Browse Federal Court JudgmentsBy Judge - Mortimer CJ |
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(Mortimer
J)
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1. McDonald v Commonwealth of Australia [2025] FCA 380
| REPRESENTATIVE PROCEEDINGS – application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – claim for non-payment or under-payment of wages to Aboriginal and Torres Strait Islander workers in the |
| Date: 17 Apr 2025 Judge: MORTIMER CJ |
2. Crawford v State of Western Australia (No 2) [2025] FCAFC 48
| COSTS – where unsuccessful appellant sought order that the parties bear their own costs of the appeal and of the application at first instance – court’s discretion as to costs – whether public interest character of litigation justifies |
| Date: 9 Apr 2025 Judge: MORTIMER CJ, STEWART AND O’BRYAN JJ |
3. Crawford v State of Western Australia [2025] FCAFC 18
| CONSTITUTIONAL LAW - appeal - validity of provisions of the Children's Court of Western Australia Act 1988 (WA) and the Magistrates Court Act 2004 (WA) regarding performance of functions of magistrates appointed to both the Magistrates Court and |
| Date: 25 Feb 2025 Judge: MORTIMER CJ, STEWART AND O'BRYAN JJ |
| NATIVE TITLE - consent determination - nomination of prescribed bodies corporate |
| Date: 25 Nov 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - determination by consent after contested separate questions hearing - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders - nomination of prescribed body corporate |
| Date: 4 Oct 2024 Judge: MORTIMER CJ |
6. Gehlert v Minister for Immigration and Multicultural Affairs [2024] FCAFC 129
| COSTS - settlement of judicial review prior to trial - claim for recovery of filing fee and professional costs - appropriate amount of costs to be awarded - discretion to award costs - applicable principles - Federal Circuit and Family Court of |
| Date: 4 Oct 2024 Judge: MORTIMER CJ, COLVIN AND DOWLING JJ |
| NATIVE TITLE - novel application to preserve evidence of five Karajarri people before substantive compensation claim filed - whether Court has jurisdiction and power to hear and determine this application - finding that Court has jurisdiction |
| Date: 24 Sep 2024 Judge: MORTIMER CJ |
| COSTS - submissions as to costs following dismissal of appeals - public interest litigation - no orders as to costs of the appeals |
| Date: 17 Jul 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 12 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 12 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 12 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 12 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 11 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 11 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 10 Jul 2024 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate NATIVE TITLE - proper State respondent to the proceeding under ss 84(4) and 87A(1)(c) of the Native Title Act 1993 (Cth) - Arnaboldi v State of Queensland [2023] FCA 788 |
| Date: 10 Jul 2024 Judge: MORTIMER CJ |
17. BOE21 v Commonwealth of Australia [2024] FCA 709
| PRACTICE AND PROCEDURE - case management of various proceedings resulting from the High Court of Australia's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 |
| Date: 2 Jul 2024 Judge: MORTIMER CJ |
18. Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81
| ADMINISTRATIVE LAW - appeal - detention of Australian women and children by non-state actor in Al-Roj camp in North-East Syria - whether writ of habeas corpus should issue to the Commonwealth - whether Commonwealth has control over the custody or |
| Date: 18 Jun 2024 Judge: MORTIMER CJ, KENNETT AND HORAN JJ |
19. CZA19 v Commonwealth of Australia [2024] FCAFC 66
| COSTS - applicant granted a visa before hearing - where satisfied that the applicant would have been substantially successful - applicant awarded costs |
| Date: 28 May 2024 Judge: MORTIMER CJ, PERRAM AND MARKOVIC JJ |
20. Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 23) [2024] FCA 533
| NATIVE TITLE - interlocutory application - choice of prescribed body corporate - whether notice and notification of meeting to nominate prescribed body corporate under s 56(2)(a) of the Native Title Act 1993 (Cth) adequate - whether decision-making |
| Date: 21 May 2024 Judge: MORTIMER CJ |
| ENVIRONMENTAL LAW - appeal - s 78(1)(a) Environment Protection and Biodiversity Conservation Act 1999 (Cth) - extended operation of two existing coal mines - appellant claimed effects of climate change should result in greater controlling provisions |
| Date: 16 May 2024 Judge: MORTIMER CJ, COLVIN AND HORAN JJ |
22. Praljak v State of Queensland [2024] FCA 467
| PRACTICE AND PROCEDURE - applications for extensions of time in which to seek leave to appeal - applications relate to four proceedings in which the applicant was refused leave to bring proceedings under s 46PO(3A) of the Australian Human Rights |
| Date: 6 May 2024 Judge: MORTIMER CJ |
23. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49
| NATIONAL NATIVE TITLE TRIBUNAL - appeal - appropriate orders for remittal of proceeding where appeal allowed on one ground only - s 169(7) Native Title Act 1993 (Cth) - order made remitting matter to heard by the National Native Title Tribunal |
| Date: 12 Apr 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN J |
24. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26
| NATIVE TITLE - appeal from determination of the National Native Title Tribunal that future act may be done with conditions under Native Title Act 1993 (Cth) (NTA) - whether Tribunal incorrectly applied the test for negotiations in good faith |
| Date: 6 Mar 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN JJ |
25. Director-General of Security v AIX20 [2024] FCA 88
| PRACTICE AND PROCEDURE - application for leave to appeal - application for stay of proceedings - where primary judge dismissed an application for summary dismissal - where novel duty of care alleged in negligence claim - where declaration sought in |
| Date: 15 Feb 2024 Judge: MORTIMER CJ |
26. Australian Securities and Investments Commission v Taylor [2023] FCAFC 189
| CORPORATIONS - where there is a disciplinary proceeding against an auditor - where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding - where the auditor makes an application for a stay of the |
| Date: 6 Dec 2023 Judge: MORTIMER CJ, O'BRYAN and ABRAHAM JJ |
27. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
| PRACTICE AND PROCEDURE - where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether final orders should be made reflecting the answers to the case stated - proceeding dismissed |
| Date: 22 Nov 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 2 Nov 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 2 Nov 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 2 Nov 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 2 Nov 2023 Judge: MORTIMER CJ |
32. Kaplan v State of Victoria (No 9) [2023] FCA 1307
| DAMAGES - apology - operation of Health and Other Services (Compensation) Act 1995 (Cth) with respect to payment of damages |
| Date: 30 Oct 2023 Judge: MORTIMER CJ |
33. CFU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1107
| MIGRATION - appeal from decision of Federal Circuit Court of Australia (FCC) - where FCC dismissed application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - where Tribunal affirmed decision to refuse to grant |
| Date: 15 Sep 2023 Judge: MORTIMER CJ |
34. Kaplan v State of Victoria (No 8) [2023] FCA 1092
| HUMAN RIGHTS - racial discrimination - s 9(1) and s 18C of the Racial Discrimination Act 1975 (Cth) - right to security of person and protection - right to education - right to preserve Jewish identity - where applicants are Jewish former students |
| Date: 14 Sep 2023 Judge: MORTIMER CJ |
35. BQG21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 865
| CITIZENSHIP - application for Australian citizenship by conferral - refusal of application on the basis of not being satisfied as to applicant's identity - review - whether Tribunal engaged in illogical reasoning in finding that it could not be |
| Date: 28 Jul 2023 Judge: MORTIMER CJ |
36. DEU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 864
| MIGRATION - appeal from the Federal Circuit Court of Australia (FCC) - where FCC dismissed an application for judicial review of a decision of the Immigration Assessment Authority - whether error in application of s 473DD to information provided to |
| Date: 28 Jul 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - costs - where the Full Court determined separate questions in favour of the applicant and certain respondents (the Rirratjingu parties) - where the applicant and the Rirratjingu parties sought an order that the first respondent (the |
| Date: 20 Jul 2023 Judge: MORTIMER CJ, MOSHINSKY AND BANKS-SMITH JJ |
38. Fisher v Commonwealth of Australia [2023] FCAFC 106
| HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life |
| Date: 12 Jul 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 10 Jul 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 6 Jul 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 6 Jul 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 5 Jul 2023 Judge: MORTIMER CJ |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 5 Jul 2023 Judge: MORTIMER CJ |
44. Shaw v The Official Trustee in Bankruptcy [2023] FCA 570
| PRACTICE AND PROCEDURE - application for leave to appeal - where orders made relieving respondent from compliance with Notices to Produce - whether primary decision attended by doubt sufficient to warrant review by full court - whether applicant |
| Date: 1 Jun 2023 Judge: MORTIMER CJ |
45. Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75
| NATIVE TITLE - claim for compensation under Native Title Act 1993 (Cth) (NTA) - where the applicant, on behalf of the Gumatj Clan or Estate Group, contends that, in the period from 1911 to 1978, a number of grants or legislative acts took place in |
| Date: 22 May 2023 Judge: MORTIMER CJ, MOSHINSKY and BANKS-SMITH JJ |
| MIGRATION - delegate of Minister's refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 - application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the |
| Date: 13 Apr 2023 Judge: MORTIMER CJ, ANDERSON AND HESPE JJ |
47. ECE21 v Minister for Home Affairs [2023] FCAFC 52
| MIGRATION - application for extension of time - appeal - judicial review - refusal to revoke mandatory cancellation of applicant's visa - likelihood of indefinite detention as a factor to be considered - whether factor clearly arose on the materials |
| Date: 28 Mar 2023 Judge: MORTIMER, COLVIN AND O'SULLIVAN JJ |
48. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 46
| MIGRATION - appeal from a single judge of the Federal Court of Australia - primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - appellant applied for a visa - application was |
| Date: 24 Mar 2023 Judge: MORTIMER, SNADEN AND RAPER JJ |
49. Deam v Starlight Children's Foundation Australia [2023] FCA 259
| INDUSTRIAL LAW - interlocutory application seeking summary dismissal of proceedings pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether s 734 of the Fair Work Act 2009 |
| Date: 24 Mar 2023 Judge: MORTIMER J |
50. Australian Competition and Consumer Commission v Mazda Australia Pty Limited [2023] FCAFC 45
| CONSUMER LAW - misleading or deceptive conduct - false or misleading representations - appeal - where primary judge found Mazda Australia Pty Limited (Mazda) contravened s 18(1) and s 29(1)(m) of the Australian Consumer Law (ACL) by making false |
| Date: 23 Mar 2023 Judge: MORTIMER, LEE AND HALLEY JJ |
51. Musicki v de Tonnerre [2023] FCA 222
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where respondent has failed to file notice of address for service or defence - where respondent is in default of appearance - relief |
| Date: 16 Mar 2023 Judge: MORTIMER J |
52. Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 200
| MIGRATION - application for extension of time - application for judicial review of Administrative Appeals Tribunal decision affirming a decision not to revoke the cancellation of the applicant's visa - application for habeas corpus - whether |
| Date: 10 Mar 2023 Judge: MORTIMER J |
53. Rugg v Commonwealth of Australia as represented by the Department of Finance [2023] FCA 179
| INDUSTRIAL LAW - interlocutory application to restrain termination - alleged adverse action - alleged contraventions of workplace rights - alleged constructive dismissal - whether there is a serious question to be tried - whether balance of |
| Date: 7 Mar 2023 Judge: MORTIMER J |
| NATIVE TITLE - separate questions - two uninhabited islands in the Torres Strait - shared ownership claim by three groups - objection to shared claim as not representing situation under traditional law and custom - consideration and application of |
| Date: 27 Feb 2023 Judge: MORTIMER J |
| NATIVE TITLE - determination of native title - nomination of new prescribed body corporate |
| Date: 19 Dec 2022 Judge: MORTIMER J |
56. FEH18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1512
| MIGRATION - application for extension of time and leave to appeal - where primary judge refused to reinstate an application for judicial review of the Administrative Appeal Tribunal's decision not to grant a protection visa after the applicant |
| Date: 16 Dec 2022 Judge: MORTIMER J |
57. Sami v Minister for Home Affairs [2022] FCA 1513
| MIGRATION - application for habeas corpus and injunctive and declaratory relief in respect of detention alleged to be unlawful because of the unlikelihood of the applicant's removal from Australia - where Court asked to make factual findings despite |
| Date: 16 Dec 2022 Judge: MORTIMER J |
58. Lumumba v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1523
| MIGRATION - application for review of decision of Minister for Immigration, Citizenship and Multicultural Affairs to cancel registration of applicant's Australian citizenship by descent - relief sought under Administrative Decisions (Judicial Review) |
| Date: 16 Dec 2022 Judge: MORTIMER J |
59. Robinson v BMF Pty Ltd (in liq) (No 3) [2022] FCA 1519
| COSTS - second respondent's application for costs of applicant's unsuccessful interlocutory application - wider costs application by second respondent- where Calderbank offer was made - Fair Work Act 2009 (Cth) s 570(2) - applicant must pay costs of |
| Date: 15 Dec 2022 Judge: MORTIMER J |
60. Jingle on behalf of the Jaru People #2 v State of Western Australia [2022] FCA 1511
| NATIVE TITLE - consent determination - where land formerly subject to reserve - non-extinguishment under s 47B of the Native Title Act 1993 (Cth) |
| Date: 15 Dec 2022 Judge: MORTIMER J |
61. Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199
| MIGRATION - non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - whether primary judge erred in finding that Minister did not consider representations personally - no error by primary judge - appeal dismissed |
| Date: 13 Dec 2022 Judge: MORTIMER, BANKS-SMITH AND O'SULLIVAN JJ |
62. Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193
| ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court setting aside decision of second respondent (NOPSEMA) to accept an environmental plan under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations |
| Date: 2 Dec 2022 Judge: KENNY, MORTIMER AND LEE JJ |
63. David on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2022] FCA 1430
| NATIVE TITLE - determination of parts of native title claims by consent - determination of native title rights in sea country and some areas of land in the Torres Strait and Northern Cape York, and adjacent waters |
| Date: 30 Nov 2022 Judge: MORTIMER J |
64. Kaplan v State of Victoria (No 7) [2022] FCA 1405
| PRACTICE AND PROCEDURE - application by respondents to adjourn trial - where senior counsel for the respondents has contracted COVID-19 and is unable to participate in trial - application refused PRACTICE AND PROCEDURE - application by respondents |
| Date: 22 Nov 2022 Judge: MORTIMER J |
65. Tucker v State of Western Australia [2022] FCA 1379
| NATIVE TITLE - compensation application - application for strike out or summary dismissal - applicant unable to demonstrate authorisation for purposes of s 61 of the Native Title Act 1993 (Cth) - no compensable acts identified - proceeding summarily |
| Date: 22 Nov 2022 Judge: MORTIMER J |
66. National Disability Insurance Agency v KKTB, by her litigation representative CVY22 [2022] FCAFC 181
| ADMINISTRATIVE LAW - National Disability Insurance Scheme - three Tribunal decisions in relation to reasonable and necessary supports for individuals with severe to profound disabilities - level of support required from registered nurses as opposed |
| Date: 17 Nov 2022 Judge: MORTIMER, THAWLEY AND ABRAHAM JJ |
67. Ogawa v President, Australian Human Rights Commission (No 3) [2022] FCA 1260
| PRACTICE AND PROCEDURE - application for interim suppression order - application refused |
| Date: 21 Oct 2022 Judge: MORTIMER J |
68. Robinson v BMF Pty Ltd (in liq) (No 2) [2022] FCA 1191
| INDUSTRIAL LAW - employment - identity of employer - whether corporation named in employment contract was applicant's employer - whether written contract of employment had any features of a sham transaction - both respondent corporation and putative |
| Date: 7 Oct 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of prescribed body corporate |
| Date: 6 Oct 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 6 Oct 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 6 Oct 2022 Judge: MORTIMER J |
72. Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 10) [2022] FCA 1129
| NATIVE TITLE - non-compliance by respondent council with Court ordered timetable - application by respondent council for extension of deadlines in timetables relating to s 87A agreements - likely effects on consent determinations scheduled in early |
| Date: 22 Sep 2022 Judge: MORTIMER J |
73. Kaplan v State of Victoria (No 6) [2022] FCA 1048
| EVIDENCE - application by applicants to call further witness - whether evidence is responsive to respondents' evidence - application refused |
| Date: 7 Sep 2022 Judge: MORTIMER J |
74. Ellis v Secretary, Department of Social Services [2022] FCA 1047
| ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - family tax benefit debt - "special circumstances" under A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 101 - appeal dismissed |
| Date: 7 Sep 2022 Judge: MORTIMER J |
75. Knowles v Commonwealth of Australia (No 2) [2022] FCA 1003
| COSTS - application for costs - where summary judgment was granted in favour of the respondents - public interest - crowdfunding - lump sum costs orders made - applicants jointly and severally liable for costs |
| Date: 29 Aug 2022 Judge: MORTIMER J |
76. National Disability Insurance Agency v Davis [2022] FCA 1002
| ADMINISTRATIVE LAW - whether Tribunal erred in construing National Disability Insurance Scheme Act 2013 (Cth) s 24(1)(b) - whether Tribunal took into account irrelevant considerations - whether Tribunal made findings not open on the evidence - |
| Date: 29 Aug 2022 Judge: MORTIMER J |
| MIGRATION - Migration Act 1958 (Cth) s 501BA - exercise of discretion to override decision of Administrative Appeals Tribunal to revoke visa cancellation - whether discretion under s 501BA miscarried or was not properly exercised - whether |
| Date: 26 Aug 2022 Judge: MORTIMER, BROMWICH AND THOMAS JJ |
78. Smirke on behalf of the Jurruru People v State of Western Australia (No 4) [2022] FCA 993
| NATIVE TITLE - consent determination - where determination made on the basis of mediation following a contested determination of a separate question - where nominated prescribed body corporate differs from that determined to hold similar native |
| Date: 26 Aug 2022 Judge: MORTIMER J |
79. Kaplan v State of Victoria (No 5) [2022] FCA 909
| EVIDENCE - application by respondents to call further witness - whether evidence is responsive to applicants' evidence - where new evidence not promptly notified - application refused |
| Date: 4 Aug 2022 Judge: MORTIMER J |
80. Kaplan v State of Victoria (No 4) [2022] FCA 897
| EVIDENCE - objections to passages in expert report - relevance - whether passages amount to speculation - objections upheld in part |
| Date: 1 Aug 2022 Judge: MORTIMER J |
81. Pabai v Commonwealth of Australia [2022] FCA 836
| PRACTICE AND PROCEDURE - discovery - where categories of discovery remain in dispute between the parties - referral to Registrar for further mediation PRACTICE AND PROCEDURE - amendments to pleadings - where pleadings have closed, but the proceeding |
| Date: 18 Jul 2022 Judge: MORTIMER J |
82. Mackie v Minister for Home Affairs [2022] FCAFC 120
| MIGRATION - two appeals heard together - decisions to cancel appellants' visas under s 501(3) of Migration Act 1958 (Cth) - where Minister decided cancellation of the visas was in the national interest - appellants found to be senior members of an |
| Date: 15 Jul 2022 Judge: RARES, MORTIMER AND O'SULLIVAN JJ |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 6 Jul 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 6 Jul 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 5 Jul 2022 Judge: MORTIMER J |
| NATIVE TITLE - consent determination - nomination of new prescribed body corporate |
| Date: 5 Jul 2022 Judge: MORTIMER J |
87. Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 5) [2022] FCA 763
| NATIVE TITLE - interlocutory application for joinder - interlocutory application to postpone consent determination - where application based on boundary agreed in mediation - application refused |
| Date: 1 Jul 2022 Judge: MORTIMER J |
88. Knowles v Commonwealth of Australia [2022] FCA 741
| PRACTICE AND PROCEDURE - application for joinder - application for removal of parties - whether party sought to be joined has standing - applications for joinder and removal of parties granted PRACTICE AND PROCEDURE - applications for summary |
| Date: 27 Jun 2022 Judge: MORTIMER J |
| MIGRATION - judicial review of a determination by the Administrative Appeals Tribunal that there were serious reasons for considering that a protection visa applicant had committed a war crime for the purposes of s 5H(2) of the Migration Act 1958 |
| Date: 24 Jun 2022 Judge: MORTIMER J |
90. Kaplan v State of Victoria (No 3) [2022] FCA 728
| EVIDENCE - admissibility - objection to tender of expert report - trial conducted by way of oral evidence - nature of instructions given to expert - where expert not provided with specific factual assumptions - where expert provided with witness |
| Date: 22 Jun 2022 Judge: MORTIMER J |
91. Kaplan v State of Victoria (No 2) [2022] FCA 679
| PRACTICE AND PROCEDURE - interlocutory application to amend defence - application filed close to trial - where amendments are relatively minor corrections and clarifications - where amendments are not seriously prejudicial - leave granted to file |
| Date: 2 Jun 2022 Judge: MORTIMER J |
92. Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603
| COSTS - where applicant substantially successful in the proceedings - where proceedings were lengthy - disparity between parties as to resources - where one party caused changed circumstances relevant to proceedings - respondents ordered to pay |
| Date: 23 May 2022 Judge: MORTIMER J |
93. Bowman v Commonwealth of Australia [2022] FCA 594
| PRACTICE AND PROCEDURE - where applicant seeking relief related to immigration detention and removal from Australia was granted a visa after judgment reserved -- whether proceeding should be dismissed or permanently stayed - proceeding dismissed |
| Date: 20 May 2022 Judge: MORTIMER J |
94. Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia (No 2) [2022] FCA 593
| NATIVE TITLE - question of appropriate relief for a finding of an abuse of the Court's mediation processes - whether meeting of claim group should be convened to determine whether in-principle agreements with competing claim groups should be |
| Date: 20 May 2022 Judge: MORTIMER J |
95. Kaplan v State of Victoria [2022] FCA 590
| PRACTICE AND PROCEDURE - interlocutory application for suppression of identities of 34 individuals - where individuals are non-parties and some are minors - interests of children - effect of suppression orders on trial - requirements of open justice |
| Date: 20 May 2022 Judge: MORTIMER J |
96. Nona of behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral &
| PRACTICE AND PROCEDURE - application to vacate hearing of expert evidence in contested native title claim - where the expert witness of the moving party affected by catastrophic flooding - relevance of the present proceeding to the resolution of |
| Date: 13 May 2022 Judge: MORTIMER J |
97. EXT20 v Minister for Home Affairs [2022] FCAFC 72
| MIGRATION - appeal - refusal to revoke mandatory cancellation of appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - where appellant made representations about risk of harm if returned to country of nationality - representations made |
| Date: 5 May 2022 Judge: MORTIMER, WIGNEY AND SNADEN JJ |
98. Nyoni v Bird [2022] FCAFC 61
| ADMINISTRATIVE LAW - application for judicial review of a decision of the primary judge dismissing an application for review of a decision of the Registrar to refuse to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 |
| Date: 14 Apr 2022 Judge: MORTIMER, ROFE AND MCELWAINE JJ |
99. Melville on behalf of the Pitta Pitta People v State of Queensland [2022] FCA 387
| NATIVE TITLE - compensation application - where native title determined to exist - where prescribed body corporate nominated to hold native title in trust on behalf of common law holders - where members of the native title determination applicant |
| Date: 13 Apr 2022 Judge: MORTIMER J |
100. Mid West Port Authority v Construction, Forestry, Maritime, Mining, and Energy Union [2022] FCAFC 53
| INDUSTRIAL LAW - appeal from decision of Western Australian Industrial Magistrates Court - where enterprise agreement was approved by the Fair Work Commission - where following approval it was discovered that approximately 40% of employees to be |
| Date: 5 Apr 2022 Judge: MORTIMER, BANKS-SMITH AND COLVIN JJ |
