Browse Federal Court JudgmentsBy Judge - Logan J |
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(Logan
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1. Merchant v Commissioner of Taxation [2025] FCAFC 56
| TAXATION – schemes to reduce tax pursuant to Part IVA of the Income Tax Assessment Act 1936 (Cth) – where vendor incurs a substantial capital loss on related party share sale but there is no effective alteration of control – whether primary |
| Date: 22 Apr 2025 Judge: LOGAN, MCELWAINE AND HESPE JJ |
2. Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2025] FCAFC 45
| INDUSTRIAL LAW –– whether rostered stand-by duty is “work” under Air Pilots Award – whether rostered stand-by duty is paid work – whether Air Pilots Award provides for averaging of hours of work – whether authorised leave should be |
| Date: 4 Apr 2025 Judge: LOGAN, DOWLING AND MCDONALD JJ |
| COMMUNICATIONS LAW – determining penalties where respondents admitted contravening the Do Not Call Register Act 2006 (Cth) – whether to impose a penalty in circumstance where by earlier judgment, the Court had concluded that its directing mind |
| Date: 31 Mar 2025 Judge: LOGAN J |
4. S.N.A Group Pty Ltd v Commissioner of Taxation (No 2) [2025] FCA 281
| COSTS – where the applicants seek cost orders under r 40.02 and r 25.15(3) of the Federal Court Rules 2011 (Cth) for indemnity costs where the applicant received a judgment more favourable than an offer made by the applicants – whether a |
| Date: 21 Mar 2025 Judge: LOGAN J |
5. S.N.A Group Pty Ltd v Commissioner of Taxation [2025] FCA 240
| TAXATION – appeal against an objection decision of the Commissioner of Taxation – whether deductions claimed under s 8-1 of the Income Assessment Act 1997 (Cth) were allowable – whether owners and controllers of entities in a corporate group |
| Date: 21 Mar 2025 Judge: LOGAN J |
6. JML Rose Pty Ltd v Jorgensen (No 2) [2025] FCA 282
| BANKRUPTCY – where applicant applies for review of a sequestration order of a registrar made ex parte – whether court must conduct hearing de novo – whether s 52(1) of the Bankruptcy Act 1966 (Cth) is satisfied – whether court should look |
| Date: 20 Mar 2025 Judge: LOGAN J |
7. Appello Pty Ltd v Heyward [2025] FCA 190
| EVIDENCE and DAMAGES –appeal from the Federal Circuit and Family Court of Australia (Division 2) – whether the inference that a witness is adverse to a case if they are not called can be made per the rule in Jones v Dunkel – whether case was a |
| Date: 14 Mar 2025 Judge: LOGAN J |
8. 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 |
9. Frigger v Trenfield (No 10) [2025] FCA 164
| COSTS – whether r 39.05(h) of the Federal Court Rules 2011 (Cth) (Rules) can apply to an error of a costs order made by the Court - whether r 39.05(h) of the Rules can apply to a proceeding where counsel failed to seek an order which required |
| Date: 5 Mar 2025 Judge: LOGAN J |
10. Mining and Energy Union v OS ACPM Pty Ltd [2025] FCA 200
| INDUSTRIAL LAW– where the applicant applies for declarations regarding the Black Coal Mining Industry Award 2020 and the Black Coal Mining Industry Award 2010 – whether to admit hearsay evidence that is not objected to – whether the term “on |
| Date: 4 Mar 2025 Judge: LOGAN J |
11. Commissioner of Taxation v Bendel [2025] FCAFC 15
| TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of |
| Date: 19 Feb 2025 Judge: LOGAN, HESPE AND NESKOVCIN JJ |
12. Commissioner of Taxation v Hatfield Plumbing Pty Ltd (Trustee) [2025] FCA 182
| INDUSTRIAL LAW – where the applicant applies from a decision of the Administrative Appeals Tribunal – where the issue is whether a person was an employee under s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) – whether |
| Date: 14 Feb 2025 Judge: LOGAN J |
13. Comcare v DSLB [2025] FCAFC 13
| WORKERS COMPENSATION - appeal from decision of primary judge - construction of s 62 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether Comcare had power on its own motion to reconsider determination that was previously revoked |
| Date: 14 Feb 2025 Judge: LOGAN, PERRY AND HORAN JJ |
14. Rusanov v Commissioner of Taxation [2025] FCAFC 11
| Date: 12 Feb 2025 Judge: LOGAN, PERRY AND WHEATLEY JJ |
15. McEwan v Official Trustee in Bankruptcy [2025] FCA 162
| BANKRUPTCY AND INSOLVENCY – whether a notice of objection to discharge was invalid – whether a notice of objection to discharge is without utility in the administration of the bankrupt’s estate – whether the conduct of the trustees |
| Date: 11 Feb 2025 Judge: LOGAN J |
16. Toowoomba Regional Council v Commissioner of Taxation [2025] FCA 161
| TAXATION – Fringe Benefits Tax – appeal against private ruling of the Commissioner of Taxation – whether a car park facility is a “commercial parking station” under s 136 and s 39A of the Fringe Benefits Tax Assessment Act 1986 (Cth) (the |
| Date: 6 Feb 2025 Judge: LOGAN J |
17. Frigger v Trenfield (No 9) [2024] FCA 1486
| COSTS - where an originating application for setting aside of sequestration orders and the annulment of bankruptcies on the basis of fraud entirely unsuccessful - where the respondents applied for costs and the respondent petitioning creditor sought |
| Date: 13 Dec 2024 Judge: LOGAN J |
18. Frigger v Trenfield (No 8) [2024] FCA 1438
| BANKRUPTCY AND INSOLVENCY - where the applicants apply to set aside sequestration orders made against them in 2018 on the basis of fraud and, in the alternative, that their bankruptcies be annulled - where the applicants' allegations of fraud are |
| Date: 13 Dec 2024 Judge: LOGAN J |
19. Gamanga v Minister for Immigration and Multicultural Affairs [2024] FCA 1493
| MIGRATION - where the applicant applies for judicial review of the respondent Minister's decision to cancel the applicant's visa under s 501BA of the Migration Act 1958 (Cth) (the Act) after a decision to revoke a cancellation of the visa by the |
| Date: 6 Dec 2024 Judge: LOGAN J |
20. EUD24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1474
| MIGRATION - where the applicant applies for judicial review of the respondent Minister's decision to cancel the applicant's visa under s 501BA of the Migration Act 1958 (Cth) after a decision to revoke a cancellation of the visa by the then |
| Date: 5 Dec 2024 Judge: LOGAN J |
21. JML Rose Pty Ltd v Jorgensen [2024] FCA 1421
| PRACTICE AND PROCEDURE - where the respondent debtor makes an application in relation to a registrar's decision to issue sequestration orders - where the application seeks a stay of the sequestration orders - where the underlying judgment debt was |
| Date: 29 Nov 2024 Judge: LOGAN J |
22. Cheung v Commissioner of Taxation [2024] FCA 1370
| INCOME TAX - where the applicant taxpayer received some $33 million in receipts from bank accounts in Vanuatu between the 2005 and 2015 income years - where the applicant's sister, and her wider family, owned a successful supermarket business in |
| Date: 29 Nov 2024 Judge: LOGAN J |
23. DSDJ v Secretary, Department of Social Services [2024] FCA 1420
| SOCIAL SECURITY - where the applicant appeals from a decision by the then Administrative Appeals Tribunal to affirm a decision by the respondent Secretary to cancel the applicant's disability support pension under s 81 of the Social Security |
| Date: 28 Nov 2024 Judge: LOGAN J |
24. Singh v Minister for Government Services [2024] FCAFC 159
| ADMINISTRATIVE LAW - where the appellant appeals from a dismissal of a judicial review application under s 39 of the Judiciary Act 1903 (Cth) at first instance - where the appellant had unsuccessfully applied for compensation under the Scheme for |
| Date: 21 Nov 2024 Judge: LOGAN, CHARLESWORTH AND DOWLING JJ |
25. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147
| COSTS - whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) - where the successful appeal and remittal for re-trial are the result of judicial error - where the respondent is an individual |
| Date: 14 Nov 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
26. Atanaskovic Hartnell Corporate Services Pty Limited v Kelly [2024] FCAFC 137
| HIGH COURT AND FEDERAL COURT - where the appellants appeal from decisions of the Federal Circuit Court of Australia (as it then was) (Circuit Court) that found a long-serving employee of the first appellant (the respondent) was entitled to damages |
| Date: 31 Oct 2024 Judge: COLLIER, LOGAN AND GOODMAN JJ |
27. Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2024] FCA 1225
| PRACTICE AND PROCEDURE - where Qantas Airways Ltd (Qantas) applied pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) to intervene in an industrial appeal from the South Australian Employment Court (the appeal) - where the appeal concerned, in |
| Date: 18 Oct 2024 Judge: LOGAN J |
28. Combis (Trustee) v Geason (No 2) [2024] FCA 1224
| BANKRUPTCY AND INSOLVENCY - where the applicant trustee applies for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) for an order for the distribution of dividends where the bankrupt has not filed a statement of affairs (SoA) - where |
| Date: 14 Oct 2024 Judge: LOGAN J |
29. Electoral Commissioner of the Australian Electoral Commission v Laming [2024] FCAFC 109
| ELECTIONS - where the primary judge held that three posts on a Facebook page were electoral matter published in contravention of s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) in that they failed to disclose the name and relevant town or |
| Date: 23 Aug 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
30. Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2024] FCA 928
| PRACTICE AND PROCEDURE - where the Australian Securities and Investments Commission (the Commission) seeks leave to appeal from an interlocutory recusal order at first instance - where Sunshine Loans Pty Ltd (SunshineLoans) appeals or alternatively |
| Date: 6 Aug 2024 Judge: LOGAN J |
31. Hallam v Tancred [2024] FCA 837
| INDUSTRIAL LAW - appeal from Federal Circuit and Family Court of Australia (Division 2) (Circuit Court) - where the primary judge found that the Respondents were employees of the applicant - whether leave to appeal required - ss 4, 24 of the Federal |
| Date: 31 Jul 2024 Judge: LOGAN J |
32. AusNet Services Ltd v Commissioner of Taxation [2024] FCA 839
| Date: 25 Jul 2024 Judge: LOGAN J |
33. Combis (Trustee) v Geason [2024] FCA 844
| PRACTICE AND PROCEDURE - application under s 146 of the Bankruptcy Act 1966 (Cth) for distribution of estate notwithstanding failure to file statement of affairs under s 54(1) - ss 54(1), 146 Bankruptcy Act - where statement of affairs allegedly not |
| Date: 24 Jul 2024 Judge: LOGAN J |
34. Maroon v Aquamore Credit Equity Pty Ltd [2024] FCA 846
| PRACTICE AND PROCEDURE -want of prosecution - where show cause order made - where appellant failed to comply with directions or orders of the Court - where appellant failed to appear - s 37M of the Federal Court of Australia Act 1976 (Cth) - |
| Date: 24 Jul 2024 Judge: LOGAN J |
35. Burns v Chief of the Defence Force [2024] FCA 781
| DEFENCE AND WAR - where the Applicants apply for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) of decisions of the Respondent (CDF) to terminate their service with the Royal Australian Air Force pursuant to s |
| Date: 18 Jul 2024 Judge: LOGAN J |
36. Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96
| COSTS - where the appellant appeals from a decision of a single judge of this Court to affirm a registrar's sequestration order against the appellant - where the appellant discontinued the appeal the day before the hearing and was deemed to have |
| Date: 16 Jul 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
| PRACTICE AND PROCEDURE - application for leave to amend defence - r 16.53 Federal Court Rules 2011 (Cth) - where application involves leave to withdraw an admission - principles of amendment of pleadings - s 37M Federal Court of Australia Act 1976 |
| Date: 16 Jul 2024 Judge: LOGAN J |
38. Maguire v Commissioner of Taxation [2024] FCA 761
| INCOME TAX - where the applicant appeals from objection decisions of the respondent Commissioner of Taxation in respect of amended assessments based on determinations under s 177EA of the Income Tax Assessment Act 1936 (Cth) that deny the applicant |
| Date: 8 Jul 2024 Judge: LOGAN J |
39. Brooks v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2024] FCA 725
| ADMINISTRATIVE LAW - where the applicant applied to the respondent for redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) - where the respondent refused the application, refused an application for internal |
| Date: 5 Jul 2024 Judge: LOGAN J |
40. Quy v Commissioner of Taxation (No 3) [2024] FCA 726
| INCOME TAX - where applicant appeals from a decision of the Administrative Appeals Tribunal (the Tribunal) to affirm an objection decision of the respondent Commissioner of Taxation concerning whether the applicant, for income tax purposes under the |
| Date: 28 Jun 2024 Judge: LOGAN J |
41. Kilgour v Commissioner of Taxation [2024] FCA 687
| TAXATION - where the applicants appeal from objection decisions made by the respondent Commissioner concerning the inclusion in their taxable income of the capital gain proceeds from the sale of shares in a company, Punters Paradise Pty Ltd (Punters) |
| Date: 26 Jun 2024 Judge: LOGAN J |
42. Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 739
| COSTS - where the respondent trustee in bankruptcy successfully defended an appeal to this Court against findings made by the Federal Circuit and Family Court of Australia (Circuit Court) that he was entitled to a share in the proceeds from real |
| Date: 25 Jun 2024 Judge: LOGAN J |
43. Quy v Commissioner of Taxation (No 2) [2024] FCA 682
| PRACTICE AND PROCEDURE - where the applicant applies for an adjournment of a final hearing listed for one day in less than two weeks' time - where the taxation appeal from the Administrative Appeals Tribunal (Tribunal) concerns whether there was an |
| Date: 24 Jun 2024 Judge: LOGAN J |
44. Sherman v Lamb (No 2) [2024] FCA 689
| BANKRUPTCY AND INSOLVENCY - where the trustee of the bankrupt estate applies for orders under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) for a production order akin to the trustee's power under s 77A of the Act - where the orders are directed |
| Date: 21 Jun 2024 Judge: LOGAN J |
45. Ierna v Commissioner of Taxation (No 2) [2024] FCA 670
| COSTS - where the applicants were wholly successful in the tax appeals - where the applicant had made what were said to be offers of compromise under the Federal Court Rules 2011 - where the respondent Commissioner consented to the awarding of |
| Date: 17 Jun 2024 Judge: LOGAN J |
46. Ierna v Commissioner of Taxation [2024] FCA 592
| INCOME TAX - where the applicants appeal against objection decisions made by the respondent (Commissioner) in relation to assessments for the 2016 income year made under the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) - where the applicants |
| Date: 6 Jun 2024 Judge: LOGAN J |
47. Fortescue Ltd v Element Zero Pty Ltd [2024] FCA 590
| PRACTICE AND PROCEDURE - where the applicants had successfully applied for, and executed, Anton Piller search orders - where hearing was first return date after the execution of the search orders - where proceedings had, necessarily, been heavily |
| Date: 30 May 2024 Judge: LOGAN J |
48. Canview Pty Ltd v Gilmore [2024] FCA 586
| PRACTICE AND PROCEDURE - where the applicant applies for leave to appeal from interlocutory orders made granting interlocutory injunctive relief and a related stay on the operation of those orders - where there are related proceedings in the Supreme |
| Date: 27 May 2024 Judge: LOGAN J |
| INDUSTRIAL LAW - where the applicant applies for declaratory relief, pecuniary penalties and compensation against the respondent union and its officials - where the applicant is a joint venturer in a major state infrastructure project to construct a |
| Date: 23 May 2024 Judge: LOGAN J |
50. B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 528
| INDUSTRIAL LAW - where the applicant applies for declaratory relief, pecuniary penalties and compensation against the respondent union and its officials - where the applicant is a joint venturer in a major state infrastructure project to construct a |
| Date: 15 May 2024 Judge: LOGAN J |
51. Liang v Commissioner of Taxation [2024] FCA 535
| INCOME TAX - where the applicants appeal a decision of the Administrative Appeals Tribunal (the Tribunal) to affirm an objection decision made by the Commissioner - where a property trust controlled by the applicants, through a corporate trustee, |
| Date: 14 May 2024 Judge: LOGAN J |
52. McMillan v Warner as trustee in the bankruptcy of McMillan [2024] FCA 525
| COSTS - where the successful appellant applies to have its costs fixed in a lump sum by a registrar in the first instance - where the respondent seeks that costs be fixed by a judge - where the appeal and its conduct was unexceptional - whether |
| Date: 10 May 2024 Judge: LOGAN J |
53. Quy v Commissioner of Taxation [2024] FCA 524
| PRACTICE AND PROCEDURE - where the applicant appeals from a decision from the Administrative Appeals Tribunal (Tribunal) to affirm the decision of the respondent to reject the applicant's objections to the assessment of his taxation liability - |
| Date: 9 May 2024 Judge: LOGAN J |
54. Currie v SPS Energy (Sunshine Coast) Pty Ltd [2024] FCA 478
| PRACTICE AND PROCEDURE - where the respondent allegedly installed a solar panel system, including a battery, on the applicant's property in Queensland - where a fire allegedly resulted from the respondent's installation of the system - where the |
| Date: 2 May 2024 Judge: LOGAN J |
55. Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 454
| BANKRUPTCY AND INSOLVENCY - where the appellant appeals from a decision of the Federal Circuit Court of Australia (Circuit Court), as it then was, concerning the interest of a bankrupt in real property jointly owned by her and the bankrupt - where |
| Date: 2 May 2024 Judge: LOGAN J |
56. General Manager of the Fair Work Commission v Smyth [2024] FCA 304
| INDUSTRIAL LAW - where the applicant applies for declarations of contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) (FWRO Act) and civil penalties against the respondent, in his capacity as President of the Queensland District |
| Date: 28 Mar 2024 Judge: LOGAN J |
57. Meagher and Cronan (Trustee), in the matter of Laguzza (Bankrupt) v Laguzza [2024] FCA 314
| BANKRUPTCY AND INSOLVENCY - where the trustees of a bankrupt estate make an application for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) to proceed with the distribution of dividends - where the bankrupt has not filed a statement |
| Date: 26 Mar 2024 Judge: LOGAN J |
58. Malone v B &
| PRACTICE AND PROCEDURE - where the applicants seek a stay of the orders of the primary judge pending the determination of an application for leave to appeal and, thereafter, an appeal - where the controversy involves monies paid into Court relating |
| Date: 18 Mar 2024 Judge: LOGAN J |
59. Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2024] FCA 259
| INDUSTRIAL LAW - where the appellant appeals against a decision of the Federal Circuit and Family Court of Australia (Division 2) concerning contravention of both s 501 and s 502 of the Fair Work Act 2009 (Cth) (the Act) - where, on 17 August 2021, |
| Date: 12 Mar 2024 Judge: LOGAN J |
60. Ogawa v Australian Information Commissioner (No 3) [2024] FCA 135
| PRACTICE & PROCEDURE - where the applicant was ordered to pay the first respondents costs, either as agreed or to be fixed in a lump sum by a Registrar - where the applicant informally applies for the review of a Registrar's costs decision - where |
| Date: 22 Feb 2024 Judge: LOGAN J |
61. Kelly v Corporation of the Synod of the Diocese of Brisbane (No 2) [2024] FCA 91
| COSTS - where the applicant applied for an extension of time under s 370 of the Fair Work Act 2009 (Cth) (FWA) to commence a general protections court proceeding - where the application for an extension of time was dismissed in Kelly v Corporation |
| Date: 16 Feb 2024 Judge: LOGAN J |
| HUMAN RIGHTS - where the applicant commenced proceedings under the Australian Human Rights Commission Act 1986 (Cth) for alleged disability discrimination, contrary to s 24 of the Disability Discrimination Act 1992 (Cth) - where the applicant was |
| Date: 14 Feb 2024 Judge: LOGAN J |
63. Child Support Registrar v CMU23 [2024] FCA 109
| FAMILY LAW AND CHILD WELFARE - where the applicant appealed against a decision of the Administrative Appeals Tribunal (Tribunal) which affirmed a decision of the Child Support Registrar (Registrar) for an alleged error of law - where s 53 of the |
| Date: 1 Feb 2024 Judge: LOGAN J |
64. Wilson v State of Victoria [2023] FCAFC 204
| PRACTICE AND PROCEDURE -- application for leave to appeal from summary judgment - application for extension of time within which to seek leave to appeal - where before the primary judge the applicants alleged invalidity of measures relating to the |
| Date: 22 Dec 2023 Judge: LOGAN, PERRY AND O'SULLIVAN JJ |
65. Deputy Commissioner of Taxation v Raptis (No 2) [2023] FCA 1683
| PRACTICE AND PROCEDURE - where parties seek variation to orders by consent - where it was submitted that one respondent was not responsive to proceedings and has not provided consent to the variation (non-consenting respondent) - where applicant was |
| Date: 14 Dec 2023 Judge: LOGAN J |
66. BBK17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1668
| MIGRATION - appeal of a judicial review decision by the Federal Circuit and Family Court of Australia (Division 2) (Circuit Court) of a Minister's decision not grant the applicant a Safe Haven Enterprise visa, affirming the decision of the |
| Date: 1 Dec 2023 Judge: LOGAN J |
67. DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1679
| MIGRATION - where the appellant arrived in Australia without a visa - where the Minister denies the appellant a safe haven enterprise visa - where the appellant seeks review of the Minister's decision by the Immigration Assessment Authority |
| Date: 28 Nov 2023 Judge: LOGAN J |
68. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206
| MIGRATION - where the appellant appeals the dismissal of an application for the judicial review of a decision by a delegate of the Minister to cancel the appellant's refugee visa under s 501(3A) of the Migration Act 1958 (the Act) after being |
| Date: 27 Nov 2023 Judge: LOGAN, SNADEN AND HESPE JJ |
| MIGRATION - where two children, by their mother as litigation representative, appeal a decision by the Federal Circuit Court of Australia (Circuit Court) to dismiss a review application of the Minister's delegate's decision, later affirmed by the |
| Date: 22 Nov 2023 Judge: LOGAN J |
| MIGRATION - where the applicant applied for the judicial review by the Court, in its original jurisdiction, of a decision of the Administrative Appeals Tribunal (Tribunal) which affirmed a decision by the Minister's delegate not to revoke the |
| Date: 13 Nov 2023 Judge: LOGAN J |
| INDUSTRIAL LAW - where the applicant, the Coal Mining Industry (Long Service Leave Funding) Corporation (corporation) instituted proceeding against the respondent for alleged contraventions of s 5(1) and s 10(1) of the Coal Mining Industry (Long |
| Date: 9 Nov 2023 Judge: LOGAN J |
72. Kurschinsky v Queensland Law Society [2023] FCA 1682
| PRACTICE AND PROCEDURE - where a creditor's petition is filed in the Federal Circuit and Family Court of Australia (Division 2) (Circuit Court) following an earlier, ancillary, determination by a registrar of the Federal Court of Australia (this |
| Date: 8 Nov 2023 Judge: LOGAN J |
73. Larmar Services Pty Ltd v Commissioner of Taxation [2023] FCA 1366
| PRACTICE AND PROCEDURE - slip rule - where an order is made by the Court in error - where the parties raised the error with the Court jointly by letter - where under r 39.05 of the Federal Court Rules 2011 (Cth) the Court may vary or set aside an |
| Date: 7 Nov 2023 Judge: LOGAN J |
74. Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel &
| PRACTICE AND PROCEDURE - interim decision - where the applicant seeks leave to file an amended statement of claim and related joinder - where the respondent files an application for summary judgment under s 31A of the Federal Court of Australia Act |
| Date: 3 Nov 2023 Judge: LOGAN J |
| MIGRATION - Migration Act 1958 (Cth) - where Administrative Appeals Tribunal affirmed the Minister's decision not to revoke cancellation of visa - where primary judge found no jurisdictional error - whether the Tribunal overlooked "health" issue |
| Date: 1 Nov 2023 Judge: LOGAN, RANGIAH AND MARKOVIC JJ |
76. Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172
| INDUSTRIAL LAW - Enterprise Agreements - appeal by two teachers (school employees) against decision to dismiss an application for back pay for increases to their pay and entitlements under an enterprise agreement commencing during their employment |
| Date: 30 Oct 2023 Judge: COLLIER, LOGAN AND MEAGHER JJ |
77. Widdup v Deputy Commissioner of Taxation [2023] FCAFC 145
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory order - moneys paid into court to discharge freezing orders - application that moneys be paid out of court - allegation of material non-disclosure upon ex parte application for |
| Date: 24 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE J |
78. Clifford v Tax Practitioners Board [2023] FCA 1256
| TAXATION - application for interlocutory relief to stay a decision by the Administrative Appeals Tribunal (Tribunal) to terminate the applicant's registration as a tax agent and prohibit the applicant from applying for registration as a tax agent |
| Date: 18 Aug 2023 Judge: LOGAN J |
79. Fulton v Chief of Defence Force [2023] FCAFC 134
| DEFENCE AND WAR - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - officer's retention considered not to be in the interests of the Defence Force - whether |
| Date: 18 Aug 2023 Judge: LOGAN, SARAH C DERRINGTON, STEWART JJ |
| ADMINISTRATIVE LAW - Citizenship - appeal from declaration of primary judge of this Court - where primary judge declared that Australian-born child of foreign nationals had been an Australian citizen since his 10th birthday by reason of s 12(1)(b) |
| Date: 15 Aug 2023 Judge: LOGAN, BURLEY AND MCEVOY JJ |
81. Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165
| PRACTICE AND PROCEDURE - application for leave to appeal two interlocutory applications - where the Federal Circuit and Family Court dismissed an application to further amend the statement of claim and application for discovery - where the draft |
| Date: 15 Aug 2023 Judge: LOGAN, MEAGHER AND MCEVOY JJ |
82. Chen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1028
| Date: 11 Aug 2023 Judge: LOGAN J |
83. Automotive Invest Pty Limited v Commissioner of Taxation [2023] FCAFC 129
| TAXATION - luxury car tax - goods and services tax - appeal from decision of primary judge which held that cars were used and intended to be used for a purpose in addition to being held as trading stock - where cars exhibited in "Gosford Classic Car |
| Date: 11 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE JJ |
| MIGRATION - application for extension of time to review Administrative Appeals Tribunal (Tribunal) decision to affirm the Minister's decision not to revoke the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) (the Act) - whether |
| Date: 31 Jul 2023 Judge: LOGAN J |
| MIGRATION - Migration Act 1958 (Cth) - where Administrative Appeals Tribunal affirmed the Minister's decision not to revoke cancellation of visa - where primary judge found no jurisdictional error - whether the Tribunal overlooked "health" issue |
| Date: 26 Jul 2023 Judge: LOGAN, RANGIAH AND GOODMAN JJ |
86. Sherrin Rentals Pty Ltd, in the matter of Herbert v Herbert [2023] FCA 1323
| BANKRUPTCY - where a judgment debtor seeks review of a sequestration order of a registrar of the Federal Court of Australia - where the review is de novo on evidence and law - where it is for the petitioning creditor to discharge the onus of proof |
| Date: 25 Jul 2023 Judge: LOGAN J |
| INDUSTRIAL LAW - where the respondent employer was found liable for contravention of s 50 of the Fair Work Act 2009 (FWA) by contravening a dispute resolution clause in the enterprise agreement - where the applicant seeks declaratory relief, |
| Date: 20 Jul 2023 Judge: LOGAN J |
88. Burns v Chief of the Defence Force (No 2) [2023] FCA 866
| ADMINISTRATIVE LAW - four members of the Australian Defence Force (ADF) sought judicial review of decisions by respondent's delegate to issue notices of early termination of service under reg 24(1)(c) of the Defence Force Regulations 2016 (Cth) |
| Date: 17 Jul 2023 Judge: LOGAN J |
89. ZXXZ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 855
| Date: 14 Jul 2023 Judge: LOGAN J |
90. Hedges v Commissioner of Taxation [2023] FCAFC 105
| TAXATION - appeal from decision of primary judge dismissing appeal from decision of Administrative Appeals Tribunal - where taxpayer is retired partner of a law firm - whether appellant was entitled to receive capital proceeds from disposal of |
| Date: 12 Jul 2023 Judge: LOGAN, GOODMAN AND HESPE JJ |
91. Gulliver v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2023] FCA 823
| INDUSTRIAL LAW - Enterprise Agreements - contraventions of requirements of Enterprise Agreements - where applicant seeks declaration that her employer contravened s 50 of the Fair Work Act 2009 (Cth) (FWA) by terminating her employment during a |
| Date: 7 Jul 2023 Judge: LOGAN J |
92. Blu Logistics SA Pty Ltd v Flogineering Pty Ltd [2023] FCAFC 103
| CONSUMER LAW - appeal from award of compensation under s 236(1) of Australian Consumer Law (ACL) in Competition and Consumer Act 2010 (Cth) Sch 2 - where primary judge in separate hearing made declarations that conduct conveyed a misrepresentation |
| Date: 4 Jul 2023 Judge: RARES, COLLIER AND LOGAN JJ |
93. Ierna Beneficiary Pty Ltd v Commissioner of Taxation [2023] FCA 725
| TAXATION - where Commissioner amended income tax assessments for applicants based on application of Div 7A to the extinguishment of loans payable - where Dissh Pty Ltd was further issued an amended assessment of income tax reducing the carried |
| Date: 30 Jun 2023 Judge: LOGAN J |
94. Bechtel Australia Pty Ltd v Commissioner of Taxation [2023] FCA 676
| TAXATION - Fringe benefits tax - deductibility of travel expenses for 'fly in, fly out' (FIFO) employees - whether travel expenses incurred to and from work, before and after the employee began and finished their duties is travel in the course of |
| Date: 22 Jun 2023 Judge: LOGAN J |
| MIGRATION - where the visa applicant, a citizen of Fiji, held a permanent residency visa as a dependent of his father who held a business visa - where the visa applicant, now an adult, left Australia on a short visit to Fiji - where the Minister's |
| Date: 16 Jun 2023 Judge: LOGAN, SARAH C DERRINGTON AND ANDERSON JJ |
96. Langton v Eco-Growth International Pty Ltd [2023] FCA 743
| PRACTICE AND PROCEDURE - where the applicant files an originating application under Fair Work Act 2009 (Cth) (Fair Work Act) alleging contravention of a general protection but seeks relief under ss 1317AE, 1317G and s 233 of Corporations Act 2011 |
| Date: 5 Jun 2023 Judge: LOGAN J |
97. Burns v Chief of the Defence Force [2023] FCA 579
| PRACTICE AND PROCEDURE - application for joinder to existing application under Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) by different applicants aggrieved by different type of decision having its source in different |
| Date: 29 May 2023 Judge: LOGAN J |
98. Chopra v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 843
| MIGRATION - where appellant seeks extension of time within which to seek leave to appeal against interlocutory order of the Federal Circuit Court dismissing his application for judicial review of decision made by Administrative Appeal Tribunal |
| Date: 24 May 2023 Judge: LOGAN J |
99. Rewha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 748
| MIGRATION - where the applicant seeks review of decision by Administrative Appeals Tribunal (Tribunal) to affirm the Minister's decision not to revoke visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) (the Act) - where the applicant |
| Date: 19 May 2023 Judge: LOGAN J |
100. Frigger v Trenfield (No 7) [2023] FCA 654
| BANKRUPTCY - whether the bankrupt applicants should be granted leave to file an amended originating application to annual bankruptcy on the grounds the sequestration order was obtained by fraud - where there is a disjunct between asserted supporting |
| Date: 18 May 2023 Judge: LOGAN J |
