Browse Federal Court JudgmentsBy Judge - Meagher J |
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1. Quach v Registrar of Trade Marks [2025] FCA 311
| TRADE MARKS – Intellectual property – Application for Registration – Registration of Trade Mark – Opposition to Registration – Assignment CONSTITUTIONAL LAW – Power to register a trade mark – Whether a judicial power – Whether |
| Date: 3 Apr 2025 Judge: MEAGHER J |
| CORPORATIONS – Application pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs may commence proceedings under s 588FF(1) of the Act – Voidable transactions – Insolvency – Liquidation |
| Date: 20 Mar 2025 Judge: MEAGHER J |
| INDUSTRIAL LAW – Employment – Termination of employment – Adverse action – Exercise of a workplace right – Reinstatement of employee – Interlocutory relief EVIDENCE – Admissibility – Objection to – Hearsay – Unfairly Prejudicial |
| Date: 5 Mar 2025 Judge: MEAGHER J |
4. Thompson v Registar Ellis [2025] FCA 296
| PRACTICE AND PROCEDURE – Appeal – Recusal – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding |
| Date: 17 Feb 2025 Judge: MEAGHER J |
5. Thompson v Lane [2025] FCA 297
| PRACTICE AND PROCEDURE – Application – Leave to appeal – Recusal – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the |
| Date: 17 Feb 2025 Judge: MEAGHER J |
6. Firme v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 60
| MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the mandatory cancellation of the applicant's visa - |
| Date: 7 Feb 2025 Judge: MEAGHER J |
7. Australian Securities and Investments Commission v Macleod [2024] FCAFC 174
| PRIVILEGE - legal professional privilege - third party report - investigation into accounting issues - whether report was created for the dominant purpose of providing legal advice PRIVILEGE - waiver - implied waiver - whether voluntary disclosure |
| Date: 20 Dec 2024 Judge: BURLEY, ANDERSON AND MEAGHER JJ |
8. Pillay v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1465
| MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where Tribunal affirmed the decision of a delegate of the Minister to not revoke the mandatory cancellation of the applicant's visa - |
| Date: 17 Dec 2024 Judge: MEAGHER J |
9. Hix Investment Pty Ltd v Wong [2024] FCA 1461
| PRACTICE AND PROCEDURE - application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products - where the applicant alleges the respondents copied the plans and 3D images in the portable homes |
| Date: 16 Dec 2024 Judge: MEAGHER J |
10. Crocker, in the Matter of Debra Ann Crocker [2024] FCA 1423
| PRACTICE AND PROCEDURE - application for leave to institute proceeding where applicant subject to vexatious proceeding order - whether supporting affidavits substantially comply with statutory requirements - whether proposed proceedings are |
| Date: 12 Dec 2024 Judge: MEAGHER J |
11. Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161
| INDUSTRIAL LAW - appeal from judgment of a single judge dismissing application for judicial review of a decision of a Full Bench of the Fair Work Commission (the "Commission") - where appellant engaged under a series of fixed-term contracts - where |
| Date: 12 Dec 2024 Judge: SNADEN, MEAGHER AND NEEDHAM JJ |
12. Queensland Building and Construction Commission v Mead [2024] FCA 1355
| BANKRUPTCY - Sequestration order made by a registrar - Application made by respondent for review of sequestration order - Where defects in documents alleged - Whether the respondent was ordinarily resident or had a dwelling house in Australia - |
| Date: 25 Nov 2024 Judge: MEAGHER J |
13. Dayadaya v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1284
| MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where Tribunal affirmed the decision of a delegate of the Minister to cancel the applicant's visa pursuant to s 501(2) of the Migration Act |
| Date: 7 Nov 2024 Judge: MEAGHER J |
14. Corporation of the City of Adelaide v Cosenza (No 2) [2024] FCA 1174
| BANKRUPTCY - Application to appoint a trustee to take control of the respondent's property pursuant to s 50 of the Bankruptcy Act 1966 (Cth) - Where service of the bankruptcy notice is disputed - Where it is in the interests of the creditors that |
| Date: 4 Oct 2024 Judge: MEAGHER J |
15. Remawi v Australian Information Commissioner [2024] FCA 1156
| ADMINISTRATIVE LAW - application for judicial review of the decision of a delegate of the Australian Information Commission not to investigate a breach of privacy complaint - where the delegate relied on s 41(1)(a) of the Privacy Act 1988 (Cth) to |
| Date: 2 Oct 2024 Judge: MEAGHER J |
16. Sioni v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1118
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of the applicant's visa - whether there was a constructive |
| Date: 30 Sep 2024 Judge: MEAGHER J |
17. Scenic Rim Regional Council v Cutbush [2024] FCA 1135
| BANKRUPTCY - application for substituted service of creditor's petition - whether abnormal difficulties exist - whether alternative means of service have a reasonable probability of informing the respondent - where there have been various |
| Date: 24 Sep 2024 Judge: MEAGHER J |
18. Russell v S3@Raw Pty Ltd (No 3) [2024] FCA 991
| DEFAMATION - Application brought by the third respondent pursuant to s 10A(5) of the Defamation Act 2005 (Vic) to dismiss the defamation claim - Where unclear whether s 10A(5) of the Defamation Act 2005 (Vic) is picked up by s 79 of the Judiciary |
| Date: 29 Aug 2024 Judge: MEAGHER J |
19. Electoral Commissioner of the Australian Electoral Commission v Laming [2024] FCAFC 109
| ELECTIONS - where the primary judge held that three posts on a Facebook page were electoral matter published in contravention of s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) in that they failed to disclose the name and relevant town or |
| Date: 23 Aug 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
20. Habchi v Jayhab Developments Pty Ltd [2024] FCA 926
| PRACTICE AND PROCEDURE - Application for transfer of proceeding to the Supreme Court of Queensland pursuant to s 1337H(2) of the Corporations Act 2001 (Cth) - Where various proceedings before the Supreme Court of Queensland - Where there is a |
| Date: 15 Aug 2024 Judge: MEAGHER J |
21. Kondratenko v Kennards Storage Management Pty Ltd [2024] FCA 913
| PRACTICE AND PROCEDURE - application for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1) of the Federal Court Rules 2011 (Cth) - whether the applicant has a reasonable prospect of successfully |
| Date: 15 Aug 2024 Judge: MEAGHER J |
22. Veteran Advocacy Australia v Secretary, Department of Veterans' Affairs [2024] FCA 895
| PRACTICE AND PROCEDURE - application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether the applicant has a reasonable prospect of successfully |
| Date: 12 Aug 2024 Judge: MEAGHER J |
23. Collins (Trustee) in the matter of bankrupt estate of Hookey v Hookey [2024] FCA 855
| PRACTICE AND PROCEDURE - Interim application to vary programming orders - Extension of time sought for the filing of evidence in chief and submissions - Where evidence is relevant to the proceeding - Where trial dates are not compromised - |
| Date: 2 Aug 2024 Judge: MEAGHER J |
24. Corporation of the City of Adelaide v Cosenza [2024] FCA 852
| BANKRUPTCY - Creditor's petition - Application for declaratory relief in relation to service of creditor's petition - Whether creditor's petition has been validly served - Where the validity of the affidavit of service is contested - Where |
| Date: 2 Aug 2024 Judge: MEAGHER J |
25. Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96
| COSTS - where the appellant appeals from a decision of a single judge of this Court to affirm a registrar's sequestration order against the appellant - where the appellant discontinued the appeal the day before the hearing and was deemed to have |
| Date: 16 Jul 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
26. Ross v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 734
| MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel applicant's visa - Whether the Tribunal misunderstood or misapplied a mandatory relevant |
| Date: 8 Jul 2024 Judge: MEAGHER J |
| CORPORATIONS LAW - ex parte application for judicial advice by court-appointed receivers - where defendants in business of investing in cryptocurrency - whether judicial advice should be granted - where decision may be controversial - whether the |
| Date: 28 Jun 2024 Judge: MEAGHER J |
28. TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82
| MIGRATION - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - where Tribunal took into account offences committed by the appellant as a child - |
| Date: 20 Jun 2024 Judge: COLLIER ACJ, MEAGHER AND HORAN JJ |
29. Garvey v Australian National University (No 2) [2024] FCA 632
| PRACTICE AND PROCEDURE - Application for an extension of time to bring a judicial review application - Where delay is lengthy - Where no sufficient explanation for delay - Where substantive case lacks arguable merit - Application dismissed |
| Date: 14 Jun 2024 Judge: MEAGHER J |
30. HDTY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 633
| MIGRATION - Application for an extension of time to seek judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - Where delay is unexplained - Where the merits of the case are sufficiently strong - Where no prejudice to |
| Date: 14 Jun 2024 Judge: MEAGHER J |
31. 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 |
32. Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79
| MIGRATION - Federal Circuit and Family Court of Australia (FCFCOA) refused extension of time to review Migration Review Tribunal decision - extensive delay in bringing application before FCFCOA - Federal Court Judge treated "appeal" from FCFCOA as |
| Date: 13 Jun 2024 Judge: COLLIER ACJ, Goodman and Meagher jJ |
33. Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607
| PRACTICE AND PROCEDURE - Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 - Where order entered in favour of the applicant - Where the applicant is no longer trading - Where the trademark is no longer registered - |
| Date: 10 Jun 2024 Judge: MEAGHER J |
34. Jele Chemists Pty Ltd v Australian Community Pharmacy Authority (No 3) [2024] FCA 606
| COSTS - Appropriate orders as to costs - Application of Hardiman principle - where appropriate alternative contradictors present - where notice of objection to competency and originating application dismissed |
| Date: 10 Jun 2024 Judge: MEAGHER J |
35. Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 605
| MIGRATION - Application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - Where minimal delay - Where no prejudice to the Minister - Where Minister conceded that it is the administration of justice to |
| Date: 10 Jun 2024 Judge: MEAGHER J |
36. Canview Pty Ltd v Gilmore [2024] FCA 551
| PRACTICE AND PROCEDURE - Application for interlocutory injunction - where the applicants contend that the respondent has misused confidential information and infringed copyright - where prima facie case established - whether balance of convenience |
| Date: 22 May 2024 Judge: MEAGHER J |
37. Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) [2024] FCA 413
| PRACTICE AND PROCEDURE - Whether leave to appeal is required against costs judgment - Where decision does not finally determine the substantive rights of the parties - Leave to appeal is required PRACTICE AND PROCEDURE - Whether leave to appeal |
| Date: 24 Apr 2024 Judge: MEAGHER J |
38. O'Brien v Caboolture Aero Club Inc [2024] FCA 392
| PRACTICE AND PROCEDURE - application for leave to amend statement of claim - whether there is sufficient explanation for the delay - whether amendments are 'hopeless' and could not succeed - whether there is prejudice suffered by the respondents - |
| Date: 18 Apr 2024 Judge: MEAGHER J |
| CORPORATIONS - Application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of the creditors under s439A of the Act - Whether appropriate case for extension of |
| Date: 11 Apr 2024 Judge: MEAGHER J |
40. Australian Securities and Investments Commission v NGS Crypto Pty Ltd [2024] FCA 373
| CORPORATIONS - investigations by Australian Securities and Investments Commission - ex parte application for appointment of receivers, asset preservation, disclosure and travel restriction orders - whether it is necessary or desirable that orders be |
| Date: 10 Apr 2024 Judge: MEAGHER J |
41. Cooper v Sonnet trading as V People [2024] FCA 331
| PRACTICE AND PROCEDURE - Appeal - No error of law - Where appellant claims fraudulent documents were adduced - Where no basis to reverse findings of fact - Appeal dismissed |
| Date: 5 Apr 2024 Judge: MEAGHER J |
42. Star Kingdom Investments Pty Ltd v Camatic Pty Limited [2024] FCA 329
| PRACTICE AND PROCEDURE - application for summary judgment - whether plaintiff has a reasonable prospect of successfully prosecuting the proceeding - where plaintiff contends that it is a consumer under the Australian Consumer Law - where evidence is |
| Date: 5 Apr 2024 Judge: MEAGHER J |
43. Davis v Military Rehabilitation and Compensation Commission [2024] FCA 322
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.22 of the Federal Court Rules 2011 (Cth) - where applicant sought orders that documents not be accepted for filing pursuant to r 2.27 of the Federal Court Rules 2011 (Cth) - |
| Date: 3 Apr 2024 Judge: MEAGHER J |
44. Australia Securities and Investments Commission v Prakash [2024] FCA 321
| CORPORATIONS - investigations by Australian Securities and Investments Commission - ex parte application for appointment of receivers, asset preservation, disclosure and travel restriction orders - where ASIC suspects contraventions of s 12CB of the |
| Date: 28 Mar 2024 Judge: MEAGHER J |
45. Quach v RU [2024] FCAFC 32
| PRACTICE AND PROCEDURE - where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable "matter" for the purposes of Chapter III of the Constitution - notice in accordance with s 78B of the Judiciary Act 1903 |
| Date: 12 Mar 2024 Judge: PERRY, MEAGHER AND SHARIFF JJ |
46. ASE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 173
| MIGRATION - Urgent interlocutory application for temporary stay on removal from Australia pending appeal - Whether the appellant has made out a serious issue to be tried - Whether a reasonably arguable prospect of success on appeal - Application |
| Date: 1 Mar 2024 Judge: MEAGHER J |
47. Mbuzi v Wordsworth (Recusal Application) [2024] FCA 132
| COURTS AND JUDGES - Bias - Reasonable apprehension of bias - Whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding - Whether previous employment with a law firm |
| Date: 26 Feb 2024 Judge: MEAGHER J |
48. Garvey v Australian National University [2024] FCA 140
| PRACTICE AND PROCEDURE - Subpoenas - Whether leave to issue subpoena to give evidence returnable at an interlocutory hearing should be granted - Whether a legitimate forensic purpose is established - Leave to issue subpoena refused |
| Date: 26 Feb 2024 Judge: MEAGHER J |
49. Hancock v DP World Pty Ltd [2024] FCA 116
| INDUSTRIAL LAW - Application for relief under s 39B of the Judiciary Act 1903 (Cth) and/or s 562 of the Fair Work Act 2009 (Cth) - Application against decision of Fair Work Commission (FWC) which dismissed application for an unfair dismissal remedy - |
| Date: 22 Feb 2024 Judge: MEAGHER J |
50. Hofman v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 17
| MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - where applicant failed to pass the character test - whether there is another reason why the visa cancellation should be revoked - whether |
| Date: 18 Jan 2024 Judge: MEAGHER J |
| PRACTICE AND PROCEDURE - application for summary judgment - whether the applicant can establish a prima facie case - whether the respondent has a reasonable prospect of success - where trustee contends that there is an unpaid trust distribution |
| Date: 18 Jan 2024 Judge: MEAGHER J |
52. Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2023] FCA 1652
| ADMINISTRATIVE LAW - Judicial review - Recommendation to the Secretary of the Department for Health and Aged Care by the Australian Community Pharmacy Authority (Authority) that approval be granted to supply pharmaceutical benefits from a particular |
| Date: 21 Dec 2023 Judge: MEAGHER J |
53. Lucas v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1653
| MIGRATION LAW - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where applicant failed the character test - Whether there is another reason why the visa cancellation should be revoked - Whether the |
| Date: 21 Dec 2023 Judge: MEAGHER J |
54. McElligott v Commonwealth of Australia represented by Services Australia [2023] FCA 1638
| PRACTICE AND PROCEDURE - Application by litigation representative for settlement approval - Whether settlement is in the best interests of the applicant - Consideration of factors including prospects of success and psychological strain on applicant - |
| Date: 20 Dec 2023 Judge: MEAGHER J |
55. Broadbent v Medical Board of Australia [2023] FCAFC 186
| BANKRUPTCY - appeal from dismissal of application for review of sequestration order made by a registrar - whether error in exercise of discretion to make sequestration order on creditor's petition - whether sufficient cause why sequestration order |
| Date: 4 Dec 2023 Judge: COLLIER, MEAGHER AND HORAN JJ |
56. Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172
| INDUSTRIAL LAW - Enterprise Agreements - appeal by two teachers (school employees) against decision to dismiss an application for back pay for increases to their pay and entitlements under an enterprise agreement commencing during their employment |
| Date: 30 Oct 2023 Judge: COLLIER, LOGAN AND MEAGHER JJ |
57. ARU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1275
| PRACTICE AND PROCEDURE - Pleadings - Amendment - Where applicant seeks to further amend his originating application - Where applicant seeks to amend his interlocutory application for discovery and interrogatories - Whether former Minister should be |
| Date: 24 Oct 2023 Judge: MEAGHER J |
58. Van Eps v Child Support Registrar (No 2) [2023] FCA 1204
| BANKRUPTCY AND INSOLVENCY - Where judge determined that proceeding was not brought within date of compliance required under s 41(7) of the Bankruptcy Act 1966 (Cth) - Where Court has no jurisdiction to extend time for compliance - Proceeding |
| Date: 5 Oct 2023 Judge: MEAGHER J |
59. Moananu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1146
| MIGRATION - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - whether Tribunal ought to have exercised its discretion to revoke the mandatory visa cancellation - extent of discretionary |
| Date: 27 Sep 2023 Judge: MEAGHER J |
60. Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147
| INDUSTRIAL LAW - appeal against quantum of penalties - where respondent conceded primary judge erred - appeal allowed - redetermination of penalties - where conduct was egregious and unjust - whether contraventions should be grouped together - where |
| Date: 27 Sep 2023 Judge: MEAGHER J |
61. Edser v QSuper Board [2023] FCA 1120
| ADMINISTRATIVE LAW - Appeal from determination of the Australian Financial Complaints Authority (Authority) - Whether Authority erred in its interpretation of the clear causation test - Whether Authority made a legally unreasonable, irrational or |
| Date: 20 Sep 2023 Judge: MEAGHER J |
62. Ogawa v Australian Information Commissioner [2023] FCA 1096
| PRACTICE AND PROCEDURE - Application for suppression orders under ss 37AG and 37AI of the Federal Court of Australia Act 1976 (Cth) (the Act) - Application for exclusion of the public from the Court room under s 17(4) of the Act - Whether necessary |
| Date: 14 Sep 2023 Judge: MEAGHER J |
63. Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055
| MIGRATION LAW - Application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - Where applicant failed the character test - Whether there is another reason why the visa cancellation should be revoked - Whether |
| Date: 7 Sep 2023 Judge: MEAGHER J |
64. Ogawa v Attorney General's Department (Recusal Application) [2023] FCA 1015
| COURTS AND JUDGES - Application for disqualification - Whether fair minded observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of proceeding - Whether logical connection is established - Interlocutory |
| Date: 28 Aug 2023 Judge: MEAGHER J |
65. Jian v Downing [2023] FCA 1018
| ADMINISTRATIVE LAW - Pharmaceutical Services Federal Committee of Inquiry ("the Committee") - Whether participation by a Member of the Committee gives rise to a reasonable apprehension of bias - Whether reasonable apprehension of bias extends to |
| Date: 28 Aug 2023 Judge: MEAGHER J |
66. Russell v S3@Raw Pty Ltd (Proper Place) [2023] FCA 1012
| PRACTICE AND PROCEDURE - Transfer of proceedings - Proper place - Applicant's solicitor and counsel located in Queensland - Second and Third Respondent residing overseas - Substantial connection to Melbourne - Balance of convenience - Application |
| Date: 22 Aug 2023 Judge: MEAGHER J |
67. McEwan v Office of the Australian Information Commissioner [2023] FCAFC 137
| ADMINISTRATIVE LAW - Privacy - appeal from dismissal of application to review decision of Australian Information Commissioner (AIC) not to investigate complaint - where appellant alleged officers within the Australian Taxation Officer made |
| Date: 18 Aug 2023 Judge: CHARLESWORTH, SARAH C DERRINGTON AND MEAGHER JJ |
68. 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 |
69. Masi-Haini v Minister for Home Affairs [2023] FCAFC 126
| MIGRATION - appeal from orders dismissing application for judicial review of a decision of the Minister for Home Affairs revoking a decision to cancel appellant's visa - where primary judge found that the Minister erred in her findings - where |
| Date: 9 Aug 2023 Judge: MARKOVIC, MEAGHER AND KENNETT JJ |
70. Ogawa v Commonwealth of Australia [2023] FCA 929
| PRACTICE AND PROCEDURE - Where applicant has not proved service upon the respondent - Where applicant failed to appear - Proceeding dismissed |
| Date: 8 Aug 2023 Judge: MEAGHER J |
71. Jeffriess v Perpetual Trustee Company Limited (No 2) [2023] FCA 911
| PRACTICE AND PROCEDURE - application by litigation representative for settlement approval - whether settlement is in the best interests of the applicant - whether application is accompanied by the opinion of an independent lawyer - whether |
| Date: 7 Aug 2023 Judge: MEAGHER J |
72. Penttila v Woolworths Limited [2023] FCA 912
| PRACTICE AND PROCEDURE - Application for an extension of time and leave to appeal the Federal Circuit and Family Court of Australia (Division 2) - Extension of time granted - Whether any merit in draft grounds of appeal - Application for leave to |
| Date: 7 Aug 2023 Judge: MEAGHER J |
73. BNY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 913
| PRACTICE AND PROCEDURE - Whether leave should be granted to rely on new grounds of appeal and fresh evidence - Whether proposed new grounds of appeal have merit - Where appellants were legally represented before the Federal Circuit Court - Whether |
| Date: 7 Aug 2023 Judge: MEAGHER J |
74. Al-Zaweeti v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 635
| MIGRATION - Protection visa - Application for an extension of time to appeal from primary judgment - Where primary judge affirmed decision of Administrative Appeals Tribunal - Where delay by primary judge in provision of reasons - Whether draft |
| Date: 15 Jun 2023 Judge: MEAGHER J |
75. Minister for Immigration, Citizenship and Multicultural Affairs v JSMJ [2023] FCAFC 77
| MIGRATION - appeal from decision of a single judge of Federal Court of Australia - where primary judge granted an application for judicial review of the Administrative Appeals Tribunal - where first respondent's visa was mandatorily cancelled under |
| Date: 25 May 2023 Judge: COLLIER, HALLEY AND MEAGHER JJ |
| MIGRATION - Application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) - Where delay is short - Where no prejudice to the respondent - Whether |
| Date: 15 May 2023 Judge: MEAGHER J |
77. JFJF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 69
| MIGRATION - appeal from decision of Federal Court of Australia dismissing judicial review application - where Administrative Appeals Tribunal ('Tribunal') affirmed decision of Minister's delegate to refuse to grant protection visa - where Tribunal |
| Date: 10 May 2023 Judge: PERRAM, MEAGHER AND HESPE JJ |
78. Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60
| ADMINISTRATIVE LAW - appeal against decision of the Administrative Appeals Tribunal affirming decision to revoke applicant's approval as a provider of aged care pursuant to s 10-3(1) of the Aged Care Act 1997 (Cth) - where Tribunal found applicant |
| Date: 24 Apr 2023 Judge: PERRY, MEAGHER AND KENNETT JJ |
79. Qajar v Australian Human Rights Commission [2023] FCA 314
| PRACTICE AND PROCEDURE - Subpoena - Leave to issue subpoena - Refused |
| Date: 6 Apr 2023 Judge: MEAGHER J |
80. Russell v S3@Raw Pty Ltd [2023] FCA 305
| PRACTICE AND PROCEDURE - Interlocutory injunction - Defamation - Where publications are posted on social media - Application to take down publication and restrain defendants from future publication - Serious question to be tried - Balance of |
| Date: 5 Apr 2023 Judge: MEAGHER J |
