Browse Federal Court JudgmentsBy Judge - Needham J |
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(Needham
J)
: 28
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| 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 |
2. 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 |
3. 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 |
5. 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 |
6. 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 |
8. 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 |
9. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
26. 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 |
27. 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 |
