Browse Federal Court JudgmentsBy Judge - Nicholas J |
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(Nicholas
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: 515
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1. Sanofi v Amgen Inc. (No 3) [2025] FCA 387
| PATENTS – appeal from decision of Delegate of Commissioner of Patents holding oppositions to patent applications unsuccessful – applications for patents including claims to isolated monoclonal antibodies that bind to epitopes on PCSK9 that |
| Date: 23 Apr 2025 Judge: NICHOLAS J |
2. Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd [2025] FCAFC 12
| TRADE MARKS - validity - ownership - where primary judge found appellant (Cantarella) was not the owner of the ORO trade mark and ordered that registrations be cancelled pursuant to ss 88(1)(a) and 58 of the Trade Marks Act 1995 (Cth) ("the Act") - |
| Date: 14 Feb 2025 Judge: NICHOLAS, JACKSON AND ROFE JJ |
3. Take-Two Interactive Software, Inc v Anderson (No 2) [2024] FCA 1459
| COPYRIGHT - circumvention devices - application by copyright owner under ss 116AN and 116AO of Copyright Act 1968 (Cth) ("the Act") - interpretation of relevant definitions in s 10(1) of the Act - "technological protection measure" - "access control |
| Date: 18 Dec 2024 Judge: NICHOLAS J |
4. Australian Securities and Investments Commission v Bit Trade Pty Ltd (No 2) [2024] FCA 1422
| CORPORATIONS - determination of pecuniary penalty for defendant's contravention of s 994B(2) of the Corporations Act 2001 (Cth) requiring defendant to make a target market determination - where defendant made available margin extension to customers |
| Date: 12 Dec 2024 Judge: NICHOLAS J |
5. Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
| PATENTS - patents for supernatant vaccine against diseases affecting pigs PATENTS - validity - best method - where antigen concentrations of vaccine disclosed as a range - whether antigen concentrations material to the advantages claimed of the |
| Date: 15 Nov 2024 Judge: PERRAM, NICHOLAS AND DOWNES JJ |
6. Global Retail Brands Australia Pty Ltd v Bed Bath 'N' Table Pty Ltd [2024] FCAFC 139
| CONSUMER LAW - misleading or deceptive conduct - where, by its use of trade mark "HOUSE BED & BATH" (appellant's mark) in relation to soft homewares in a market in which respondent's trade mark "BED BATH 'N' TABLE" (respondent's mark) has a |
| Date: 31 Oct 2024 Judge: NICHOLAS, KATZMANN AND DOWNES JJ |
7. AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 1151
| Date: 1 Oct 2024 Judge: NICHOLAS J |
8. Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 1119
| JUDICIAL REVIEW - application for judicial review of decision made by Registrar under r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept for filing application for leave to appeal and associated materials - where Registrar refused to |
| Date: 26 Sep 2024 Judge: NICHOLAS J |
9. Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074
| INDUSTRIAL LAW - where applicant summarily dismissed from his employment for serious misconduct - where applicant seeks interim order for reinstatement pursuant to s 545 of Fair Work Act 2009 (Cth) ("FW Act") - whether applicant demonstrated a prima |
| Date: 17 Sep 2024 Judge: NICHOLAS J |
10. Stasiuk v Monster Energy Au Pty Ltd (No 3) [2024] FCA 1052
| COSTS - application for award of costs in a lump sum, including indemnity costs - whether costs should be awarded on an indemnity basis following offers of settlement - whether costs should be awarded in a lump sum - whether costs should be awarded |
| Date: 11 Sep 2024 Judge: NICHOLAS J |
11. Maclean v Brylewski, in the matter of Maclean [2024] FCA 1005
| BANKRUPTCY - where applicant seeks annulment of her bankruptcy pursuant to s 153B of the Bankruptcy Act 1966 (Cth) - whether sequestration order ought not to have been made by Registrar - whether bankruptcy proceeding an abuse of process brought for |
| Date: 2 Sep 2024 Judge: NICHOLAS J |
12. GLQ18 v Minister for Immigration and Multicultural Affairs [2024] FCA 952
| MIGRATION - Application for an extension of time within which to appeal - whether claim made by applicant was considered and dealt with by Immigration Assessment Authority - where sole proposed ground of appeal not raised below - whether proposed |
| Date: 23 Aug 2024 Judge: NICHOLAS J |
13. Australian Securities and Investments Commission v Bit Trade Pty Ltd [2024] FCA 953
| CORPORATIONS - where respondent issued financial product involving a margin extension facility used to purchase cryptocurrency on digital exchange - whether financial product issued without target market determination in contravention of Part 7.8A |
| Date: 23 Aug 2024 Judge: NICHOLAS J |
| MIGRATION - appeal from judgment of primary judge dismissing application for judicial review - whether appellants should be permitted to rely on grounds of appeal raising arguments not raised below - whether new grounds have any legal merit - leave |
| Date: 18 Jul 2024 Judge: NICHOLAS J |
15. Australian Competition and Consumer Commission v Grays Ecommerce Group Limited [2024] FCA 771
| CONSUMER LAW - civil penalties - false and misleading representations made by respondent in relation to motor vehicles sold on online auction platform - where parties agreed to proposed declarations and other orders including order imposing |
| Date: 18 Jul 2024 Judge: NICHOLAS J |
16. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
| COSTS - application for variation to costs orders - appropriate order as to costs - where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge - where respondent's validity |
| Date: 11 Jul 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| MIGRATION - appeal against primary judge's judgment dismissing application for judicial review of decision of the Administrative Appeals Tribunal ("Tribunal") affirming decision not to grant protection visas to appellants - where first appellant |
| Date: 11 Jul 2024 Judge: NICHOLAS J |
18. Clarke v Health Care Complaints Commission [2024] FCA 753
| PRACTICE AND PROCEDURE - appeal from vexatious proceedings orders made pursuant to s 239 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) - whether primary judge erred in having regard to judgments and orders in other proceedings |
| Date: 11 Jul 2024 Judge: NICHOLAS J |
19. KVRK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 698
| MIGRATION - whether applicant should be granted an extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) - where Minister does not point to specific prejudice - where delay explained - where proposed grounds of review not |
| Date: 26 Jun 2024 Judge: NICHOLAS J |
20. TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85
| PATENTS - patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS - infringement - construction of integers of the claims - whether primary judge erred in |
| Date: 21 Jun 2024 Judge: NICHOLAS, ROFE AND O'SULLIVAN JJ |
21. ToolGen Incorporated v Fisher (No 3) [2024] FCA 539
| PATENTS - application to amend claims following determination of appeal under s 60(4) of the Patents Act 1990 (Cth) ("the Act") - whether proposed amendments allowable under s 102 of the Act - correction of obvious mistake - discretion Held: order |
| Date: 23 May 2024 Judge: NICHOLAS J |
22. Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 6) [2024] FCA 480
| PATENTS - appropriate form of declaration of infringement - amendment of claim for additional damages - whether outside terms of leave previously granted - whether costs relating to preparation of written evidence should be reduced - whether such |
| Date: 10 May 2024 Judge: NICHOLAS J |
23. Aristocrat Technologies Australia Pty Ltd v Light &
| PRACTICE AND PROCEDURE - preliminary discovery - whether order for preliminary discovery should be made - whether documents sought by prospective applicant reasonably required to enable it to decide whether to commence proceeding in the Court |
| Date: 30 Apr 2024 Judge: NICHOLAS J |
24. Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 5) [2024] FCA 360
| PATENTS - claims for methods of treatment and Swiss-style claims - methods of treatment for primary insomnia characterised by non-restorative sleep and for improving restorative quality of sleep - construction of claims - meaning of non-restorative |
| Date: 12 Apr 2024 Judge: NICHOLAS J |
25. Roadshow Films Pty Ltd v Telstra Limited [2024] FCA 246
| COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) Held: site blocking and related orders made |
| Date: 14 Mar 2024 Judge: NICHOLAS J |
26. Stasiuk v Monster Energy Au Pty Ltd (No 2) [2024] FCA 237
| PRACTICE AND PROCEDURE - application for order dismissing proceeding on account of applicant's non-compliance with orders - where applicant resident outside Australia - where continuing non-compliance with orders not explained Held: self-executing |
| Date: 11 Mar 2024 Judge: NICHOLAS J |
27. Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20
| APPEAL AND NEW TRIAL - proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs - whether appellants were denied procedural fairness as a consequence of primary judge disallowing |
| Date: 4 Mar 2024 Judge: NICHOLAS, ROFE AND JACKMAN JJ |
28. Islam v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 131
| MIGRATION - where Delegate refused application of grant of Regional Employer Nomination (Permanent) (Class RN) Subclass 187 (Regional Sponsored Migration Scheme) visa on ground that applicant did not satisfy mandatory requirement - where Tribunal |
| Date: 23 Feb 2024 Judge: NICHOLAS J |
29. Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
| CONTRACTS - construction - scope of releases in settlement agreement - prima facie canon of construction -whether releases apply to proceeding TRADE MARKS - infringement - trap viewing - extra-territorial application of s 120(1) of the Trade Marks |
| Date: 23 Feb 2024 Judge: PERRAM, NICHOLAS, BURLEY, ROFE AND DOWNES JJ |
30. Wiseway Logistics Pty Ltd v Secretary, Department of Home Affairs [2024] FCA 95
| PRACTICE AND PROCEDURE - whether interlocutory stay of Tribunal decision under s 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) should be continued |
| Date: 16 Feb 2024 Judge: NICHOLAS J |
31. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10
| TRADE MARKS - non-use - Trade Marks Act 1995 (Cth) s 92(4)(b) - shape trade mark - whether alleged use is use as a trade mark - relevant principles applicable to non-traditional trade marks - consideration of difference between test for whether one |
| Date: 16 Feb 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
32. Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202
| CONSUMER LAW - misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law - representations to customers and other industry participants that supply of competitor's product would infringe author's patent - where |
| Date: 19 Dec 2023 Judge: NICHOLAS, BURLEY AND ROFE JJ |
33. Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 4) [2023] FCA 1555
| PRACTICE AND PROCEDURE - interlocutory application for stay of orders for possession in aid of application for leave to appeal order refusing to grant such a stay - where application for leave to appeal not shown to have any prospects of success - |
| Date: 5 Dec 2023 Judge: NICHOLAS J |
34. Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178
| PATENTS - where invention claimed is a safety system for protection against falling drill rods in mining industry - construction - meaning of 'anchor member' - meaning of 'configured to be fixed in a proximal end region of the bore' PATENTS - |
| Date: 13 Nov 2023 Judge: PERRAM, NICHOLAS AND MCELWAINE JJ |
35. Bloomfield v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1339
| MIGRATION - whether application for review of decision of Delegate of Minister for Immigration, Citizenship and Multicultural Affairs ("Minister") cancelling the applicant's Return Resident Visa ("Visa") pursuant to s 501(2) of the Migration Act |
| Date: 2 Nov 2023 Judge: NICHOLAS J |
36. Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175
| TRADE MARKS - where appellant's trade mark registered in respect of services comprising (inter alia) issuing halal certifications to businesses and individuals for goods and services if religious and technical requirements are met ("the registered |
| Date: 2 Nov 2023 Judge: NICHOLAS, BURLEY AND CHEESEMAN JJ |
37. Okafor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 936
| ADMINISTRATIVE LAW - Appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from decision of Administrative Appeals Tribunal against Delegate's decision refusing to grant the applicant's application for citizenship - whether the |
| Date: 18 Oct 2023 Judge: NICHOLAS J |
38. Buttigieg v Australian Communications and Media Authority [2023] FCA 959
| PRACTICE AND PROCEDURE - applicant seeks leave to appeal from interlocutory judgment refusing to strike-out concise statement and order filing of statement of claim in its place - whether leave to appeal should be granted - consideration of proposed |
| Date: 14 Aug 2023 Judge: NICHOLAS J |
39. Lewer v Minister for Home Affairs [2023] FCAFC 121
| MIGRATION - appeal from a decision of the primary judge refusing the appellant's application for review of a visa cancellation pursuant to s 476A of the Migration Act 1958 (Cth) (Act) - where appellant's visa was cancelled pursuant to s 501(3)(b) of |
| Date: 4 Aug 2023 Judge: NICHOLAS, O'CALLAGHAN AND MCELWAINE JJ |
40. Stasiuk v Monster Energy Au Pty Ltd [2023] FCA 856
| COSTS - application for security for costs - where applicant in proceeding is a natural person residing in Cayman Islands - whether security should be calculated by reference to costs of enforcing judgment in foreign jurisdiction - whether amount of |
| Date: 27 Jul 2023 Judge: NICHOLAS J |
41. Calix Limited v Grenof Pty Ltd (No 2) [2023] FCA 832
| COSTS - whether first respondent should be awarded costs on an indemnity basis - offer of compromise - rule 25.14(2) Federal Court Rules 2011 (Cth) - whether applicant's failure to accept an offer of compromise was unreasonable in the circumstances |
| Date: 27 Jul 2023 Judge: NICHOLAS J |
42. ToolGen Incorporated v Fisher (No 2) [2023] FCA 794
| PATENTS - appeal against decision of delegate of Commissioner of Patents upholding opposition to patent application ("PA") for compositions and methods using the CRISPR/Cas9 system for genome editing in eukaryotic cells - identity of person skilled |
| Date: 14 Jul 2023 Judge: NICHOLAS J |
| MIGRATION - appeal from judgment dismissing application for judicial review of a decision not to grant the appellant a Protection visa - whether primary judge erred in finding no jurisdictional error where Tribunal did not accede to appellant's |
| Date: 2 Jun 2023 Judge: NICHOLAS J |
44. Kamruzzaman v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 523
| MIGRATION - application for leave to appeal from interlocutory judgment dismissing application for judicial review pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) - whether leave to appeal should be granted - where proposed appeal |
| Date: 24 May 2023 Judge: NICHOLAS J |
45. Globaltech Corporation Pty Ltd v Reflex Instruments Asia Pacific Pty Ltd (No 2) [2023] FCA 476
| PRACTICE AND PROCEDURE - whether stay of costs judgment should be granted pending determination of appeal - whether there should be a set-off of such costs order against costs order made in other proceedings between the same parties - whether stay |
| Date: 16 May 2023 Judge: NICHOLAS J |
46. Calix Limited v Grenof Pty Ltd [2023] FCA 378
| PATENTS - claim for method of producing hydroxide slurries - construction of claim - whether claim infringed - whether s 121A of Patents Act 1990 (Cth) ("the Act") applied to place onus on the respondents - whether Court satisfied that it was very |
| Date: 28 Apr 2023 Judge: NICHOLAS J |
47. Sanofi v Amgen Inc. [2023] FCA 264
| PATENTS - whether order for discovery of documents should be made in appeal pursuant to s 60(4) of the Patents Act 1990 (Cth) - whether appellant should be granted leave to rely on experimental proof pursuant to r 34.50(2)(b) of the Federal Court |
| Date: 24 Mar 2023 Judge: NICHOLAS J |
48. BUB18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 212
| Date: 13 Mar 2023 Judge: NICHOLAS J |
| MIGRATION - whether Immigration Assessment Authority's decision not to get new information pursuant to s 473DC of the Migration Act 1958 (Cth) was legally unreasonable - whether primary judge erred in dismissing appellant's application for judicial |
| Date: 22 Feb 2023 Judge: NICHOLAS J |
| MIGRATION - where Independent Assessment Authority ("Authority") refused appellant's application for Safe Haven Enterprise visa - whether Authority's rejection of appellant's claim to be secretary of local rural development society was legally |
| Date: 22 Feb 2023 Judge: NICHOLAS J |
| MIGRATION - whether decision by Administrative Appeals Tribunal to dismiss application for review pursuant to s 426A(1A)(b) of the Migration Act 1958 (Cth) was affected by jurisdictional error - whether primary judge's decision holding that no such |
| Date: 3 Feb 2023 Judge: NICHOLAS J |
52. Natural Raw C Pty Ltd v Maicap Pty Ltd [2023] FCA 51
| CONSUMER LAW - whether respondent engaged in conduct likely to mislead or deceive in the course of supplying packaged coconut water - whether packaging likely to lead ordinary and reasonable consumer to think that the respondent's product was made |
| Date: 3 Feb 2023 Judge: NICHOLAS J |
53. Ye v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 73
| Date: 2 Feb 2023 Judge: NICHOLAS J |
54. Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited (No 4) [2022] FCA 1501
| COSTS - whether applicant's costs should be reduced on account of lack of success on particular issues - offer of compromise - proper approach to consideration of offer of compromise and pre-judgment interest |
| Date: 15 Dec 2022 Judge: NICHOLAS J |
55. Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1468
| COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) Held: site blocking and related orders made |
| Date: 6 Dec 2022 Judge: NICHOLAS J |
56. Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1413
| Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) in respect of "cyberlocker" known as Mixdrop - whether online location infringes or facilitates the infringement of copyright in applicants' and other |
| Date: 25 Nov 2022 Judge: NICHOLAS J |
57. Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited (No 3) [2022] FCA 1373
| PATENTS - account of profits - apportionment of profits - availability of apportionment - characterisation of invention - consideration of form of claims - consideration of substance of the invention - whether broadest claim for an electronic gaming |
| Date: 18 Nov 2022 Judge: NICHOLAS J |
58. Puma SE v Caterpillar Inc [2022] FCAFC 153
| TRADE MARKS - application for leave to appeal from a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) - whether primary judge erred in finding grounds of opposition pursuant to ss 44 and 60 of the Trade Marks Act 1995 |
| Date: 9 Sep 2022 Judge: NICHOLAS, ROFE AND MCELWAINE JJ |
| MIGRATION - unarticulated claim of health issues said to have emerged - where issues concerning alcohol and anger management were not claimed to be health issues before Tribunal - where no evidence adduced before Tribunal of any diagnosed medical |
| Date: 19 Aug 2022 Judge: NICHOLAS, THOMAS AND DOWNES JJ |
| Date: 28 Jul 2022 Judge: NICHOLAS J |
61. Matson v The Attorney-General of the Commonwealth of Australia [2022] FCA 839
| EXTRADITION - interlocutory relief sought in aid of appeal - whether interlocutory orders staying surrender warrant and restraining respondent from giving effect to surrender determination should be made Held: interlocutory application dismissed |
| Date: 19 Jul 2022 Judge: NICHOLAS J |
| Date: 15 Jul 2022 Judge: NICHOLAS J |
63. Reeves v Nulis Nominees (Australia) Limited (Trustee) [2022] FCA 627
| SUPERANNUATION - whether the Australian Financial Complaints Authority ("AFCA") erred in finding that the Trustee of a superannuation fund's decision to distribute a death benefit to a deceased member's parents was fair and reasonable - whether |
| Date: 1 Jun 2022 Judge: NICHOLAS J |
64. Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2022] FCAFC 88
| PATENTS - where leave to appeal sought against primary judge's decision dismissing appeal from decision of delegate of the Commissioner of Patents rejecting opposition to patent application on ground that the invention as claimed did not involve an |
| Date: 18 May 2022 Judge: PERRAM, NICHOLAS AND BURLEY JJ |
| Migration - application for partner visa - where decision refusing such application affirmed by the Administrative Appeals Tribunal - whether primary judge erred in summarily dismissing application for judicial review - whether applicant should be |
| Date: 3 May 2022 Judge: NICHOLAS J |
| MIGRATION - appeal against order dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the delegate of the Minister to refuse to grant the appellant a student visa - where the primary |
| Date: 28 Apr 2022 Judge: NICHOLAS J |
67. State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63
| COPYRIGHT - carry-all bag designed by director of appellant - whether copyright subsists in carry-all bag as a work of artistic craftsmanship - meaning of "work of artistic craftsmanship" - relevance of functionality and aesthetics - consideration |
| Date: 20 Apr 2022 Judge: GREENWOOD, NICHOLAS AND ANDERSON JJ |
68. Commissioner of Patents v Thaler [2022] FCAFC 62
| PATENTS - artificial intelligence - where Patents Regulations 1991 (Cth) require name of the inventor to be provided in application under the Patent Cooperation Treaty - where patent application named DABUS, an artificial intelligence machine, as |
| Date: 13 Apr 2022 Judge: ALLSOP CJ, NICHOLAS, YATES, MOSHINSKY AND BURLEY JJ |
| MIGRATION - complementary protection - where Immigration Assessment Authority ("IAA") found that it would be reasonable for the appellant (a male of Hazara ethnicity) to relocate to Kabul - whether IAA failed to consider expert opinion and related |
| Date: 22 Mar 2022 Judge: NICHOLAS J |
| MIGRATION - complementary protection - whether reasonable for appellant to relocate within receiving country - whether the Immigration Assessment Authority ("IAA") gave consideration to the submission made by the appellant in relation to whether it |
| Date: 15 Mar 2022 Judge: NICHOLAS J |
| MIGRATION - appeal against order dismissing application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke a decision to cancel appellant's visa - where appellant made representation concerning the prospect that |
| Date: 4 Mar 2022 Judge: NICHOLAS, YATES AND BURLEY JJ |
72. F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 3) [2022] FCA 162
| COSTS - where applicant's claim for patent infringement dismissed and patents in suit revoked - whether respondents' costs of infringement proceeding and preliminary discovery proceeding should be payable on an indemnity basis - whether rejection of |
| Date: 1 Mar 2022 Judge: NICHOLAS J |
| MIGRATION - complementary protection - whether reasonable for appellant to relocate within receiving country - acceptance by Immigration Assessment Authority ("IAA") that due to security situation appellant would be separated from his wife - where |
| Date: 28 Feb 2022 Judge: NICHOLAS J |
74. Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 134
| Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made Held: site blocking orders made pursuant to s 115A |
| Date: 22 Feb 2022 Judge: NICHOLAS J |
| MIGRATION - application for judicial review of a decision of the Minister not to revoke decision to cancel applicant's visa - whether Minister failed to adequately consider a claim made by the applicant - whether the minster engaged in active |
| Date: 22 Feb 2022 Judge: NICHOLAS J |
76. F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 2) [2022] FCA 96
| PATENTS - whether patent for method and system for configuring exercise stations within fitness studios implemented using general purpose computers to perform their ordinary functions is invalid on the basis that the invention described and claimed |
| Date: 15 Feb 2022 Judge: NICHOLAS J |
77. Roadshow Films Pty Ltd v Telstra Corporation Limited [2021] FCA 1588
| Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made - consideration of appropriate form of ancillary orders including form of order to facilitate extension of orders to |
| Date: 21 Dec 2021 Judge: NICHOLAS J |
78. Repipe Pty Ltd v Commissioner of Patents [2021] FCAFC 223
| PATENTS - manner of manufacture under s 18(1A) of Patents Act 1990 (Cth) - computer-implemented inventions - application for leave to appeal from decisions and orders of primary judge dismissing appeal against revocation of innovation patents - |
| Date: 8 Dec 2021 Judge: PERRAM, NICHOLAS AND BURLEY JJ |
79. Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2021] FCAFC 224
| PATENTS - application for leave to appeal from a judgment of a single Judge of the Court - opposition to the grant of a standard patent - vehicle detection system - entitlement to the grant of a patent - whether the managing director of the |
| Date: 8 Dec 2021 Judge: NICHOLAS, YATES AND O'BRYAN JJ |
80. AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2021] FCAFC 222
| CONSUMER LAW - appeal from three judgments of this Court - where appellant sought declaration that there is adequate foundation for certain statements in advertisement for analgesic drug - where appellant bound by previous order restraining them |
| Date: 7 Dec 2021 Judge: NICHOLAS, MARKOVIC AND BURLEY JJ |
81. Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202
| PATENTS - manner of manufacture - electronic gaming machines ('EGMs') - innovation patent for EGMs and methods for providing feature games - application for leave to appeal from decision of primary judge concluding claims were to a manner of |
| Date: 19 Nov 2021 Judge: MIDDLETON, PERRAM AND NICHOLAS JJ |
82. Stratus Medical LLC v Diros Technology Inc [2021] FCA 1330
| PATENTS - whether order directing amendment of patent should be made pursuant to s 105(1) of the Patents Act 1990 (Cth) ("the Act") - whether amendment allowable under s 102 of the Act - whether there exists any discretionary reason justifying |
| Date: 28 Oct 2021 Judge: NICHOLAS J |
| MIGRATION - refusal of application for protection visa - issue as to whether appellant could relocate to avoid harm that may be inflicted by deceased roommate's family - whether Tribunal was required to consider appellant's religion and ethnicity |
| Date: 28 Oct 2021 Judge: NICHOLAS J |
84. Lanzer v Australian Broadcasting Corporation (No 2) [2021] FCA 1321
| COSTS - where applicants brought application for urgent interlocutory relief seeking injunction against the first respondent - where application dismissed on basis that applicants had failed to establish a prima facie case for relief sought - |
| Date: 27 Oct 2021 Judge: NICHOLAS J |
85. Lanzer v Australian Broadcasting Corporation [2021] FCA 1283
| PRACTICE AND PROCEDURE - application for interlocutory injunction - allegation that first respondent has contravened or threatens to contravene s 182(2) or s 183(2) of the Corporations Act 2001 (Cth) by knowingly inducing a contravention of s 182(1) |
| Date: 21 Oct 2021 Judge: NICHOLAS J |
| MIGRATION - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether the Authority evaluated three documents containing new information provided |
| Date: 7 Oct 2021 Judge: NICHOLAS J |
87. DFE16 v Minister for Home Affairs [2021] FCA 1151
| MIGRATION - application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) - whether Minister's decision to grant or refuse a protection visa has been subject of unreasonable delay - where applicant's partner visa cancelled and subsequent |
| Date: 24 Sep 2021 Judge: NICHOLAS J |
| MIGRATION - application for leave to appeal judgment dismissing application for judicial review pursuant to rule 44.12 of the Federal Circuit Court Rules 2001 (Cth) - whether judgment at first instance attended by sufficient doubt to warrant |
| Date: 8 Sep 2021 Judge: NICHOLAS J |
| MIGRATION - where appellants failed to appear at hearing of application for review of delegate's decision refusing to grant appellants protection visas - where application dismissed on basis of non-appearance - where the appellants' migration agent |
| Date: 27 Aug 2021 Judge: NICHOLAS J |
90. Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024
| PRACTICE AND PROCEDURE - application to set aside judgment resulting from respondent's failure to comply with self-executing order - where self-executing order entered with the consent of the parties - where no satisfactory explanation advanced for |
| Date: 27 Aug 2021 Judge: NICHOLAS J |
| MIGRATION - application for extension of time - where application filed approximately three weeks out of time - whether proposed ground of review has merit - whether the respondent's consideration of unresolved criminal charges against the applicant |
| Date: 24 Aug 2021 Judge: NICHOLAS J |
92. PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd (No 2) [2021] FCAFC 147
| COSTS - appropriate order as to costs - where appellants substantially failed on appeal - where respondent raised a number of contingent defences - appellants to pay 90% of respondent's costs to be assessed on a lump sum basis |
| Date: 19 Aug 2021 Judge: JAGOT, NICHOLAS AND BURLEY JJ |
93. Australian Competition and Consumer Commission v Decathlon (Australia) Pty Ltd [2021] FCA 964
| CONSUMER LAW - pecuniary penalties - where respondent admits to contraventions of ss 18(1), 29(1)(a), 29(1)(g), 106(1) and 106(2) of the Australian Consumer Law - where contraventions relate to sale of non-compliant goods that breach relevant safety |
| Date: 17 Aug 2021 Judge: NICHOLAS J |
94. Uolilo v Minister for Home Affairs [2021] FCAFC 138
| MIGRATION - where second respondent affirmed decision of a delegate of first respondent refusing to grant appellant a visa - where primary judge rejected all grounds of review relied on by appellant at trial - whether appellant should be granted |
| Date: 6 Aug 2021 Judge: NICHOLAS, YATES AND CHARLESWORTH JJ |
95. AIX20 v Minister for Home Affairs [2021] FCAFC 136
| Date: 4 Aug 2021 Judge: NICHOLAS, MORTIMER AND ANDERSON JJ |
96. Anderson (Examiner of the Australian Criminal Intelligence Commission) v SAA [2021] FCA 890
| STATUTES - whether orders should be made under s 24(3) of Australian Crime Commission Act 2002 (Cth) |
| Date: 30 Jul 2021 Judge: NICHOLAS J |
97. Booth v Biber [2021] FCA 871
| CRIMINAL LAW - whether interim control should be made - whether requirements of s 104.4(1) of the schedule to the Criminal Code Act 1995 (Cth) satisfied - where proposed interim control order not opposed by respondent - interim control order made |
| Date: 29 Jul 2021 Judge: NICHOLAS J |
98. PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2021] FCAFC 128
| TRADE MARKS - infringement - whether Trade Marks Act 1995 (Cth) imposes liability for authorising infringement of a registered trade mark - no liability for authorising infringement TRADE MARKS - deceptive similarity - whether primary judge erred in |
| Date: 29 Jul 2021 Judge: JAGOT, NICHOLAS AND BURLEY JJ |
| MIGRATION - whether appellant should be given leave to raise new ground of appeal in respect of an issue not raised below - whether point has merit - where existing grounds of appeal not pressed - leave refused - appeal dismissed |
| Date: 23 Jul 2021 Judge: NICHOLAS J |
100. Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746
| PRACTICE AND PROCEDURE - security for costs - where orders for security made by consent in respect of respondents' costs up to close of evidence - whether order for further security should be made prior to close of evidence on basis that the |
| Date: 2 Jul 2021 Judge: NICHOLAS J |
