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You are here:

Browse Federal Court Judgments

By Judge - McDonald J

Results (McDonald J) : 38


Fully matching documents

1. Frigger v Banning (No 2) [2025] FCA 955

COSTS – applicants ordered to provide security for costs for respondents’ costs of application for leave to appeal – applicants failed to provide security for costs – respondents seek order dismissing application for leave to appeal with
Date: 14 Aug 2025     Judge: MCDONALD J

2. Gulzari v Minister for Immigration and Citizenship [2025] FCA 910

MIGRATION – application for conferral of citizenship – appeal from decision of Administrative Review Tribunal – where Tribunal affirmed decision of delegate of Minister to refuse citizenship application – where Tribunal not satisfied of
Date: 8 Aug 2025     Judge: MCDONALD J

3. Snow v Judicial Registrar Birchall [2025] FCA 885

PRACTICE AND PROCEDURE – reasonable apprehension of bias – application for judicial review of decision of registrar to refuse to accept documents for filing – where applicant had sought leave to appeal orders preventing him from relying on
Date: 1 Aug 2025     Judge: MCDONALD J

4. George v Registrar Parkyn [2025] FCA 873

PRACTICE AND PROCEDURE – applications for judicial review – applicant did not appear at final hearing and correspondence indicates intention not to further prosecute or engage with proceedings – proceedings dismissed on Court’s own motion
Date: 30 Jul 2025     Judge: MCDONALD J

5. Wyles on behalf of the Gurambilbarra Wulgurukaba People for the GW Mada Claim v State Minister for Queensland [2025] FCA 833

NATIVE TITLE – consent determination of native title – agreement of parties – requirements of s 87 of Native Title Act 1993 (Cth) satisfied – orders made giving effect to determination of native title
Date: 24 Jul 2025     Judge: MCDONALD J

6. Kirk v Commonwealth of Australia [2025] FCA 838

ADMINISTRATIVE LAW – application for declaratory relief – applicant held office as senior member of Administrative Appeals Tribunal when appointed as deputy judge of Upper Tribunal, Immigration and Asylum Chamber of United Kingdom – whether
Date: 24 Jul 2025     Judge: MCDONALD J

7. Towle v Commonwealth of Australia [2025] FCA 832

PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) and r 26.01 of Federal Court Rules 2011 (Cth) – where originating application and pleadings prolix and difficult to
Date: 24 Jul 2025     Judge: MCDONALD J

8. George v Registrar Stewart [2025] FCA 844

PRACTICE AND PROCEDURE – interlocutory applications by non-parties pursuant to r 9.12 of Federal Court Rules 2011 (Cth) for leave to intervene in proceedings – where proceedings involve application for judicial review of decision of registrar of
Date: 23 Jul 2025     Judge: MCDONALD J

9. Eden Local Aboriginal Land Council v Attorney General of New South Wales [2025] FCA 688

NATIVE TITLE – non-claimant application for determination of native title under Native Title Act 1993 (Cth) s 61(1) – respondents do not oppose orders sought – whether within power and appropriate for Court to make orders sought –
Date: 26 Jun 2025     Judge: MCDONALD J

10. AJQ24 v Commonwealth of Australia [2025] FCA 676

PRACTICE AND PROCEDURE – application for adjournment of hearing of separate question – separate question relates to whether respondent has defence to tort of false imprisonment – applicant detained in immigration detention when there was no
Date: 23 Jun 2025     Judge: MCDONALD J

11. Spall v Minister for Home Affairs [2025] FCAFC 75

MIGRATION – Appeal from decision of single judge affirming decision of Minister for Home Affairs to revoke the Appellant’s Australian citizenship pursuant to s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) – construction of a 34(5)
Date: 11 Jun 2025     Judge: BUTTON, MCDONALD AND BENNETT JJ

12. Frigger v Banning [2025] FCA 535

PRACTICE AND PROCEDURE – application by respondents for applicants to provide security for costs in relation to application for leave to appeal against decision which itself required applicants to provide security for costs – applicants have
Date: 23 May 2025     Judge: MCDONALD J

13. Deputy Commissioner of Taxation v Kate’s Cooking Pty Ltd (in liq)

CORPORATIONS – interlocutory process seeking appointment of liquidator of corporation as receiver of trust assets – liquidator appointed as receiver
Date: 22 May 2025     Judge: MCDONALD J

14. Construction, Forestry and Maritime Employees Union v Canberra Contractors Pty Ltd [2025] FCA 440

INDUSTRIAL LAW – pecuniary penalties – unlawful industrial action – appeal of decision imposing pecuniary penalties for contraventions of ss 502(1) and 503(1) of Fair Work Act 2009 (Cth) – where parties accept primary judge erred in imposing
Date: 6 May 2025     Judge: MCDONALD J

15. Fair Work Ombudsman v Mai [2025] FCA 421

INDUSTRIAL LAW – determination of appropriate pecuniary penalties for contraventions and serious contraventions of multiple provisions of Fair Work Act 2009 (Cth) by couple running small business – where manager of business involved in
Date: 1 May 2025     Judge: MCDONALD J

16. Millynn, in the matter of Sagerland Pty Ltd v Sagerland Pty Ltd [2025] FCA 391

CORPORATIONS – application to wind up company pursuant to s 233 or s 461 of Corporations Act 2001 (Cth) – where sole director and shareholder is deceased – where plaintiff is administrator of sole director’s deceased estate – whether
Date: 23 Apr 2025     Judge: MCDONALD J

17. Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd (No 2) [2025] FCAFC 50

COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause
Date: 11 Apr 2025     Judge: PERRY, MCEVOY AND MCDONALD JJ

18. 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

19. Morgan v Minister for Immigration and Multicultural Affairs [2025] FCA 266

MIGRATION – application for extension of time to lodge application for judicial review of migration decision – extension of time granted – application for judicial review of decision of Minister for Immigration and Multicultural Affairs,
Date: 27 Mar 2025     Judge: MCDONALD J

20. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35

BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or
Date: 24 Mar 2025     Judge: SNADEN, GOODMAN AND MCDONALD JJ

21. Linden v Sydney Night Patrol & Inquiry Co Pty Ltd trading as SNP Security [2025] FCA 172

PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) and r 26.01 of Federal Court Rules 2011 (Cth) – disability discrimination claim has no reasonable prospect of success –
Date: 7 Mar 2025     Judge: MCDONALD J

22. CleanFin Pty Ltd v Forest Carbon Methodology Pty Ltd (No 2) [2025] FCA 163

PRACTICE AND PROCEDURE – application to amend statement of claim and to join additional defendants – application for leave to commence proceedings against additional defendants under s 237 of Corporations Act 2001 (Cth) – application for
Date: 6 Mar 2025     Judge: MCDONALD J

23. Marlu Transport Solutions Pty Ltd v Bishdun Pty Ltd [2025] FCA 118

PRACTICE AND PROCEDURE - application for interlocutory injunction - applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business,
Date: 24 Feb 2025     Judge: MCDONALD J

24. Kazar (liquidator), in the matter of AE Charter Services Pty Ltd (in liq) v Adelaide Equity Holdings Pty Ltd [2025] FCA 59

PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) of Federal Court Rules 2011 (Cth) - plaintiffs made claim for compensation for insolvent trading against third defendant pursuant to s 588M of Corporations Act 2001
Date: 6 Feb 2025     Judge: MCDONALD J

25. Martin v Registrar Cridland [2025] FCA 45

PRACTICE AND PROCEDURE - Application for judicial review of decision of registrar to refuse to accept documents for filing - registrar held that attempt to file documents after decision was reserved was an abuse of process - decision of registrar
Date: 4 Feb 2025     Judge: MCDONALD J

26. Towle v Secretary, Department of Social Services [2025] FCA 42

PRACTICE AND PROCEDURE - interlocutory application for orders including orders setting aside procedural orders and orders seeking consolidation of proceedings - order that related proceedings be consolidated - application dismissed in part
Date: 4 Feb 2025     Judge: MCDONALD J

27. Bachelard v Australian Federal Police [2025] FCAFC 5

ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) (FOI Act) - request for access to three witness statements and a professional standards report arising from an investigation conducted under Part V of Australian Federal Police Act 1979 (Cth)
Date: 3 Feb 2025     Judge: WIGNEY, THAWLEY AND MCDONALD

28. Psomas (Trustee), in the matter of Moran (Bankrupt) (No 2) [2024] FCA 1477

BANKRUPTCY AND INSOLVENCY - application for order that trustee be disentitled to indemnity out of bankrupt estate for costs payable to bankrupt - whether trustee acted unreasonably in maintaining argument that summons to bankrupt should be amended
Date: 18 Dec 2024     Judge: MCDONALD J

29. Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd [2024] FCAFC 164

CONTRACTS - appeal from dismissal of application for damages for breach or repudiation of contract - where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemptions -
Date: 11 Dec 2024     Judge: PERRY, MCEVOY and MCDONALD JJ

30. Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 153

MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - non-revocation of visa cancellation - failure to satisfy character test - Tribunal bound by Ministerial Direction 99 issued under s 499 of Migration Act
Date: 4 Dec 2024     Judge: DERRINGTON, GOODMAN AND MCDONALD JJ

31. Almassri v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1352

MIGRATION - application for judicial review of decision of delegate of Minister for Immigration, Citizenship and Multicultural Affairs - visa cancelled under s 128 of the Migration Act 1958 (Cth) on ground that visa holder had been assessed by
Date: 22 Nov 2024     Judge: MCDONALD J

32. CQV22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1279

MIGRATION - protection visa - application for extension of time to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal -
Date: 5 Nov 2024     Judge: MCDONALD J

33. Moran v Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1258

COSTS - appropriate order as to costs - where bankrupt sought orders granting permission to bankrupt to travel overseas - orders made by consent permitting bankrupt to travel before substantive hearing - costs sought against trustee in bankruptcy
Date: 31 Oct 2024     Judge: MCDONALD J

34. Lyall v Secretary, Department of Social Services [2024] FCA 1263

ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal under s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) - where Tribunal affirmed decision of officer of Department of Social Services to raise debt on basis of overpayment of
Date: 31 Oct 2024     Judge: MCDONALD J

35. Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1259

BANKRUPTCY AND INSOLVENCY - application to set aside or vary examination summonses - application to set aside or vary orders for production of documents - where summonses and orders alleged to be invalid - whether compliance with summonses would be
Date: 31 Oct 2024     Judge: MCDONALD J

36. Bainbridge v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1080

MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - non-revocation of visa cancellation - failure to satisfy character test - Tribunal bound by Ministerial Direction 99 issued under s 499 of the Migration Act
Date: 18 Sep 2024     Judge: MCDONALD J

37. Hampton v Commissioner of the Australian Federal Police [2024] FCA 1079

ADMINISTRATIVE LAW - application for judicial review - where search warrants issued pursuant to s 3E of the Crimes Act 1914 (Cth) - where applicant's home searched by Australian Federal Police pursuant to warrants - where applicant was invited to,
Date: 18 Sep 2024     Judge: MCDONALD J

38. Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 119

ADMINISTRATIVE LAW - migration - application for judicial review of decision of Administrative Appeals Tribunal - where delegate of Minister refused to grant partner visa - where Ministerial Direction 65 under s 499 of Migration Act 1958 (Cth)
Date: 11 Sep 2024     Judge: KATZMANN, DOWLING AND MCDONALD JJ
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