024 Judge: KENNETT J |
32. Cirrus Real Time Processing Systems Pty Limited v Hawker Pacific Pty Ltd [2024] FCA 763
| CONTRACTS - formation - where parties engaged in negotiations - where respondents "committed" to subcontract the applicant if successful tenderer for work from New Zealand Defence Force - where respondents ultimately subcontracted a third party to |
| Date: 12 Jul 2024 Judge: KENNETT J |
33. North Shore Property Developments Pty Ltd (in liq) v Haddad [2024] FCA 728
| PRACTICE AND PROCEDURE - application for security for costs - where applicants are liquidator and company in liquidation - where deed of indemnity between liquidator and Deputy Commissioner of Taxation (DCT) as main creditor of company - whether |
| Date: 5 Jul 2024 Judge: KENNETT J |
| CONSUMER LAW - payday loan business - charging of prohibited fees - inclusion of prohibited terms in small amount credit contracts - failure to engage in credit activities efficiently, honestly and fairly - contraventions of s 47(1)(a) of the |
| Date: 28 Jun 2024 Judge: KENNETT J |
35. Avard v Australian Capital Territory [2024] FCA 690
| INDUSTRIAL LAW - where applicant specialist in intensive care medicine - where applicant submitted reports of risks and injury using internal reporting system - where applicant directed to attend independent medical examination - where employer |
| Date: 28 Jun 2024 Judge: KENNETT J |
36. Koutsouroupas v Minister for Health and Aged Care [2024] FCA 677
| HEALTH LAW - where Minister exercised power under s 92A(1A) of the National Health Act 1953 (the Act) to determine conditions concerning procedure for dispensing pharmaceutical benefits (conditions) - where conditions require physical presence of |
| Date: 25 Jun 2024 Judge: KENNETT J |
37. Chadwick v State of New South Wales (No 4) [2024] FCA 651
| PRACTICE AND PROCEDURE - strike out application - where lengthy procedural history and significant non-compliance with timetabling orders - where respondents allege amended concise statement insufficiently precise and contains allegations from which |
| Date: 20 Jun 2024 Judge: KENNETT J |
38. Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81
| ADMINISTRATIVE LAW - appeal - detention of Australian women and children by non-state actor in Al-Roj camp in North-East Syria - whether writ of habeas corpus should issue to the Commonwealth - whether Commonwealth has control over the custody or |
| Date: 18 Jun 2024 Judge: MORTIMER CJ, KENNETT AND HORAN JJ |
39. Wu v DSMJ Pty Ltd [2024] FCA 661
| PRACTICE AND PROCEDURE - appeal from Federal Circuit and Family Court of Australia - application for appeal to be heard by Full Court of the Federal Court of Australia |
| Date: 17 Jun 2024 Judge: KENNETT J |
40. DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75
| MIGRATION - where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa - where Tribunal invited appellant to hearing via email and appellant did not intend - where Tribunal |
| Date: 7 Jun 2024 Judge: WIGNEY, HESPE AND KENNETT JJ |
41. 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 |
42. Cavar v Australian Unity Home Care Services Pty Ltd [2024] FCA 609
| PRACTICE AND PROCEDURE - summary dismissal - where proceeding alleges substantially same case as earlier proceeding settled by deed of release - where deed of release contains binding promise not to pursue claims in this proceeding PRACTICE AND |
| Date: 6 Jun 2024 Judge: KENNETT J |
43. Maan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 64
| MIGRATION - where appellant applied for Graduate Work visa but intended to apply for Post-Study Work visa - where application was refused because appellant does not satisfy criteria for Graduate Work visa - where both visas within same class - where |
| Date: 28 May 2024 Judge: MURPHY, ANDERSON AND KENNETT JJ |
44. Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 63
| MIGRATION - where appellant applied for Graduate Work visa but intended to apply for Post-Study Work visa - where application was refused because appellant does not satisfy criteria for Graduate Work visa - where both visas within same class - |
| Date: 28 May 2024 Judge: MURPHY, ANDERSON AND KENNETT JJ |
45. University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57
| INDUSTRIAL LAW - university - right to intellectual freedom - appeal of remitter judgments - where primary judgment appealed to Full Court - where Full Court allowed appeal and remitted matters to primary judge for hearing and determination - |
| Date: 17 May 2024 Judge: PERRAM, LEE AND KENNETT JJ |
46. eSafety Commissioner v X Corp [2024] FCA 499
| PRACTICE AND PROCEDURE - application for injunction under s 121 of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) (RP Act) - where respondent issued with removal notice pursuant to s 109 of the Online Safety Act 2021 (Cth) (OS Act) - |
| Date: 13 May 2024 Judge: KENNETT J |
47. Wiseway Logistics Pty Ltd v Secretary, Department of Home Affairs (No 3) [2024] FCA 463
| PRACTICE AND PROCEDURE - suppression and non-publication orders - where respondent claims orders are necessary to prevent prejudice to Commonwealth's interests in national security - where respondent claims orders are necessary to protect the safety |
| Date: 3 May 2024 Judge: KENNETT J |
| COSTS - where application for damages for breach or repudiation of contract or orders varying that contract under s 16 of the Independent Contractors Act 2006 (Cth) (IC Act) dismissed - whether costs should be ordered against unsuccessful party - |
| Date: 3 May 2024 Judge: KENNETT J |
49. Wiseway Logistics Pty Ltd v Secretary, Department of Home Affairs [2024] FCA 427
| ADMINISTRATIVE LAW - application for judicial review of Administrative Appeals Tribunal (Tribunal) decision refusing stay of respondent's decision not to renew applicant's designation as a registered air cargo agent - whether Tribunal was required |
| Date: 26 Apr 2024 Judge: KENNETT J |
50. Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361
| PRACTICE AND PROCEDURE - application for summary dismissal and strike-out of cause of action - where application turns solely on a question of law - where question of law has previously been answered in a single-judge interlocutory decision of a |
| Date: 12 Apr 2024 Judge: KENNETT J |
51. Tigers Realm Coal Limited v Commonwealth of Australia [2024] FCA 340
| STATUTORY INTERPRETATION - meaning of 'transport' in reg 4A(1)(a)(ii) of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations) - where reg 12A(1) prohibits the transport of Russian coal - where engaging in conduct that contravenes reg 12A |
| Date: 9 Apr 2024 Judge: KENNETT J |
52. The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd (No 2) [2024] FCAFC 44
| COSTS - application for lump sum costs order calculated on an indemnity basis - whether the failure of the applicants to accept an offer of compromise was unreasonable - where offer of compromise included payment of costs other than legal costs - |
| Date: 2 Apr 2024 Judge: YATES, MARKOVIC AND KENNETT JJ |
53. AZO24 v Commonwealth of Australia (No 2) [2024] FCA 426
| PRACTICE AND PROCEDURE - where Court has ordered that no document be accepted for filing in this proceeding without leave granted by a Judge - refusal to grant leave to file interlocutory application and accompanying affidavit |
| Date: 20 Mar 2024 Judge: KENNETT J |
| CONTRACTS - Application for damages for breach or repudiation of contract - where applicants contractors providing services to respondent under Services Agreement - where clause 9.1(a) of Services Agreement granted respondent power to terminate if |
| Date: 14 Mar 2024 Judge: KENNETT J |
55. AZO24 v Commonwealth [2024] FCA 218
| HIGH COURT AND FEDERAL COURT - Application for disqualification of judge on basis of apprehended bias - where applicant alleges serious misconduct by all Australian Prime Ministers and federal Attorneys-General since 2017 - where judge's appointment |
| Date: 12 Mar 2024 Judge: KENNETT J |
56. AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 130
| MIGRATION - where applicant was refused a Class XA Subclass 866 (Protection) visa because he did not satisfy the character test - where Administrative Appeals Tribunal decided applicant should be granted that visa - where Minister decided under s |
| Date: 26 Feb 2024 Judge: KENNETT J |
| COSTS - where proceeding wholly dismissed - whether to award costs on an issue-by-issue basis - insufficient reason to depart from usual order as to costs |
| Date: 8 Feb 2024 Judge: KENNETT J |
58. Deripaska v Minister for Foreign Affairs [2024] FCA 62
| ADMINISTRATIVE LAW - judicial review of Instruments made by the Minister designating and declaring the applicant pursuant to item 6A(a) of reg 6 of the Autonomous Sanctions Regulations 2011 (Cth) (Regulations) - whether Regulations infringe common |
| Date: 8 Feb 2024 Judge: KENNETT J |
59. The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203
| TRADE MARKS - appeal - where primary judge found that the respondent had not infringed the second appellant's registered trade marks - whether primary judge erred in finding that the word mark THE NORTH AGENCY used by the respondent was not |
| Date: 19 Dec 2023 Judge: YATES, MARKOVIC AND KENNETT JJ |
60. Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199
| MIGRATION - Migration Act 1958 (Cth) - where Minister refused to revoke cancellation of visa - where primary judge found no jurisdictional error - whether Minister denied appellant procedural fairness - whether Minister failed to adequately engage |
| Date: 14 Dec 2023 Judge: RANGIAH, DOWNES AND KENNETT JJ |
61. AZC20 v Secretary, Department of Home Affairs (No 2) [2023] FCA 1497
| MIGRATION - Application for writ of habeas corpus - where applicant Iranian national unwilling to return to country of nationality and unable to be removed to any other country - whether ss 189 and 196 of Migration Act 1958 (Cth) (Act) validity |
| Date: 30 Nov 2023 Judge: KENNETT J |
62. 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 |
63. Mills v University of New England [2023] FCA 1409
| PRACTICE AND PROCEDURE - Injunctions - interlocutory injunction - where applicant seeks continuation of injunction granted ex parte preventing further steps being taken in misconduct investigation process - where substantive proceeding includes |
| Date: 15 Nov 2023 Judge: KENNETT J |
64. 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 |
65. 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 |
66. AZC20 v Secretary, Department of Home Affairs [2023] FCA 1252
| HIGH COURT AND FEDERAL COURT - Application for disqualification of judge on basis of apprehended bias - where two of respondents' witnesses previously gave evidence in cases in which judge appeared as senior counsel - where judge often represented |
| Date: 18 Oct 2023 Judge: KENNETT J |
67. Coleman v Veale (No 2) [2023] FCA 1219
| COSTS - Application relating to costs of successful application to set aside a bankruptcy notice - whether respondent should bear costs of jurisdiction issue which he did not raise or agitate - whether respondent should bear costs in relation to |
| Date: 13 Oct 2023 Judge: KENNETT J |
68. Commissioner of Taxation v Perez [2023] FCA 1221
| PRACTICE AND PROCEDURE - Strike out and summary judgment - where cross-claim fails to meet most if not all requirements for a pleading and should be struck out - where cross-claim appears to seek compensation for loss of income and assets, |
| Date: 13 Oct 2023 Judge: KENNETT J |
| TRUSTS AND TRUSTEES - Claim for indemnity in respect of liability incurred as trustee - where applicant had been refused leave to raise same claim in earlier proceeding shortly before trial ESTOPPEL - Res judicata, issue estoppel, Anshun estoppel - |
| Date: 5 Oct 2023 Judge: KENNETT J |
70. Commissioner of Taxation v [Respondent] [2023] FCA 1176
| PRACTICE AND PROCEDURE - Application for suppression orders under s 37AF of Federal Court of Australia Act 1976 (Cth) - where disclosure would result in reputational and consequent commercial damage to respondent - where evidence of respondent |
| Date: 3 Oct 2023 Judge: KENNETT J |
71. Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158
| PATENTS - construction - whether the primary judge erred in construction of "downhole equipment" and "downhole gathering data system" as excluding equipment for use in holes drilled for oil and gas exploration and production and wireline telemetry |
| Date: 29 Sep 2023 Judge: MOSHINSKY, BURLEY AND KENNETT JJ |
72. Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157
| MIGRATION - mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - meaning of "family violence", "family" and "member of the person's family" in Direction no. 90 - Visa refusal and cancellation under section 501 and |
| Date: 28 Sep 2023 Judge: O'CALLAGHAN, GOODMAN AND KENNETT JJ |
| CONSUMER LAW - alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code - where respondent held an Australian Credit Licence under the Act and carried on a business providing small amount credit |
| Date: 7 Sep 2023 Judge: Kennett J |
74. Chiodo v Silk Contract Logistics [2023] FCA 1047
| EMPLOYMENT - whether truck driver employee or independent contractor - where contract part verbal and part implied - extent of control of respondent over applicant's work - whether applicant was carrying on own business - where applicant benefitted |
| Date: 6 Sep 2023 Judge: KENNETT J |
75. Coleman v Veale [2023] FCA 1023
| BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) - whether failure to note and make allowance for a costs order adverse to respondent vitiated bankruptcy notice - |
| Date: 29 Aug 2023 Judge: KENNETT J |
76. Alloggio Group Ltd, in the matter of Alloggio Group Ltd (No 2) [2023] FCA 1053
| CORPORATIONS - members' scheme of arrangement - second court hearing - application pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (the Act) for approval of scheme - consideration of evidence necessary for court to exercise discretion - |
| Date: 28 Aug 2023 Judge: Kennett J |
77. Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2023] FCAFC 139
| ENVIRONMENT LAW - appeal of decision dismissing application for judicial review of decision to approve a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - where proposal involving clearing of |
| Date: 22 Aug 2023 Judge: JACKSON, FEUTRILL AND KENNETT JJ |
| COSTS - where appeal was dismissed - where issue was raised by Court regarding jurisdiction - further submissions invited and matter listed for a second day - where court determined that it had jurisdiction - appellants ordered to pay respondents' |
| Date: 10 Aug 2023 Judge: PERRY, DOWNES AND KENNETT JJ |
79. Coonamble Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 938
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) - determination sought under s 86G that no native title exists over determination area - application unopposed - whether |
| Date: 10 Aug 2023 Judge: KENNETT J |
80. Masi-Haini v Minister for Home Affairs [2023] FCAFC 126
| MIGRATION - appeal from orders dismissing application for judicial review of a decision of the Minister for Home Affairs revoking a decision to cancel appellant's visa - where primary judge found that the Minister erred in her findings - where |
| Date: 9 Aug 2023 Judge: MARKOVIC, MEAGHER AND KENNETT JJ |
81. Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870
| MIGRATION - Application for review of decision of Administrative Appeals Tribunal affirming delegate of Minister's decision not to revoke mandatory visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) - relevance of family violence |
| Date: 31 Jul 2023 Judge: KENNETT J |
82. AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2023] FCAFC 118
| ADMINISTRATIVE LAW - where the Australian Financial Complaints Authority Limited ('AFCA') determined that the second respondent's complaint was partially within the Australian Financial Complaints Authority Complaint Resolution Scheme Rules - where |
| Date: 28 Jul 2023 Judge: PERRY, DOWNES AND KENNETT JJ |
83. HBSY Pty Ltd v Lewis [2023] FCAFC 109
| HIGH COURT AND FEDERAL COURT - Jurisdiction - cross-vesting - bankruptcy - where applicant seeks extension of time to appeal from judgment of Supreme Court of New South Wales - where proceeding involves matter arising under Bankruptcy Act 1966 (Cth) |
| Date: 14 Jul 2023 Judge: MARKOVIC, DOWNES AND KENNETT JJ |
84. BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111
| MIGRATION - challenge to Minister's decision under s 501A(2) of the Migration Act, to refuse to grant a protection visa to the appellant on the ground that it was not in the national interest - where Minister did not consider consequence of |
| Date: 14 Jul 2023 Judge: PERRY, BROMWICH and KENNETT JJ |
85. XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 783
| MIGRATION - Application for orders setting aside decision of Administrative Appeals Tribunal affirming delegate of Minister's decision not to revoke mandatory visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) - whether Tribunal's |
| Date: 12 Jul 2023 Judge: KENNETT J |
86. 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 |
87. Ragopika Pty Ltd v Padmasingh Isaac trading as Aachi Spices and Foods (No 2) [2023] FCA 764
| COSTS - application for indemnity costs by appellant - whether offers of settlement such that Court should award indemnity costs - refusal of offers by respondent not unreasonable - application for indemnity costs refused |
| Date: 7 Jul 2023 Judge: KENNETT J |
88. Alloggio Group Ltd, in the matter of Alloggio Group Ltd [2023] FCA 799
| CORPORATIONS - members' scheme of arrangement - first court hearing - application under ss 411 and 1319 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement - application |
| Date: 7 Jul 2023 Judge: KENNETT J |
| EVIDENCE - Application pursuant to r 23.15 of the Federal Court Rules 2011 (Cth) seeking orders for experts to give oral evidence concurrently - where widely divergent approaches to relevance of matters canvassed in expert reports - application |
| Date: 26 Jun 2023 Judge: KENNETT J |
90. Dimitrovski v Boland [2023] FCAFC 86
| BANKRUPTCY AND INSOLVENCY - where applicant a discharged bankrupt - where applicant sought leave to appeal and extension of time to appeal from decision of Supreme Court of New South Wales - where applicant included claim for damages for personal |
| Date: 31 May 2023 Judge: MARKOVIC, DOWNES AND KENNETT JJ |
91. WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535
| MIGRATION - Application for extension of time under r 31.23 of Federal Court Rules 2011 (Cth) to lodge application for review of migration decision - where delay by Tribunal in provision of reasons - application not opposed - extension granted |
| Date: 26 May 2023 Judge: KENNETT J |
92. Ragopika Pty Ltd v Padmasingh Isaac trading as Aachi Spices and Foods [2023] FCA 487
| TRADE MARKS - appeal from decision of a delegate of the Registrar of Trade Marks refusing registration application - whether use of mark sought to be registered would be likely to mislead or deceive - whether registered mark registered in respect of |
| Date: 18 May 2023 Judge: KENNETT J |
93. Masi-Haini v Minister for Home Affairs [2023] FCA 430
| HIGH COURT AND FEDERAL COURT - Application for disqualification of judge on basis of apprehended bias - where proceedings raise issue on which judge made submissions as senior counsel in previous case - where judge's junior counsel in that case |
| Date: 8 May 2023 Judge: KENNETT J |
| PRACTICE AND PROCEDURE - Application for suppression and non-publication orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - sensitive personal information of third-parties - whether order necessary to prevent prejudice to |
| Date: 2 May 2023 Judge: KENNETT J |
95. Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60
| ADMINISTRATIVE LAW - appeal against decision of the Administrative Appeals Tribunal affirming decision to revoke applicant's approval as a provider of aged care pursuant to s 10-3(1) of the Aged Care Act 1997 (Cth) - where Tribunal found applicant |
| Date: 24 Apr 2023 Judge: PERRY, MEAGHER AND KENNETT JJ |
96. Moller v State of Queensland [2023] FCA 347
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) - determination sought under s 86G that no native title exists over the determination area - application unopposed - whether |
| Date: 18 Apr 2023 Judge: KENNETT J |
97. BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 294
| MIGRATION - review of decision of Federal Circuit Court dismissing application for extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) - consideration of whether date of "corrigendum" is "date of the migration decision" for |
| Date: 3 Apr 2023 Judge: Kennett J |
98. DMH20 v Minister for Home Affairs [2023] FCAFC 31
| MIGRATION - appeal from orders dismissing an application for a declaration that it was not reasonably practicable to remove the appellant, an unlawful non-citizen, from Australia in the reasonably foreseeable future - whether primary judge erred by |
| Date: 9 Mar 2023 Judge: CHARLESWORTH, THAWLEY AND KENNETT JJ |
99. BXS20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 20
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - application for review to Administrative Appeals Tribunal - requirement in s 347(1)(c) of the Migration Act 1958 (Cth) that application for review be accompanied by "prescribed |
| Date: 28 Feb 2023 Judge: THAWLEY, STEWART AND KENNETT JJ |
