Browse Federal Court JudgmentsBy Judge - McElwaine J |
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(McElwaine
J)
: 206
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| PRACTICE AND PROCEDURE – costs – costs orders made following findings of unreasonable conduct – Fair Work Act 2009 (Cth) s 570 engaged – no issue of principle |
| Date: 4 Sep 2026 Judge: MCELWAINE J |
2. Butler v Total Tools Holdings Pty Ltd [2026] FCAFC 114
| CORPORATIONS – shareholders’ resolution authorising company to issue an equity-based instrument to non-executive directors conditional on the successful financial close of a trade sale or initial public offering – successful trade sale of |
| Date: 3 Sep 2026 Judge: JACKSON, MCELWAINE AND BUTTON JJ |
3. Independent Commission Against Corruption v Waterhouse (Removal of Filed Document) [2026] FCAFC 110
| PRACTICE AND PROCEDURE – whether an order should be made pursuant to r 2.28(1) of the Federal Court Rules 2011 (Cth) removing an interlocutory application from the Court file – question referred to Full Court – Full Court considered additional |
| Date: 28 Aug 2026 Judge: MARKOVIC, COLVIN, MCELWAINE JJ |
4. Independent Commission Against Corruption v Waterhouse (Recusal) [2026] FCAFC 109
| PRACTICE AND PROCEDURE – recusal application – litigant in person – consideration of actual and/or apprehended bias – application dismissed |
| Date: 28 Aug 2026 Judge: MARKOVIC, COLVIN AND MCELWAINE JJ |
5. EMH IV Pty Ltd as trustee for the EMH IV Family Trust v Commissioner of Taxation [2026] FCAFC 112
| TAXATION – appeal from decision of primary judge dismissing application for judicial review of decision of delegate of the Commissioner – construction of Tax Agent Lodgment Program 2015-16 – where no error in primary judge’s finding as to |
| Date: 28 Aug 2026 Judge: MCELWAINE, HESPE, JACKMAN JJ |
6. Manu v Minister for Immigration and Citizenship [2026] FCAFC 108
| MIGRATION – appeal from dismissal of application for judicial review – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where delay between decision and |
| Date: 24 Aug 2026 Judge: SNADEN, CHEESEMAN AND MCELWAINE JJ |
| PRACTICE AND PROCEDURE – Summary judgment applications pursuant to s 31A Federal Court of Australia Act 1976 (Cth) – multiple claims pleaded against multiple respondents – where claims are legally and factually misconceived – no reasonable |
| Date: 7 Aug 2026 Judge: MCELWAINE J |
8. CYO23 v Minister for Immigration and Citizenship [2026] FCA 1050
| MIGRATION – Application pursuant to s 39B of the Judiciary Act 1903 (Cth) to quash a decision of the Federal Circuit and Family Court of Australia – where the Circuit Court dismissed an application to review a decision of the Immigration |
| Date: 3 Aug 2026 Judge: MCELWAINE J |
9. EHQ25 v Minister for Immigration and Citizenship [2026] FCA 1039
| MIGRATION – Application for an extension of time to bring an application pursuant to s 476A of the Migration Act 1958 (Cth) to review Minister’s personal decision to set aside a decision of the Administrative Appeals Tribunal – where |
| Date: 31 Jul 2026 Judge: MCELWAINE J |
10. Australian Securities and Investments Commission v Dawson [2026] (No 3) [2026] FCA 1006
| CORPORATIONS – officer’s duties under ss 180, 181 and 182 of the Corporations Act 2001 (Cth) (“Corporations Act”) – civil penalties – disqualification from managing corporations under ss 206C and 206E – where ASIC commenced civil |
| Date: 29 Jul 2026 Judge: MCELWAINE J |
11. Delpachitra v Minister for Immigration and Citizenship [2026] FCA 925
| MIGRATION – Appeal from the Federal Circuit and Family Court of Australia (Division 2) – cancellation of a student visa for failure to maintain enrolment in a registered course of study – whether AAT was required to understand the reason for |
| Date: 16 Jul 2026 Judge: MCELWAINE J |
12. Jakkireddy v Minister for Immigration and Citizenship [2026] FCA 913
| MIGRATION – Application for leave to appeal summary dismissal – out of time – application dismissed – no issue of principle. |
| Date: 10 Jul 2026 Judge: MCELWAINE J |
13. Singh v Minister for Immigration and Citizenship [2026] FCA 895
| MIGRATION — Appeal from the Federal Circuit and Family Court of Australia (Division 2) — student visa partner case — appeal grounds fail to expose error —appeal dismissed — no issue of principle. |
| Date: 9 Jul 2026 Judge: MCELWAINE J |
14. Kaur v Minister for Immigration and Citizenship [2026] FCA 897
| MIGRATION — appeal dismissed — no question of principle. |
| Date: 9 Jul 2026 Judge: MCELWAINE J |
15. Bad Wolf Purchasing Pty Ltd v Du Bray and Associates Pty Ltd (No 3) [2026] FCA 854
| PRACTICE AND PROCEDURE – application for a non-party costs order against an individual – where the individual directed the commencement of the proceeding and funded it – where the individual had a direct financial interest in success of the |
| Date: 1 Jul 2026 Judge: MCELWAINE J |
16. Du Bray & Associates Limited v Du Bray and Associates Pty Ltd (In Liquidation) [2026] FCA 849
| PRACTICE AND PROCEDURE – application by a director and shareholder to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) for leave to represent a corporation – lack of objectivity – application refused – no issue of principle. |
| Date: 30 Jun 2026 Judge: MCELWAINE J |
17. Ahsan v Minister for Immigration and Citizenship [2026] FCA 850
| MIGRATION – Application for an extension of time and for leave to appeal orders made by the Federal Circuit and Family Court of Australia (Division 2) – failure to explain delay and application otherwise devoid of merit – application dismissed |
| Date: 30 Jun 2026 Judge: MCELWAINE J |
18. Chang v Loebenstein (Trustee), in the matter of the bankrupt estate of Chang [2026] FCA 814
| BANKRUPTCY AND INSOLVENCY – application for annulment by the Court – whether sequestration order ought not to have been made – no evidence of solvency – no other basis for annulment identified – application dismissed |
| Date: 26 Jun 2026 Judge: MCELWAINE J |
19. Keyte v Minister for Immigration and Citizenship [2026] FCA 745
| MIGRATION – application for judicial review of decision of the Administrative Review Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to revoke the cancellation of the applicant’s visa pursuant to s 501CA(4) of the |
| Date: 15 Jun 2026 Judge: MCELWAINE J |
20. Puxty v Monarch Advisory Group Pty Ltd (in liquidation) [2026] FCAFC 80
| INDUSTRIAL LAW – breach of post-employment restrictive covenants by an employee – meaning of prior consent of the employer – whether employees established employer prior consent to soliciting clients before employment agreements entered into |
| Date: 9 Jun 2026 Judge: COLLIER, WHEELAHAN AND MCELWAINE JJ |
21. Chang v Chang, in the matter of Chang [2026] FCA 707
| BANKRUPTCY AND INSOLVENCY – interim application to extend time to commence a de novo review of a sequestration order made by a Registrar – no satisfactory explanation for delay – grounds of proposed opposition to the creditor’s petition have |
| Date: 5 Jun 2026 Judge: MCELWAINE J |
22. Mazi v Elizabeth Andrews Pty Ltd [2026] FCA 638
| EMPLOYMENT LAW – application for leave to appeal out of time from judgment of the Federal Circuit and Family Court of Australia (Division 2) – where proposed appeal grounds lack merit – where primary judgment not attended by sufficient doubt |
| Date: 25 May 2026 Judge: McELWAINE J |
23. Marie v Trustee for Aspire Residences Unit Trust [2026] FCA 553
| PRACTICE AND PROCEDURE – interlocutory application concerning late payment of a settlement sum pursuant to a compromise deed – where payment was nine days late – held application dismissed with costs – no issue of principle. |
| Date: 6 May 2026 Judge: MCELWAINE J |
24. Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Penalty) [2026] FCA 506
| CONSUMER LAW – civil penalties for contraventions of ss 128 and 130(1) of the National Consumer Credit Protection Act 2009 (Cth) – determination of appropriate penalties – penalties imposed – compliance order relief refused. |
| Date: 27 Apr 2026 Judge: MCELWAINE J |
25. Commissioner of Taxation v Toowoomba Regional Council [2026] FCAFC 50
| TAXATION – Fringe Benefits Tax – meaning of commercial parking station at ss 39A and 136 of the Fringe Benefits Tax Assessment Act 1986 (Cth) – whether meaning is confined to facilities that are intended to or in fact operate profitably – |
| Date: 27 Apr 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
26. Hillier v Martin (No 25) [2026] FCA 455
| EVIDENCE – Legal Professional Privilege – implied waiver – application of Mastercard Asia/Pacific Pty Ltd v ACCC [2026] FCAFC 37 – implied waiver found – orders made – no issue of principle. |
| Date: 16 Apr 2026 Judge: MCELWAINE J |
27. Commissioner of Taxation v Hall [2026] FCAFC 43
| TAXATION – income tax – deductions – where the respondent was a sports presenter and producer employed by the ABC – where, because of the COVID-19 pandemic, in the 2021 income year the respondent was required to work partly from home and |
| Date: 10 Apr 2026 Judge: THAWLEY, MCELWAINE AND WHEATLEY JJ |
| LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of |
| Date: 30 Mar 2026 Judge: PERRAM, WHEELAHAN and MCELWAINE JJ |
29. Lo v Minister for Immigration and Citizenship [2026] FCA 338
| MIGRATION – construction of cl 8.1.1(1)(d) of Direction 110 – whether the clause is confined to identification of the impact of offending on an individual or class of individuals – whether Administrative Review Tribunal erred in considering |
| Date: 26 Mar 2026 Judge: MCELWAINE J |
30. Minister for Immigration and Citizenship v LLR24 [2026] FCAFC 26
| MIGRATION – primary judge allowed an application for judicial review of a decision of the Administrative Review Tribunal (Tribunal) to set aside its decision to refuse to grant the First Respondent a protection visa – whether the primary judge |
| Date: 24 Mar 2026 Judge: O’SULLIVAN, MCELWAINE AND HILL JJ |
| COSTS – lump-sum determination should not morph into a taxation by another name – refusal to receive solicitor’s affidavit that in form and substance is a list of detailed objections – purpose of the lump-sum procedure explained – whether |
| Date: 16 Mar 2026 Judge: MCELWAINE J |
32. CIP Group Pty Ltd v So (No 13) [2026] FCA 267
| COSTS – resolution of competing submissions about costs of multiple interlocutory applications – costs orders made – no issue of principle |
| Date: 13 Mar 2026 Judge: MCELWAINE J |
| DECLARATORY RELIEF AND COSTS – final orders and declaratory relief where parties remain in disagreement – Sanderson costs orders made in respect of cross-claims – indemnity costs ordered due to unreasonable conduct and failure to engage with |
| Date: 13 Mar 2026 Judge: MCELWAINE J |
34. ARG18 v Minister for Immigration and Citizenship [2026] FCA 252
| MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) – appellant’s application for Safe Haven Enterprise Visa refused by Minister’s Delegate and affirmed by the Immigration Assessment Authority – review |
| Date: 12 Mar 2026 Judge: MCELWAINE J |
| DEFAMATION – whether imputations made out in a single email concerning accreditation requirements for membership of a professional association – imputations strained and unsupportable – primary judge correctly dismissed the proceeding. |
| Date: 6 Mar 2026 Judge: WHEELAHAN, O'SULLIVAN and MCELWAINE JJ |
36. Roohizadegan v Technology One Limited (No 7) [2026] FCA 187
| INDUSTRIAL LAW – application for costs orders pursuant to s 570 of the Fair Work Act 2009 (Cth) – whether applicant engaged in unreasonable conduct – substantial Calderbank offer of $2.2 million made mid-trial – unreasonable failure to |
| Date: 4 Mar 2026 Judge: MCELWAINE J |
37. Palmer v Australian Securities and Investments Commission (No 3) [2026] FCA 141
| PRACTICE AND PROCEDURE – application to stay proceedings as an abuse of process – whether fragmentation of criminal proceedings arises – application granted, temporary stay ordered. |
| Date: 24 Feb 2026 Judge: MCELWAINE J |
38. Mir v Minister for Immigration and Multicultural Affairs [2026] FCA 142
| PRACTICE AND PROCEDURE – application by respondent to summarily dismiss claims under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) or alternatively r 26.01 of the Federal Court Rules 2011 (Cth) – whether applicant has any reasonable |
| Date: 23 Feb 2026 Judge: MCELWAINE J |
39. Wijaya v Matthews Brothers Engineering Pty Ltd [2026] FCA 138
| PRACTICE AND PROCEDURE – application for de novo review of decision of a registrar to summarily dismiss a proceeding as failing to disclose a reasonable cause of action – application dismissed – no question of principle arises where the |
| Date: 20 Feb 2026 Judge: MCELWAINE J |
40. Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd (No 4) [2026] FCA 115
| REPRESENTATIVE PROCEEDINGS – application to vary approved administration costs – application approved – no issue of principle |
| Date: 17 Feb 2026 Judge: MCELWAINE J |
41. Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10
| TAXATION – appeal – objection to amended assessments disallowing deductions and imposing administrative penalties – deductions claimed to be service fees paid under contracts for use of related party trust assets – contract inferred from |
| Date: 17 Feb 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
42. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) (Costs) [2026] FCAFC 8
| COSTS – costs orders following unsuccessful appeals – no issue of principle – costs orders made |
| Date: 11 Feb 2026 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
43. Hillier v Martin (No 23) [2026] FCA 56
| PRACTICE AND PROCEDURE – application by individual respondent to be represented otherwise than by a legal practitioner with a practicing certificate – where putative advocate is her husband – lack of objectivity and independence – |
| Date: 6 Feb 2026 Judge: MCELWAINE J |
44. CIP Group Pty Ltd v So (No 12) [2026] FCA 60
| PRACTICE AND PROCEDURE – applicants’ application to make substantial amendments one business day prior to trial – adequacy of explanation – delay – prejudice – whether proposed pleading pleads all material facts or is embarrassing – |
| Date: 6 Feb 2026 Judge: MCELWAINE J |
45. Kruger v Thompson (No 2) [2025] FCAFC 193
| COSTS - submissions as to costs following successful appeal - where orders on appeal provided for remittal of proceedings - where appellant had been substantially but not wholly successful on appeal – where respondents sought orders as to payment |
| Date: 22 Dec 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
46. Harris v Military Rehabilitation and Compensation Commission [2025] FCAFC 198
| STATUTORY INTERPRETATION – where the appellant appeals from a decision of the Court to uphold a decision of the Administrative Appeals Tribunal as to the construction of the Military Rehabilitation and Compensation Act 2004 (Cth) (MRC Act) – |
| Date: 22 Dec 2025 Judge: LOGAN, HALLEY AND MCELWAINE JJ |
| PRACTICE AND PROCEDURE – where respondents make belated amendment application – where application is in two distinct parts – where abandonment of positive defences is not opposed – where addition of an absence of standing defence is opposed |
| Date: 18 Dec 2025 Judge: MCELWAINE J |
| COMMERCIAL AND CORPORATIONS – indemnity claim by receivers and managers who failed to make priority payments from personal property circulating assets as required by s 433 of the Corporations Act – whether deed of novation operated to substitute |
| Date: 18 Dec 2025 Judge: MCELWAINE J |
49. Roohizadegan v Technology One Ltd (No 6) [2025] FCA 1619
| INDUSTRIAL LAW – adverse action – multiple claims and multiple permutations of termination and non-termination adverse action claims contrary to s 340(1) of the Fair Work Act 2009 (Cth) – whether applicant has established some asserted |
| Date: 18 Dec 2025 Judge: MCELWAINE J |
| INDUSTRIAL LAW – appeal from judgment dismissing application alleging contraventions of s 343(1) of the Fair Work Act 2009 (Cth) – where Minister intervened by letter and Ministerial Direction in dispute between Union and Fire Rescue Victoria |
| Date: 11 Dec 2025 Judge: RANGIAH, CHARLESWORTH AND MCELWAINE JJ |
51. CIP Group Pty Ltd v So (No 11) [2025] FCA 1547
| PRACTICE AND PROCEDURE – application to set aside subpoenas on grounds of no apparent relevance or as amounting to fishing – long running litigation where applicants applied for leave to make substantial amendments one business day before |
| Date: 5 Dec 2025 Judge: MCELWAINE J |
52. Ogawa v Australian Information Commissioner (Vexatious Proceedings Orders) [2025] FCAFC 167
| HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where amicus curiae appointed – where appellant frequently instituted or conducted proceedings that caused delay, |
| Date: 27 Nov 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
53. Palmer v Australian Securities and Investments Commission (No 2) [2025] FCA 1425
| PRACTICE AND PROCEDURE – Interlocutory application by the respondent to dismiss the proceeding on the basis that jurisdiction to grant relief is ousted by s 1337D of the Corporations Act 2001 (Cth) – question whether declaratory relief claimed |
| Date: 18 Nov 2025 Judge: MCELWAINE J |
54. Ogawa v Australian Information Commissioner (No 2) [2025] FCAFC 156
| PRACTICE AND PROCEDURE – recusal application for apprehended bias – whether application requires determination by a differently constituted Full Court – usual practice that applications be determined by the judge to whom it is made applied |
| Date: 13 Nov 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
55. Kruger v Thompson [2025] FCAFC 143
| HUMAN RIGHTS – alleged breaches of the Sex Discrimination Act 1984 (Cth) – appeal by way of rehearing – challenges to factual findings of the primary judge – held: appeal allowed – redetermination or remittal – matter to be remitted to |
| Date: 17 Oct 2025 Judge: COLVIN, ABRAHAM AND MCELWAINE JJ |
56. CIP Group Pty Ltd v So (No 10) [2025] FCA 1240
| PRACTICE AND PROCEDURE – applications to increase security for costs at late stage of proceeding – whether discounts should be applied to assessed reasonable party and party costs – whether identification of material change in circumstances as |
| Date: 10 Oct 2025 Judge: MCELWAINE J |
57. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137
| CORPORATIONS – where appellants commenced voidable transaction proceedings under s 588FF(1) of the Corporations Act 2001 (Cth) – where purported service of proceedings effected outside the time required by r 2.7 of the Federal Court (Corporations |
| Date: 9 Oct 2025 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
58. Bad Wolf Purchasing Pty Ltd v Du Bray and Associates Pty Ltd (Costs) [2025] FCA 1075
| PRACTICE AND PROCEDURE – routine costs orders |
| Date: 5 Sep 2025 Judge: MCELWAINE J |
59. Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2025] FCA 1074
| INDUSTRIAL LAW – construction of s 539(2) Fair Work Act 2009 (Cth), item 4 – meaning of employee organisation to which the enterprise agreement concerned applies – where EBA had ceased to apply when proceeding commenced – separate question |
| Date: 5 Sep 2025 Judge: MCELWAINE J |
| PRACTICE AND PROCEDURE – application for directions as to conduct of an inquiry by a judicial registrar – impermissible attempt to recast arguments rejected in primary reasons. |
| Date: 5 Sep 2025 Judge: MCELWAINE J |
61. Australian Securities and Investments Commission v Money3 Loans Pty Ltd (No 3) [2025] FCA 1086
| CONSUMER LAW – alleged multiple contraventions of ss 47, 128, 129, 130, 131 and 133 of the National Consumer Credit Protection Act 2009 (Cth) – six vulnerable consumers financed to purchase used motor vehicles – content of various obligations |
| Date: 5 Sep 2025 Judge: MCELWAINE J |
62. Palmer v Australian Securities and Investments Commission [2025] FCA 1025
| PRACTICE AND PROCEDURE – respondent’s application to strike out selected paragraphs of statement of claim as vague, embarrassing or failing to disclose a reasonable cause of action – additional application to enter summary judgment on certain |
| Date: 27 Aug 2025 Judge: MCELWAINE J |
63. Tran v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 114
| MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where primary judge dismissed application for judicial review of Tribunal’s decision – |
| Date: 25 Aug 2025 Judge: ANDERSON, MCELWAINE AND NESKOVCIN JJ |
| ENVIRONMENTAL LAW – application to review decision of National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) – where Woodside Energy Scarborough Pty Ltd requires approval of an environment plan to undertake offshore |
| Date: 22 Aug 2025 Judge: MCELWAINE J |
65. Carbery v Fire Rescue Victoria [2025] FCA 948
| TAXATION – calculation of Reportable Fringe Benefit Amounts – applicant claims declaratory relief that employer incorrectly calculated and reported employee fringe benefits on reimbursed insurance premiums PRACTICE AND PROCEDURE – respondent |
| Date: 14 Aug 2025 Judge: MCELWAINE J |
| INDUSTRIAL LAW – Interpretation of enterprise bargaining agreement – construction of overtime payment provisions – where agreement provides for half hour overtime threshold – whether half hour threshold applies to overtime in respect of both |
| Date: 31 Jul 2025 Judge: MCELWAINE J |
| CORPORATIONS-insolvency-trusts and trustees-claim by successor trustee to vest trust property in possession of former insolvent trustee in particular funds held in trust bank account-right of indemnity-right of exoneration-where Court is not |
| Date: 18 Jul 2025 Judge: MCELWAINE J |
68. Merchant v Commissioner of Taxation (Costs) [2025] FCAFC 81
| TAXATION – consequential orders and costs – where no party was entirely successful on appeal – where parties filed competing forms of order – where appellants made offer of settlement before trial – whether costs of trial and the appeal |
| Date: 18 Jun 2025 Judge: LOGAN, MCELWAINE and HESPE JJ |
| PRACTICE AND PROCEDURE — application for maximum costs order under r 40.51 of the Federal Court Rules 2011 (Cth) — where substantive proceedings concern judicial review of a decision made by the National Offshore Petroleum Safety and |
| Date: 6 Jun 2025 Judge: MCELWAINE J |
70. Hillier v Martin (No 22) [2025] FCA 507
| PRACTICE AND PROCEDURE – interlocutory application by a non-party to set aside interlocutory restraining and other orders which noted undertakings given by respondents- whether applicant lacks standing- whether application proceeds on a |
| Date: 19 May 2025 Judge: MCELWAINE J |
71. Archer v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 471
| 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: 14 May 2025 Judge: MCELWAINE J |
72. Zirk-Sadowski v University of New South Wales [2025] FCAFC 64
| INDUSTRIAL LAW – appeal from dismissal of application for judicial review of three decisions of the Fair Work Commission – whether decisions attended by jurisdictional error – appeal dismissed. PRACTICE AND PROCEDURE – where appellant seeks |
| Date: 14 May 2025 Judge: WHEELAHAN, SNADEN AND MCELWAINE JJ |
73. Xu v Salter Brothers Asset Management Pty Ltd (No 2) [2025] FCA 379
| COSTS – whether costs should be awarded on a party and party or indemnity basis – whether refusal of Calderbank offers unreasonable – no order for indemnity costs – costs ordered on a lump sum basis |
| Date: 22 Apr 2025 Judge: MCELWAINE J |
74. 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 |
75. Roohizadegan v Technology One Limited (Trial Ruling) [2025] FCA 309
| PRACTICE AND PROCEDURE – application to set aside a subpoena – long running trial – hearsay evidence exception at s 64(3) of the Evidence Act 1995 (Cth) – whether probative value of proposed evidence is substantially outweighed by its |
| Date: 2 Apr 2025 Judge: MCELWAINE J |
76. Sayed v National Disability Insurance Agency [2025] FCAFC 40
| ADMINISTRATIVE LAW – appeal from decision of primary judge – whether Administrative Appeals Tribunal had jurisdiction to review alleged decision of the National Disability Insurance Agency on internal review of decision to approve statement of |
| Date: 28 Mar 2025 Judge: RANGIAH, MCELWAINE AND HORAN JJ |
77. Po’oi v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 258
| MIGRATION- application for judicial review of the exercise of the Minister’s personal power at s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and to cancel the applicant’s visa in the |
| Date: 27 Mar 2025 Judge: MCELWAINE J |
78. Ogawa v Australian Information Commissioner [2025] FCAFC 37
| PRACTICE AND PROCEDURE — apprehended bias — appeal and applications to extend time and for leave to appeal in three separate matters-where applicant’s claims of apprehended bias were without merit and properly refused in each case — where |
| Date: 27 Mar 2025 Judge: MCELWAINE, MCEVOY AND JACKMAN JJ |
79. Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2025] FCAFC 22
| STATUTORY INTERPRETATION – Pharmaceutical Benefits Scheme – methodology of the average unadjusted price reduction test prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – where legislation amended after conclusion of argument on |
| Date: 13 Mar 2025 Judge: KATZMANN, O’SULLIVAN AND MCELWAINE JJ |
| INDUSTRIAL LAW-appeal from Federal Circuit and Family Court of Australia-where, despite multiple appeal grounds, appellant demonstrates two errors-when an error is not material to the outcome at trial-extent of particularity required to make an |
| Date: 6 Mar 2025 Judge: MCELWAINE J |
81. HSCK v Minister for Immigration and Multicultural Affairs [2025] FCAFC 17
| MIGRATION - where appellant's application for judicial review was dismissed by the primary judge - where Minister on appeal concedes that there has been jurisdictional error on the part of the Tribunal - whether the Court should grant relief in the |
| Date: 25 Feb 2025 Judge: STEWART, MCELWAINE AND MCEVOY JJ |
82. Xu v Salter Brothers Asset Management Pty Ltd [2025] FCA 89
| FINANCIAL PRODUCTS - misleading or deceptive conduct concerning the terms of complying investments of at least $5 million as required to be made by applicants pursuant to the Significant Investor Visa Program- ss 12 DA and 12DB of the ASIC Act and |
| Date: 19 Feb 2025 Judge: MCELWAINE J |
| PRACTICE AND PROCEDURE-Evidence Act 1995 (Cth), s 63-previous representation-witness not available despite service of subpoena-whether all reasonable steps have been taken by the applicant to compel the witness to give evidence-failure of applicant |
| Date: 13 Feb 2025 Judge: MCELWAINE J |
| PRACTICE AND PROCEDURE- Evidence Act 1995 (Cth), s 79-expert evidence regarding procedures for a licensee to achieve compliance with obligations at ss 47, 128, 129, 130 and 133 of the National Consumer Credit Protection Act 2009 (Cth)- whether |
| Date: 12 Feb 2025 Judge: MCELWAINE J |
85. Praljak v Office of the Australian Information Commissioner [2024] FCA 1487
| PRACTICE AND PROCEDURE-application to extend time for commencement of judicial review-no satisfactory explanation for delay-application without merit-application dismissed |
| Date: 20 Dec 2024 Judge: MCELWAINE J |
| CORPORATIONS-insolvency-application to stay the effect of a winding up order to permit appeal-no proper basis disclosed-hopelessly insolvent company-stay application dismissed |
| Date: 20 Dec 2024 Judge: MCELWAINE J |
87. Fair Work Ombudsman v Make Dough Enterprises (in liquidation) [2024] FCA 1432
| INDUSTRIAL LAW-separate question determination-does s 557C of the Fair Work Act 2009 apply in proceedings brought against a responsible franchisor pursuant to s 588B-if so, how does it operate-question answered in the affirmative-operation explained |
| Date: 12 Dec 2024 Judge: MCELWAINE J |
88. United Firefighters Union of Australia v Honourable Jaclyn Symes [2024] FCAFC 158
| APPEAL GROUNDS-application to amend grounds-point of statutory construction not taken below-proposed new grounds directly contrary to the appellant's trial case-prejudice to the respondents accepted-application dismissed |
| Date: 11 Dec 2024 Judge: RANGIAH, CHARLESWORTH AND MCELWAINE JJ |
89. Haque v Secretary, Department of Social Services (Centrelink) [2024] FCA 1407
| APPEAL - Objection to competency - objection upheld - appeal summarily dismissed |
| Date: 9 Dec 2024 Judge: MCELWAINE J |
90. Hera Project Pty Ltd v Woolworths Ltd [2024] FCA 1339
| PRACTICE AND PROCEDURE - security for costs - failure to provide security as ordered - looming trial date - application to dismiss proceeding - competing applications to discharge security or extend time for its provision - no satisfactory evidence |
| Date: 21 Nov 2024 Judge: MCELWAINE J |
91. Khan v Minister for Immigration and Multicultural Affairs [2024] FCA 1358
| MIGRATION - failed application for a student visa-multiple applications for review-review summarily dismissed by Federal Circuit and Family Court of Australia as lacking any reasonable prospect of success-no arguable error disclosed-leave to appeal |
| Date: 19 Nov 2024 Judge: MCELWAINE J |
92. Shahid v Minister for Immigration and Multicultural Affairs [2024] FCA 1344
| MIGRATION-failed student visa application-multiple levels of review-review application summarily dismissed by Federal Circuit and Family Court as having no reasonable prospect of success-application for leave to appeal in this Court on grounds that |
| Date: 18 Nov 2024 Judge: MCELWAINE J |
93. Taylor v Director Ministerial Intervention (National) [2024] FCA 1322
| ADMINISTRATIVE LAW- application to quash a decision not to refer an application for consideration by the Minister pursuant to s 195A of the Migration Act 1958-where applicant removed to the United Kingdom after non-referral decision was made |
| Date: 12 Nov 2024 Judge: MCELWAINE J |
| CORPORATIONS - standard of appellate review - where deed of company arrangement terminated - whether the Court's satisfaction that a ground for termination is established is governed by the correctness standard pursuant to Warren v Coombes or the |
| Date: 1 Nov 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
95. Van Eps v Child Support Registrar [2024] FCAFC 127
| BANKRUPTCY AND INSOLVENCY - appeals -declaration that the applicant did not file application to set aside bankruptcy notice within time under s 41(7) of the Bankruptcy Act 1966 (Cth) - where application for adjournment refused - where application |
| Date: 26 Sep 2024 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
96. Daly v Australian Securities and Investments Commission [2024] FCAFC 125
| CORPORATIONS - civil penalty proceedings - liability phase - duties of officers of responsible entity of a registered managed investment scheme - whether appellant an officer of the responsible entity - where primary judge held that the |
| Date: 24 Sep 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
97. Base Resources Limited, in the matter of Base Resources Limited [2024] FCA 1069
| SCHEMES OF ARRANGEMENT- second Court hearing- order sought under s 411(1) of the Corporations Act 2001 (Cth)- form of orders where intention to apply for an exemption under US Securities Exchange Act 1933-scheme approved-no issue of principle-orders |
| Date: 12 Sep 2024 Judge: MCELWAINE J |
98. Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2024] FCA 1036
| REPRESENTATIVE PROCEEDINGS- application for approval of a settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (FCA Act)- where 20% of group members object- the importance of objections and the protective function of the Court |
| Date: 6 Sep 2024 Judge: MCELWAINE J |
99. Raiz v Director of Professional Services Review (No 2) [2024] FCAFC 110
| ADMINISTRATIVE LAW - consequential orders - form of relief - decision of primary judge set aside - writ of certiorari to issue quashing the report and draft report of the second respondent - no occasion for a writ of mandamus directed to the first |
| Date: 28 Aug 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
100. Gong v Nipps (liquidator), in the matter of i-Prosperity Pty Ltd (in liq) [2024] FCAFC 102
| PRACTICE AND PROCEDURE - liquidators obtained orders for extensions of time under s 588FF(3)(b) of the Corporations Act 2001 - appellants sought to appeal - whether extension of time orders are final or interlocutory orders - whether leave to appeal |
| Date: 6 Aug 2024 Judge: MCELWAINE, MCEVOY AND NESKOVCIN JJ |
