Browse Federal Court JudgmentsBy Judge - McDonald J |
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1. 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 |
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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
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 |