Browse Federal Court JudgmentsBy Judge - Moshinsky J |
Results
(Moshinsky
J)
: 505
| Fully matching documents |
1. Australian Securities and Investments Commission v Falcon Capital Limited [2025] FCA 359
| CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – |
| Date: 9 Apr 2025 Judge: MOSHINSKY J |
| MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – fast track review process – whether Immigration Assessment Authority fell into jurisdictional error by failing to consider a claim – whether primary judge |
| Date: 21 Mar 2025 Judge: MOSHINSKY J |
3. CW Group Holdings Limited, in the matter of CW Group Holdings Limited (No 2) [2025] FCA 43
| CORPORATIONS - scheme of arrangement - second court hearing - application for approval of scheme - applicable principles - whether statutory and procedural requirements satisfied - whether the Court should exercise its discretion to approve the |
| Date: 3 Feb 2025 Judge: MOSHINSKY J |
4. Top End (Default PBC/CLA) Aboriginal Corporation v Northern Territory of Australia [2025] FCA 22
| NATIVE TITLE - appeal on question of law from decision of the National Native Title Tribunal - future acts - expedited procedure - where the Tribunal determined that proposed grants of exploration licences were future acts attracting the expedited |
| Date: 30 Jan 2025 Judge: MOSHINSKY J |
5. Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3
| MIGRATION - indefinite detention - where the applicant at first instance (CRS20) sought a writ of habeas corpus on the basis of the judgment of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs |
| Date: 30 Jan 2025 Judge: MOSHINSKY, BROMWICH AND SARAH C DERRINGTON JJ |
6. Deputy Commissioner of Taxation v ACN 152 259 839 Pty Ltd [2024] FCA 1489
| CORPORATIONS - insolvency - statutory demand - application for review of decision of a Registrar - where the Registrar made a winding up order in respect of the defendant - service - where statutory demand served by leaving it at the registered |
| Date: 18 Dec 2024 Judge: MOSHINSKY J |
7. Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
| COPYRIGHT - artistic works - designs on packaging of children's food products - where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants' works - |
| Date: 17 Dec 2024 Judge: MOSHINSKY J |
8. CW Group Holdings Limited, in the matter of CW Group Holdings Limited [2024] FCA 1471
| CORPORATIONS - members' scheme of arrangement - first court hearing - application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff - whether statutory prerequisites satisfied - whether the |
| Date: 13 Dec 2024 Judge: MOSHINSKY J |
9. Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited (No 2) [2024] FCA 1308
| PRACTICE AND PROCEDURE - implied undertaking - Hearne v Street [2008] HCA 36 |
| Date: 12 Nov 2024 Judge: MOSHINSKY J |
10. Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCAFC 142
| STATUTORY INTERPRETATION - autonomous sanctions regime - where export sanction and designated persons sanction were made by Australian Government in mid-March 2022 against Russia and certain Russian business-people - where subsidiary (ABC) of |
| Date: 8 Nov 2024 Judge: MOSHINSKY, STEWART AND BUTTON JJ |
| PRACTICE AND PROCEDURE - application for an interlocutory injunction before commencement of a proceeding - where the prospective respondent had given notice that it was entitled to appoint a receiver or receiver and manager to the prospective |
| Date: 31 Oct 2024 Judge: MOSHINSKY J |
| ENVIRONMENTAL LAW - listed threatened species, namely the Southern Greater Glider - where the respondent (the Secretary) proposed to conduct fuel reduction burns in four areas of the Strathbogie State Forest - where the appellant sought an |
| Date: 23 Oct 2024 Judge: MOSHINSKY, CHARLESWORTH AND KENNETT JJ |
13. Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2024] FCA 1193
| CONFLICT OF LAWS - anti-anti-suit-injunction - where there are ten proceedings (the Greensill Proceedings) before this Court in which the applicants seek judgment against Insurance Australia Limited in respect of amounts alleged to be payable under |
| Date: 11 Oct 2024 Judge: MOSHINSKY J |
14. Attorney-General (Cth) v Patrick [2024] FCAFC 126
| FREEDOM OF INFORMATION - request for access to an official document of a Minister (the Attorney-General) - where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions - where a new |
| Date: 25 Sep 2024 Judge: RANGIAH, MOSHINSKY AND ABRAHAM JJ |
| CORPORATIONS - external administration - where receivers and managers appointed by the Court over all of the property of the first defendant (Keystone) - where, shortly after the Court appointment, the directors of Keystone appointed voluntary |
| Date: 5 Sep 2024 Judge: MOSHINSKY J |
16. Australian Securities and Investments Commission v Guo (No 3) [2024] FCA 1032
| CORPORATIONS - where ASIC commenced an investigation - where ASIC obtained a travel restraint order for six months pursuant to s 1323 of the Corporations Act 2001 (Cth) - where ASIC sought a travel restraint order for a further six months - whether |
| Date: 30 Aug 2024 Judge: MOSHINSKY J |
17. Mbuzi v Wordsworth [2024] FCA 977
| PRACTICE AND PROCEDURE - application for leave to appeal - where the applicant requested the primary judge to recuse herself on the basis of her previous employment at a firm that had acted for a party against the applicant - where the primary judge |
| Date: 27 Aug 2024 Judge: MOSHINSKY J |
18. Australian Securities and Investments Commission v Keystone Asset Management Ltd [2024] FCA 1019
| CORPORATIONS - application by ASIC for appointment of receivers and managers under s 1323 of the Corporations Act 2001 (Cth) - held: application granted |
| Date: 27 Aug 2024 Judge: MOSHINSKY J |
19. EDT16 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 896
| MIGRATION - application for extension of time to appeal - protection visa - where the applicant was self-represented in the Federal Circuit and Family Court of Australia (Division 2) - where the application for an extension of time was filed 49 days |
| Date: 14 Aug 2024 Judge: MOSHINSKY J |
20. EIL18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 887
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) - protection visa - where the Immigration Assessment Authority affirmed decision of delegate of the Minister to refuse protection visa - where the primary judge held |
| Date: 9 Aug 2024 Judge: MOSHINSKY J |
21. Elzain v Deputy Commissioner of Taxation [2024] FCA 873
| PRACTICE AND PROCEDURE - application for leave to appeal - suppression and non-publication orders - where the Deputy Commissioner of Taxation applied on an ex parte basis for freezing orders - where the Deputy Commissioner of Taxation relied on a |
| Date: 7 Aug 2024 Judge: MOSHINSKY J |
| PRACTICE AND PROCEDURE - application for permanent stay or strike out of a particular claim - where the applicants (the insureds) claimed that the first respondent (the insurer) had breached its duty of utmost good faith - where the insurer |
| Date: 1 Aug 2024 Judge: MOSHINSKY J |
23. Crawford, in the matter of Booktopia Pty Ltd [2024] FCA 856
| CORPORATIONS - external administration - application by administrators of company for extension of convening period for second meeting of creditors - application by administrators for relief from personal liability in respect of certain debts and |
| Date: 29 Jul 2024 Judge: MOSHINSKY J |
24. Comite Interprofessionnel du Vin de Champagne v Network Nutrition Pty Ltd [2024] FCA 780
| PRACTICE AND PROCEDURE - costs - appeal from decision of Registrar of Trade Marks - where proceeding resolved on the eve of final hearing - where agreed resolution involved the appellants discontinuing the proceeding - where the parties did not |
| Date: 11 Jul 2024 Judge: MOSHINSKY J |
25. Australian Securities and Investments Commission v PayPal Australia Pty Limited [2024] FCA 762
| CORPORATIONS - unfair contract terms - where the respondent included a term to the effect that the user of its services had 60 days to notify the respondent in writing of any fee error and that, if the user did not notify the respondent within that |
| Date: 4 Jul 2024 Judge: MOSHINSKY J |
26. Melbourne Bone and Joint Clinic Pty Ltd v Registrar of Trade Marks [2024] FCA 53
| TRADE MARKS - appeal from decision of the Registrar of Trade Marks - where a delegate of the Registrar decided to reject an application to register as a trade mark MELBOURNE BONE AND JOINT CLINIC - hearing de novo - whether the mark was to any |
| Date: 7 Feb 2024 Judge: MOSHINSKY J |
27. Raymon v Professional Services Review Committee No 1280 [2024] FCA 49
| ADMINISTRATIVE LAW - application for judicial review of administrative decision - final report of professional services review committee under Health Insurance Act 1973 (Cth) - general practitioner - where the committee found that the practitioner |
| Date: 7 Feb 2024 Judge: MOSHINSKY J |
28. Australian Competition and Consumer Commission v Honda Australia Pty Ltd (No 2) [2023] FCA 1655
| COSTS - where the applicant (the ACCC) sought declarations of contravention of misleading or deceptive conduct provisions and the imposition of a pecuniary penalty - where the main issue in dispute at the hearing was the quantum of the pecuniary |
| Date: 22 Dec 2023 Judge: MOSHINSKY J |
29. Australian Competition and Consumer Commission v Honda Australia Pty Ltd [2023] FCA 1602
| CONSUMER LAW - misleading or deceptive conduct - where the respondent (Honda) sold Honda-branded motor vehicles and parts in Australia - where Honda undertook a business restructure to change from a franchise dealer model to an agency dealer model - |
| Date: 15 Dec 2023 Judge: MOSHINSKY J |
| CORPORATIONS - continuous disclosure - pecuniary penalty - where, in an earlier judgment, the Court found that the defendant had contravened s 674(2) of the Corporations Act 2001 (Cth) - where the maximum penalty at the relevant time was $1 million - |
| Date: 8 Dec 2023 Judge: MOSHINSKY J |
31. Save the Children Australia v Minister for Home Affairs (No 2) [2023] FCA 1542
| COSTS - where applicant sought a writ of habeas corpus on behalf of women and children being detained overseas - where applicant was unsuccessful - where applicant sought an order that each party bear its or their own costs - whether proper basis to |
| Date: 7 Dec 2023 Judge: MOSHINSKY J |
32. GKYW v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1543
| MIGRATION - character case - where applicant's visa was subject to mandatory cancellation - where a delegate decided not to revoke the cancellation decision - where the Tribunal affirmed the decision of the delegate - where the applicant contended |
| Date: 7 Dec 2023 Judge: MOSHINSKY J |
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where delegate of the Minister refused visa on character grounds - where the applicable Ministerial Direction under s 499 of the Migration Act 1958 (Cth) |
| Date: 6 Dec 2023 Judge: MOSHINSKY J |
34. PepsiCo, Inc v Commissioner of Taxation [2023] FCA 1490
| TAXATION - royalty withholding tax - where the taxpayers were United States companies - where the taxpayers entered into exclusive bottling agreements (EBAs) with an Australian company under which the Australian company would manufacture, bottle, |
| Date: 30 Nov 2023 Judge: MOSHINSKY J |
35. Impiombato v BHP Group Limited (No 4) [2023] FCA 1354
| PRACTICE AND PROCEDURE - representative proceeding - form of opt out notice - where an issue arose between the parties as to the correct interpretation of "group member" definition |
| Date: 3 Nov 2023 Judge: MOSHINSKY J |
36. AIX20 v Director-General of Security [2023] FCA 1344
| PRACTICE AND PROCEDURE - application for summary dismissal of the applicant's negligence claim on the basis that no duty of care was owed by the respondent to the applicant - where the alleged duty of care was based on statutory provisions and on |
| Date: 3 Nov 2023 Judge: MOSHINSKY J |
37. Save the Children Australia v Minister for Home Affairs [2023] FCA 1343
| ADMINISTRATIVE LAW - habeas corpus - where Australian women and their children were being detained by a non-state actor in camps in North-East Syria - where the applicant (a registered charity with the purpose of supporting children in need) applied |
| Date: 3 Nov 2023 Judge: MOSHINSKY J |
38. Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 7) [2023] FCA 1273
| CORPORATIONS - misleading or deceptive conduct - auditors - representative proceeding on behalf of shareholders in a company against the auditors of the company - where the applicant alleged that the auditors engaged in misleading or deceptive |
| Date: 19 Oct 2023 Judge: MOSHINSKY J |
39. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (No 2) [2023] FCAFC 169
| PRACTICE AND PROCEDURE - form of orders to be made following judgment of the Full Court |
| Date: 18 Oct 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
40. Carbon Revolution Limited, in the matter of Carbon Revolution Limited (No 3) [2023] FCA 1270
| CORPORATIONS - scheme of arrangement - second court hearing - where scheme had been approved by requisite majorities - where all statutory and procedural requirements satisfied - where the plaintiff sought Court approval of amendments to the scheme - |
| Date: 18 Oct 2023 Judge: MOSHINSKY J |
| CORPORATIONS - continuous disclosure - share placement - where the defendant (ANZ) undertook a fully underwritten institutional share placement to raise $2.5 billion - where the Underwriters recommended that approximately $754 million of the shares |
| Date: 13 Oct 2023 Judge: MOSHINSKY J |
42. Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158
| PATENTS - construction - whether the primary judge erred in construction of "downhole equipment" and "downhole gathering data system" as excluding equipment for use in holes drilled for oil and gas exploration and production and wireline telemetry |
| Date: 29 Sep 2023 Judge: MOSHINSKY, BURLEY AND KENNETT JJ |
43. Impiombato v BHP Group Limited (No 3) [2023] FCA 1104
| PRACTICE AND PROCEDURE - discovery - representative proceeding - shareholder class action - whether to order non-standard discovery (as sought by the applicants) - whether categories of discovery proposed by the applicants appropriate - where class |
| Date: 14 Sep 2023 Judge: MOSHINSKY J |
44. UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 3) [2023] FCA 1079
| PRACTICE AND PROCEDURE - patent litigation - form of final orders - costs - where applicant successful in defeating infringement claim - where applicant largely successful in unjustified threats claim - where first respondent (the patentee) |
| Date: 12 Sep 2023 Judge: MOSHINSKY J |
| CORPORATIONS - scheme of arrangement - first court hearing - applicable principles - whether statutory prerequisites to the making of orders convening a meeting have been met - whether it is appropriate for the Court to exercise its discretion in |
| Date: 6 Sep 2023 Judge: MOSHINSKY J |
46. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
| CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to detrimental conduct engaged in prior to amendments |
| Date: 30 Aug 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
47. Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd (No 2) [2023] FCA 1033
| PRACTICE AND PROCEDURE - representative proceeding - form of orders following initial trial - whether declaration relating to contractual breach necessary and appropriate - whether pre-judgment interest on damages should be calculated from date of |
| Date: 29 Aug 2023 Judge: MOSHINSKY J |
48. Fine China Capital Investment Limited v Qi (No 2) [2023] FCA 1059
| PRACTICE AND PROCEDURE - freezing order - inter partes hearing - whether existing freezing order should continue - whether applicant had established good arguable case - whether danger of dissipation of assets - held: freezing order continued |
| Date: 29 Aug 2023 Judge: MOSHINSKY J |
49. Australian Securities and Investments Commission v Commonwealth Bank of Australia [2023] FCAFC 135
| CORPORATIONS - conflicted remuneration - Div 4 of Pt 7.7A of the Corporations Act 2001 (Cth) (Act) - where the first respondent (CBA) and the second respondent (CFSIL) entered into arrangements whereby CFSIL would develop and manage, and CBA would |
| Date: 17 Aug 2023 Judge: MOSHINSKY, O'BRYAN AND JACKMAN JJ |
50. Buzadzic v Commissioner of Taxation [2023] FCA 954
| TAXATION - appeal on question of law from the Administrative Appeals Tribunal - assessment under s 167 of the Income Tax Assessment Act 1936 (Cth) - whether the Tribunal applied the wrong test for burden of proof - whether the Tribunal made findings |
| Date: 16 Aug 2023 Judge: MOSHINSKY J |
51. Kim v Wang (No 2) [2023] FCAFC 122
| PRACTICE AND PROCEDURE - remitter - residual claim for compensation by representative applicant and claim for relief remitted to trial Judge - balance of the proceedings remitted for case management - orders made |
| Date: 3 Aug 2023 Judge: MOSHINSKY, LEE AND JACKMAN JJ |
| CORPORATIONS - winding up - where deed of company arrangement terminated by the Court - where the deed administrators therefore became the liquidators of the company - where a creditor applied to have a new person appointed as liquidator in place of |
| Date: 2 Aug 2023 Judge: MOSHINSKY J |
53. UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885
| PATENTS - infringement - patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a car park) - where claim 1 comprised a system including a communication system and a computer |
| Date: 2 Aug 2023 Judge: MOSHINSKY J |
54. Kim v Wang [2023] FCAFC 115
| CORPORATIONS - misleading or deceptive conduct in relation to financial services - accessorial liability - where the applicant alleged at first instance that two companies (TM Index and TMK Index) made representations to potential investors that the |
| Date: 25 Jul 2023 Judge: MOSHINSKY, LEE AND JACKMAN JJ |
55. Fine China Capital Investment Limited v Qi [2023] FCA 861
| PRACTICE AND PROCEDURE - application for freezing order - ex parte application for freezing order - service outside Australia - application for leave to serve order outside Australia - application for substituted service |
| Date: 24 Jul 2023 Judge: MOSHINSKY J |
56. Ford, in the matter of Ten Sixty Four Limited [2023] FCA 862
| CORPORATIONS - administration - application under s 439A of the Corporations Act 2001 (Cth) to extend convening period for second meeting of creditors - orders made |
| Date: 24 Jul 2023 Judge: MOSHINSKY J |
57. Bblood Enterprises Pty Ltd v Commissioner of Taxation [2023] FCAFC 114
| PRACTICE AND PROCEDURE - costs - where two taxation proceedings were heard together at first instance and on appeal - where the Commissioner was successful in both proceedings at first instance - where the taxpayer appealed and was unsuccessful in |
| Date: 21 Jul 2023 Judge: MOSHINSKY, COLVIN AND HESPE JJ |
| 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 |
59. Marundrury v Commonwealth Bank of Australia (No 3) [2023] FCA 807
| PRACTICE AND PROCEDURE - application by applicants for leave to filed proposed pleading - application by respondent (the Bank) for summary dismissal of the proceeding - where the Bank contended that it could not plead to, or properly defend itself |
| Date: 13 Jul 2023 Judge: MOSHINSKY J |
60. Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2023] FCA 741
| CONTRACT - construction - where the applicant and group members were authorised representatives of the respondent (AMPFP) - where the contracts between the applicant/group members and AMPFP included a buyer of last resort (BOLR) policy that provided |
| Date: 5 Jul 2023 Judge: MOSHINSKY J |
| TAXATION - where primary judge held that s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) applied to deny beneficiary's present entitlement - whether primary judge erred in construing s 100A(8) of the ITAA 1936 - where primary judge |
| Date: 9 Jun 2023 Judge: MOSHINSKY, COLVIN and HESPE JJ |
62. Lim v Flinders University of South Australia (No 3) [2023] FCA 618
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where the application related to a costs order made by a Judge of the Court - whether the Judge was exercising appellate jurisdiction - whether application was |
| Date: 8 Jun 2023 Judge: MOSHINSKY J |
63. The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533
| PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the respondents are registered in Hong Kong and China - where the applicant claims that the respondents are infringing its Australian patents by conduct in |
| Date: 23 May 2023 Judge: MOSHINSKY J |
64. 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 |
65. QB4 Capital Pty Limited v Guardian Securities Limited [2023] FCAFC 72
| EQUITY - registered managed investment scheme - where underlying assets held on sub-trust for the unitholders in the registered managed investment scheme - whether expenses properly incurred so as to entitle the trustee to indemnity from the trust |
| Date: 19 May 2023 Judge: MOSHINSKY, STEWART AND JACKMAN JJ |
66. Australian Securities and Investments Commission v MLC Limited [2023] FCA 539
| CORPORATIONS - financial services - false or misleading representations in connection with the supply of financial services - where the respondent failed to provide a rehabilitation bonus benefit to 119 customers who were entitled to that benefit |
| Date: 18 May 2023 Judge: MOSHINSKY J |
67. Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2023] FCA 504
| PRACTICE AND PROCEDURE - preliminary discovery - pre-action production of samples - where the prospective applicant sought production of samples for testing to assist it in deciding whether to commence a proceeding to obtain relief from the |
| Date: 15 May 2023 Judge: MOSHINSKY J |
68. Toyota Motor Corporation Australia Limited v Williams (No 2) [2023] FCAFC 70
| PRACTICE AND PROCEDURE - costs - where appeal allowed - where both the appellant and the respondents had a substantial measure of success in relation to the issues canvassed on the appeal - where the outcome of the appeal left intact the success of |
| Date: 12 May 2023 Judge: MOSHINSKY, COLVIN AND STEWART JJ |
69. Minister for Immigration, Citizenship and Multicultural Affairs v HSRN [2023] FCAFC 68
| MIGRATION - review of decision of AAT - Direction No. 90 - expectations of the Australian community - whether Tribunal made own assessment - whether the expectations of the Australian community are necessarily adverse when a person has failed the |
| Date: 11 May 2023 Judge: MOSHINSKY, STEWART AND JACKMAN JJ |
70. New Aim Pty Ltd v Leung [2023] FCAFC 67
| EQUITY - confidential information - where the appellant conducted online retail business and sourced products from China - where the first respondent was employee of appellant until resignation - where the first respondent kept contact details of |
| Date: 10 May 2023 Judge: KENNY, MOSHINSKY, BANKS-SMITH, THAWLEY AND CHEESEMAN JJ |
| PRACTICE AND PROCEDURE - costs - where appeal allowed - where appellant successful in relation to some, but not all, grounds of appeal - where the respondent submitted that costs should be determined on an issues basis - whether the Court should |
| Date: 14 Apr 2023 Judge: BROMBERG, MOSHINSKY AND BROMWICH JJ |
72. Australian Competition and Consumer Commission v Ashton Raggatt McDougall Pty Ltd [2023] FCA 351
| COMPETITION - cartel conduct - where director of a firm of architects sent two emails to eight architectural firms requesting that they not submit a tender for a large development project - where the emails were retracted shortly after the second |
| Date: 13 Apr 2023 Judge: MOSHINSKY J |
73. Toyota Motor Corporation Australia Limited v Williams [2023] FCAFC 50
| CONSUMER LAW - representative proceedings - alleged defect in motor vehicle by reason of defective exhaust system - where primary judge found breach of guarantee of acceptable quality pursuant to s 54 Australian Consumer Law - consideration of |
| Date: 27 Mar 2023 Judge: MOSHINSKY, COLVIN AND STEWART JJ |
| INDUSTRIAL LAW - pecuniary penalties - where the ABCC brought proceedings against one union respondent and several individual respondents for contravention of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) - where the |
| Date: 15 Mar 2023 Judge: BROMBERG, MOSHINSKY AND BROMWICH JJ |
75. Romanovski v RCG (Aust) Pty Ltd [2023] FCA 210
| CORPORATIONS - oppression - application for interlocutory injunction to restrain removal of the first plaintiff as a director - application for access to books or financial records of a company - application for discovery |
| Date: 7 Mar 2023 Judge: MOSHINSKY J |
| TAXATION - goods and services tax - precious metal - scrap gold - appeal and cross-appeal - where Administrative Appeals Tribunal considered taxpayer's entitlement to input tax credits in the periods 1 August 2016 to 30 November 2016 (First Period) |
| Date: 23 Feb 2023 Judge: MOSHINSKY, THAWLEY AND HESPE JJ |
77. Airco Fasteners Pty Ltd v Illinois Tool Works Inc [2023] FCAFC 7
| PATENTS - where invention claimed is a fuel cell for use in a combustion tool - construction of claims - role of expert evidence - meaning of "close proximity" - meaning of "opposite" - appeal dismissed |
| Date: 13 Feb 2023 Judge: RARES, MOSHINSKY AND BURLEY JJ |
78. Muriniti v Lawcover Insurance Pty Ltd [2023] FCA 33
| BANKRUPTCY - applications to set aside bankruptcy notices - where the applicants were legal practitioners and held professional indemnity insurance with the respondent (the Insurer) at the relevant time - where personal costs orders were made |
| Date: 30 Jan 2023 Judge: MOSHINSKY J |
79. Commissioner of Taxation v Landcom [2022] FCAFC 204
| TAXATION - appeal from decision of primary judge setting aside objection decision - objection to private ruling - where single contract of sale concerned the sale of freehold interests in four lots of land - whether sale would be a single "supply" |
| Date: 22 Dec 2022 Judge: WIGNEY, MOSHINSKY AND HESPE JJ |
| MIGRATION - partner visa - where the visa applicant (the appellant) and the sponsor were married for approximately three months - where the Tribunal was not satisfied that the appellant was the "spouse" or "de facto partner" of the sponsor at the |
| Date: 21 Dec 2022 Judge: MOSHINSKY J |
81. QBE Insurance Australia Limited v The Grape House Group Pty Ltd [2022] FCA 1527
| INSURANCE - trade insurance policy - where the insured made a claim under the policy in respect of unpaid debts - where the insurer accepted the claim and paid the insured the insured percentage (90%) of the unpaid debts - where the insured |
| Date: 16 Dec 2022 Judge: MOSHINSKY J |
82. Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192
| COSTS - where trial judge extended life of creditor's petition nunc pro tunc under slip rule - where appeal upheld and sequestration order set aside - where trustee appointed to administer bankrupt's estate incurred costs - whether Court should |
| Date: 15 Dec 2022 Judge: BROMBERG, MOSHINSKY AND MCELWAINE JJ |
83. McLeod v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1479
| MIGRATION - where Minister served a notice of intention to consider cancellation of a visa under s 501(2) of the Migration Act 1958 (Cth) - where the notice attached material said to suggest that the visa holder did not pass the character test by |
| Date: 9 Dec 2022 Judge: MOSHINSKY J |
84. Australian Competition and Consumer Commission v Telstra Corporation Limited [2022] FCA 1398
| CONSUMER LAW - misleading or deceptive conduct - internet broadband - where the respondent provided internet broadband plans using the NBN to residential customers - where the respondent represented that it would test the maximum attainable speed |
| Date: 11 Nov 2022 Judge: MOSHINSKY J |
85. Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2022] FCA 1399
| CONSUMER LAW - misleading or deceptive conduct - internet broadband - where the respondent provided internet broadband plans using the NBN to residential customers - where the respondent represented that it would check and confirm a customer's |
| Date: 11 Nov 2022 Judge: MOSHINSKY J |
86. Australian Competition and Consumer Commission v Optus Internet Pty Limited [2022] FCA 1397
| CONSUMER LAW - misleading or deceptive conduct - internet broadband - where the respondent provided internet broadband plans using the NBN to residential customers - where the respondent represented that it would check and confirm the maximum |
| Date: 11 Nov 2022 Judge: MOSHINSKY J |
87. Di Gregorio v Lumi Finance Pty Ltd [2022] FCA 1256
| PRACTICE AND PROCEDURE - costs - application for indemnity costs - application for costs order against solicitors |
| Date: 21 Oct 2022 Judge: MOSHINSKY J |
| CORPORATIONS - financial services - fees for no services - where the defendants deducted a plan service fee (PSF) to which they were not entitled from the accounts of members of a superannuation plan for a period of over three years - where the |
| Date: 20 Sep 2022 Judge: MOSHINSKY J |
89. Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152
| PRACTICE AND PROCEDURE- power of the Court to invoke the "slip rule" to extend the term of a creditor's petition under the Bankruptcy Act 1966 (Cth) - where 12-month period had expired - whether slip rule available to retrospectively extend life of |
| Date: 9 Sep 2022 Judge: BROMBERG, MOSHINSKY AND MCELWAINE JJ |
| NATIVE TITLE - application for consent determination of native title - where parties filed minute of proposed orders and determination of native title - where the applicants and the first respondent prepared an agreed statement of facts - whether |
| Date: 8 Sep 2022 Judge: MOSHINSKY J |
| MIGRATION - protection visa - where the Tribunal found that the applicant was ineligible for the grant of a protection visa on the basis that, having been convicted by a final judgment of a particularly serious crime, he was a danger to the |
| Date: 5 Sep 2022 Judge: MOSHINSKY J |
92. DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 148
| MIGRATION - appeal from an order of the Federal Circuit and Family Court of Australia (Division 2) - where the primary judge upheld a decision of the Second Respondent to affirm a decision made by a delegate of the First Respondent to refuse to |
| Date: 1 Sep 2022 Judge: BROMBERG, MOSHINSKY AND HESPE JJ |
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - protection visa - where the applicant submitted two support letters to the Tribunal after the hearing - where the Tribunal did not raise with the applicant any concern as to the |
| Date: 29 Aug 2022 Judge: MOSHINSKY J |
94. Australian Building and Construction Commissioner v Australian Workers' Union [2022] FCAFC 143
| INDUSTRIAL LAW - civil penalties - admitted contraventions of s 475(2) of the Fair Work Act 2009 (Cth) - admitted contraventions of s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) - where primary judge imposed |
| Date: 29 Aug 2022 Judge: MOSHINSKY, O'CALLAGHAN AND SNADEN JJ |
95. APD Technology Pty Ltd v Maximo Developments Pty Ltd [2022] FCAFC 141
| EQUITY - fiduciary duty - real estate agent - where the appellant (APD) was a vendor of land - where the first respondent (MD) acted as APD's agent for the sale of the property - where the sale price at completion was $24 million plus GST - where |
| Date: 25 Aug 2022 Judge: MOSHINSKY, HALLEY AND O'SULLIVAN JJ |
96. Bob Brown Foundation Inc v Minister for the Environment and Water (No 3) [2022] FCA 989
| PRACTICE AND PROCEDURE - costs - where applicant successful at final hearing - where the decision-maker appeared and made submissions to assist the Court as to relevant statutory powers and procedures |
| Date: 24 Aug 2022 Judge: MOSHINSKY J |
97. Lawrence, in the matter of Cool Breeze Clothing Pty Ltd (in liquidation) [2022] FCA 985
| CORPORATIONS - liquidation - application by liquidators for approval to enter into a litigation funding agreement - where funding to be provided by the Commonwealth to enable the liquidators to conduct public examinations - approval granted |
| Date: 19 Aug 2022 Judge: MOSHINSKY J |
98. Silcocks Road Estate Pty Ltd v Pat Delaney Investments Pty Ltd [2022] FCA 946
| CORPORATIONS - application for review of decision of Judicial Registrar - application to set aside creditor's statutory demand - whether genuine dispute about the existence or amount of a debt to which the demand relates - where the company |
| Date: 19 Aug 2022 Judge: MOSHINSKY J |
99. Longley, in the matter of Dixon Advisory &
| CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to further extend the period in which the plaintiffs must convene the second meeting of the creditors under s 439A - whether appropriate case for further extension of |
| Date: 12 Aug 2022 Judge: MOSHINSKY J |
100. Birch, in the matter of Geelong Fire Services Pty Ltd (Administrators Appointed) [2022] FCA 963
| CORPORATIONS - administration - application for order relieving the administrators of personal liability in relation to a funding agreement with parent of company in administration - application for order to give effect to a security interest over |
| Date: 12 Aug 2022 Judge: MOSHINSKY J |
