Browse Federal Court JudgmentsBy Judge - Needham J |
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: 86
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1. Webb v Australian Information Commissioner [2026] FCA 678
| ADMINISTRATIVE LAW – application for judicial review of decision to affirm Services Australia’s refusal of the applicant’s freedom of information request – practical reason refusal – whether the Court or the Administrative Review Tribunal |
| Date: 1 Jun 2026 Judge: NEEDHAM J |
2. Williams v Albarran (Interlocutory Relief) [2026] FCA 680
| PRACTICE AND PROCEDURE – application for injunction – where the first and second respondents were receivers of property owned by third and fourth applicants arising out of security granted to third respondent – where the claims against the |
| Date: 1 Jun 2026 Judge: NEEDHAM J |
3. Houten v Lennon (No 2) [2026] FCAFC 57
| PRACTICE AND PROCEDURE – security for costs – interlocutory application to vary or set aside security for costs order – self-executing order – whether material change in circumstances established – insufficient evidence – application |
| Date: 6 May 2026 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
4. Damuni v Minister for Immigration and Citizenship [2026] FCA 474
| MIGRATION – application for leave to extend time to appeal from a decision of the Administrative Review Tribunal – where Tribunal did not revoke decision of a delegate of the Minister to cancel the applicant’s visa – where applicant had a |
| Date: 22 Apr 2026 Judge: NEEDHAM J |
5. Turner v Chandler Macleod Group Limited (Costs) [2026] FCA 458
| COSTS – application for costs in a matter arising under the Fair Work Act 2009 (Cth) – whether the applicant instituted proceedings without reasonable cause – whether the applicant’s unreasonable act or omission caused the first respondent |
| Date: 17 Apr 2026 Judge: NEEDHAM J |
6. ZTBL v Minister for Immigration and Citizenship [2026] FCAFC 48
| MIGRATION – appeal against primary judge’s decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of the Minister for Immigration and Citizenship not to revoke |
| Date: 16 Apr 2026 Judge: MARKOVIC, HESPE and NEEDHAM JJ |
7. Hubexo Australia Pty Ltd v CoreLogic Australia Pty Ltd (Amendment of Defence) [2026] FCA 547
| PRACTICE AND PROCEDURE – application to amend defence filed on second day of a six-week hearing – where proposed amendments sought to withdraw previous admissions and introduce new defences – lack of explanation for the delay – where |
| Date: 15 Apr 2026 Judge: NEEDHAM J |
8. Yang v Wong [2026] FCAFC 39
| CORPORATIONS – unreasonable director-related transaction – whether transactions taken as a whole constitute a payment to a close associate of a director under s 588FDA(1)(b)(ii) of the Corporations Act 2001 (Cth) – payment by company A to |
| Date: 8 Apr 2026 Judge: CHARLESWORTH, JACKMAN AND NEEDHAM JJ |
9. Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd (Costs) [2026] FCA 366
| COSTS – offer made before trial commenced – respondent’s rejection of Calderbank offer not unreasonable in the circumstances of a very short period given to consider the offer – less than 28 hours in the last business day before the trial |
| Date: 1 Apr 2026 Judge: NEEDHAM J |
10. Deputy Commissioner of Taxation v CCZ26 [2026] FCA 320
| PRACTICE AND PROCEDURE – application by the respondents for suppression order over documents filed in the proceedings and for identification of parties by pseudonym after access request by media – where freezing orders in the public domain but |
| Date: 23 Mar 2026 Judge: NEEDHAM J |
11. Hubexo Australia Pty Ltd v CoreLogic Australia Pty Ltd (Amendment of Particulars) [2026] FCA 515
| PRACTICE AND PROCEDURE – where the applicant seeks leave to amend the particulars of loss and damage claimed in the pleadings – where the particulars refer to confidential annexures to an expert report which concern cessation dates for customers |
| Date: 17 Mar 2026 Judge: NEEDHAM J |
12. Barnden (Trustee), in the matter of the Bankrupt Estate of Khattar [2026] FCA 306
| BANKRUPTCY AND INSOLVENCY – application for discharge of examination summons under r 6.11 of the Federal Court (Bankruptcy) Rules 2016 (Cth) on the basis of impaired cognitive function – evidence of significant cognitive impairment consistent |
| Date: 17 Mar 2026 Judge: NEEDHAM J |
13. FIX17 v Minister for Immigration and Citizenship [2026] FCA 259
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Administrative Review Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to |
| Date: 13 Mar 2026 Judge: NEEDHAM J |
| CORPORATIONS - appeal - investment in property development - whether the first appellant breached s 12DA(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making representations about expected timeframe of development and |
| Date: 10 Mar 2026 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
15. Aitken v Commissioner of Taxation [2026] FCAFC 18
| TAXATION – income tax – appeal from decision of single judge of the Federal Court– where appellant held forestry interests in a forestry managed investment scheme – where appellant and all other participants held put options over forestry |
| Date: 6 Mar 2026 Judge: PERRAM, DOWNES AND NEEDHAM JJ |
16. Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd [2026] FCA 202
| TRADE MARKS – appeal from decision of Registrar – non-use – mark used in relevant period as part of composite marks – “mark within a mark” – appeal allowed TRADE MARKS – whether second word in each of composite marks used after trade |
| Date: 4 Mar 2026 Judge: NEEDHAM J |
17. Turner v Chandler Macleod Group Limited [2026] FCA 139
| PRACTICE AND PROCEDURE – applications for summary judgment and to set aside or strike out the applicant’s claim by various respondents – Originating Application and Statement of Claim have no reasonable prospect of being successfully |
| Date: 27 Feb 2026 Judge: NEEDHAM J |
18. Koutsouroupas v Minister for Health and Aged Care [2026] FCAFC 13
| ADMINISTRATIVE LAW – statutory construction – where s 92A(1)(f) and (1A) of the National Health Act 1953 (Cth) allowed Minister to determine conditions by legislative instrument – where Minister imposed conditions regarding “dispensing” |
| Date: 25 Feb 2026 Judge: RANGIAH, MEAGHER AND NEEDHAM JJ |
19. Nimhurchu v QBE Insurance (Australia) Pty Ltd [2026] FCA 59
| HIGH COURT AND FEDERAL COURT – application for declarations of right and ancillary orders pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth) – where applicant relied on the accrued jurisdiction of the Court to seek ancillary |
| Date: 6 Feb 2026 Judge: NEEDHAM J |
20. Yang v Option Funds Management Limited (Application to Vacate Hearing) [2026] FCA 46
| PRACTICE AND PROCEDURE – application to vacate hearing date – one week between application to vacate and date of hearing – new representation for three of five respondents instructed two weeks before application during court vacation period |
| Date: 28 Jan 2026 Judge: NEEDHAM J |
21. Po’oi v Minister for Immigration and Citizenship [2025] FCAFC 192
| MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether time spent by Minister considering material prepared by departmental officers in relation to |
| Date: 19 Dec 2025 Judge: SNADEN, KYROU AND NEEDHAM JJ |
22. Benjamin Hornigold Ltd v John Bridgeman Limited (Non-party costs order) [2025] FCA 1682
| COSTS – power of the Court to make a costs order against a non-party under s 43(1) of the Federal Court of Australia Act 1976 (Cth) – where the non-party has played an active part in the litigation – discretion to order non-party costs against |
| Date: 18 Dec 2025 Judge: NEEDHAM J |
23. Gavin v Svitzer Australia Pty Ltd [2025] FCA 1623
| INDUSTRIAL LAW – employment – whether adverse action taken against applicant because applicant exercised workplace rights under s 340 of the Fair Work Act 2009 (Cth) – whether applicant exercised workplace rights by making complaints or |
| Date: 18 Dec 2025 Judge: NEEDHAM J |
| INDUSTRIAL LAW – applicant employed by the Australian Public Service Commission (APSC) – whether APSC breached Pt 3-1 of Fair Work Act 2009 (Cth) (FW Act) – performance appraisals – applicant directed to attend Independent Medical |
| Date: 15 Dec 2025 Judge: NEEDHAM J |
25. Turner v Macleod Group Limited (Interim Suppression Order) [2025] FCA 1599
| PRACTICE AND PROCEDURE – application for interim suppression and non-publication orders under s 37AI of the Federal Court of Australia Act 1976 (Cth) – suppression and non-publication orders in effect until the hearing of interlocutory |
| Date: 12 Dec 2025 Judge: NEEDHAM J |
26. BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Strikeout) [2025] FCA 1600
| PRACTICE AND PROCEDURE – strikeout application brought in relation to pleadings substantially the same as in prior iterations – ongoing dispute about adequacy of pleading of inferences – hearing listed in April 2026 – importance of |
| Date: 12 Dec 2025 Judge: NEEDHAM J |
27. Chu v Darmali [2025] FCA 1626
| BANKRUPTCY AND INSOLVENCY – interim application for annulment of the respondent’s bankruptcy under s 153B(1) of the Bankruptcy Act 1966 (Cth) – whether presentation of debtor’s petition was an abuse of the procedure in s 55 of the Bankruptcy |
| Date: 8 Dec 2025 Judge: NEEDHAM J |
28. Devlin v Commonwealth Bank of Australia [2025] FCA 1632
| PRACTICE AND PROCEDURE – interlocutory application for suppression and non-publication orders over originating application and statement of claim – where parties reached an agreement to settle proceedings on confidential terms prior to the first |
| Date: 5 Dec 2025 Judge: NEEDHAM J |
| COSTS – application for preliminary discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – prospective applicants to pay the costs of the prospective respondent in providing preliminary discovery – where the prospective |
| Date: 21 Nov 2025 Judge: NEEDHAM J |
30. Watson v Commissioner of Taxation [2025] FCA 1438
| PRACTICE AND PROCEDURE – application under r 16.21 of the Federal Court Rules 2011 (Cth) to strike out the notice of appeal in whole on the basis that it does not disclose any question of law – application under r 33.30, r 33.32 and/or r 16.21 |
| Date: 21 Nov 2025 Judge: NEEDHAM J |
| PRACTICE AND PROCEDURE – substituted service – application for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) – failed attempts to effect personal service – where personal service not practicable – application |
| Date: 17 Nov 2025 Judge: NEEDHAM J |
| PRACTICE AND PROCEDURE – application for leave to appeal – where application for leave to appeal and notice of appeal would result in duplicative proceedings – application for leave to appeal to be heard by Full Court PRACTICE AND PROCEDURE |
| Date: 13 Nov 2025 Judge: NEEDHAM J |
33. Pennytel Australia Pty Limited v Engelke [2025] FCA 1384
| CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an |
| Date: 13 Nov 2025 Judge: NEEDHAM J |
34. Houten v Lennon [2025] FCAFC 158
| PRACTICE AND PROCEDURE - appellants' interlocutory application to vacate hearing of appeal - appellants' former solicitors failed to comply with timetabling directions - appellants' former solicitors filed notice of ceasing to act - appeal hearing |
| Date: 11 Nov 2025 Judge: JACKSON, ANDERSON AND NEEDHAM JJ |
35. DJD Trading Pty Ltd v Paule [2025] FCA 1627
| PRACTICE AND PROCEDURE – application for freezing orders until disposition of creditor’s petition – application granted |
| Date: 6 Nov 2025 Judge: NEEDHAM J |
| PRACTICE AND PROCEDURE – urgent application for preliminary discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – potential action for threatened infringement of patent – where prospective respondent intends to list generic |
| Date: 29 Oct 2025 Judge: NEEDHAM J |
37. Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo [2025] FCA 1274
| PRACTICE AND PROCEDURE – where subject matter of the proceeding overlaps in part with proceedings determined by docket judge when a member of the Administrative Decisions Tribunal (NSW) – disclosure of involvement in proceedings in the |
| Date: 21 Oct 2025 Judge: NEEDHAM J |
38. Singh v Minister for Immigration and Citizenship [2025] FCA 1408
| MIGRATION – application to restrain the Minister for Immigration and Citizenship from removing the applicant from Australia – where applicant filed an application for extension of time to file an application for review of a decision of the |
| Date: 20 Oct 2025 Judge: NEEDHAM J |
39. XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 115
| MIGRATION – where appellant’s visa was cancelled by the respondent Minister under s 501BA(2) of the Migration Act 1958 (Cth) – where appellant alleges that the respondent reached the state of satisfaction that cancellation of his visa was in |
| Date: 19 Sep 2025 Judge: WHEELAHAN, STEWART AND NEEDHAM JJ |
40. Clark v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1039
| MIGRATION – application for review of decision of the Administrative Review Tribunal to affirm the decision of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the cancellation of Applicant’s visa – where |
| Date: 29 Aug 2025 Judge: NEEDHAM J |
41. BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Amendment and Strikeout) [2025] FCA 1030
| PRACTICE AND PROCEDURE – application to amend statement of claim – claim in relation to loss of value of business raised in proposed pleading previously and not included in eventual pleading – applicant’s expert report calculates a loss of |
| Date: 27 Aug 2025 Judge: NEEDHAM J |
42. McGinn v Australian Information Commissioner (Costs) [2025] FCA 1007
| COSTS – costs order outstanding after proceedings stayed by way of vexatious proceedings order – power of Court to make orders for costs in the circumstances COSTS – lump-sum costs order appropriate in standalone application for a stay of |
| Date: 26 Aug 2025 Judge: NEEDHAM J |
43. Paige LLC v Sage and Paige Collective Pty Ltd (Costs) [2025] FCA 988
| COSTS – application for indemnity costs – rejection of walk away offers not unreasonable in the circumstances – appellant’s case reasonably and properly arguable –application for indemnity costs dismissed |
| Date: 22 Aug 2025 Judge: NEEDHAM J |
44. Ho v Minister for Health and Aged Care [2025] FCAFC 109
| ADMINISTRATIVE LAW – statutory construction – whether the primary judge erred in construing s 90B(4) of the National Health Act 1953 (Cth) as allowing a consideration of the merits of an application by way of deciding whether to consider a |
| Date: 22 Aug 2025 Judge: RANGIAH, MEAGHER AND NEEDHAM JJ |
45. LAZ24 v Purcell (Examiner) (Stay Application) [2025] FCA 946
| CONTEMPT OF COURT – sentencing - application for temporary stay pending appeal – held appeal grounds not sufficiently strong to ground a stay – compassionate or discretionary grounds a foreseeable consequence of coercive sentence – stay not |
| Date: 12 Aug 2025 Judge: NEEDHAM J |
46. McGinn v Australian Information Commissioner [2025] FCA 962
| PRACTICE AND PROCEDURE – application for stay of orders made by primary judge in different proceedings with a different respondent – orders set a timetable for the applicant to make submissions on she should be made subject to a vexatious |
| Date: 7 Aug 2025 Judge: NEEDHAM J |
47. Erueti v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 961
| MIGRATION – applicants seek urgent interlocutory injunction restraining decision to transfer from immigration detention centre in NSW to immigration detention centre interstate – applicants claim unable to access mental health, legal and family |
| Date: 6 Aug 2025 Judge: NEEDHAM J |
48. Paige LLC v Sage and Paige Collective Pty Ltd [2025] FCA 750
| TRADE MARKS – whether composite marks containing the registered mark and other words (Opposed Marks) deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – whether the appellant’s trade mark acquired a reputation in Australia |
| Date: 10 Jul 2025 Judge: NEEDHAM J |
49. BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Application to Vacate Hearing) [2025] FCA 733
| PRACTICE AND PROCEDURE - application to vacate hearing date – two months between application to vacate and date of hearing – principles in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 |
| Date: 1 Jul 2025 Judge: NEEDHAM J |
50. Serco Citizen Services Pty Limited v Parsons [2025] FCAFC 83
| INDUSTRIAL LAW – unlawful termination – where the primary judge found that the Appellant contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action again against the Respondent because he exercised a workplace right by making |
| Date: 24 Jun 2025 Judge: COLLIER ACJ, NEEDHAM AND WHEATLEY JJ |
| PRACTICE AND PROCEDURE - Review of a Registrar’s Decision – hearing de novo – whether the respondent requires the provision of further particulars by way of a further amended statement of claim – where it is submitted that the applicant is |
| Date: 12 Jun 2025 Judge: NEEDHAM J |
52. Ezekiel-Hart v Council of the Law Society of ACT (Vexatious Proceedings Order) [2025] FCA 551
| HIGH COURT AND FEDERAL COURT – Application for vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – Where the applicant has instituted or sought to institute numerous proceedings in this and other |
| Date: 2 Jun 2025 Judge: NEEDHAM J |
53. Williams v Natural Solar Pty Ltd (Urgent Reinstatement Application) [2025] FCA 527
| INDUSTRIAL LAW – interlocutory application for reinstatement of employment and restraining termination without leave – whether relief sought is interlocutory or final –alleged adverse action within meaning of ss 341 and 342 of the Fair Work |
| Date: 21 May 2025 Judge: NEEDHAM J |
54. Sydney Markets Limited v Latham (Urgent Freezing Order) [2025] FCA 501
| PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – good arguable case for breaches – danger of frustrating prospective |
| Date: 14 May 2025 Judge: NEEDHAM J |
55. SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd (Discovery) [2025] FCA 459
| PRACTICE AND PROCEDURE – Application for discovery of documents alleged to be subject to legal privilege – whether sufficient evidence that documents satisfy dominant purpose test – whether the Court should inspect relevant documents or a |
| Date: 8 May 2025 Judge: NEEDHAM J |
56. Paule v Kambouris [2025] FCA 474
| BANKRUPTCY – Urgent interim applications to extend time for compliance with Bankruptcy Notices arising out of proceedings in the NSW Supreme Court until 4pm on the date application listed for hearing – extension of time application rejected by |
| Date: 5 May 2025 Judge: NEEDHAM J |
57. EZB17 v Minister for Immigration and Multicultural Affairs [2025] FCA 433
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an “unauthorised maritime arrival” – where |
| Date: 5 May 2025 Judge: NEEDHAM J |
58. CYJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 432
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an “unauthorised maritime arrival” – where |
| Date: 5 May 2025 Judge: NEEDHAM J |
| CORPORATIONS – interlocutory process to appoint receiver and manager or alternatively a freezing order under s 1323(1) of the Corporations Act 2001 (Cth) to the property owned by the first defendant – delay of application not fatal – held in |
| Date: 17 Apr 2025 Judge: NEEDHAM J |
60. Mangano v Bullen [2025] FCAFC 42
| BANKRUPTCY AND INSOLVENCY – appeal from a sequestration order – where appeal by way of rehearing – where primary judge was not satisfied that debtor had discharged her onus to prove that she was able to pay her debts within the meaning of s |
| Date: 2 Apr 2025 Judge: CHEESEMAN, SHARIFF AND NEEDHAM JJ |
61. The Epoch Holding Group Pty Ltd v Katz (Disclosure of Documents) [2025] FCA 271
| PRACTICE AND PROCEDURE – Discovery of documents – extent to which particulars to pleadings can govern matters “directly relevant to the issues raised by the pleadings” – consideration of operation of Federal Court Rules 2011 (Cth) r 20.14(1 |
| Date: 28 Mar 2025 Judge: NEEDHAM J |
| INDUSTRIAL LAW – penalty determination – where respondents failed to consult with applicant prior to amending the procedure for recording live work on or near the low voltage network and failed to establish a Safety Committee in contravention of |
| Date: 17 Mar 2025 Judge: NEEDHAM J |
63. CQO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 97
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an "unauthorised maritime arrival" - where Authority |
| Date: 21 Feb 2025 Judge: NEEDHAM J |
64. Papoutsakis v Australian Information Commissioner [2025] FCAFC 10
| HUMAN RIGHTS - Privacy - appeal from decision of primary judge to dismiss application for judicial review of a decision of a delegate of the Australian Information Commissioner not to investigate a breach of privacy complaint under s 41(1)(da) of |
| Date: 13 Feb 2025 Judge: O'SULLIVAN, KENNETT AND NEEDHAM JJ |
| PRACTICE AND PROCEDURE - application for strike out of part of a defence under r 16.21 of the Federal Court Rules - nature of pleadings under r 16.02 and Yap v Chong [2024] FCA 1326 - consideration of whether pleading is "embarrassing" in the sense |
| Date: 10 Feb 2025 Judge: NEEDHAM J |
66. Collie v Commissioner of Taxation [2024] FCAFC 172
| TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal failed to give |
| Date: 19 Dec 2024 Judge: O'CALLAGHAN, MCEVOY and NEEDHAM JJ |
67. Grant v Commissioner of Taxation [2024] FCAFC 173
| TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal made findings |
| Date: 19 Dec 2024 Judge: O'CALLAGHAN, MCEVOY AND NEEDHAM JJ |
| PRACTICE AND PROCEDURE - Where objections made to compliance with subpoena pursuant to Telecommunications (Interception and Access) Act 1979 Commonwealth (Cth) - Where objections took the form of a letter to the Registry - Inappropriateness of such |
| Date: 13 Dec 2024 Judge: NEEDHAM J |
69. Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163
| MIGRATION - whether Tribunal had made an implied determination pursuant to Direction 90 about whether non-revocation of visa cancellation was in the best interests of minor children - determination found to have been made - notice of contention |
| Date: 13 Dec 2024 Judge: BURLEY, MCEVOY and NEEDHAM JJ |
70. Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) (Leave to Appeal) [2024] FCA 1425
| PRACTICE AND PROCEDURE - Application for leave to appeal from judgment determining application for the enforcement of orders and declarations made previously - no prospects of success. PRACTICE AND PROCEDURE - orders made pursuant to liberty to |
| Date: 12 Dec 2024 Judge: NEEDHAM J |
71. ALJ22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1427
| MIGRATION - application under the Migration Act 1958 (Cth) (Migration Act)- where the Administrative Appeals Tribunal (Tribunal) decided it lacked jurisdiction to determine an application for review of a Part 7-reviewable decision as the application |
| Date: 12 Dec 2024 Judge: NEEDHAM J |
72. Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161
| INDUSTRIAL LAW - appeal from judgment of a single judge dismissing application for judicial review of a decision of a Full Bench of the Fair Work Commission (the "Commission") - where appellant engaged under a series of fixed-term contracts - where |
| Date: 12 Dec 2024 Judge: SNADEN, MEAGHER AND NEEDHAM JJ |
73. Cavar v Australian Unity Home Care Services Pty Ltd [2024] FCA 1285
| PRACTICE AND PROCEDURE - application for extension of time to file application for leave to appeal - no evidence of "incorrect instructions" given by Registry - attempt to file special leave application instead - explanation not given for whole of |
| Date: 8 Nov 2024 Judge: NEEDHAM J |
74. Liu v Australian Information Commissioner [2024] FCA 1287
| ADMINISTRATIVE LAW - application for judicial review of a decision of a delegate of the Australian Information Commissioner under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where the applicant complained to the Commissioner |
| Date: 8 Nov 2024 Judge: NEEDHAM J |
75. Resolution Life Australasia Limited v Teagle [2024] FCAFC 140
| SUPERANNUATION - Appeal from decision of primary judge, where primary judge decided that AFCA had jurisdiction to determine a "superannuation complaint" under Division 3 of Part 7.10A of the Corporations Act 2001 (Cth) to which an insurer had been |
| Date: 1 Nov 2024 Judge: PERRY, DOWLING AND NEEDHAM JJ |
76. Australian Capital Territory v Ross [2024] FCA 1229
| PRACTICE AND PROCEDURE - appeal from decision of the Administrative Appeals Tribunal - appeal allowed by consent |
| Date: 23 Oct 2024 Judge: NEEDHAM J |
77. AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 4) [2024] FCA 1212
| PRACTICE AND PROCEDURE - application for suppression and non-publication orders made in originating application - interim order made - whether interim order should be continued or made permanent - application refused - order to take effect in one |
| Date: 16 Oct 2024 Judge: NEEDHAM J |
78. AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 3) [2024] FCA 1191
| PRACTICE AND PROCEDURE - interlocutory application that judge not preside on any matters in the proceeding pending determination of the appeal for the proper administration of justice - reasoning that judge made decision against her not sufficient - |
| Date: 11 Oct 2024 Judge: NEEDHAM J |
79. The Epoch Holding Group Pty Ltd v Katz (Evidence Admissibility) [2024] FCA 1531
| EVIDENCE – whether affidavits of US attorney at law in relation to proposed § 1782 applications under Title 28 of the United States Code are admissible in interlocutory hearing – whether affidavits need to comply with Expert Evidence Code of |
| Date: 2 Oct 2024 Judge: NEEDHAM J |
80. Perrett v Newmont Mining Services Pty Ltd [2024] FCA 1147
| PRACTICE AND PROCEDURE - application to transfer proceedings from the New South Wales Registry to the Western Australian Registry - evidence from treating doctors as to applicant's mental health issues with a hearing in Perth not given in accordance |
| Date: 2 Oct 2024 Judge: NEEDHAM J |
81. Secretary, Department of Health v Medtronic Australasia Pty Ltd [2024] FCA 1096
| HEALTH LAW - Therapeutic goods - Requirement to register therapeutic goods for use in humans on the Australian Register of Therapeutic Goods - Where composite parts of the registered therapeutic good were supplied separately - Where the respondent |
| Date: 19 Sep 2024 Judge: NEEDHAM J |
82. Benjamin Hornigold Ltd v John Bridgeman Limited (No 2) [2024] FCA 1041
| PRACTICE AND PROCEDURE - application by a sole director to represent a company where director is not a lawyer - exercise of the Court's discretion to waive compliance with r 4.01(2) of the Federal Court Rules (2011) Cth - where the applicant has not |
| Date: 10 Sep 2024 Judge: NEEDHAM J |
| COSTS - costs of a separate question - whether costs should be paid on indemnity basis subsequent to a Calderbank offer - element of compromise in Calderbank offer as offer did not seek payment of costs - costs of separate question ordered on |
| Date: 10 Sep 2024 Judge: NEEDHAM J |
84. AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 2) [2024] FCA 1004
| ADMINISTRATIVE LAW - judicial review of Registrar's decision not to accept documents for filing pursuant to FCR r 2.26 - documents an abuse of process or frivolous and vexatious - no grounds for review shown - application refused ADMINISTRATIVE LAW - |
| Date: 2 Sep 2024 Judge: NEEDHAM J |
85. AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 976
| ADMINISTRATIVE LAW - Application for joinder of parties on interlocutory orders - Redaction of interlocutory orders pursuant to r 2.29 as Court satisfied that orders are an abuse of process - Direction to Registrar pursuant to order 2.27(e) not to |
| Date: 27 Aug 2024 Judge: NEEDHAM J |
| CORPORATIONS - Whether shares in the fourth and fifth respondents were validly transferred by the applicant - requirement for instrument of transfer complying with s 1071B of the Corporations Act - whether signature of director of applicant on |
| Date: 1 Aug 2024 Judge: NEEDHAM J |
