Browse Federal Court JudgmentsBy Judge - McElwaine J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
9. 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 |
10. 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 |
13. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
37. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
46. 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 |
47. 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 |
48. 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 |
49. BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Federal Circuit Court of Australia - where the appellant applied to the Federal Circuit Court |
| Date: 29 Jan 2024 Judge: MURPHY, O'SULLIVAN AND MCELWAINE JJ |
| INDUSTRIAL LAW - Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - whether primary judge erred in finding visitor entry and conduct requirements were occupational health and safety requirements for the |
| Date: 29 Jan 2024 Judge: HALLEY, GOODMAN AND MCELWAINE JJ |
51. Scott v NIMLAW Pty Ltd [2024] FCA 26
| BANKRUPTCY - Application for leave to appeal from interlocutory judgment of the Federal Court of Australia - where applicant sought a stay of orders dismissing her application to set aside a bankruptcy notice pending determination of an appeal - |
| Date: 25 Jan 2024 Judge: MCELWAINE J |
52. Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633
| CONSUMER LAW - Where accommodation prices for Australian properties were displayed to some Australian consumers without clear indication that the price was in USD - conduct affecting approximately 63,000 consumers and approximately 77,000 |
| Date: 20 Dec 2023 Judge: MCELWAINE J |
53. Elanor Funds Management Ltd v Alceon Group Pty Ltd (No 2) [2023] FCA 1608
| COSTS - application by respondents for indemnity costs on the basis of pre-litigation and Calderbank correspondence - indemnity costs awarded to each respondent EVIDENCE - Admissibility of settlement proposal made at mediation - where mediation was |
| Date: 15 Dec 2023 Judge: MCELWAINE J |
| COSTS - application for costs following dismissal of proceedings - whether there should be a departure from the usual rule that costs follow the event due to public interest litigation - whether two sets of costs should be ordered where proponent |
| Date: 7 Dec 2023 Judge: MCELWAINE J |
| COSTS - application for costs on a solicitor and client basis following dismissal of proceedings - where proceedings caused by a director of a company in receivership - where dismissal due to failure by director to provide security for costs - where |
| Date: 7 Dec 2023 Judge: MCELWAINE J |
56. Descon Group Australia Pty Ltd v Rodd [2023] FCA 1494
| COSTS -application for leave to appeal and appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2)- where primary judge made an order for indemnity costs against first applicant and second applicant, being the first |
| Date: 29 Nov 2023 Judge: MCELWAINE J |
57. Abuuh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1492
| MIGRATION - application for a review of a decision of the Administrative Appeals Tribunal - where applicant's citizenship was revoked pursuant to s 34(2)(b) of the Australian Citizenship Act 2007 (Cth) - where citizenship was acquired shortly after |
| Date: 22 Nov 2023 Judge: MCELWAINE J |
58. Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178
| PATENTS - where invention claimed is a safety system for protection against falling drill rods in mining industry - construction - meaning of 'anchor member' - meaning of 'configured to be fixed in a proximal end region of the bore' PATENTS - |
| Date: 13 Nov 2023 Judge: PERRAM, NICHOLAS AND MCELWAINE JJ |
59. Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176
| COSTS - where successful intervener seeks his costs of the appeal - where intervention was necessary, efficient and of considerable assistance - appellant to pay costs of the respondents and intervener |
| Date: 6 Nov 2023 Judge: STEWART, MCELWAINE AND BUTTON JJ |
60. Warren v Chief Executive Officer, Services Australia [2023] FCA 1337
| PRACTICE AND PROCEDURE - Application for order pursuant to s 37AF(1)(b) of the Federal Court of Australia Act 1976 (Cth) - where documents were produced on a confidential basis to the Administrative Appeals Tribunal in support of the respondent's |
| Date: 3 Nov 2023 Judge: MCELWAINE J |
61. Efficient Pure Plumbing Pty Ltd v Warren [2023] FCA 1301
| BANKRUPTCY - De novo application for review of a sequestration order - multiple errors in bankruptcy notice and creditor's petition - amendment of the petition - whether satisfied that in truth and reality a debt is owing that exceeds the statutory |
| Date: 30 Oct 2023 Judge: MCELWAINE J |
62. Elanor Funds Management Ltd v Alceon Group Pty Ltd [2023] FCA 1291
| AUSTRALIAN CONSUMER LAW - where applicant alleges misleading and deceptive conduct on the part of the respondents in relation to the sale of Bluewater Square Shopping Centre - where applicant contends express and implied representations were made as |
| Date: 30 Oct 2023 Judge: MCELWAINE J |
63. 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 |
64. Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171
| MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - where appellant |
| Date: 20 Oct 2023 Judge: KATZMANN, O'BRYAN AND MCELWAINE JJ |
65. Gabriel v Titan Recruitment Pty Ltd [2023] FCA 1243
| INDUSTRIAL LAW - Application for extension of time to make a general protections court application pursuant to s 370 of the Fair Work Act 2009 (Cth) - application approximately 70 days out of time - where applicant has not sufficiently explained |
| Date: 18 Oct 2023 Judge: MCELWAINE J |
| ENVIRONMENTAL LAW - Application for judicial review of a Ministerial decision to confirm (and not revoke) a controlled action decision under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - where applicant alleges Minister |
| Date: 11 Oct 2023 Judge: MCELWAINE J |
| PRACTICE AND PROCEDURE - admissibility of evidence in application for judicial review pursuant to ss 5(1) and 11(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B(1) of the Judiciary Act 1903 (Cth) - where applicant |
| Date: 19 Sep 2023 Judge: MCELWAINE J |
| MIGRATION - application for review of decision by the Federal Circuit and Family Court of Australia (Division 2) - refusal of grant of a protection visa - whether primary judge erred in finding the Immigration Assessment Authority (IAA) had not |
| Date: 15 Sep 2023 Judge: MCELWAINE J |
69. Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076
| MIGRATION - application for review of a visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) - whether Administrative Appeals Tribunal (Tribunal) was required to have regard to Ministerial Direction that had been issued but |
| Date: 12 Sep 2023 Judge: MCELWAINE J |
| PRACTICE AND PROCEDURE - Application for extension of time for the provision of security for costs - where applicants' evidence is unsatisfactory - where inadequate explanation for failure to comply with order to provide security - where |
| Date: 8 Sep 2023 Judge: MCELWAINE J |
71. Mandalinic v Stone (Liquidator) [2023] FCAFC 146
| CORPORATIONS - application for leave to appeal and appeal from interlocutory decision of single judge - where the appellant, a director of a company in liquidation, filed an affidavit in Supreme Court of New South Wales proceedings commenced by the |
| Date: 4 Sep 2023 Judge: STEWART, MCELWAINE AND BUTTON JJ |
72. Lewer v Minister for Home Affairs [2023] FCAFC 121
| MIGRATION - appeal from a decision of the primary judge refusing the appellant's application for review of a visa cancellation pursuant to s 476A of the Migration Act 1958 (Cth) (Act) - where appellant's visa was cancelled pursuant to s 501(3)(b) of |
| Date: 4 Aug 2023 Judge: NICHOLAS, O'CALLAGHAN AND MCELWAINE JJ |
73. Knight v Commonwealth Ombudsman [2023] FCA 868
| PRACTICE AND PROCEDURE - application for extension of time for the filing of a notice of appeal from a decision made by the Administrative Appeals Tribunal - where application is 16 months out of time - where delay is very substantial and |
| Date: 31 Jul 2023 Judge: MCELWAINE J |
74. Pathmanathan v St John of God Healthcare Inc (No 4) [2023] FCA 817
| COSTS - application for indemnity costs, alternatively party and party costs - where applicant made unsubstantiated allegations of fraud and improper conduct - where applicant disregarded comments of judge in related proceeding and persisted with |
| Date: 21 Jul 2023 Judge: MCELWAINE J |
75. 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 |
76. Commissioner for Consumer Affairs (SA) v Star Plus Group Pty Ltd (in liq) [2023] FCA 778
| CONSUMER LAW - Application by regulator for declaratory and injunctive relief together with the imposition of pecuniary penalties for conduct by the respondents - where respondents posted fake consumer testimonials and reviews of their business to |
| Date: 11 Jul 2023 Judge: MCELWAINE J |
| MIGRATION - appeal from primary judge's decision in Federal Circuit Court affirming a decision of the Immigration Assessment Authority to affirm the refusal of a Safe Haven Enterprise Visa - whether primary judge misconstrued, misunderstood or |
| Date: 7 Jul 2023 Judge: MCELWAINE J |
78. Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726
| PRACTICE AND PROCEDURE - Application to amend originating application and statement of claim including joining new respondent pursuant to rr 8.21 and 9.05 of the Federal Court Rules 2011 (Cth) - consideration of whether amendment is permitted in |
| Date: 3 Jul 2023 Judge: MCELWAINE J |
79. Aquisite Pty Ltd v Moss (No 2) [2023] FCA 727
| CORPORATIONS - declaration that first defendant was a director in fact - judgment entered against first and third defendants with pre-judgment interest COSTS - application by plaintiff for indemnity costs against defendants by reason of Calderbank |
| Date: 30 Jun 2023 Judge: MCELWAINE J |
80. Dahdah v Platinum Distributors Australia Pty Ltd (Costs) [2023] FCAFC 102
| COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) (FW Act) - no reasonable prospects of success on the appeal - appeal instituted without reasonable cause (s 570(2)(a) of the FW Act) - maintenance of the appeal was an |
| Date: 30 Jun 2023 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
81. Beckett v Tax Practitioners Board [2023] FCAFC 100
| ADMINISTRATIVE LAW - appeal from primary judge decision dismissing an appeal from an Administrative Appeals Tribunal decision affirming a decision of the Tax Practitioners Board to terminate the appellant's tax agent registration- where Board found |
| Date: 28 Jun 2023 Judge: WHEELAHAN, MCELWAINE AND JACKMAN JJ |
82. Pathmanathan v St John of God Healthcare Inc (No 3) [2023] FCA 628
| HUMAN RIGHTS - Discrimination - application pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - where applicant's accreditation was suspended at the respondent's hospital - where applicant alleges unlawful discrimination by |
| Date: 13 Jun 2023 Judge: MCELWAINE J |
83. Okoh v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 81
| COSTS - where first respondent filed an interlocutory application before the substantial hearing seeking to vacate the hearing until a later date - where interlocutory application was brought after the applicant sought to amend the notice of appeal |
| Date: 26 May 2023 Judge: THOMAS, O'BRYAN AND MCELWAINE JJ |
84. Jones v Robson, as Trustee for the estate of Jones [2023] FCA 497
| BANKRUPTCY AND INSOLVENCY - Application pursuant to s 109(10) of the Bankruptcy Act 1966 (Cth) seeking the net balance of property held by the trustee in bankruptcy be applied to the admitted debt of the applicant - where applicant provided |
| Date: 22 May 2023 Judge: MCELWAINE J |
85. Zhao v Ausin Group (Australia) Pty Ltd (No 2) [2023] FCA 498
| COSTS - costs of discontinued proceeding - where each party seeks costs - whether presumption created by r 26.12(7) of the Federal Court Rules 2011 (Cth) is displaced - where first respondent acted unreasonably by failing to disclose the value of |
| Date: 22 May 2023 Judge: MCELWAINE J |
| MIGRATION - Appeal from a decision of the Federal Circuit Court of Australia - whether primary judge failed to find that Immigration Assessment Authority misunderstood or misapplied s 36(2)(a) and (aa) of the Migration Act 1958 (Cth) because it did |
| Date: 22 May 2023 Judge: MCELWAINE J |
87. Huber v CellOS Software Ltd (in liq) (No 2) [2023] FCA 459
| CORPORATIONS - Application to stay the liquidation of respondent until the determination of the appeal pursuant to s 482 of the Corporations Act 2001 (Cth) - application without merit - leave to appeal not granted - application dismissed PRACTICE |
| Date: 12 May 2023 Judge: MCELWAINE J |
88. Dahdah v Platinum Distributors Australia Pty Ltd [2023] FCAFC 65
| INDUSTRIAL LAW - claim for unpaid wages and entitlements under the Fair Work Act 2009 (Cth) - where primary judge's central findings based heavily upon findings as to credit - whether the primary judge erred by making findings contrary to |
| Date: 5 May 2023 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
89. Aquisite Pty Ltd v Moss [2023] FCA 410
| CORPORATIONS - application by assignee of liquidator - voidable transactions - insolvent trading - unfair preferences - unreasonable director-related transactions - uncommercial transactions - breach of fiduciary duty - whether first defendant is |
| Date: 5 May 2023 Judge: MCELWAINE J |
90. Henley Constructions Pty Ltd v Henley Arch Pty Ltd [2023] FCAFC 62
| TRADE MARKS - appeal - where primary judge found that the respondent's registered trade mark HENLEY was valid and infringed by the first appellant - whether primary judge erred in finding that HENLEY was capable of distinguishing the respondent's |
| Date: 28 Apr 2023 Judge: YATES, ROFE AND MCELWAINE JJ |
91. Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53
| MIGRATION - appeal from decision of a single judge of this Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) not to revoke mandatory cancellation under s 501CA(4) of the Migration Act |
| Date: 28 Mar 2023 Judge: THOMAS, O'BRYAN AND MCELWAINE JJ |
92. Ponraj v Wycombe Services Pty Ltd (No 2) [2023] FCA 272
| COSTS - whether an order for indemnity costs should be made - where respondent/cross-claimant made offers by Calderbank letters and notice of offer to compromise - where applicant/cross-respondent was unsuccessful in claim and cross-claim - |
| Date: 27 Mar 2023 Judge: MCELWAINE J |
93. Bianco (Trustee), in the matter of the bankrupt estate of Jones (Deceased) (No 2) [2023] FCA 271
| COSTS - costs of application by Trustees in bankruptcy for judicial advice - where proceedings were adversarial in nature - whether trustees' and/or interested persons' costs should be paid from the bankrupt estate - whether costs orders should be |
| Date: 27 Mar 2023 Judge: MCELWAINE J |
94. Australian Securities and Investments Commission v Piggott Wood &
| CORPORATIONS - application by liquidator of unregistered managed investment scheme for directions - whether s 601EE of the Corporations Act 2001 (Cth) permits the making of an order for the payment of unclaimed monies held by a liquidator of an |
| Date: 10 Mar 2023 Judge: MCELWAINE J |
| CONSUMER LAW - appeal from a decision of a single judge - statutory subrogation - whether s 177(3) of the Property, Stock and Business Agents Act 2002 (NSW) confers an independent, separate cause of action against a licensee to recover a statutory |
| Date: 10 Mar 2023 Judge: MARKOVIC, ANDERSON AND MCELWAINE JJ |
| MIGRATION - application for review of a decision of the Administrative Appeals Tribunal (Tribunal) - where applicant's visa was cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether the Tribunal failed to identify, understand and |
| Date: 3 Mar 2023 Judge: MCELWAINE J |
97. Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23
| ADMINISTRATIVE LAW - appeal from orders dismissing an application for review of Tribunal decision - Tribunal decision largely replicated respondent's submissions without attribution - requirement in merits review to consider application afresh - |
| Date: 2 Mar 2023 Judge: THAWLEY, MCELWAINE AND HESPE JJ |
| COSTS - where minority and majority shareholders opposed application by liquidator for judicial advice as to construction of a deed - where construction question resolved broadly in accordance with submissions of liquidator and minority shareholder - |
| Date: 1 Mar 2023 Judge: MCELWAINE J |
99. EOI20 v Child Support Registrar [2023] FCA 145
| ADMINISTRATIVE LAW - Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - application for judicial review of a child support decision of the Administrative Appeals Tribunal - whether primary judge erred in |
| Date: 1 Mar 2023 Judge: MCELWAINE J |
100. Ponraj v Wycombe Services Pty Ltd [2023] FCA 118
| HUMAN RIGHTS - disability discrimination - direct and/or indirect discrimination in employment by reason of temporary disability - where applicant contends direct discrimination by reason of respondent's refusal of his request to provide remote |
| Date: 22 Feb 2023 Judge: MCELWAINE J |
