Browse Federal Court JudgmentsBy Judge - McElwaine J |
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(McElwaine
J)
: 186
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
9. 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 |
10. 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 |
12. 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 |
14. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
| 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 |
29. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
41. 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 |
42. 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 |
43. 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 |
45. 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 |
48. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
61. 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 |
62. 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 |
65. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. Alumina Limited, in the matter of Alumina Limited [2024] FCA 806
| CORPORATIONS - scheme of arrangement - scheme concerning acquisition of shares - second court hearing - where s 411(4) of the Corporations Act 2001 (Cth) satisfied - US Securities Act of 1933 (US) exemption - approval granted - orders for approval |
| Date: 22 Jul 2024 Judge: MCELWAINE J |
82. Raiz v Director of Professional Services Review [2024] FCAFC 91
| ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 |
| Date: 5 Jul 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
83. Director of Biosecurity v Chi (No 2) [2024] FCA 721
| ADMINISTRATIVE LAW application for payment in instalments of penalties imposed for breach of the Biosecurity Act 2015 (Cth) where applicant submitted that there was sufficient material to justify the making of orders for payment of the penalties in |
| Date: 3 Jul 2024 Judge: MCELWAINE J |
84. Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77
| ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court of Australia - "death benefit" payable under superannuation policy - where deceased member declared in a text message to his sister that he intended to end his |
| Date: 13 Jun 2024 Judge: SNADEN, MCELWAINE AND MEAGHER JJ |
85. Warren v Chief Executive Officer, Services Australia [2024] FCAFC 73
| ADMINISTRATIVE LAW - Appeal from a decision of a Deputy President of the Administrative Appeals Tribunal - where applicant seeks access to ten documents pursuant to the Freedom of Information Act 1982 (Cth) (FOI Act) relating to the Pay As You Go |
| Date: 7 Jun 2024 Judge: KATZMANN, MCELWAINE AND KENNETT JJ |
86. Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71
| ADMINISTRATIVE LAW - whether primary judge erred in finding that a decision of the appellant's delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that |
| Date: 5 Jun 2024 Judge: O'CALLAGHAN, SNADEN AND MCELWAINE JJ |
| CORPORATIONS - Personal Property Securities Act - s 340 meaning of circulating asset - whether amounts recovered by receivers and managers comprised circulating assets - application of s 433 of the Corporations Act - whether an account arises from |
| Date: 28 May 2024 Judge: MCELWAINE J |
| ESTOPPEL -issue estoppel-parallel proceedings by ACCC as regulator and applicant alleging breach of s 45 of the Competition and Consumer Act 2010 (CCA) concerning Port Commitment Deeds entered into by State of NSW-stay of applicant's proceeding- |
| Date: 22 May 2024 Judge: MCELWAINE J |
89. Hassan v Image Nominees Pty Ltd (In liquidation) [2024] FCA 487
| CORPORATIONS -- liquidation of companies -- liquidators' remuneration -- whether amount of remuneration is reasonable --orders made |
| Date: 10 May 2024 Judge: MCELWAINE J |
| INDUSTRIAL LAW - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - redetermination of pecuniary penalties following limited success of appeal and setting aside of penalty order - consideration of course of |
| Date: 9 May 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
91. Descon Group Australia Pty Ltd v Rodd (No 2) [2024] FCA 390
| COSTS - form of order following a successful appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) to award indemnity costs - order of primary judge varied - application for costs of the application for leave to |
| Date: 19 Apr 2024 Judge: MCELWAINE J |
92. Siddiqui v Karl Thomas and M Irfan Pty Ltd trading as Mowbray Physiotherapy Services [2024] FCA 389
| PRACTICE AND PROCEDURE - application for extension of time for cross-appeal - where improper purpose and abuse of process - application dismissed PRACTICE AND PROCEDURE - application for stay of execution of orders of primary judge - where orders |
| Date: 19 Apr 2024 Judge: MCELWAINE J |
93. Director of Biosecurity v Chi [2024] FCA 388
| ADMINISTRATIVE LAW - application for declarations and penalties for breach of the Biosecurity Act 2015 (Cth) - where respondents were intercepted when importing live fish into Australia for commercial gain - where respondents produced false or |
| Date: 19 Apr 2024 Judge: MCELWAINE J |
94. Fitzgerald, in the matter of Tempo Holidays Pty Ltd (in liq) v Tully [2024] FCA 391
| INSOLVENCY - application by liquidator against first defendant director for compensation for breach of director's duties and insolvent trading - where liquidators and director settled claim ahead of hearing - where liquidators contend second |
| Date: 19 Apr 2024 Judge: MCELWAINE J |
95. Tratter v Aware Super [2024] FCAFC 36
| SUPERANNUATION -- appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a |
| Date: 19 Mar 2024 Judge: O'CALLAGHAN, ANDERSON AND MCELWAINE JJ |
96. Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCAFC 25
| CORPORATIONS - application made by the Australian Securities and Investments Commission (ASIC) under s 70(3) of the Australian Securities and Investments Act 2001 (Cth) (ASIC Act) - where failure to comply with notice issued pursuant to s 33(1) of |
| Date: 22 Feb 2024 Judge: LEE, ANDERSON AND MCELWAINE JJ |
| CORPORATIONS - whether winding up in insolvency proceeding brought pursuant to Pt 5.4 of the Corporations Act 2001 (Cth) (Act) dismissed by operation of s 459R of the Act - where proceeding was commenced on 13 November 2020 - where order was made |
| Date: 20 Feb 2024 Judge: MCELWAINE J |
98. Scarati v Republic of Italy (No 3) [2024] FCA 55
| INDUSTRIAL LAW - determination of compensation and penalties for breaches of the Clerks - Private Sector Award 2010 and ss 45 and 535 of the Fair Work Act 2009 (Cth) (FW Act) - application for compensation pursuant to s 545(2)(b) of the FW Act - |
| Date: 8 Feb 2024 Judge: MCELWAINE J |
99. CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5
| CORPORATIONS - application for leave to appeal from orders made by primary judge dismissing application under s 423 of the Corporations Act 2001 (Cth) (Act) - whether primary judge applied the wrong test under s 423(1)(b) of the Act - whether |
| Date: 7 Feb 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
100. Hardy, in the matter of Greencare Developments Pty Ltd (Administrators Appointed) [2024] FCA 44
| CORPORATIONS - Companies under administration -Application for orders pursuant to s 44B(8) of the Corporations Act 2001 (Cth) seeking an extension of time during which the administrators are excused for liability in relation to leased premises - |
| Date: 2 Feb 2024 Judge: MCELWAINE J |
