Browse Federal Court JudgmentsBy Judge - Moshinsky J |
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: 553
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1. New Aim Pty Ltd v Leung (Costs) [2026] FCAFC 79
| COSTS – variation of costs orders made on appeal – no issue of principle |
| Date: 1 Jun 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
2. Comino v Watson Webb Pty Ltd [2026] FCAFC 66
| INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding |
| Date: 21 May 2026 Judge: MOSHINSKY, DOWNES AND OWENS JJ |
| PRACTICE AND PROCEDURE – discovery – without prejudice privilege – where party claiming privilege filed affidavit material that was general, conclusionary and not specific to particular documents – whether evidence sufficient to substantiate |
| Date: 28 Apr 2026 Judge: MOSHINSKY J |
4. BZO18 v Minister for Immigration and Citizenship [2026] FCA 513
| MIGRATION – appeal from Federal Circuit and Family Court of Australia – protection visa – where the appellant stated in the Tribunal hearing that the claims in her visa application were not correct and that they had been contrived by a third |
| Date: 27 Apr 2026 Judge: MOSHINSKY J |
5. New Aim Pty Ltd v Leung [2026] FCAFC 49
| CONTRACT – confidentiality – where the first respondent was employed by the appellant – where the employment contract contained a clause providing that the first respondent shall not misuse confidential information of the appellant – where |
| Date: 20 Apr 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
6. Panesar v Attorney-General (Cth) [2026] FCAFC 46
| CONSTITUTIONAL LAW – whether primary judge erred in finding there was a “matter” – whether there was a justiciable controversy between the parties – where appellant sought declaration that Australian officials had not consented to use of |
| Date: 15 Apr 2026 Judge: MOSHINSKY, SARAH C DERRINGTON AND STELLIOS JJ |
7. Lesbian Action Group Inc v Australian Human Rights Commission [2026] FCA 432
| DISCRIMINATION LAW – sex discrimination – exemption power – where the applicant applied to the Australian Human Rights Commission for an exemption from the prohibitions on discrimination on the grounds of sex, sexual orientation and gender |
| Date: 15 Apr 2026 Judge: MOSHINSKY J |
8. Younes v Minister for Immigration and Multicultural Affairs [2026] FCAFC 35
| MIGRATION – application for extension of time to appeal from a decision of the Federal Court – where appeal relies on grounds not argued before the primary judge – whether leave is granted to raise new grounds of appeal – where the proposed |
| Date: 27 Mar 2026 Judge: MOSHINSKY, ANDERSON AND DOWLING JJ |
| CORPORATIONS – financial products – Product Disclosure Statements – target market determinations – where defendant contravened provisions of the Corporations Act 2001 (Cth) by failing to give Product Disclosure Statements to retail clients |
| Date: 27 Mar 2026 Judge: MOSHINSKY J |
10. Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2026] FCAFC 30
| TAXATION – appeal from the decision of the primary judge dismissing an appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) – where appellant claimed deduction for a loss under Div 230 of the Income Tax Assessment Act 1997 (Cth) |
| Date: 26 Mar 2026 Judge: MOSHINSKY, HESPE AND BUTTON JJ |
11. Australian Securities and Investments Commission v Merhi (No 3) [2026] FCA 359
| CORPORATIONS – winding up – winding up on just and equitable grounds – where justifiable lack of confidence in the conduct and management of the companies’ affairs – where strong grounds to consider that the companies may have committed |
| Date: 25 Mar 2026 Judge: MOSHINSKY J |
12. Dunstan v Orr [2026] FCA 212
| PRACTICE AND PROCEDURE – application for leave to appeal – where the primary judge granted the respondents’ application for summary dismissal – whether sufficient doubt as to the correctness of the primary judge’s decision to warrant |
| Date: 6 Mar 2026 Judge: MOSHINSKY J |
13. Lindrum v T&P Lindrum Pty Ltd (No 2) [2026] FCA 162
| PRACTICE AND PROCEDURE – costs – where applicant applied for interlocutory injunction against respondent and two non-parties – where applicant applied to join the non-parties – where both applications unsuccessful – whether applicant |
| Date: 26 Feb 2026 Judge: MOSHINSKY J |
| PRACTICE AND PROCEDURE – subpoenas – application to set aside subpoena – where subpoena issued at the request of Court-appointed receivers and managers – where subpoena required bank to provide bank statements for accounts that the receivers |
| Date: 16 Feb 2026 Judge: MOSHINSKY J |
15. Australian Securities and Investments Commission v Saad [2026] FCA 110
| CORPORATIONS – travel restraint – where ASIC was conducting an investigation into the defendant and entities associated with him – where ASIC previously applied for, and was granted, travel restraint orders pursuant to s 1323 of the |
| Date: 13 Feb 2026 Judge: MOSHINSKY J |
16. Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCAFC 7
| NATIVE TITLE – future act regime – right to negotiate – expedited procedure – where the Government party gave notices pursuant to s 29 of the Native Title Act 1993 (Cth) (NTA) of proposed grants of exploration licences – where each notice |
| Date: 12 Feb 2026 Judge: MOSHINSKY, SARAH C DERRINGTON AND HILL JJ |
17. Minister for Immigration and Citizenship v RXJT [2026] FCA 33
| MIGRATION – protection visa – where the first respondent (RXJT) applied for protection visa – where the Minister’s delegate made a protection finding with respect to RXJT – where the delegate (pursuant to s 501(1) of the Migration Act 1958 |
| Date: 3 Feb 2026 Judge: MOSHINSKY J |
18. Gao v Australian Information Commissioner [2026] FCA 24
| ADMINISTRATIVE LAW – privacy – where the applicant made a complaint to the Australian Information Commissioner (AIC) that two companies (an electricity provider and a credit reporting body) had breached the Australian Privacy Principles in the |
| Date: 30 Jan 2026 Judge: MOSHINSKY J |
| CORPORATIONS LAW – distribution of financial products – target market determinations – where the defendant on 89 occasions issued interests in a fund to retail clients without requiring them to submit a completed questionnaire to enable |
| Date: 23 Dec 2025 Judge: MOSHINSKY J |
| CORPORATIONS – external administration – where receivers and managers appointed – where company in liquidation – where receivers and managers sought leave to sell certain assets (shares) – where judicial advice sought by company and by the |
| Date: 19 Dec 2025 Judge: MOSHINSKY J |
21. Lindrum v T&P Lindrum Pty Ltd [2025] FCA 1644
| INTELLECTUAL PROPERTY – application for interlocutory injunction to restrain alleged passing off and misleading or deceptive conduct – where the applicant is the grand-niece of Walter Lindrum, a famous billiards player – where the applicant |
| Date: 19 Dec 2025 Judge: MOSHINSKY J |
22. Aaron Sansoni Group International Pty Ltd v Manti (No 3) [2025] FCA 1568
| PRACTICE AND PROCEDURE – costs – contempt of court – where the applicant alleged that the first respondent and the second respondent had contravened court orders and were guilty of contempt – where some charges made out but other charges not |
| Date: 11 Dec 2025 Judge: MOSHINSKY J |
23. Impiombato v BHP Group Limited (No 6) [2025] FCA 1594
| REPRESENTATIVE PROCEEDINGS – settlement – application for approval of settlement – shareholder class action – where applicants alleged that the respondent failed to disclose material information relating to the risks associated with the |
| Date: 5 Dec 2025 Judge: MOSHINSKY J |
24. Australian Competition and Consumer Commission v Google Asia Pacific Pte Ltd [2025] FCA 1554
| COMPETITION LAW – prohibition against making a contract, arrangement or understanding in which a provision has the purpose, or would have or be likely to have the effect, of substantially lessening competition – where the respondent (Google) |
| Date: 2 Dec 2025 Judge: MOSHINSKY J |
25. SEP25 v Child Support Registrar [2025] FCA 1460
| BANKRUPTCY – costs – where judgment debtor paid judgment debt a short time before the hearing of creditor’s petition – where primary judge ordered the debtor to pay the creditor’s costs – where debtor purported to appeal to this Court |
| Date: 26 Nov 2025 Judge: MOSHINSKY J |
26. Mao v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 153
| MIGRATION – appeal – where applicant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the applicant sought revocation of the cancellation decision – where a delegate of the Minister decided not to revoke the |
| Date: 7 Nov 2025 Judge: MOSHINSKY, ANDERSON AND DOWLING JJ |
27. Australian Securities and Investments Commission v Merhi (No 2) [2025] FCA 1343
| CORPORATIONS – application for appointment of provisional liquidators – companies no longer trading – application not opposed – application for interim injunction to restrain first defendant from carrying on financial services business and |
| Date: 27 Oct 2025 Judge: MOSHINSKY J |
28. Aaron Sansoni Group International Pty Ltd v Manti [2025] FCA 1229
| CONTEMPT OF COURT – civil contempt – where search order made against the first respondent – where search order required first respondent to permit search or copy or removal of electronic devices – where search order included an order |
| Date: 9 Oct 2025 Judge: MOSHINSKY J |
29. The NOCO Company v Brown and Watson International Pty Ltd (No 2) [2025] FCA 1176
| PRACTICE AND PROCEDURE – costs – where cross-claim alleging invalidity of asserted claims in three patents succeeded – where claim alleging infringement of patents unsuccessful due to invalidity of asserted claims – whether appropriate to |
| Date: 24 Sep 2025 Judge: MOSHINSKY J |
30. Haverkort v Qantas Airways Limited [2025] FCA 1147
| REPRESENTATIVE PROCEEDINGS – opt out notice – consideration of form of opt out notice – whether emails with opt out notice should be sent from an email address of the respondent – whether personal details (booking reference numbers and |
| Date: 18 Sep 2025 Judge: MOSHINSKY J |
31. Knight v Defence Force Ombudsman [2025] FCA 1098
| ADMINISTRATIVE LAW – judicial review – where the applicant made a complaint to the Defence Force Ombudsman (DFO) regarding the handling of an earlier complaint made by the applicant to the Defence Abuse Response Taskforce – where the DFO |
| Date: 11 Sep 2025 Judge: MOSHINSKY J |
| CORPORATIONS – freezing orders – application to vary existing freezing orders to cover all assets of the relevant respondents – whether freezing orders should differentiate between the respondents, with different frozen amounts for each |
| Date: 11 Sep 2025 Judge: MOSHINSKY J |
33. Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2025] FCAFC 123
| REPRESENTATIVE PROCEEDINGS – where appeal allowed in part – form of orders – whether appropriate to make declarations of contravention where no loss established – whether appropriate to remit the balance of the proceeding where “no |
| Date: 4 Sep 2025 Judge: MURPHY, MOSHINSKY AND BUTTON JJ |
| PRACTICE AND PROCEDURE – discovery – application for particular discovery – where standard discovery ordered – where respondent contended that the applicant should have adopted an earlier start date for the purpose of making discovery |
| Date: 27 Aug 2025 Judge: MOSHINSKY J |
35. Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
| CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – |
| Date: 22 Aug 2025 Judge: MOSHINSKY J |
36. Dunn, in the matter of Centrex Limited (Subject to Deed of Company Arrangement) [2025] FCA 995
| CORPORATIONS – insolvency – where company subject to deed of company arrangement – where deed administrators sought leave pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) to transfer all the shares in the company for no |
| Date: 19 Aug 2025 Judge: MOSHINSKY J |
37. Envirosuite Limited, in the matter of Envirosuite Limited (No 2) [2025] FCA 941
| 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 |
| Date: 8 Aug 2025 Judge: MOSHINSKY J |
38. The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
| PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – priority date – where the patents in suit claimed an earliest priority date based on the filing date of a PCT application – where the |
| Date: 7 Aug 2025 Judge: MOSHINSKY J |
39. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2025] FCAFC 97
| PRACTICE AND PROCEDURE – suppression or non-publication orders – where the respondent filed an interlocutory application seeking suppression or non-publication orders in respect of four figures in the judgment of the Full Court on the basis of |
| Date: 30 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
40. Angel Holdco Pty Ltd v WIJOAV Services Pty Ltd [2025] FCA 872
| PRACTICE AND PROCEDURE – application for leave to appeal – application for expedition – where the primary judge delivered judgment on liability issues but not quantification issues – where the quantum hearing is listed for November 2025 – |
| Date: 29 Jul 2025 Judge: MOSHINSKY J |
41. Australian Securities and Investments Commission v Merhi [2025] FCA 829
| CORPORATIONS – travel restraint – where ASIC was conducting an investigation into each defendant and entities associated with them – where ASIC applied for travel restraint orders pursuant to s 1323 of the Corporations Act 2001 (Cth) – where |
| Date: 17 Jul 2025 Judge: MOSHINSKY J |
42. AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
| COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the |
| Date: 9 Jul 2025 Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
43. Envirosuite Limited, in the matter of Envirosuite Limited [2025] FCA 734
| 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 – |
| Date: 1 Jul 2025 Judge: MOSHINSKY J |
| PRACTICE AND PROCEDURE – stay of proceedings – application for stay of civil proceeding in light of possible criminal proceedings – applicable principles – whether criminal proceeding was a reasonable possibility – where some steps in the |
| Date: 24 Jun 2025 Judge: MOSHINSKY J |
45. Levitt v Luke in his capacity as the co-executor of the estate of Luke (Deceased) [2025] FCAFC 79
| REPRESENTATIVE PROCEEDING – appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – where primary judge disallowed a portion of claimed legal fees on basis that solicitor for the lead |
| Date: 12 Jun 2025 Judge: MOSHINSKY, BUTTON AND SHARIFF JJ |
46. Green v Johnson and Johnson Pacific Pty Ltd [2025] FCA 583
| PRACTICE AND PROCEDURE – representative proceeding – pleadings – strike out application – where the respondent sold medication for cold and flu – where the applicant alleged that the packaging stated that the products provided effective |
| Date: 2 Jun 2025 Judge: MOSHINSKY J |
47. TCXM v Minister for Immigration and Multicultural Affairs [2025] FCA 540
| MIGRATION – where the applicant was issued with a bridging visa and released from immigration detention following the decision of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 |
| Date: 26 May 2025 Judge: MOSHINSKY J |
48. Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited [2025] FCAFC 63
| CORPORATIONS - continuous disclosure – whether the respondent (the Bank) breached its continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) and rule 3.1 of the ASX Listing Rules – where, over a period of about three |
| Date: 7 May 2025 Judge: MURPHY, MOSHINSKY AND BUTTON JJ |
49. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
61. 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 |
62. 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 |
64. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
79. 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 |
80. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
90. 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 |
91. 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 |
92. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
