Browse Federal Court JudgmentsBy Judge - Neskovcin J |
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(Neskovcin
J)
: 43
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1. Reynolds v Judicial Registrar Burns (No 2) [2025] FCA 409
| PRACTICE AND PROCEDURE – application under r 39.05(a) of the Federal Court Rules 2011 (Cth) to set order for the dismissal of the proceeding – where applicant did not appear at the final hearing – where orders were made to dismiss the |
| Date: 30 Apr 2025 Judge: NESKOVCIN J |
2. Australian Competition and Consumer Commission v Clorox Australia Pty Limited [2025] FCA 357
| CONSUMER LAW – alleged contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – where representations made that kitchen tidy bags and garbage bags were made of 50% recycled plastic waste collected from the ocean or sea, |
| Date: 14 Apr 2025 Judge: NESKOVCIN J |
3. Miciulis v Cimic Group Limited [2025] FCA 307
| REPRESENTATIVE PROCEEDINGS – settlement approval – whether the proposed settlement is fair and reasonable in the interests of group members – deductions for legal costs and expenses, funding commission, scheme administration costs and |
| Date: 4 Apr 2025 Judge: NESKOVCIN J |
4. Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2025] FCAFC 41
| ADMINISTRATIVE LAW – procedural fairness – primary judge ordered matter to be determined without an oral hearing pursuant to s 20A of the Federal Court of Australia Act 1976 (Cth) – where no issues of fact to be determined – where issue |
| Date: 2 Apr 2025 Judge: SARAH C DERRINGTON, NESKOVCIN AND VANDONGEN JJ |
5. Deripaska v Minister for Foreign Affairs [2025] FCAFC 36
| STATUTORY INTERPRETATION – where the Autonomous Sanctions Act 2011 (Cth) and Autonomous Sanctions Regulations 2011 (Cth) impose restrictions on designated persons or entities – where it was common ground that regs 14 and 15 would impinge on the |
| Date: 27 Mar 2025 Judge: WIGNEY, STEWART AND NESKOVCIN JJ |
6. Badenoch Integrated Logging Pty Ltd v Bryant [2025] FCAFC 31
| COSTS – where liquidators sought costs order in their favour and company sought orders that the costs of the appeals be costs in the winding up proceeding – order made for company to pay liquidators’ costs of the appeals |
| Date: 21 Mar 2025 Judge: O'CALLAGHAN, MCEVOY AND NESKOVCIN JJ |
7. Caddy, in the matter of Roberts Co (VIC) Pty Ltd (Administrators Appointed) [2025] FCA 243
| CORPORATIONS – application for orders pursuant to ss 447A(1) or 443B(8) of the Corporations Act 2001 (Cth) varying the operation of s 443A(1) and s 443B(2) such that the administrators are not personally liable for rent or other amounts under |
| Date: 21 Mar 2025 Judge: NESKOVCIN J |
| CORPORATIONS – proposed extension of convening period for second meeting of creditors under s 439A of the Corporations Act 2001(Cth) – complex administration – convening period extended |
| Date: 18 Mar 2025 Judge: NESKOVCIN J |
9. Fine China Capital Investment Limited v Qi (No 7) [2025] FCA 185
| COSTS – application by the applicant to join a non-party as a respondent – where joinder an indulgence – applicant to pay costs of the joinder application |
| Date: 13 Mar 2025 Judge: NESKOVCIN J |
10. Hugo Boss AG v Hardge (No 2) [2025] FCA 184
| PRACTICE AND PROCEDURE – costs – application for lump sum costs order – where order made for costs to be taxed – whether lump sum costs order could be made – whether to exercise discretion to make lump sum costs order – order for lump |
| Date: 13 Mar 2025 Judge: NESKOVCIN J |
11. Reynolds v Judicial Registrar Burns [2025] FCA 186
| PRACTICE AND PROCEDURE – where applicant failed to appear – proceeding dismissed |
| Date: 12 Mar 2025 Judge: NESKOVCIN J |
12. Zhang v Zhang (No 2) [2025] FCA 98
| PRACTICE AND PROCEDURE - freezing orders - where material change of circumstances since the application for freezing orders - whether circumstances justified variation of freezing orders to require payment into court - order made for payment into |
| Date: 19 Feb 2025 Judge: NESKOVCIN J |
13. Commissioner of Taxation v Bendel [2025] FCAFC 15
| TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of |
| Date: 19 Feb 2025 Judge: LOGAN, HESPE AND NESKOVCIN JJ |
14. Chenyi Pty Ltd v Vrkic, in the matter of Chen [2025] FCA 78
| BANKRUPTCY AND INSOLVENCY - section 90-15(1) of the Insolvency Practice Schedule (Bankruptcy) - whether trustee in bankruptcy justified in entering into and giving effect to terms of settlement - basis for the exercise of the Court's power under s 90 |
| Date: 13 Feb 2025 Judge: NESKOVCIN J |
15. Fire Rescue Victoria v United Firefighters' Union of Australia [2025] FCA 74
| PRACTICE AND PROCEDURE - production order made by the Fair Work Commission for the United Firefighter's Union to produce a Trust Deed to the applicant and to the Commission - Union did not comply with the production order - applicant sought a |
| Date: 20 Jan 2025 Judge: NESKOVCIN J |
| PRACTICE AND PROCEDURE - application for leave to join a second respondent pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) - leave granted - application for security for costs pursuant to s 56 of the Federal Court of Australia Act 1976 (Cth) |
| Date: 24 Dec 2024 Judge: NESKOVCIN J |
17. Jolly v Sharma [2024] FCA 1511
| INDUSTRIAL LAW - Application for interim orders under s 164(4) of the Fair Work (Registered Organisations) Act 2009 - whether there is a prima facie case that resolutions made by the Australian Rail, Tram and Bus Industry Union are invalid - whether |
| Date: 20 Dec 2024 Judge: NESKOVCIN J |
18. Badenoch Integrated Logging Pty Ltd v Bryant [2024] FCAFC 167
| CORPORATIONS - whether an extension order made under s 459R needs to specify a definite period within which an application to wind up in insolvency must be determined - whether the primary judge erred in refusing to amend the extension order to |
| Date: 16 Dec 2024 Judge: O'CALLAGHAN, MCEVOY and NESKOVCIN JJ |
| CORPORATIONS - failed property development - provision of Information Memorandum to the applicants - misleading or deceptive conduct - whether the representations in the Information Memorandum were misleading or deceptive or likely to mislead or |
| Date: 2 Dec 2024 Judge: NESKOVCIN J |
20. Hugo Boss AG v Hardge [2024] FCA 1325
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) - where substituted service orders made - where respondent in default of appearance - allegations of trade mark infringement, |
| Date: 19 Nov 2024 Judge: NESKOVCIN J |
| ADMINISTRATIVE LAW - judicial review - application by unregistered National Disability Insurance Scheme provider pursuant to ss 5(1)(c), (d), (e) and (j) and 6(1)(c), (d), (e) and (j) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) |
| Date: 19 Nov 2024 Judge: NESKOVCIN J |
22. Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211
| CONSUMER LAW - misleading and deceptive conduct - contract of sale of apartment sold "off the plan" - reliance - whether Applicants continued to rely on representations that were misleading and deceptive - reliance established CONSUMER LAW - |
| Date: 18 Oct 2024 Judge: NESKOVCIN J |
23. Australian Securities and Investments Commission v United Global Capital Pty Ltd [2024] FCA 1215
| CORPORATIONS - application for winding up order on just and equitable grounds pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) - where there is a lack of confidence in the conduct and management of the company's affairs - winding up |
| Date: 3 Oct 2024 Judge: NESKOVCIN J |
24. PSC Insurance Group Limited, in the matter of PSC Insurance Group Limited (No 2) [2024] FCA 1153
| CORPORATIONS - scheme of arrangement - second court hearing - orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) - scheme approved |
| Date: 1 Oct 2024 Judge: NESKOVCIN J |
25. Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124
| CONTEMPT OF COURT - whether the Court lacked jurisdiction because service under an order for substituted service was not effective service - whether submission to jurisdiction applies to contempt proceedings - whether the primary judge erred in |
| Date: 24 Sep 2024 Judge: ABRAHAM, HESPE AND NESKOVCIN JJ |
26. Sladden v Commissioner of Taxation [2024] FCAFC 122
| TAXATION -- appeal from a decision of the Administrative Appeals Tribunal affirming the decision of the Commissioner of Taxation to disallow the applicant's objection to an income tax assessment -- where claim made by applicant for future income |
| Date: 19 Sep 2024 Judge: O'SULLIVAN, HESPE AND NESKOVCIN JJ |
27. Bardon Enterprises Pty Ltd v Landmark Building Services Pty Ltd [2024] FCA 1055
| PRACTICE AND PROCEDURE - s 471B of the Corporations Act 2001 (Cth) - leave to proceed with claims in an existing proceeding against company in liquidation |
| Date: 10 Sep 2024 Judge: NESKOVCIN J |
28. GMS24 v Commonwealth of Australia [2024] FCA 1025
| MIGRATON - application for interlocutory injunction to prevent the Prospective Applicant's removal from Australia by the Prospective Second Respondent - where Prospective Applicant had made a request for ministerial intervention under s 46A(2) of |
| Date: 23 Aug 2024 Judge: NESKOVCIN J |
29. LFDB v Deputy District Registrar [2024] FCA 956
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge dismissed an application for an extension of time to seek review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - decision not attended with |
| Date: 23 Aug 2024 Judge: NESKOVCIN J |
30. PSC Insurance Group Limited, in the matter of PSC Insurance Group Limited [2024] FCA 946
| CORPORATIONS - scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - exercise of discretion - performance risk -directors' interests - break fee - exclusivity arrangements - deemed warranty - |
| Date: 21 Aug 2024 Judge: NESKOVCIN J |
31. Scott (Trustee) v Maher, in the matter of bankrupt estate Maher (No 2) [2024] FCA 922
| COSTS - Trustee in bankruptcy commenced proceedings seeking sale of properties under the Property Law Act 1958 (Vic) - properties registered in joint names - referee appointed to value the properties - proceeding resolved after extended period of |
| Date: 15 Aug 2024 Judge: NESKOVCIN J |
32. Wengel (Trustee), in the matter of Maroon, a bankrupt [2024] FCA 921
| BANKRUPTCY - administration of bankrupt estate - bankrupt a plaintiff in a proceeding in the Supreme Court of New South Wales - proceeding stayed by operation of plaintiff's bankruptcy - applicant required to make election as to whether or not to |
| Date: 15 Aug 2024 Judge: NESKOVCIN J |
33. Gong v Nipps (liquidator), in the matter of i-Prosperity Pty Ltd (in liq) [2024] FCAFC 102
| PRACTICE AND PROCEDURE - liquidators obtained orders for extensions of time under s 588FF(3)(b) of the Corporations Act 2001 - appellants sought to appeal - whether extension of time orders are final or interlocutory orders - whether leave to appeal |
| Date: 6 Aug 2024 Judge: MCELWAINE, MCEVOY AND NESKOVCIN JJ |
34. Scott (Trustee) v Maher, in the matter of bankrupt estate of Maher [2024] FCA 831
| PRACTICE AND PROCEDURE - where partnership dissolved upon bankruptcy of bankrupt partner - trustee in bankruptcy commenced proceedings for sale of properties - where separate application to appoint a receiver to assets of partnership - whether |
| Date: 30 Jul 2024 Judge: NESKOVCIN J |
35. Bishnoi v Star Track Express Pty Ltd [2024] FCA 808
| PRACTICE AND PROCEDURE - summary judgment application - strike out application - whether there are reasonable prospects of success - real questions of law and fact that should be decided at trial |
| Date: 24 Jul 2024 Judge: NESKOVCIN J |
36. Chen v Insight Investment Management Pty Ltd [2024] FCA 719
| PRACTICE AND PROCEDURE - application for freezing order - whether the applicants have a good arguable case - whether there is a risk of dissipation of assets by the respondents - application for ancillary order detailing assets of the respondents - |
| Date: 5 Jul 2024 Judge: NESKOVCIN J |
| MIGRATION - appeal from judicial review of decision refusing to issue certificate of evidence of Australian citizenship - application for leave to amend notice of appeal - where proposed grounds of appeal raise factual issues not considered below - |
| Date: 18 Jun 2024 Judge: MARKOVIC, DERRINGTON AND NESKOVCIN JJ |
38. Ruhe (Trustee) v Rodmarg Pty Ltd, in the matter of Bankrupt estates of Power [2024] FCA 638
| BANKRUPTCY AND INSOLVENCY - orders in relation to estate administration - application of ss121, 128B and 128C of the Bankruptcy Act 1966 (Cth) - findings of fact |
| Date: 14 Jun 2024 Judge: NESKOVCIN J |
39. Australian Energy Regulator v Santos Direct Pty Ltd [2024] FCA 579
| CONSUMER LAW - application for declaration of contravention of the National Gas Rules (NGR) - failure to keep contemporaneous records in relation to renominations - where respondents admitted contravening the NGR -pecuniary penalties pursuant to s |
| Date: 4 Jun 2024 Judge: NESKOVCIN J |
40. Tygar Enterprise Pty Ltd, in the matter of Tidal Con Pty Ltd [2024] FCA 574
| CORPORATIONS - interlocutory application - oppressive conduct - seeking removal of director until final hearing - whether the company can function properly - state of deadlock - breakdown of relationship - prima facie case - balance of convenience - |
| Date: 28 May 2024 Judge: NESKOVCIN J |
41. Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58
| PRIVILEGE - legal professional privilege - third party report - investigation into cyber-attack - whether the report was created for the dominant purpose of legal advice - multiple purposes for commissioning report - unchallenged evidence - adverse |
| Date: 27 May 2024 Judge: MURPHY, ANDERSON AND NESKOVCIN JJ |
42. Singh v Minister for Government Services [2024] FCA 368
| ADMINISTRATIVE LAW - application for judicial review of decision made under Scheme for Compensation for Detriment caused by Defective Administration - non-statutory scheme - substitution of proper respondent - whether non-statutorily based |
| Date: 16 Apr 2024 Judge: NESKOVCIN J |
| FREEZING ORDER - whether the applicants have "a good arguable case" - danger that a judgment would be wholly or partly unsatisfied - interests of justice - balance of convenience |
| Date: 22 Mar 2024 Judge: NESKOVCIN J |
