Browse Federal Court JudgmentsBy Judge - Needham J |
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(Needham
J)
: 42
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
16. 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 |
17. 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 |
19. 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 |
20. 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 |
22. 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 |
23. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
40. 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 |
41. 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 |
