Browse Federal Court JudgmentsBy Judge - Meagher J |
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: 119
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| PRACTICE AND PROCEDURE – application to vary orders made at case management hearing – where applicant sought an order that the respondent not terminate the applicant’s employment by reason of her temporary relocation – balance of convenience |
| Date: 22 May 2026 Judge: MEAGHER J |
2. Qajar v Australian Human Rights Commission (No 3) [2026] FCA 605
| ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) – application for judicial review of a decision of the Australian Human Rights |
| Date: 14 May 2026 Judge: MEAGHER J |
3. Shaw v The Official Trustee in Bankruptcy (No 2) [2026] FCAFC 61
| COSTS – appeal to Full Court dismissed – costs orders made against appellant – subsequent application by respondent to vary costs orders under r 39.04 of the Federal Court Rules 2011 (Cth) – whether respondent can claim those costs as a cost |
| Date: 7 May 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
4. Galinovic v Singtel Optus Pty Limited (No 2) [2026] FCA 524
| PRACTICE AND PROCEDURE – judgments and orders – costs order – variation – where applicant sought to pay costs order by way of promissory notes – where respondents applied for variation of costs orders to require payment by electronic funds |
| Date: 29 Apr 2026 Judge: MEAGHER J |
5. Reeve v Chartered Accountants of Australia and New Zealand (No 3) [2026] FCA 518
| PRACTICE AND PROCEDURE – interlocutory application – recusal – whether actual or apprehended bias demonstrated – whether applicant denied procedural fairness – application dismissed |
| Date: 29 Apr 2026 Judge: MEAGHER J |
6. Reeve v Fair Work Commission [2026] FCA 368
| PRACTICE AND PROCEDURE – interlocutory application – recusal – whether actual or apprehended bias demonstrated – whether applicant denied procedural fairness – application dismissed |
| Date: 27 Mar 2026 Judge: MEAGHER J |
7. Shaw v The Official Trustee in Bankruptcy [2026] FCAFC 32
| BANKRUPTCY AND INSOLVENCY – administration of bankrupt estate – supervisory jurisdiction of the Federal Court – application for inquiry into trustee’s conduct under Insolvency Practice Schedule (Bankruptcy) ss 90-10 and 90-15 – where broad |
| Date: 27 Mar 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
8. Minister for Immigration and Citizenship v AMU19 [2026] FCAFC 29
| MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) –challenge to finding that a decision of the Administrative Appeals Tribunal to proceed to determine a review upon the first respondent failing |
| Date: 24 Mar 2026 Judge: WHEELAHAN, MEAGHER and MCDONALD JJ |
9. NTMA Pharmaceuticals Pty Ltd v Beardmore [2026] FCAFC 23
| ADMINISTRATIVE LAW – appeal from dismissal of application for judicial review of referrals for inquiry into services or conduct of three approved pharmacists under s 114 of the National Health Act 1953 (Cth) – whether an inquiry based on a |
| Date: 19 Mar 2026 Judge: COLLIER, MEAGHER AND HILL JJ |
10. Reeve v Chartered Accountants of Australia and New Zealand (No 2) [2026] FCA 242
| PRACTICE AND PROCEDURE – Adjournment application – Interlocutory hearing of application for leave to appear remotely and recusal application – Where applicant corresponded with Court shortly prior to interlocutory hearing advising of inability |
| Date: 11 Mar 2026 Judge: MEAGHER J |
| PRACTICE AND PROCEDURE – interlocutory application brought by the applicant to strike out certain paragraphs of the first respondent’s amended defence pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) –where relevant paragraphs of |
| Date: 26 Feb 2026 Judge: MEAGHER J |
12. Koutsouroupas v Minister for Health and Aged Care [2026] FCAFC 13
| ADMINISTRATIVE LAW – statutory construction – where s 92A(1)(f) and (1A) of the National Health Act 1953 (Cth) allowed Minister to determine conditions by legislative instrument – where Minister imposed conditions regarding “dispensing” |
| Date: 25 Feb 2026 Judge: RANGIAH, MEAGHER AND NEEDHAM JJ |
| COSTS – Costs orders – Exercise of discretion – Principles for determining costs |
| Date: 10 Feb 2026 Judge: RANGIAH, BURLEY AND MEAGHER JJ |
14. Snow v Secretary, Department of Social Services (No 3) [2026] FCAFC 2
| COSTS – costs of appeal sought by each party – no reason why costs should not follow the event – appellant to pay the respondent’s costs of the appeal |
| Date: 22 Jan 2026 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
15. Snow v Secretary, Department of Social Services (No 2) [2025] FCAFC 191
| ADMINISTRATIVE LAW – appeal from decisions of the primary judge (1) dismissing an appeal under s 44 of the former Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal to order that payment of |
| Date: 19 Dec 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
16. Klein v Sporting Shooters Association of Australia (Qld) Inc [2025] FCAFC 189
| HUMAN RIGHTS – discrimination – disability discrimination – where member of association was denied participation in feral animal hunts if accompanied by an assistance dog – whether unlawful discrimination under s 5(1) of the Disability |
| Date: 18 Dec 2025 Judge: STEWART, MEAGHER AND LONGBOTTOM JJ |
17. Hartnett v Inspector-General in Bankruptcy [2025] FCAFC 190
| BANKRUPTCY AND INSOLVENCY — Appeal from successful application pursuant to s 222(1) of the Bankruptcy Act 1966 (Cth) to set aside personal insolvency agreement of the Appellant entered under Part X — where primary judge set aside the personal |
| Date: 17 Dec 2025 Judge: HALLEY, MEAGHER and WHEATLEY JJ |
18. Panthea Private Wealth Pty Ltd (in liq) v Yi [2025] FCA 1582
| PRACTICE AND PROCEDURE – Application for order of deemed service under r 10.23 of the Federal Court Rules 2011 – Whether or not practical to serve documents – Reasonable efforts |
| Date: 3 Dec 2025 Judge: MEAGHER J |
19. Reeve v Chartered Accountants Australia and New Zealand [2025] FCA 1480
| PRACTICE AND PROCEDURE – Adjournment application – Case management – Where applicant corresponds with Court shortly prior to case management hearing requesting adjournment – Where applicant failed to appear – Interests of justice – |
| Date: 27 Nov 2025 Judge: MEAGHER J |
| CORPORATIONS – Application to set aside statutory demand under s 459G Corporations Act 2001 (Cth) – Whether a genuine dispute under s 459H Corporations Act 2001 (Cth) – Whether affidavit filed with application raised genuine dispute relied |
| Date: 30 Oct 2025 Judge: MEAGHER J |
21. Precious Family Day Care Pty Ltd v Secretary, Department of Education [2025] FCAFC 148
| ADMINISTRATIVE LAW – appeal from orders of a judge of the Court dismissing an “appeal” brought pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – the Administrative Appeals Tribunal affirmed a decision of the Secretary |
| Date: 24 Oct 2025 Judge: WHEELAHAN, SNADEN AND MEAGHER JJ |
22. Brar v Minister for Immigration and Citizenship [2025] FCAFC 138
| MIGRATION – where appellant’s visa was cancelled pursuant to s 501 of the Migration Act 1958 (Cth) – where application to a delegate of a Minister administering the Migration Act 1958 (Cth) seeking visa reinstatement was unsuccessful – where |
| Date: 8 Oct 2025 Judge: PERRAM, MEAGHER AND MCDONALD JJ |
23. Frigger v Trenfield (No 11) [2025] FCA 1193
| PRACTICE AND PROCEDURE – Application to withdraw interlocutory applications – Consent to withdrawal – Where judgment reserved – Costs of application to withdraw PRACTICE AND PROCEDURE – Application to seek leave to amend notice of appeal |
| Date: 29 Sep 2025 Judge: MEAGHER J |
24. Monks v Pieman Resources Pty Ltd [2025] FCAFC 121
| PRACTICE AND PROCEDURE – Application for leave to appeal default judgment entered pursuant to r 5.23 of Federal Court Rules 2011 (Cth) – where substantial noncompliance with request for particulars and notice to produce – where conduct deemed |
| Date: 3 Sep 2025 Judge: HALLEY, MEAGHER AND WHEATLEY JJ |
25. Scott v Steritech Pty Ltd [2025] FCAFC 110
| HIGH COURT AND FEDERAL COURT – federal jurisdiction – where the appellant had discontinued proceedings following the execution of a deed of release – where the appellant then sought to allege essentially the same facts in a new proceeding |
| Date: 22 Aug 2025 Judge: BANKS-SMITH, MEAGHER AND KENNETT JJ |
26. Ho v Minister for Health and Aged Care [2025] FCAFC 109
| ADMINISTRATIVE LAW – statutory construction – whether the primary judge erred in construing s 90B(4) of the National Health Act 1953 (Cth) as allowing a consideration of the merits of an application by way of deciding whether to consider a |
| Date: 22 Aug 2025 Judge: RANGIAH, MEAGHER AND NEEDHAM JJ |
| MIGRATION – Public interest criterion (PIC) 4003(b) of the Migration Regulations 1994 (Cth) – Where cl 500.217 of the Regulations requires satisfaction of PIC 4003(b) – Whether PIC 4003(b) repugnant to the Migration Act 1958 (Cth) and |
| Date: 11 Aug 2025 Judge: RANGIAH, BURLEY AND MEAGHER JJ |
28. Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 102
| MIGRATION – appeal from decision of primary judge – whether primary judge erred in finding the Administrative Appeals Tribunal (Tribunal) did not deny the appellant procedural fairness – where Tribunal affirmed decision not to revoke |
| Date: 8 Aug 2025 Judge: RANGIAH, JACKSON AND MEAGHER JJ |
29. Australian Securities and Investments Commission v Wallet Ventures Pty Ltd [2025] FCAFC 93
| CORPORATIONS – meaning of debenture in s 9 of the Corporations Act 2001 (Cth) – where respondent operated a digital currency exchange through which customers could buy and sell certain cryptocurrencies – where respondent also offered a Finder |
| Date: 24 Jul 2025 Judge: STEWART, CHEESEMAN AND MEAGHER JJ |
30. Snow v Secretary, Department of Social Security [2025] FCAFC 98
| PRACTICE AND PROCEDURE – Application for adjournment – Consideration of s 37M Federal Court of Australia Act 1976 (Cth) – Appellant’s health conditions – Unchallenged evidence of health conditions – Appellant litigant in person – |
| Date: 21 Jul 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
31. NMQG v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 802
| MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal – Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the cancellation of the applicant’s visa under s 501CA(4) of |
| Date: 14 Jul 2025 Judge: MEAGHER J |
| MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal – Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the cancellation of the applicant’s visa under s 501CA(4) of |
| Date: 30 Jun 2025 Judge: MEAGHER J |
33. Brookfield v Registrar of Personal Property Securities [2025] FCA 591
| PRACTICE AND PROCEDURE – Application to extend the time within which to appeal decision of Federal Court pursuant to r 36.05 of the Federal Court Rules 2011 (Cth) – Where length of delay is not significant – Whether explanation for delay is |
| Date: 5 Jun 2025 Judge: MEAGHER J |
34. Haggarty v RX Plastics Pty Ltd (No 2) [2025] FCA 565
| PRACTICE AND PROCEDURE – Judgments and orders – Orders – Orders giving effect to judgment – Leave to amend defence – Withdrawal of admissions – Costs |
| Date: 30 May 2025 Judge: MEAGHER J |
35. Haggarty v RX Plastics Pty Ltd [2025] FCA 536
| PRACTICE AND PROCEDURE – Interlocutory application – Amendment of pleadings – Leave to amend – Amended defence – Withdrawal of admissions PRACTICE AND PROCEDURE – Interlocutory application – Discovery – Documents – Relevance – |
| Date: 23 May 2025 Judge: MEAGHER J |
36. Galinovic v Singtel Optus Pty Limited [2025] FCA 611
| PRACTICE AND PROCEDURE – Interlocutory injunction – Whether a serious question to be tried – Balance of convenience |
| Date: 22 May 2025 Judge: MEAGHER J |
37. Victorian Legal Services Board v Kuksal [2025] FCA 558
| PRACTICE AND PROCEDURE – Interlocutory applications – Injunctions – Abuse of process CONTEMPT OF COURT – Whether past or apprehended future conduct of respondents could constitute contempt of Court – Whether injunctions should be granted |
| Date: 21 May 2025 Judge: MEAGHER J |
38. Mbuzi v World Vision Australia [2025] FCA 466
| COURTS AND JUDGES – Bias – 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 – Knowledge and characteristics |
| Date: 12 May 2025 Judge: MEAGHER J |
39. Disability and Healthcare Support Pty Ltd v National Disability Insurance Agency [2025] FCA 465
| ADMINISTRATIVE LAW – Judicial review – Whether unreasonable delay CONSTITUTIONAL LAW – Constitutional writ – Mandamus PRACTICE AND PROCEDURE – Judgements and orders – Consent orders |
| Date: 9 May 2025 Judge: MEAGHER J |
40. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
