Browse Federal Court JudgmentsBy Judge - McEvoy J |
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(McEvoy
J)
: 117
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1. Harris v Military Rehabilitation and Compensation Commission [2025] FCA 381
| ADMINISTRATIVE LAW – application for review under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – application for review under ss 5 and 6 of the Administrative Decisions (Judicial Review Act 1977 (Cth) – application under s 39B of |
| Date: 17 Apr 2025 Judge: MCEVOY J |
| COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause |
| Date: 11 Apr 2025 Judge: PERRY, MCEVOY AND MCDONALD JJ |
| CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial |
| Date: 9 Apr 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
4. 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 |
5. Badenoch Integrated Logging Pty Ltd v Bryant [2025] FCAFC 31
| COSTS – where liquidators sought costs order in their favour and company sought orders that the costs of the appeals be costs in the winding up proceeding – order made for company to pay liquidators’ costs of the appeals |
| Date: 21 Mar 2025 Judge: O'CALLAGHAN, MCEVOY AND NESKOVCIN JJ |
| CORPORATIONS – application for extension of convening period pursuant to ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) – complex administration with active sale process underway – convening period extended |
| Date: 14 Mar 2025 Judge: MCEVOY J |
| CORPORATIONS – where liquidators sought orders pursuant to s 588FF of the Corporations Act 2001 (Cth) – where company is presumed insolvent – failure to keep financial records pursuant to 286(2) of the Corporations Act – payment of sums of |
| Date: 13 Mar 2025 Judge: MCEVOY J |
| PRACTICE AND PROCEDURE – discontinuation of proceedings – where respondents have not engaged in proceedings – application for leave pursuant to r 26.12 of the Federal Court Rules 2011 (Cth) – where applicant seeks orders that parties pay |
| Date: 12 Mar 2025 Judge: MCEVOY J |
9. McPartland v Commissioner of Taxation [2025] FCAFC 23
| TAXATION – appeal from judgment upholding Tribunal decision in relation to default assessments made under s 167 of the Income Tax Assessment Act 1936 (Cth) – whether primary judge erred in dismissing appeal – whether taxpayers had discharged |
| Date: 12 Mar 2025 Judge: GOODMAN, O'SULLIVAN AND MCEVOY JJ |
10. Fairfield Pastoral Holdings as the trustee of the Piney Ridge Trust v Van Niekerk [2025] FCAFC 25
| ESTOPPEL – Res judicata – issue estoppel – Anshun estoppel – where primary judge concluded that Anshun preclusion doctrine prevented claim being raised in subsequent proceedings – where leave had previously been granted to raise claim in |
| Date: 12 Mar 2025 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
| NATIVE TITLE - Application to remove indigenous respondents from claim for determination of native title under s 84(8) of the Native Title Act 1993 (Cth) - where respondents' interests in the claim area would be recognised in a proposed minute of |
| Date: 27 Feb 2025 Judge: MCEVOY J |
12. 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 |
13. Baya Casal v Deputy Commissioner of Taxation [2025] FCA 87
| TAXATION - decision of the Deputy Commissioner of Taxation that the applicant's position was genuinely redundant pursuant to s 83-175(1) of the Income Tax Assessment Act 1997 (Cth) - where objection decision confirmed private ruling - appeal from |
| Date: 18 Feb 2025 Judge: MCEVOY J |
| INSURANCE - liability insurance - composite policy held by Uniting Church of Australia covering all entities, persons and associations within it - cover sought in respect of liability to students of Knox Grammar School for sexual abuse by teachers - |
| Date: 7 Feb 2025 Judge: DERRINGTON, COLVIN AND MCEVOY JJ |
15. Goodin, in the matter of Goodin [2024] FCA 1512
| BANKRUPTCY AND INSOLVENCY - application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a trustee of the regulated debtors' estates and for the subsequent appointment of a replacement registered trustee in bankruptcy - |
| Date: 20 Dec 2024 Judge: MCEVOY J |
16. Collie v Commissioner of Taxation [2024] FCAFC 172
| TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal failed to give |
| Date: 19 Dec 2024 Judge: O'CALLAGHAN, MCEVOY and NEEDHAM JJ |
17. Grant v Commissioner of Taxation [2024] FCAFC 173
| TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal made findings |
| Date: 19 Dec 2024 Judge: O'CALLAGHAN, MCEVOY AND NEEDHAM JJ |
18. Micheletto (liquidator), in the matter of Rogers Property Holdings Pty Ltd (in liq) [2024] FCA 1463
| CORPORATIONS - company in liquidation was trustee of a trust prior to liquidation - company now bare trustee of property of the trust - application by liquidator to be appointed as receiver of trust property - judicial advice sought that liquidators |
| Date: 17 Dec 2024 Judge: MCEVOY J |
19. Kelly v National Disability Insurance Agency [2024] FCA 1462
| ADMINISTRATIVE LAW - whether r 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 is valid - meaning of "permanent" in s 24(1)(b) of the National Disability Insurance Scheme Act 2013 (Cth) - whether Tribunal erred in |
| Date: 17 Dec 2024 Judge: MCEVOY J |
20. Badenoch Integrated Logging Pty Ltd v Bryant [2024] FCAFC 167
| CORPORATIONS - whether an extension order made under s 459R needs to specify a definite period within which an application to wind up in insolvency must be determined - whether the primary judge erred in refusing to amend the extension order to |
| Date: 16 Dec 2024 Judge: O'CALLAGHAN, MCEVOY and NESKOVCIN JJ |
21. Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163
| MIGRATION - whether Tribunal had made an implied determination pursuant to Direction 90 about whether non-revocation of visa cancellation was in the best interests of minor children - determination found to have been made - notice of contention |
| Date: 13 Dec 2024 Judge: BURLEY, MCEVOY and NEEDHAM JJ |
| CONTRACTS - appeal from dismissal of application for damages for breach or repudiation of contract - where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemptions - |
| Date: 11 Dec 2024 Judge: PERRY, MCEVOY and MCDONALD JJ |
23. Ferdinands v Registrar Burns (Vexatious Proceedings Order) [2024] FCAFC 157
| HIGH COURT AND FEDERAL COURT - vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - where the applicant has instituted or sought to institute numerous proceedings in this and other courts over prolonged |
| Date: 9 Dec 2024 Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
24. Hun v Aljazeera International (Malaysia) SDN BHD (No 3) [2024] FCA 1261
| DEFAMATION - practice and procedure - application seeking leave to file amended defence - application to strike out defences of justification and public interest - whether particulars could support proposed defences of justification and public |
| Date: 31 Oct 2024 Judge: MCEVOY J |
25. Illin on behalf of the Bindal People #2 v State of Queensland [2024] FCA 1242
| NATIVE TITLE - application for amendment of claim - whether reconstituted claim group given a reasonable opportunity to participate in decision-making process - whether applicant is authorised to conduct amended claim - discussion of authorisation |
| Date: 25 Oct 2024 Judge: MCEVOY J |
26. RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 108
| MIGRATION - appeal - where Administrative Appeals Tribunal affirmed Minister's decision not to revoke cancellation of visa -Tribunal determined it was not satisfied that there was "another reason" to revoke the cancellation of appellant's visa under |
| Date: 23 Aug 2024 Judge: MURPHY, ABRAHAM AND MCEVOY JJ |
27. Victorian Institute of Teaching v Rachelle [2024] FCA 958
| ADMINISTRATIVE LAW - where reinstatement of cancelled registration is refused under s 32(2) of the Trans Tasman Mutual Recognition Act 1997 (Cth) by the Victorian Institute of Teaching - review of decision by the Administrative Appeals Tribunal - |
| Date: 23 Aug 2024 Judge: MCEVOY J |
28. Ferdinands v Registrar Burns [2024] FCAFC 105
| ADMINISTRATIVE LAW - concurrent appeals - where appellant lodged documents for filing on two separate occasions - where a Registrar on each occasion refused under r 2.26 of the Federal Court Rules 2011 (Cth) to accept the documents for filing - |
| Date: 21 Aug 2024 Judge: CHEESEMAN, GOODMAN, MCEVOY JJ |
29. Algeri, in the matter of Gem Management Group Pty Ltd (in liq) (No 2) [2024] FCA 940
| BANKRUPTCY AND INSOLVENCY - Application under s 90-15 of the Insolvency Practice Schedule (Corporations) contained in Schedule 2 of the Corporations Act 2001 (Cth) - where no investor wishes to be heard in respect of the application - where |
| Date: 20 Aug 2024 Judge: MCEVOY J |
30. AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 103
| MIGRATION - appeal - where appellant was initially refused a protection visa on character grounds but Administrative Appeals Tribunal decided the appellant should be granted that visa - where the Minister decided under s 501A(2) of the Migration Act |
| Date: 20 Aug 2024 Judge: MURPHY, STEWART AND MCEVOY JJ |
31. Wilczynski v Oknalux Pty Ltd [2024] FCA 907
| PRACTICE AND PROCEDURE - where appeal is filed in relation to costs orders - no application for leave to appeal - appeal dismissed as not competent |
| Date: 13 Aug 2024 Judge: MCEVOY J |
32. 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 |
33. NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 101
| MIGRATION - appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal - whether the primary judge found an error on the part of the Tribunal - whether error material - no error found by the |
| Date: 2 Aug 2024 Judge: ANDERSON, ROFE AND MCEVOY JJ |
34. Moradi v Comcare [2024] FCA 812
| WORKERS' COMPENSATION - "Injury" - interpreter deployed to Nauru - deployment terminated prematurely - whether liability to pay compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether Comcare can rely on the |
| Date: 24 Jul 2024 Judge: MCEVOY J |
35. Patrick v Australian Information Commissioner [2024] FCAFC 93
| ADMINISTRATIVE LAW - the appellant sought a declaration that the legal limits of the Australian Information Commissioner's authority have been exceeded and his right to an Information Commissioner review unlawfully delayed - where the appellant had |
| Date: 11 Jul 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
36. Australian Securities and Investments Commission v iSignthis Limited [2024] FCA 669
| CORPORATIONS - continuous disclosure - alleged contraventions of ss 674(2) and 1041H of the Corporations Act 2001 (Cth) - whether the company (iSignthis Limited) engaged in conduct, in relation to a financial product or a financial service, that was |
| Date: 21 Jun 2024 Judge: MCEVOY J |
37. Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 70
| MIGRATION - appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal - where unarticulated claim of a "health issue" as an impediment if removed said to have emerged before Tribunal - where |
| Date: 3 Jun 2024 Judge: SNADEN, DOWNES AND MCEVOY JJ |
38. Trygve, in the matter of Pacquola Group Pty Ltd (Administrator Appointed) [2024] FCA 393
| BANKRUPTCY AND INSOLVENCY - Application under s 90-15 of the Insolvency Practice Schedule (Corporations) contained in Schedule 2 of the Corporations Act 2001 (Cth) - where a resolution was passed in favour of a deed of company arrangement proposal - |
| Date: 17 Apr 2024 Judge: MCEVOY J |
39. Buzadzic v Commissioner of Taxation [2024] FCAFC 50
| TAXATION - where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation's decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall |
| Date: 17 Apr 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
40. Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353
| CORPORATIONS - where defendant holds an Australian financial services licence - where defendant operates a business of authorising companies and individuals to operate as corporate authorised representatives and authorised representatives under its |
| Date: 10 Apr 2024 Judge: MCEVOY J |
41. Bester, in the matter of Mirror Trading (Pty) Ltd (in liquidation) [2024] FCA 305
| BANKRUPTCY AND INSOLVENCY - application for "shelf order" pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) in the context of a Ponzi-type scheme - company placed into liquidation by High Court of South Africa - application granted - |
| Date: 27 Mar 2024 Judge: MCEVOY J |
| PRACTICE AND PROCEDURE - application by second defendant to uphold subpoenas issued to third parties and notice to produce issued to the first defendant - review of decision made by a Registrar to set aside certain subpoenas and parts of notice to |
| Date: 22 Mar 2024 Judge: MCEVOY J |
43. Kidd v Kwek (No 2) [2024] FCA 194
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) - where second, third and fourth respondents have failed to comply with Court orders and failed to appear - where second, third |
| Date: 1 Mar 2024 Judge: MCEVOY J |
44. NDBR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 168
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - Tribunal affirmed decision of Minister's delegate to refuse to grant a Temporary Protection (Class XD) visa pursuant to s 501(1) of the Migration Act |
| Date: 1 Mar 2024 Judge: MCEVOY J |
45. Von Risefer v Blue Cube Developments Pty Ltd [2024] FCAFC 12
| BANKRUPTCY -- sequestration order made by a Registrar and affirmed by primary judge - where no reason to go behind the judgment debt - sequestration order affirmed - no irregularities or breach of procedural requirements - adequate service of |
| Date: 16 Feb 2024 Judge: WHEELAHAN, Anderson and MCEVOY JJ |
| EVIDENCE - whether voluminous or complex evidence can be adduced in summary tables pursuant to s 50 of the Evidence Act 1995 (Cth) - consideration of relevant principless - application allowed. |
| Date: 21 Dec 2023 Judge: MCEVOY J |
47. Australia and New Zealand Banking Group Limited v State of Victoria [2023] FCA 1640
| BANKRUPTCY - application by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale - application for order under s 133(9) of the Bankruptcy Act 1966 (Cth) vesting property in mortgagee - effect of disclaimer by trustee in |
| Date: 20 Dec 2023 Judge: MCEVOY J |
48. Chen v Birbilis [2023] FCA 1644
| PRACTICE AND PROCEDURE - primary judge summarily dismissed proceedings - applicant sought an extension of time for leave to appeal over six years later - whether extension of time should be granted to seek leave to appeal primary judge's decision - |
| Date: 20 Dec 2023 Judge: MCEVOY J |
49. Colbran, in the matter of Balsub Pty Ltd (in liquidation) [2023] FCA 1635
| BANKRUPTCY AND INSOLVENCY - Application under s 90-15 of the Insolvency Practice Schedule (Corporations) contained in Schedule 2 of the Corporations Act 2001 (Cth) - Where there is no contradictor despite liquidator's reasonable efforts - Where |
| Date: 19 Dec 2023 Judge: MCEVOY J |
50. BJI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1632
| MIGRATION - application for judicial review of decision of the Minister - decision of the Minister not to revoke a mandatory cancellation of absorbed person visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) - whether Minister failed to |
| Date: 19 Dec 2023 Judge: MCEVOY J |
51. Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198
| PRACTICE AND PROCEDURE - leave to appeal - primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) - primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations |
| Date: 13 Dec 2023 Judge: ANDERSON, MCEVOY AND BUTTON JJ |
52. QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195
| PRACTICE AND PROCEDURE - where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court - where grounds contended before primary judge and first Full Court abandoned and appellant |
| Date: 12 Dec 2023 Judge: KATZMANN, O'CALLAGHAN AND MCEVOY JJ |
53. Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546
| COSTS - where applicant in defamation proceedings successfully resisted interlocutory applications brought by the respondents seeking orders pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) to determine the serious harm element of the tort |
| Date: 6 Dec 2023 Judge: MCEVOY J |
54. Forrest on behalf of the Kakarra Part B Claim Group v State of Western Australia [2023] FCA 1461
| NATIVE TITLE - consent determination of native title - agreement of the parties - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders |
| Date: 29 Nov 2023 Judge: MCEVOY J |
| NATIVE TITLE - consent determination of native title - agreement of the parties - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders |
| Date: 28 Nov 2023 Judge: MCEVOY J |
| CORPORATIONS - where defendant holds an Australian financial services licence - defendant contravened ss 962P, 962S(1), 912A(1)(a) and (c) of the Corporations Act 2001 (Cth) and ss 12DB(1)(a), (e) and (i) of the Australian Securities and Investments |
| Date: 23 Nov 2023 Judge: MCEVOY J |
| BANKRUPTCY AND INSOLVENCY - cross-border insolvency - Swiss liquidation proceeding - application for recognition as a foreign proceeding and foreign main proceeding pursuant articles 15, 17 and 21 the Model Law on Cross-Border Insolvency of the |
| Date: 3 Nov 2023 Judge: MCEVOY J |
58. Hamilton (Liquidator), in the matter of Greenleaf (Tas) Pty Ltd (in liq) [2023] FCA 1380
| CORPORATIONS - insolvency - trustee company -application by liquidator of trustee company for appointment as a receiver of trust property - where trustee company ceased to be the trustee upon appointment of administrators - where assets and |
| Date: 2 Nov 2023 Judge: MCEVOY J |
59. Goodin, In the matter of Regulated Debtors' Estates [2023] FCA 1325
| BANKRUPTCY AND INSOLVENCY - Application for appointment of special purpose trustees, administrators and liquidators - Section 90-15 of Schedule 2 to the Bankruptcy Act 1966 (Cth) - Orders appointing joint and several special purpose trustees, |
| Date: 2 Nov 2023 Judge: MCEVOY J |
| CORPORATIONS - application for second extension of convening period under s 477A of the Corporations Act 2001 (Cth) - complex administration with active sale process underway - convening period extended further |
| Date: 26 Oct 2023 Judge: MCEVOY J |
| PRACTICE AND PROCEDURE - application pursuant to Articles 15, 17 and 21 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, the Cross-Border Insolvency Act 2008 (Cth) and s 581(2) of the |
| Date: 16 Oct 2023 Judge: MCEVOY J |
62. Gale v Australian Financial Complaints Authority (No 2) [2023] FCA 1125
| COSTS - application by successful party for indemnity costs against the respondent Australian Financial Complaints Authority and trustee - where both respondents filed submitting notices save as to costs - Hardiman principle considered - public |
| Date: 21 Sep 2023 Judge: MCEVOY J |
63. Raffin v Modern Assets Australia Pty Ltd [2023] FCA 1130
| COSTS - review of Registrar's orders that costs of interlocutory application be paid forthwith - whether costs should be paid forthwith - whether to award indemnity costs - order that costs be paid forthwith on a party and party basis |
| Date: 21 Sep 2023 Judge: MCEVOY J |
64. DXJL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1124
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - Tribunal affirmed decision of Minister's delegate not to revoke the mandatory cancellation of the applicant's visa pursuant to s 501CA(4) of the |
| Date: 21 Sep 2023 Judge: MCEVOY J |
65. Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103
| DEFAMATION - where the applicant has brought two separate proceedings for defamation - applications by respondents in both proceedings seeking orders pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) to determine the serious harm element as |
| Date: 15 Sep 2023 Judge: MCEVOY J |
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to cancel |
| Date: 25 Aug 2023 Judge: MCEVOY J |
| MIGRATION - application for extension of time pursuant to s 477A of the Migration Act 1958 (Cth) to seek judicial review of decision of the Administrative Appeals Tribunal - where decision of Tribunal was irrational or legally unreasonable - |
| Date: 22 Aug 2023 Judge: MCEVOY J |
| ADMINISTRATIVE LAW - Citizenship - appeal from declaration of primary judge of this Court - where primary judge declared that Australian-born child of foreign nationals had been an Australian citizen since his 10th birthday by reason of s 12(1)(b) |
| Date: 15 Aug 2023 Judge: LOGAN, BURLEY AND MCEVOY JJ |
69. Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165
| PRACTICE AND PROCEDURE - application for leave to appeal two interlocutory applications - where the Federal Circuit and Family Court dismissed an application to further amend the statement of claim and application for discovery - where the draft |
| Date: 15 Aug 2023 Judge: LOGAN, MEAGHER AND MCEVOY JJ |
70. Georges (Liquidator), in the Matter of SIRA Pty Ltd (In Liquidation) [2023] FCA 766
| PRACTICE AND PROCEDURE - external administration matter - request for foreign court to act in aid of and be auxiliary to this court - s 581(4) of the Corporations Act 2001 (Cth) - request for assistance from Supreme Court of Singapore - where |
| Date: 6 Jul 2023 Judge: MCEVOY J |
| MORTGAGES AND SECURITIES - where trustee company legally owned land which was the subject of three registered mortgages - company defaulted and went into liquidation - application by liquidators for orders in relation to trust assets - cross claims |
| Date: 5 Jul 2023 Judge: MCEVOY J |
| MIGRATION - where the appellant claimed there was 'another reason' under s 501CA(4)(b)(ii) of Migration Act 1958 (Cth) to revoke the mandatory cancellation of his visa and the Administrative Appeals Tribunal affirmed the decision of the Minister's |
| Date: 26 Jun 2023 Judge: KATZMANN, JACKSON AND MCEVOY JJ |
73. Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88
| COSTS - question of costs reserved after appeal proceedings - where costs of proceedings before the Federal Circuit and Family Court of Australia (Division 2) are to be determined due to a costs order being set aside for clarity reasons - whether |
| Date: 7 Jun 2023 Judge: BROMWICH, CHEESEMAN, MCEVOY JJ |
74. Gale v Australian Financial Complaints Authority [2023] FCA 470
| SUPERANNUATION - appeal from a decision of the Australian Financial Complaints Authority - the Authority approved a decision of the second respondent (Trustee) that the applicant was not entitled to a pension payable from his superannuation fund |
| Date: 15 May 2023 Judge: MCEVOY J |
| CORPORATIONS - application for extension of convening period under s 439A(6) of the Corporations Act 2001 (Cth) - complex administration with active sale process underway - convening period extended |
| Date: 5 May 2023 Judge: MCEVOY J |
| CORPORATIONS - administration - where administrators are voluntarily appointed to the second to fifth plaintiff companies - where the companies act solely as trustees for their respective trusts and hold property only in this capacity - where the |
| Date: 28 Apr 2023 Judge: MCEVOY J |
| HUMAN RIGHTS - claim for discrimination in provision of education - applicant suffers from a range of disabilities including Autism Spectrum Disorder - application by litigation representative for approval of settlement - whether application is |
| Date: 5 Apr 2023 Judge: MCEVOY J |
| PRACTICE AND PROCECDURE - security for costs - general principles - review of Registrar's decision - where application for security delayed - where prior application for security for costs dismissed - significance of delay and other relevant factors |
| Date: 29 Mar 2023 Judge: MCEVOY J |
79. Neagoe v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 273
| MIGRATION - purported appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) not to extend time under s 477(2) of the Migration Act 1958 (Cth) - notice of objection to competency based on absence of appellate |
| Date: 24 Mar 2023 Judge: MCEVOY J |
| PRACTICE AND PROCEDURE - whether orders should be made for expert witness conclaves facilitated by a Registrar of the Court - applicant opposes proposed expert witness conclaves on the basis that the respondent's expert has no specialised knowledge |
| Date: 23 Feb 2023 Judge: MCEVOY J |
81. Koadlow v Atkins [2023] FCA 136
| PRACTICE AND PROCEDURE - whether a self-executing order should be made striking out the respondents' defence and giving judgment on liability against them if outlines of evidence for trial not filed by respondents by a particular date and time - |
| Date: 23 Feb 2023 Judge: MCEVOY J |
| PRACTICE AND PROCEDURE - freezing orders over assets and ancillary orders - where freezing orders had previously been made against certain defendants - where there is evidence that the defendant to the proposed additional freezing order is the |
| Date: 23 Feb 2023 Judge: MCEVOY J |
83. Frugtniet v Australian Securities and Investments Commission [2023] FCAFC 14
| ADMINISTRATIVE LAW - appeal from a decision of the second respondent (Tribunal) to uphold a decision of a delegate of the first respondent (ASIC) to make a banning order under the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) - where |
| Date: 17 Feb 2023 Judge: MARKOVIC, MCELWAINE AND MCEVOY JJ |
84. EPU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 49
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant a |
| Date: 3 Feb 2023 Judge: MCEVOY J |
85. Spooner, in the matter of Wengen Pty Ltd (in liquidation) (No 2) [2023] FCA 32
| CORPORATIONS - winding up - release of liquidator -where liquidator's investigations reveal no further potential creditors - where the creditors of the company have been notified and have raised no objections - application by liquidator under s 480(d |
| Date: 30 Jan 2023 Judge: MCEVOY J |
| MIGRATION - appeal from an order of a primary judge of this Court - where the primary judge upheld a decision of the Administrative Appeals Tribunal to affirm a decision made by a delegate of the Minister to refuse to grant a partner visa - whether |
| Date: 14 Dec 2022 Judge: BROMBERG, O'CALLAGHAN AND MCEVOY JJ |
87. Praljak v Bond University Limited [2022] FCA 1439
| HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - leave refused PRACTICE AND PROCEDURE - application to set aside originating application - application for summary judgment on the |
| Date: 30 Nov 2022 Judge: MCEVOY J |
88. Praljak v Commonwealth of Australia (Federal Court of Australia) [2022] FCA 1438
| HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - applicant claims the respondents did not organise him legal representation, that the second respondent failed to disclose conflict of |
| Date: 30 Nov 2022 Judge: MCEVOY J |
89. Praljak v State of Queensland [2022] FCA 1437
| HUMAN RIGHTS - separate question - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - where applicant complained to the Australian Human Rights Commission of unlawful discrimination by respondent on |
| Date: 30 Nov 2022 Judge: MCEVOY J |
90. Century Legend Pty Ltd v Ripani [2022] FCAFC 191
| CONSUMER LAW - misleading and deceptive conduct - contract of sale for apartment sold "off-the-plan" - where primary judge found render contained in marketing materials misleading and deceptive - whether the primary judge erred in rejecting the |
| Date: 30 Nov 2022 Judge: MARKOVIC, MCELWAINE AND MCEVOY JJ |
91. Wan v BT Funds Management Limited [2022] FCAFC 189
| SUPERANNUATION - whether the primary judge and the Australian Financial Complaints Authority erred in accepting that the decision of the trustee of a superannuation fund to distribute a member's superannuation death benefit to his estate rather than |
| Date: 29 Nov 2022 Judge: MARKOVIC, MCELWAINE AND MCEVOY jJ |
92. 4th Dimension Transport Pty Ltd v Australian Couriers Pty Ltd [2022] FCA 1500
| PRACTICE AND PROCEDURE - application for interlocutory mandatory injunction - alleged failure of franchisor to "procure" a subsidiary franchisee to accept and deliver certain parcels, being flat-pack furniture, from the plaintiff franchisee, |
| Date: 28 Nov 2022 Judge: MCEVOY J |
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - Tribunal affirmed decision of Minister's delegate not to revoke a mandatory cancellation of a special category (subclass 444) visa pursuant to s 501CA(4) |
| Date: 25 Nov 2022 Judge: MCEVOY J |
94. Kimber v Clark in his capacity as trustee of the property of Kimber [2022] FCAFC 198
| BANKRUPTCY - appeal from orders made by a judge of the (former) Federal Circuit Court of Australia - where there was an application for orders to facilitate the sale of real property to complete the administration of the bankrupt estate - where |
| Date: 16 Nov 2022 Judge: BROMWICH, CHEESEMAN AND MCEVOY JJ |
95. Devanesan v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1366
| MIGRATION - application for extension of time and leave to appeal from interlocutory decision in Federal Circuit Court of Australia - primary judge dismissed application to reinstate applicant's judicial review application - applicant provides no |
| Date: 15 Nov 2022 Judge: MCEVOY J |
96. Manuel v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1354
| MIGRATION - judicial review of decision of the Administrative Appeals Tribunal - where Tribunal failed to consider evidence relevant to its determination of whether there was "another reason" to revoke the mandatory cancellation of the applicant's |
| Date: 11 Nov 2022 Judge: MCEVOY J |
97. Michell v Cvetkovic [2022] FCA 1295
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) - where defendant has taken no active part in the proceeding - where defendant has failed to file notice of address for service |
| Date: 28 Oct 2022 Judge: MCEVOY J |
98. Tucker v Broderick [2022] FCAFC 174
| INDUSTRIAL RELATIONS - appeal from orders summarily dismissing proceeding pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) - primary judge determined that claims in the Federal Court were plainly founded on an issue already pleaded and |
| Date: 28 Oct 2022 Judge: BROMBERG, BROMWICH AND MCEVOY JJ |
99. RLXN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1277
| MIGRATION - judicial review of decision of the Administrative Appeals Tribunal - where Tribunal was required by Direction 90 to weigh Australia's non- refoulement obligations in its decision with certain primary considerations - where Minister |
| Date: 26 Oct 2022 Judge: MCEVOY J |
100. Vouris, in the matter of Zivaust Pty Ltd (in liq) [2022] FCA 1325
| CORPORATIONS - liquidation - orders made allowing a bare trustee to deal with trust assets - where a settlement deed between disputing stakeholders has been entered into during the course of liquidation - where the settlement deed resolves all |
| Date: 25 Oct 2022 Judge: MCEVOY J |
