Browse Federal Court JudgmentsBy Judge - Markovic J |
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(Markovic
J)
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1. Karpik v Carnival plc (The Ruby Princess) [2025] FCAFC 96
| CONSUMER LAW – cross-appeal – purpose guarantee in s 61(1) and result guarantee in s 61(2) of the Australian Consumer Law (ACL) – alleged error in finding that purpose and result of acquiring services was to have a “safe, relaxing and |
| Date: 29 Jul 2025 Judge: MARKOVIC, SARAH C DERRINGTON AND JACKSON JJ |
2. Clark v National Australia Bank Limited [2025] FCA 627
| PRACTICE AND PROCEDURE – interlocutory application for summary dismissal or strike out of the whole of the amended statement of claim – whether pleaded causes of action are statute barred – whether pleading discloses reasonable cause of action |
| Date: 27 Jun 2025 Judge: MARKOVIC J |
3. Monarch Advisory Group Pty Ltd (in liquidation) v Puxty (Costs) [2025] FCA 697
| COSTS – application for costs to be paid on an indemnity basis – where applicant had partial success at trial – where cross-claimants had partial success at trial – where offer of compromise and Calderbank offer made – whether offeror |
| Date: 26 Jun 2025 Judge: MARKOVIC J |
4. Wu v Registrar Donovan [2025] FCA 647
| ADMINISTRATIVE LAW – application for judicial review of Registrar’s decision to refuse to accept a document for filing – document an abuse of process or is frivolous or vexatious on its face – no grounds for review established – |
| Date: 18 Jun 2025 Judge: MARKOVIC J |
5. 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 |
| COSTS – application for stay of costs orders – whether the assessment of costs should be stayed pending outcome of appeal – whether balance of convenience favours granting a stay of the costs orders – where no hearing date(s) allocated to |
| Date: 5 Jun 2025 Judge: MARKOVIC J |
7. Trafford-Jones v Liu, in the matter of the bankrupt estate of Liu (No 2) [2025] FCA 589
| PRACTICE AND PROCEDURE – application for review of registrar’s decision to issue order for production – application to vary terms of order for production – where order for production issued in aid of exercise of the powers under s 81 of the |
| Date: 5 Jun 2025 Judge: MARKOVIC J |
8. Martin v Hillier [2025] FCA 567
| PRACTICE AND PROCEDURE – application for leave to appeal – recusal application – application to reopen application for leave to appeal and recusal application after judgment reserved – applications dismissed – leave to appeal refused |
| Date: 2 Jun 2025 Judge: MARKOVIC J |
9. Australian Securities and Investments Commission v BPS Financial Pty Ltd [2025] FCAFC 74
| CORPORATIONS – respondent carried on a financial services business within the meaning of Pt 7.6 of the Corporations Act 2001 (Cth) (Act) by issuing a facility for non-cash payments involving the “Qoin” digital currency or crypto-asset – |
| Date: 30 May 2025 Judge: COLLIER, MARKOVIC AND SHARIFF JJ |
10. Australian Securities and Investments Commission v ASX Limited [2025] FCA 552
| PRIVILEGE – application challenging claim of legal professional privilege – dominant purpose test – whether conduct inconsistent with maintenance of confidentiality – implied waiver – application dismissed |
| Date: 27 May 2025 Judge: MARKOVIC J |
11. Monarch Advisory Group Pty Ltd v Puxty (No 4) [2025] FCA 534
| INDUSTRIAL LAW – employment agreements – whether consent given to breach post-employment restraint – whether post-employment restraint reasonable, valid and enforceable – where no consent established – where post-employment restraint |
| Date: 23 May 2025 Judge: MARKOVIC J |
| PRACTICE AND PROCEDURE – application for summary dismissal of proceeding as against first defendant – whether any final relief sought as against the first defendant – where pleadings disclose no reasonable cause of action as against first |
| Date: 20 May 2025 Judge: MARKOVIC J |
13. McCabe (liquidator), in the matter of Sargon Capital Pty Limited v D’Souza [2025] FCA 620
| PRACTICE AND PROCEDURE – service of originating process and supplementary documents outside Australia – application for substituted service – application granted |
| Date: 15 May 2025 Judge: MARKOVIC J |
14. Mahommed v Cox [2025] FCA 469
| BANKRUPTCY AND INSOLVENCY – appeal from decision of primary judge to dismiss application for review of registrar’s decision to dismiss an application to set aside a bankruptcy notice – whether appellant has a counter-claim, set-off or cross |
| Date: 14 May 2025 Judge: MARKOVIC J |
15. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 10) [2025] FCA 439
| PRACTICE AND PROCEDURE – application for a stay pending determination of separate proceeding – where no evidence as to when separate proceeding may be commenced – application for further adjournment of hearing of interlocutory application – |
| Date: 28 Apr 2025 Judge: MARKOVIC J |
16. Fleming v Calpis [2025] FCA 347
| BANKRUPTCY AND INSOLVENCY – creditor’s petition – failure to comply with bankruptcy notice founded on a judgment debt after a contested hearing – whether there is, in truth and reality, a debt owing to the petitioning creditor – whether |
| Date: 10 Apr 2025 Judge: MARKOVIC J |
17. 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 |
18. Kraft v BPR Audit Pty Ltd [2025] FCA 422
| REPRESENTATIVE PROCEEDINGS – application for approval of conditional settlement and distribution of funds under that settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether conditional settlement is fair and |
| Date: 1 Apr 2025 Judge: MARKOVIC J |
19. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 9) [2025] FCA 275
| PRACTICE AND PROCEDURE – application to set aside or stay orders – whether failure to act in accordance with orders – construction of orders – application dismissed |
| Date: 28 Mar 2025 Judge: MARKOVIC J |
20. Xie v Moshav Financial Wholesale Pty Ltd [2025] FCA 250
| CORPORATIONS – where representative of a holder of an Australian financial services licence (“licensee”) alleged to have contravened provisions in the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth) |
| Date: 26 Mar 2025 Judge: MARKOVIC J |
21. PlayUp Limited v Mintas (No 3) [2025] FCA 331
| PRACTICE AND PROCEDURE – application to dismiss proceeding for failure to provide security in accordance with orders – orders made by consent dismissing the proceeding – application to stay orders – stay sought pending future payments of |
| Date: 25 Mar 2025 Judge: MARKOVIC J |
| COSTS - application for costs to be paid on an indemnity basis - application for stay of costs order pending appeal - whether applicant's rejection of a Calderbank offer was unreasonable - where costs awarded on party and party basis - where |
| Date: 26 Feb 2025 Judge: MARKOVIC J |
23. AAI Limited v The Owners - Strata Plan No 91086 [2025] FCAFC 6
| PRACTICE AND PROCEDURE - application for leave to appeal from an order made under r 9.05 of the Federal Court Rules 2011 (Cth) joining the applicant insurer as a respondent - operation of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 |
| Date: 4 Feb 2025 Judge: MARKOVIC, HALLEY AND GOODMAN JJ |
24. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 8) [2025] FCA 20
| PRACTICE AND PROCEDURE - consent orders giving effect to judgment - construction of orders - applications dismissed |
| Date: 28 Jan 2025 Judge: MARKOVIC J |
25. Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1
| CONTEMPT OF COURT - enforcement of contempt where orders not complied with by contemnor were not endorsed - principles for assessment of damages for contempt - appeal dismissed |
| Date: 28 Jan 2025 Judge: MARKOVIC, LEE AND ABRAHAM JJ |
| SUPERANNUATION - representative proceeding under Part IVA of the Federal Court of Australia Act - fees for no service - where respondent continued to charge fees after successor fund transfer - whether charging of fees was a breach of trust - |
| Date: 2 Dec 2024 Judge: MARKOVIC J |
27. Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV [2024] FCAFC 152
| PRACTICE AND PROCEDURE - application for leave to appeal - whether decision to be appeal attended with sufficient doubt to warrant its reconsideration on appeal - whether, if decision is wrong, substantial injustice would result if leave were |
| Date: 21 Nov 2024 Judge: MARKOVIC, ROFE AND JACKMAN JJ |
| CORPORATIONS - application for extension of convening period for second meeting of creditors - application pursuant to Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) r 90-15 for judicial advice that |
| Date: 20 Nov 2024 Judge: MARKOVIC J |
| BANKRUPTCY AND INSOLVENCY - cross-border insolvency - application for recognition of foreign main proceeding - where granting recognition is not contrary to Australian public policy - application seeking relief under Art 21 of the UNCITRAL Model Law |
| Date: 18 Oct 2024 Judge: MARKOVIC J |
30. XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 131
| MIGRATION - appeal from decision of primary judge -judicial review of decision of Administrative Appeals Tribunal to affirm decision not to revoke mandatory visa cancellation - whether primary judge erred by failing to find that the Tribunal's |
| Date: 11 Oct 2024 Judge: MARKOVIC, CHEESEMAN and HORAN JJ |
31. Fortescue Limited v Element Zero Pty Limited (No 2) [2024] FCA 1157
| PRACTICE AND PROCEDURE - application to set aside ex parte search orders made by the duty judge - whether the applicants overstated and misrepresented to the duty judge the strength of the applicant's prima facie case - whether, on the evidence, |
| Date: 4 Oct 2024 Judge: MARKOVIC J |
| CORPORATIONS - breach of continuous disclosure obligations under s 674(2) of the Corporations Act 2001 (Cth) - whether primary judge erred in finding the pleaded information fell within s 677 of the Act by failing to construe and apply correctly the |
| Date: 2 Oct 2024 Judge: MARKOVIC, LEE AND BUTTON JJ |
33. Senatore (liquidator), in the matter the MCF Group Pty Ltd (in liquidation) [2024] FCA 1131
| CORPORATIONS - application by liquidator under s 588FF(3)(b) of the Corporations Act 2001 (Cth) - application opposed by interested person - consideration of prejudice and delay - application by liquidator under s 477(2B) of the Act for approval to |
| Date: 26 Sep 2024 Judge: MARKOVIC J |
34. Commissioner of Taxation v Iannuzzi (No 4) [2024] FCA 1094
| COSTS - indemnity costs - where the applicants on the interlocutory applications were successful in setting aside an order of the Court - whether the respondents on the interlocutory applications should be required to pay the applicants' costs on an |
| Date: 19 Sep 2024 Judge: MARKOVIC J |
35. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 7) [2024] FCA 1068
| PRACTICE AND PROCEDURE - interlocutory application for the enforcement of orders and declarations made previously - scope of liberty to apply - where application is within scope of liberty to apply - where equitable right of exoneration applies in |
| Date: 17 Sep 2024 Judge: MARKOVIC J |
| CORPORATIONS - leave granted to begin proceeding against insolvent company pursuant to s 444E of the Corporations Act 2001 (Cth) - deed of company arrangement - application to terminate deed of company arrangement pursuant to ss 445D(1)(e), 445D(1)(f |
| Date: 14 Aug 2024 Judge: MARKOVIC J |
| REPRESENTATIVE PROCEEDINGS - application for settlement approval and distribution of settlement funds pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - closed class representative proceeding - fairness and reasonableness of |
| Date: 2 Aug 2024 Judge: MARKOVIC J |
| PRACTICE AND PROCEDURE - security for costs - general principles - discretionary considerations - applications granted CORPORATIONS - application for injunctive relief under s 1324 of the Corporations Act 2001 (Cth) - alleged actual or threatened |
| Date: 1 Aug 2024 Judge: MARKOVIC J |
| PRACTICE AND PROCEDURE - security for costs - general principles - discretionary considerations - where preliminary assessment of strength of plaintiffs' claim not appropriate - where application for security for costs is oppressive - application |
| Date: 1 Aug 2024 Judge: MARKOVIC J |
40. Casey v DePuy International Ltd (No 4) [2024] FCA 724
| CONTRACTS - expert determination only reviewable for error of law - whether expert owed duty to accord procedural fairness - where no such duty owed - whether expert applied correct test of causation - whether expert erred in treatment of evidence - |
| Date: 5 Jul 2024 Judge: MARKOVIC J |
41. Nolutshungu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 684
| MIGRATION - where appellant's visa cancelled pursuant to s 501CA of the Migration Act 1958 (Cth) - application for judicial review of decision of the Administrative Appeals Tribunal affirming the Minister's delegate's decision not to revoke |
| Date: 27 Jun 2024 Judge: MARKOVIC J |
42. Veale v Coleman [2024] FCAFC 83
| BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - foreign currency judgment debt - where bankruptcy notice includes incorrect date for conversion of foreign currency |
| Date: 20 Jun 2024 Judge: MARKOVIC, HALLEY AND CHEESEMAN JJ |
43. Gidley (Trustee), in the matter of Ripoll (Bankrupt) v Ripoll [2024] FCA 650
| BANKRUPTCY AND INSOLVENCY - where notice given by Official Receiver pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) - where trustee sought recovery of money or property - whether binding financial agreement constituted forbearance to sue - |
| Date: 19 Jun 2024 Judge: MARKOVIC J |
| MIGRATION - appeal from judicial review of decision refusing to issue certificate of evidence of Australian citizenship - application for leave to amend notice of appeal - where proposed grounds of appeal raise factual issues not considered below - |
| Date: 18 Jun 2024 Judge: MARKOVIC, DERRINGTON AND NESKOVCIN JJ |
45. CZA19 v Commonwealth of Australia [2024] FCAFC 66
| COSTS - applicant granted a visa before hearing - where satisfied that the applicant would have been substantially successful - applicant awarded costs |
| Date: 28 May 2024 Judge: MORTIMER CJ, PERRAM AND MARKOVIC JJ |
46. Boating Syndication of Australia Pty Ltd v BSA Management Qld Pty Ltd [2024] FCA 502
| PRACTICE AND PROCEDURE - interlocutory application to enforce contractual restraint of trade clause - application of Restraint of Trade Act (NSW) - where applicant bears the onus of proof - where there is a serious question to be tried - where the |
| Date: 14 May 2024 Judge: MARKOVIC J |
47. Nguyen v Federal Circuit and Family Court of Australia [2024] FCA 471
| MIGRATION - meaning of "decision" under Migration Act 1958 (Cth) - where appellant contends that withdrawal of visa application was a migration decision - where the Federal Circuit and Family Court of Australia (Div 2) found it did not have |
| Date: 7 May 2024 Judge: MARKOVIC J |
48. Dyirranga Ltd v Deputy Commissioner of Taxation [2024] FCA 411
| PRACTICE AND PROCEDURE - service of application to set aside statutory demand under s 459G(3)(b) of the Corporations Act 2001 (Cth) - where application and supporting affidavit filed via eLodgement - where copies of application and supporting |
| Date: 24 Apr 2024 Judge: MARKOVIC J |
49. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 6) [2024] FCA 379
| PRACTICE AND PROCEDURE - interlocutory applications seeking competing orders for distribution of proceeds of sale - where equitable right of exoneration applies in trustee's favour - where trustee's application granted |
| Date: 18 Apr 2024 Judge: MARKOVIC J |
50. Clarence City Council v Commonwealth of Australia (costs) [2024] FCAFC 47
| COSTS - costs of appeal - where unsuccessful appellants successful on an issue raised by notices of contention - whether appropriate to apportion costs on an issue basis - whether a discrete issue |
| Date: 11 Apr 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
51. Google LLC v Interactive Engineering Pty Ltd [2024] FCA 338
| Date: 4 Apr 2024 Judge: MARKOVIC 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. Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289
| BANKRUPTCY - whether notice given by a trustee in bankruptcy purportedly pursuant to s 129AA(4) of the Bankruptcy Act 1966 (Cth) is valid - whether the bankrupt is discharged from bankruptcy pursuant to s 149 of the Bankruptcy Act on the three year |
| Date: 27 Mar 2024 Judge: MARKOVIC J |
54. Australian Securities and Investments Commission v Finder Wallet Pty Ltd [2024] FCA 228
| CORPORATIONS - financial products - whether defendant carried on a financial services business without holding an Australian Financial Services Licence - meaning of debenture in s 9 of the Corporations Act 2001 (Cth) - whether transaction created a |
| Date: 14 Mar 2024 Judge: MARKOVIC J |
| INSOLVENCY - application by liquidators for directions and judicial advice - application for approval of entry into a deed of settlement in recovery proceedings - where directions and advice sought are given - application for approval pursuant to s |
| Date: 29 Feb 2024 Judge: MARKOVIC J |
56. Ballast Holdings Pty Ltd v Leonite Capital (No 2) [2024] FCA 142
| COSTS - application for costs to be paid on an indemnity basis - where defendant persisted in its defence despite defects in creditor's statutory demands - where costs awarded on an indemnity basis -whether s 459N of the Corporations Act 2001 (Cth) |
| Date: 29 Feb 2024 Judge: MARKOVIC J |
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) (then the Federal Circuit Court of Australia) - where discretion to request new information from applicant not exercised - whether procedural fairness |
| Date: 29 Feb 2024 Judge: MARKOVIC J |
| PRACTICE AND PROCEDURE - application for leave to appeal from orders made restraining the applicant and the Australian Building & |
| Date: 16 Feb 2024 Judge: MARKOVIC, DERRINGTON AND HALLEY JJ |
59. Diverger Limited, in the matter of Diverger Limited (No 2) [2024] FCA 143
| CORPORATIONS - members' scheme of arrangement - second Court hearing - application for orders pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of scheme - consideration of evidence necessary for court to exercise discretion - |
| Date: 15 Feb 2024 Judge: MARKOVIC J |
60. Clarence City Council v Commonwealth of Australia [2024] FCAFC 8
| CONTRACTS - Appeal from orders of primary judge refusing Councils' application for declarations in respect of the construction of leases between Commonwealth and lessees of airports - where Councils not party to the leases -meaning of "trading or |
| Date: 15 Feb 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia (Div 2)) - application to rely on new grounds on appeal - where no explanation provided for why the new grounds were |
| Date: 13 Feb 2024 Judge: MARKOVIC J |
62. Mansoor, in the matter of Tvesa Investments Pty Ltd (in liq) [2024] FCA 290
| CORPORATIONS - application under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) - liquidators seeking to transfer funds between two companies in liquidation - where liquidators are the |
| Date: 8 Feb 2024 Judge: MARKOVIC J |
63. Commissioner of Taxation v Iannuzzi (No 3) [2024] FCA 45
| CORPORATIONS - applications to discharge or vary orders which reinstated the registration of deregistered companies pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where order was made pursuant to s 601AH(3)(d) of the Corporations Act to |
| Date: 2 Feb 2024 Judge: MARKOVIC J |
64. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37
| PRACTICE AND PROCEDURE - interlocutory application for sale of property by way of equitable execution by the appointment of a receiver - application granted |
| Date: 30 Jan 2024 Judge: MARKOVIC J |
65. St Mary's Hog's Pty Ltd v HBCA Pty Ltd (No 2) [2024] FCA 36
| PRACTICE AND PROCEDURE - applications for dismissal of proceeding pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) and r 19.01(1)(c) of the Federal Court Rules 2011 (Cth) - applications granted - applications to bar the |
| Date: 30 Jan 2024 Judge: MARKOVIC J |
66. Diverger Limited, in the matter of Diverger Limited [2023] FCA 1614
| CORPORATIONS - scheme of arrangement - first Court hearing - application for orders pursuant to s 411 and s 1319 of the Corporations Act 2001 (Cth) to convene meeting of the ordinary shareholders of the plaintiff - where proposed Scheme involves a |
| Date: 19 Dec 2023 Judge: MARKOVIC J |
67. 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 |
68. BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201
| MIGRATION - appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of the respondent's (Minister) decision to cancel appellant's Class AH Subclass 101 Child (Permanent) visa |
| Date: 19 Dec 2023 Judge: MARKOVIC, DERRINGTON AND ANDERSON JJ |
69. Johnson v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1558
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the first respondent to refuse to grant a visa - whether Tribunal made a jurisdictional error in relation to the primary |
| Date: 11 Dec 2023 Judge: MARKOVIC J |
70. Bechara v Bates (No 3) [2023] FCA 1559
| BANKRUPTCY - appeal from orders made by the Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia) following review of a decision made by a registrar to make a sequestration order against the estate of the |
| Date: 11 Dec 2023 Judge: MARKOVIC J |
71. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 3) [2023] FCA 1529
| PRACTICE AND PROCEDURE - application for stay of execution of orders - application made on the basis of hardship - application made on the basis that the judgment giving rise to the relevant orders was obtained by fraud - application dismissed |
| Date: 30 Nov 2023 Judge: MARKOVIC J |
| MIGRATION - application for an extension of time to appeal from orders of the Federal Circuit Court of Australia (as it then was, now the Federal Circuit and Family Court of Australia (Div 2)) dismissing an application for judicial review of a |
| Date: 23 Nov 2023 Judge: MARKOVIC J |
73. Australian Securities and Investments Commission v Bettles [2023] FCA 1442
| COSTS - application for costs to be paid on an indemnity basis - whether the plaintiff's rejection of an offer of compromise was unreasonable and imprudent - where offer made in context of civil penalty proceedings - application dismissed |
| Date: 23 Nov 2023 Judge: MARKOVIC J |
| MIGRATION - application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (as it then was, now the Federal Circuit and Family Court of Australia (Div 2)) dismissing application for judicial review of |
| Date: 23 Nov 2023 Judge: MARKOVIC J |
75. CWW16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1435
| MIGRATION - application for an extension of time to appeal from orders and judgment of the Federal Circuit Court of Australia (as it then was, now the Federal Circuit and Family Court of Australia (Div 2)) dismissing an application for review of a |
| Date: 23 Nov 2023 Judge: MARKOVIC J |
76. Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182
| COSTS - application for leave to appeal against a lump sum costs determination - applicable principles and procedure for the determination of lump sum costs - whether primary judgment is attended with sufficient doubt - whether a refusal of leave to |
| Date: 17 Nov 2023 Judge: Markovic, Stewart and Anderson JJ |
77. Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1322
| MIGRATION - application for judicial review of the decision of Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister not to revoke the cancellation of the applicant's visa - whether the Tribunal discharged its |
| Date: 2 Nov 2023 Judge: MARKOVIC 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 |
79. Mahommed v Cox as Administrator of the Deceased Estate of Dixon (No 2) [2023] FCAFC 170
| COSTS - application for indemnity costs against appellant's solicitor - whether appropriate to order that solicitor personally bears costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) - application dismissed |
| Date: 20 Oct 2023 Judge: MARKOVIC, GOODMAN AND MCELWAINE JJ |
80. Ballast Holdings Pty Ltd v Leonite Capital [2023] FCA 1245
| CORPORATIONS - applications to set aside creditor's statutory demands pursuant to ss 459G, 459H and/or 459J of the Corporations Act 2001 (Cth) - whether there is a genuine dispute about the existence of the debt the subject of the demands - where |
| Date: 20 Oct 2023 Judge: MARKOVIC J |
81. Chen v The Ginza Beauty Pty Ltd [2023] FCA 1192
| CORPORATIONS - application for access to books and financial records of a company - where substantial disclosure of documents has already been made - whether the plaintiff has established a proper purpose - application dismissed |
| Date: 9 Oct 2023 Judge: MARKOVIC J |
82. Firstmac Limited v Zip Co Limited (No 2) [2023] FCA 1074
| COSTS - application for indemnity costs - principles in respect of Calderbank offers - where applicant did not accept offers by respondents to settle proceedings - whether offers were commensurate with a possible outcome in the proceeding |
| Date: 13 Sep 2023 Judge: MARKOVIC J |
83. O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2023] FCAFC 154
| CONSUMER LAW - misleading and deceptive conduct - whether statements made before entry into a shareholders agreement and the fact of such entry conveyed a representation that a contracting party was capable of performing its obligations under the |
| Date: 13 Sep 2023 Judge: MARKOVIC, HALLEY AND GOODMAN JJ |
84. Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 148
| MIGRATION - appeal from dismissal of application for judicial review of decision of Administrative Appeal Tribunal affirming revocation decision pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal weighed appellant's criminal |
| Date: 7 Sep 2023 Judge: MARKOVIC, SARAH C DERRINGTON, FEUTRILL JJ |
85. Benjamin Hornigold Ltd v John Bridgeman Limited [2023] FCA 1195
| CORPORATIONS - leave to commence proceeding against company in restructuring pursuant to s 453S of the Corporations Act 2001 (Cth) - where expiry of limitation period is imminent - where there is a real likelihood of termination of restructuring |
| Date: 7 Sep 2023 Judge: MARKOVIC J |
| TRUSTS AND TRUSTEES - where second respondent (QNI) was former trustee of assets of a joint venture between second and third appellants - whether primary judge erred in finding that the claim by the liquidators of QNI (GPLs) for the funding premium |
| Date: 6 Sep 2023 Judge: MARKOVIC, BANKS-SMITH, HALLEY JJ |
87. Camphin Boston, in the matter of Aether X Pty Ltd v Aether X Pty Ltd [2023] FCA 1087
| CORPORATIONS - application to wind up company pursuant to s 459A, or alternatively s 461(1)(k), of the Corporations Act 2001 (Cth) - where sole director and shareholder is deceased - winding up order made |
| Date: 5 Sep 2023 Judge: MARKOVIC J |
| CORPORATIONS - application to terminate deed of company arrangement (DOCA) and for company to be wound up - order made terminating DOCA - application by the secured creditor and the receivers of the company seeking orders to place the company back |
| Date: 1 Sep 2023 Judge: MARKOVIC J |
89. Australian Securities and Investments Commission v Bettles [2023] FCA 975
| CORPORATIONS - application under s 45-1 of the Insolvency Practice Schedule (Corporations) (IPS), Sch 2 to the Corporations Act 2001 (Cth) - application for cancellation of defendant's registration as a registered liquidator - whether defendant |
| Date: 18 Aug 2023 Judge: MARKOVIC J |
90. 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 |
91. Burrows v Macpherson Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 875
| PRACTICE AND PROCEDURE - application for security for costs - where applicant has commenced multiple proceedings against the respondents in various courts - where applicant has failed to satisfy an outstanding costs order in related proceeding - |
| Date: 31 Jul 2023 Judge: MARKOVIC J |
92. Mahommed v Cox as Administrator of the Deceased Estate of Dixon [2023] FCAFC 107
| BANKRUPTCY - appeal from primary judge decision dismissing an application for the deceased's estate to be administered in bankruptcy pursuant to s 244 of the Bankruptcy Act 1966 (Cth) - whether primary judge erred in concluding the appellant was not |
| Date: 14 Jul 2023 Judge: MARKOVIC, GOODMAN AND MCELWAINE JJ |
93. 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 |
94. Australian Securities and Investments Commission v Caddick (No 2) [2023] FCA 1196
| CORPORATIONS - application made by receivers appointed pursuant to s 1101B(1) of the Corporations Act 2001 (Cth) - application for directions pursuant to the Court's inherent jurisdiction |
| Date: 5 Jun 2023 Judge: MARKOVIC J |
95. Hutchison, in the matter of Caledonian Bank Limited (In Controllership) [2023] FCA 1088
| BANKRUPTCY AND INSOLVENCY - cross-border insolvency - substantial change in relation to recognised foreign main proceeding in circumstances where liquidation is soon to be finalised - application granted |
| Date: 1 Jun 2023 Judge: MARKOVIC J |
96. 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 |
97. Firstmac Limited v Zip Co Limited [2023] FCA 540
| TRADE MARKS - infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) - whether the infringing marks are substantially identical with, or deceptively similar to, the applicant's mark - defence under s 122(1)(f) and (fa) of the Act - |
| Date: 29 May 2023 Judge: MARKOVIC J |
98. Copeland (liquidator), in the matter of Bretkel Pty Ltd v Lovelock [2023] FCA 879
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where defendants have failed to file defences and appear in proceedings - where plaintiff seeks pre- and post-judgment interest - |
| Date: 25 May 2023 Judge: MARKOVIC J |
99. GJM18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 524
| MIGRATION - appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether the Authority erred in its treatment of |
| Date: 25 May 2023 Judge: MARKOVIC J |
| PRACTICE AND PROCEDURE - costs - where appeal dismissed - where both the appellant and the first respondent had a substantial measure of success in relation to the issues on appeal - where the first respondent filed a late notice of contention - |
| Date: 24 May 2023 Judge: MARKOVIC, THOMAS AND BUTTON JJ |
