Browse Federal Court JudgmentsBy Judge - Kennett J |
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: 151
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1. Qi, in the matter of S&Q Group Pty Ltd (No 2) [2026] FCA 664
| PRACTICE AND PROCEDURE – where a default judgment was entered on the cross-claim against the cross-respondents under r 5.23 of the Federal Court Rules 2011 (Cth) (the Rules) – where the cross-respondents seek orders setting aside the default |
| Date: 28 May 2026 Judge: KENNETT J |
2. Commissioner of Taxation v Perez (No 2) [2026] FCA 658
| TAXATION – where the applicant alleges the respondent engaged in conduct that resulted in him being the promoter of 12 tax evasion schemes or, alternatively, resulted in his associates being promoters of some of those schemes in contravention of s |
| Date: 28 May 2026 Judge: KENNETT J |
3. Toltz v Keane (No 2) [2026] FCA 641
| PRACTICE AND PROCEDURE – where the applicants seek leave to file a further amended statement of claim with some amendments that allegedly fall outside the scope of leave granted by the Court – where the first respondent opposes some of the |
| Date: 26 May 2026 Judge: KENNETT J |
4. Toltz v Riemer (No 2) [2026] FCA 640
| PRACTICE AND PROCEDURE – where the applicants seek leave to file a further amended statement of claim with some amendments that allegedly fall outside the scope of leave granted by the Court – where the first respondent opposes some of the |
| Date: 26 May 2026 Judge: KENNETT J |
5. Chen v Netstrata Pty Ltd [2026] FCA 621
| BANKRUPTCY AND INSOLVENCY – where the appellant is a bankrupt – where the appellant seeks to appeal from a decision dismissing his applications for an extension of time and to annul a sequestration order against his estate – where the |
| Date: 19 May 2026 Judge: KENNETT J |
6. Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64
| HUMAN RIGHTS – where the respondent registered for the appellants’ women-only mobile phone application – where access was granted by AI software but then restricted upon review by an individual – where the respondent sought re-admission to |
| Date: 15 May 2026 Judge: PERRY, ABRAHAM AND KENNETT JJ |
7. Metropolitan Local Aboriginal Land Council #3 v Attorney-General of New South Wales [2026] FCA 595
| NATIVE TITLE – non-claimant application for a determination under s 61(1) of the Native Title Act 1993 (Cth) (the Act) that native title does not exist with respect to certain parcels in New South Wales – where application not opposed – |
| Date: 14 May 2026 Judge: KENNETT J |
8. Minister for Immigration and Citizenship v XMBQ (Costs) [2026] FCAFC 55
| COSTS – where the appellant succeeded in establishing that the exercise of power under s 501BA of the Migration Act 1958 (Cth) is not subject to an implied time limit – where the appellant seeks his costs of the appeal and the proceeding below |
| Date: 30 Apr 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s protection visa was cancelled by a delegate of the Minister following his criminal convictions in 2017 – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) revoked |
| Date: 30 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
| INDUSTRIAL LAW – interpretation of enterprise agreements – dispute as to the proper construction of clauses relating to an entitlement to paid overtime – where clauses provide for a continuous half hour period of overtime as a threshold to |
| Date: 14 Apr 2026 Judge: SNADEN, KENNETT AND SHARIFF JJ |
11. Minister for Immigration and Multicultural Affairs v SSVJ [2026] FCAFC 45
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s permanent visa was cancelled by a delegate of the Minister following his criminal convictions – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) set aside that |
| Date: 13 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
12. BKN25 v Commonwealth of Australia [2026] FCA 350
| MIGRATION – application for interlocutory injunction – where the applicant is a national of Afghanistan whose Safe Haven Enterprise Visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the applicant is currently in |
| Date: 25 Mar 2026 Judge: KENNETT J |
13. Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19
| ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
14. Archer v Minister for Immigration and Citizenship [2026] FCAFC 20
| MIGRATION – whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time – where point has been decided in Minister for Immigration and Multicultural |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
15. Wang v Creation Homes QLD Pty Ltd [2026] FCA 136
| CONSUMER LAW – where the applicant alleges the respondent’s conduct was misleading and deceptive, and unconscionable in contravention of the Australian Consumer Law – whether the applicant is entitled to declaratory relief CONTRACTS – where |
| Date: 27 Feb 2026 Judge: KENNETT J |
16. Qi, in the matter of S&
| PRACTICE AND PROCEDURE – default judgment – where the plaintiff was allegedly improperly appointed director of the first, second and third defendants – where the first to third defendants cross claimed against the fourth defendant and two of |
| Date: 13 Feb 2026 Judge: KENNETT J |
17. GMS24 v Commonwealth (No 2) [2025] FCAFC 197
| COSTS – application for judicial review in relation to requests to exercise Ministerial intervention power – where application for judicial review was dismissed – whether costs should follow the event – where proceedings were conducted as |
| Date: 19 Dec 2025 Judge: KENNETT, HORAN AND BENNETT JJ |
18. Mouawad as liquidator of DCA Capital Pty Ltd (in liq) v Balanian (Privilege) [2025] FCA 1637
| PRACTICE AND PROCEDURE – review of a registrar’s decision – where the first defendant asserted legal professional privilege over a large number of documents in records obtained from devices pursuant to a warrant – where claims for privilege |
| Date: 17 Dec 2025 Judge: KENNETT J |
19. AZC20 v Minister for Home Affairs (No 3) [2025] FCA 1558
| PRACTICE AND PROCEDURE – application for summary dismissal of certain claims or for separate questions to be asked and answered – where the respondents submit their application proceeds on a demurrer basis – where the applicant submits there |
| Date: 11 Dec 2025 Judge: KENNETT J |
20. IGS25 v Gordon Private Hospital Pty Ltd [2025] FCA 1517
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where interim suppression orders made under s 37AI of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – whether ongoing suppression orders should be made |
| Date: 4 Dec 2025 Judge: KENNETT J |
21. Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 6) [2025] FCA 1522
| PRACTICE AND PROCEDURE – review of a registrar’s decision – where a subpoena was served on the applicant to the interlocutory application (applicant) – where the applicant sought to have the subpoena set aside in part – where a registrar |
| Date: 4 Dec 2025 Judge: KENNETT J |
22. Klewer v National Disability Insurance Agency [2025] FCAFC 169
| ADMINISTRATIVE LAW – where the applicant seeks review of a “decision” made by the Administrative Review Tribunal (the ART) – where both the applicant and first respondent agree the ART erred in finding that it did not have jurisdiction on |
| Date: 28 Nov 2025 Judge: PERRY, HALLEY AND KENNETT JJ |
23. Kandel v Golden Heart Services Pty Ltd [2025] FCA 1475
| INDUSTRIAL LAW – alleged contraventions of ss 340, 341, 352, 355, 386, 387 and 394 of the Fair Work Act 2009 (Cth) (the FW Act) – where the applicant was employed by the respondent on a casual basis to provide care to the respondent’s client |
| Date: 28 Nov 2025 Judge: KENNETT J |
24. GMS24 v Commonwealth [2025] FCAFC 170
| MIGRATION – application for judicial review in relation to requests to exercise Ministerial intervention power– where applicants prevented by s 46A of the Migration Act 1958 (Cth) from making valid application for a visa – where applicants |
| Date: 28 Nov 2025 Judge: KENNETT, HORAN AND BENNETT JJ |
25. Toltz v Keane [2025] FCA 1386
| REPRESENTATIVE PROCEEDINGS – application to continue proceeding as a representative proceeding – where the first respondent made a post on social media "naming and shaming" the applicants and proposed represented persons – where the pleadings |
| Date: 14 Nov 2025 Judge: KENNETT J |
26. Toltz v Riemer [2025] FCA 1385
| PRACTICE AND PROCEDURE – summary dismissal – where the second respondent seeks summary dismissal of the proceeding in so far as it alleges liability against it –where the second respondent contends an “ordinary” or “reasonable” member |
| Date: 14 Nov 2025 Judge: KENNETT J |
27. Hood v Assistant Minister for Immigration [2025] FCA 1336
| MIGRATION – application for judicial review of migration decision – where Administrative Appeals Tribunal (AAT) made a decision to revoke cancellation of visa granted to the applicant – where Assistant Minister exercised power under s 501BA(2) |
| Date: 3 Nov 2025 Judge: KENNETT J |
| INDUSTRIAL LAW – alleged contraventions of ss 501 and 502 of the Fair Work Act 2009 (Cth) (the FW Act) – where permit holders sought entry to relevant premises pursuant to s 484 of the FW Act on two separate occasions – where permit holders’ |
| Date: 17 Oct 2025 Judge: KENNETT J |
29. Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142
| PRACTICE AND PROCEDURE – whether primary judge erred in refusing to permanently stay proceeding as an abuse of process of the Court – whether leave to appeal should be granted – where proceeding overlaps in part with proceeding determined by |
| Date: 17 Oct 2025 Judge: BANKS-SMITH, KENNETT AND WHEATLEY JJ |
| INDUSTRIAL LAW – proper construction of enterprise agreements – where the respondent has calculated overtime payments by reference to the amount of hours worked by an employee on a particular day – where the applicant alleges, on their proper |
| Date: 2 Oct 2025 Judge: KENNETT J |
31. Frugtniet v Mansfield as trustee for the bankrupt estate of Frugtniet [2025] FCA 1137
| PRACTICE AND PROCEDURE – application for a stay – where the appellants have sought a stay of the primary judge’s orders – whether such stay should be granted |
| Date: 11 Sep 2025 Judge: KENNETT J |
32. Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122
| COSTS – where costs are sought to be assessed on an indemnity and lump sum basis – where trial judge made findings that imputations were substantially true – where on appeal the appellant did not seek to prove the imputations were not true – |
| Date: 4 Sep 2025 Judge: PERRAM AND KENNETT JJ |
33. Merrimans Local Aboriginal Land Council v Dwight [2025] FCA 991
| INDUSTRIAL LAW – appeal from Federal Circuit and Family Court of Australia (Division 2) judgment – proper characterisation of contractual relationship – where the respondent lived in accommodation owned by the appellant and performed various |
| Date: 22 Aug 2025 Judge: KENNETT J |
34. Scott v Steritech Pty Ltd [2025] FCAFC 110
| HIGH COURT AND FEDERAL COURT – federal jurisdiction – where the appellant had discontinued proceedings following the execution of a deed of release – where the appellant then sought to allege essentially the same facts in a new proceeding |
| Date: 22 Aug 2025 Judge: BANKS-SMITH, MEAGHER AND KENNETT JJ |
35. North Shore Property Developments Pty Ltd (in liq) v Haddad (Costs) [2025] FCA 827
| COSTS – where the applicants’ originating application has been dismissed – where the applicants submit that the respondents, despite their success, should not have their costs as a result of disentitling conduct on the part of the first |
| Date: 21 Jul 2025 Judge: KENNETT J |
36. Chadwick v State of New South Wales (No 6) [2025] FCA 773
| PRACTICE AND PROCEDURE – consolidation of proceedings – where parties to the proceedings are the same – where proceedings broadly of a similar nature and arise broadly in the same statutory and institutional milieu - whether there was a common |
| Date: 15 Jul 2025 Judge: KENNETT J |
37. Chaplin v Secretary, Department of Social Services [2025] FCAFC 89
| ADMINISTRATIVE LAW – appeal on a question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) – where appellant received Youth Allowance payments under Pt 2.11 of Social Security Act 1991 (Cth) (Social Security |
| Date: 15 Jul 2025 Judge: THAWLEY, HESPE AND KENNETT JJ |
38. Binqld Finances Pty Ltd (in liq) v Binetter (settlement approval) [2025] FCA 811
| CORPORATIONS – application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of a settlement agreement – where the liquidator for the six applicants seeks to be joined to the proceeding as the seventh applicant – where the |
| Date: 11 Jul 2025 Judge: KENNETT J |
39. SRGF v Comcare (No 2) [2025] FCA 752
| ADMINISTRATIVE LAW – where the applicant has sought compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) – where the applicant claims the Tribunal erred in its construction of s 7(2) and (3) of the SRC Act |
| Date: 9 Jul 2025 Judge: KENNETT J |
| PRACTICE AND PROCEDURE – application by the respondents for the proceeding to be dismissed pursuant to ss 37P(5) and/or (6)(a) of the Federal Court Act 1976 (Cth) and rr 5.23(1)(b) and 2(a) of the Federal Court Rules 2011 (Cth) – where there |
| Date: 4 Jul 2025 Judge: KENNETT J |
41. Ord Minnett Holdings Pty Limited v Theodorou [2025] FCA 721
| INDUSTRIAL LAW – application for leave to appeal and appeal from Federal Circuit and Family Court of Australia (Division 2) judgment – whether primary judge erred in finding that the respondent’s position fell within the terms of cl B6 of |
| Date: 2 Jul 2025 Judge: KENNETT J |
42. McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 699
| PRACTICE AND PROCEDURE – application for issue of arrest warrant – where summons was issued requiring attendance at examination – where examinee failed to attend examination – whether arrest warrant ought to be issued pursuant to r 11.10 of |
| Date: 27 Jun 2025 Judge: KENNETT J |
43. Rolfe v Pinnacle ACT Pty Ltd [2025] FCA 638
| PRACTICE AND PROCEDURE - pleadings – where the cross-respondents have not plead to certain allegations in their respective statements of cross-claim, relying on self-incrimination and penalty privilege – whether the cross-respondents have a bona |
| Date: 18 Jun 2025 Judge: KENNETT J |
44. North Shore Property Developments Pty Ltd (in liq) v Haddad (No 2) [2025] FCA 642
| CONTRACTS – where the applicants allege a deed of settlement and release was entered into in reliance on fraudulent misrepresentations made by the first respondent – whether fraudulent representations were made by the first respondent – |
| Date: 18 Jun 2025 Judge: KENNETT J |
45. SRGF v Comcare [2025] FCA 637
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – application for filing of additional submissions – application seeking recusal or referral of proceeding to the Chief Justice for consideration of whether it |
| Date: 17 Jun 2025 Judge: KENNETT J |
46. HBSY Pty Ltd v Lewis (Costs) [2025] FCAFC 80
| COSTS – where respondent successful in the appeal proceedings – where previous costs orders made |
| Date: 13 Jun 2025 Judge: MARKOVIC, DOWNES AND KENNETT JJ |
47. Luck v Secretary, Services Australia (Vexatious Proceedings Order) [2025] FCAFC 103
| HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (the Act) – where the appellant has a long and active career as a litigant in Australian courts and tribunals – |
| Date: 11 Jun 2025 Judge: ROFE, HESPE AND KENNETT JJ |
48. Hassan (formerly AFX21) v Minister for Home Affairs (Costs) [2025] FCAFC 69
| COSTS – where primary judge ordered by consent that the parties bear their own costs of a particular issue – where issue not raised on appeal – where unsuccessful appellant seeks order for the respondents to pay his costs of the issue incurred |
| Date: 20 May 2025 Judge: KATZMANN, THAWLEY AND KENNETT JJ |
49. Maysan Holdings Pty Ltd v National Disability Insurance Agency [2025] FCA 628
| ADMINISTRATIVE LAW – where applicant is a registered provider under the National Disability Insurance Scheme Act 2013 (Cth) (the NDIS Act) – where applicant seeks order setting aside respondent’s decision to place applicant on manual payment |
| Date: 16 May 2025 Judge: KENNETT J |
50. Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) [2025] FCAFC 66
| PRACTICE AND PROCEDURE – interlocutory application to reopen appeal after hearing of appeal and months after judgment had been reserved, to amend notice of appeal and to adduce further evidence to support additional grounds – where appellant |
| Date: 16 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
51. Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal) [2025] FCAFC 67
| DEFAMATION – where respondents published articles making imputations that appellant committed serious criminal offences including war crimes while fighting with Australian forces in Afghanistan – where imputations of appellant’s involvement in |
| Date: 16 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
52. Roberts-Smith v Fairfax Media Publications Pty Ltd (Admission of Recording) [2025] FCAFC 68
| EVIDENCE – where a recording was allegedly made without the consent of both parties and was alleged to reveal a miscarriage of justice in the proceedings – whether the probative value of the recording is substantially outweighed by the danger |
| Date: 1 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
