Browse Federal Court JudgmentsBy Judge - O'Bryan J |
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J)
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1. Australian Steel Manufacturing Pty Ltd v Selection Steel Trading Pty Ltd [2025] FCA 407
| CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo - whether genuine dispute about the existence or amount of the debt and whether there is an |
| Date: 29 Apr 2025 Judge: O'BRYAN J |
2. Selfwealth Ltd, in the matter of Selfwealth Ltd (No 2) [2025] FCA 416
| CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme |
| Date: 28 Apr 2025 Judge: O'BRYAN J |
3. Malone on behalf of the Western Kangoulu People v State of Queensland (No 6) [2025] FCA 363
| NATIVE TITLE – application for determination of native title – separate questions concerning the existence of native title – where trial of separate questions conducted between the applicant and the State of Queensland – where subsequent to |
| Date: 17 Apr 2025 Judge: O'BRYAN J |
4. Malone on behalf of the Western Kangoulu People v State of Queensland (No 5) [2025] FCA 353
| COSTS – where application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (Native Title Act) dismissed – application for indemnity costs order against joinder applicant pursuant to s 85A(2) of the Native Title Act – Court’s |
| Date: 14 Apr 2025 Judge: O'BRYAN J |
5. Malone v B&M Aboriginal Corporation (In Administration) (No 2) [2025] FCAFC 51
| COSTS – appeal from orders made in an interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) concerning payments required to be made under an Indigenous Land Use Agreement (ILUA) by a petroleum exploration and production |
| Date: 11 Apr 2025 Judge: O'BRYAN, HALLEY AND HORAN J |
6. Crawford v State of Western Australia (No 2) [2025] FCAFC 48
| COSTS – where unsuccessful appellant sought order that the parties bear their own costs of the appeal and of the application at first instance – court’s discretion as to costs – whether public interest character of litigation justifies |
| Date: 9 Apr 2025 Judge: MORTIMER CJ, STEWART AND O’BRYAN JJ |
7. Nangalaku on behalf of the Dak Djerat Guwe People v Northern Territory [2025] FCA 217
| NATIVE TITLE – interlocutory application brought by applicant to amend native title determination application – interlocutory application brought by the Northern Territory to strike out native title determination application pursuant to s |
| Date: 28 Mar 2025 Judge: O'BRYAN J |
8. Impiombato v BHP Group Limited (No 2) [2025] FCAFC 28
| COSTS – where appellant sought costs order in its favour and respondents sought apportionment of costs on an issue by issue basis – court’s discretion to award costs – relevant principles – order made for respondents to pay 50% of the |
| Date: 14 Mar 2025 Judge: BEACH, LEE AND O'BRYAN JJ |
9. Selfwealth Ltd, in the matter of Selfwealth Ltd [2025] FCA 214
| CORPORATIONS – scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – exercise of discretion to order convening of scheme meeting – |
| Date: 14 Mar 2025 Judge: O'BRYAN J |
10. Malone v B&M Aboriginal Corporation (In Administration) [2025] FCAFC 24
| NATIVE TITLE – where Indigenous Land Use Agreement (ILUA) required payments to be made by a petroleum exploration and production company to a nominated entity established for the benefit of families comprising native title claim group – where |
| Date: 6 Mar 2025 Judge: O'BRYAN, Halley AND Horan JJ |
11. Crawford v State of Western Australia [2025] FCAFC 18
| CONSTITUTIONAL LAW - appeal - validity of provisions of the Children's Court of Western Australia Act 1988 (WA) and the Magistrates Court Act 2004 (WA) regarding performance of functions of magistrates appointed to both the Magistrates Court and |
| Date: 25 Feb 2025 Judge: MORTIMER CJ, STEWART AND O'BRYAN JJ |
12. Impiombato v BHP Group Limited [2025] FCAFC 9
| REPRESENTATIVE PROCEEDINGS - appeal from interlocutory decision regarding interpretation of group member definition - relevant principles concerning the interpretation of a pleading - no error in primary judge's conclusion demonstrated - appeal |
| Date: 12 Feb 2025 Judge: BEACH, LEE and O'BRYAN JJ |
13. YNPX v Minister for Immigration and Multicultural Affairs [2025] FCA 49
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the Minister's delegate refusing to revoke the cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) |
| Date: 7 Feb 2025 Judge: O'BRYAN J |
14. Malone on behalf of the Western Kangoulu People v State of Queensland (No 4) [2025] FCA 36
| NATIVE TITLE - application for joinder under s 84(5) of the Native Title Act 1993 (Cth) - where joinder applicant asserts native title rights and interests - whether joinder applicant has adduced evidence of native title rights and interests in the |
| Date: 31 Jan 2025 Judge: O'BRYAN J |
15. Natch v Stennson Pty Ltd (No 2) [2024] FCA 1498
| COSTS - order for costs made against applicants - taxation of costs before a Registrar as taxing officer - where applicants sought discovery for the purposes of the taxation pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) (FC Rules) - |
| Date: 20 Dec 2024 Judge: O'BRYAN J |
16. Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168
| PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency |
| Date: 18 Dec 2024 Judge: BEACH, O'BRYAN AND ROFE JJ |
17. Kapeli v Secretary, Department of Home Affairs (No 2) [2024] FCA 1450
| COSTS - unsuccessful application for a writ of habeas corpus - whether there should be no order as to costs in recognition of special circumstances of a habeas application - where the proceeding was conducted in a way which unnecessarily and |
| Date: 17 Dec 2024 Judge: O'BRYAN J |
18. Nipps (liquidator), in the matter of i-Prosperity Pty Ltd (in liq) [2024] FCA 1527
| CORPORATIONS - application made by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for retrospective approval of entry into a funding agreement and approval of entry into retainer agreement - whether a proper exercise of the |
| Date: 13 Dec 2024 Judge: O'BRYAN J |
19. Fisher v BT Funds Management Ltd (No 2) [2024] FCA 1340
| PRACTICE AND PROCEDURE - representative proceeding - application under s 33V of the Federal Court of Australia Act 1976 (Cth) (FCA Act) for approval to discontinue representative proceeding - principles relevant to approval of discontinuance - |
| Date: 20 Nov 2024 Judge: O'BRYAN J |
20. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1317
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Div 2) - where Administrative Appeals Tribunal (Tribunal) affirmed a decision of the delegate of the Minister refusing to grant the appellant a protection visa - where court |
| Date: 18 Nov 2024 Judge: O'BRYAN J |
21. Kapeli v Secretary, Department of Home Affairs [2024] FCA 1246
| MIGRATION - application for a writ of habeas corpus to release applicant from immigration detention - where applicant claims his detention pursuant to s 189(1) of the Migration Act 1958 (Cth) is beyond the Constitutional limits of that power because |
| Date: 29 Oct 2024 Judge: O'BRYAN J |
22. Rex Minerals Limited, in the matter of Rex Minerals Limited (No 2) [2024] FCA 1195
| CORPORATIONS - scheme of arrangement - second court hearing - order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme |
| Date: 15 Oct 2024 Judge: O'BRYAN J |
23. Fisher v BT Funds Management Ltd [2024] FCA 1166
| PRACTICE AND PROCEDURE - representative proceeding - interlocutory application under s 33X of the Federal Court of Australia Act 1976 (Cth) for leave to issue a notice to certain group members of an application to discontinue the proceeding |
| Date: 9 Oct 2024 Judge: O'BRYAN J |
24. Rohrt (liquidator), in the matter of My Shared Services Pty Ltd (in liq) [2024] FCA 1146
| PRACTICE & |
| Date: 4 Oct 2024 Judge: O'BRYAN J |
| PRACTICE AND PROCEDURE - application for the issue of an arrest warrant - where summons issued by the Court under s 596A of the Corporations Act 2001 requiring a director of a company to attend an examination about the company's examinable affairs - |
| Date: 3 Oct 2024 Judge: O'BRYAN J |
26. Hema Maps Pty Ltd v HemaX Digital Pty Ltd, in the matter of HemaX Digital Pty Ltd [2024] FCA 1127
| CORPORATIONS - application by one of two shareholders for the appointment of joint and several liquidators to a company pursuant to s 472(2) of the Corporations Act 2001 (Cth), pending the hearing and determination of an application to wind up the |
| Date: 25 Sep 2024 Judge: O'BRYAN J |
| CONSUMER LAW - pecuniary penalty for infringement of ss 12DF(1) and 12DB(1)(a) and (e) of the Australian Securities and Investments Commission Act 2001 (Cth) - |
| Date: 25 Sep 2024 Judge: O'BRYAN J |
28. Weetra on behalf of the Nauo People v State of South Australia (No 2) [2024] FCA 1077
| NATIVE TITLE - consent determination of native title under s 87 of the Native Title Act 1993 (Cth) |
| Date: 23 Sep 2024 Judge: O'BRYAN J |
29. Rex Minerals Limited, in the matter of Rex Minerals Limited [2024] FCA 1051
| CORPORATIONS - scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - exercise of discretion - whether separate class meeting required - whether director should make a voting recommendation to |
| Date: 4 Sep 2024 Judge: O'BRYAN J |
30. Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 4) [2024] FCA 1006
| COSTS - application for review of a decision of a Registrar of the Court as to the quantum of costs payable pursuant to a lump sum award - requirement for a de novo hearing on the question of quantum - whether the question of quantum should be |
| Date: 3 Sep 2024 Judge: O'BRYAN J |
31. Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2024] FCA 987
| PATENTS - application for leave to appeal under s 158(2) of the Patents Act 1990 (Cth) - appeal from remitted decision flowing from High Court equally divided opinion - application of s 23(2)(a) of the Judiciary Act 1903 (Cth) - where proposed |
| Date: 30 Aug 2024 Judge: O'BRYAN J |
32. Kemp v Westpac Banking Corporation (No 5) [2024] FCA 996
| REPRESENTATIVE PROCEEDINGS - application for approval of the costs of administering the settlement distribution scheme and the amounts for final distribution to group members |
| Date: 26 Aug 2024 Judge: O'BRYAN J |
33. Reilly v Australia and New Zealand Banking Group Limited (No 6) [2024] FCA 965
| REPRESENTATIVE PROCEEDINGS - application for approval of the costs of administering the settlement distribution scheme and the amounts for final distribution to group members |
| Date: 26 Aug 2024 Judge: O'BRYAN J |
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of a decision of the Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of applicant's visa - |
| Date: 23 Aug 2024 Judge: O'BRYAN, JACKSON AND HESPE JJ |
35. Sayed v National Disability Insurance Agency (No 5) [2024] FCA 923
| ADMINISTRATIVE LAW - appeal and concurrent application for judicial review of decision of the Administrative Appeals Tribunal - where Administrative Tribunal dismissed application for review of decision of the National Disability Insurance Agency |
| Date: 16 Aug 2024 Judge: O'BRYAN J |
36. Bain v International Capital Markets Pty Ltd (No 2) [2024] FCA 847
| REPRESENTATIVE PROCEEDINGS - Multiplicity of proceedings - where three "open class" representative proceedings commenced against same defendants raising the same or similar issues - where two of the proceedings brought in the Federal Court of |
| Date: 2 Aug 2024 Judge: O'BRYAN J |
37. Electoral Commissioner v McQuestin [2024] FCA 685
| COSTS - application to vary order that the respondent pay the applicant's costs of the proceeding - whether the respondent should be regarded as the successful party in the litigation - whether the applicant's refusal of a settlement offer was |
| Date: 26 Jun 2024 Judge: O'BRYAN J |
38. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49
| NATIONAL NATIVE TITLE TRIBUNAL - appeal - appropriate orders for remittal of proceeding where appeal allowed on one ground only - s 169(7) Native Title Act 1993 (Cth) - order made remitting matter to heard by the National Native Title Tribunal |
| Date: 12 Apr 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN J |
39. Australian Securities and Investments Commission v Vanguard Investments Australia Ltd [2024] FCA 308
| CONSUMER LAW - alleged contraventions of ss 12DB and 12DF of the Australian Securities and Investments Commission Act 2001 (Cth) - investment fund titled and described as ethically conscious - where representations made by the responsible entity of |
| Date: 28 Mar 2024 Judge: O'BRYAN J |
40. Electoral Commissioner v McQuestin [2024] FCA 287
| ELECTIONS - where respondent admitted contraventions of s 321D(5) of Commonwealth Electoral Act 1918 (Cth) by failing to ensure newspaper advertisements notified particulars in compliance with s 11(3) of the Commonwealth Electoral (Authorisation of |
| Date: 26 Mar 2024 Judge: O'BRYAN J |
41. Wyer v International Capital Markets Pty Ltd [2024] FCA 284
| PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the |
| Date: 22 Mar 2024 Judge: O'BRYAN J |
42. Bain v International Capital Markets Pty Ltd [2024] FCA 283
| PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the |
| Date: 22 Mar 2024 Judge: O'BRYAN J |
43. DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) - where delegate of first respondent refused to grant appellants protection visas under s 65 of Migration Act 1958 (Cth) (Act) - |
| Date: 21 Mar 2024 Judge: BEACH, WHEELAHAN AND O'BRYAN JJ |
| CORPORATIONS - determination of the form and content of the register of members of a company following the reinstatement of the registration of the Company under s 601AH(2) of the Corporations Act 2001 (Cth) - whether a transfer of shares was |
| Date: 15 Mar 2024 Judge: O'BRYAN J |
| NATIVE TITLE - interlocutory application by respondent to dismiss applicant's native title proceeding - whether proceeding is abuse of process - where proceeding seeks to resurrect previously-dismissed native title claim - where proceeding would |
| Date: 8 Mar 2024 Judge: O'BRYAN J |
46. Carter on behalf of the Warrwa People v State of Western Australia (No 2) [2024] FCA 206
| NATIVE TITLE - whether Part D of the proceeding should be summarily dismissed on the ground that the applicant has no reasonable prospect of success - where no evidence adduced having material weight in support of applicant's claim - where applicant |
| Date: 8 Mar 2024 Judge: O'BRYAN J |
| NATIVE TITLE - consent determination of native title under ss 87 and 87A of the Native Title Act 1993 (Cth) - where proposed prescribed body corporate is the agent prescribed body corporate in respect of other holders of native title - whether |
| Date: 6 Mar 2024 Judge: O'BRYAN J |
48. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26
| NATIVE TITLE - appeal from determination of the National Native Title Tribunal that future act may be done with conditions under Native Title Act 1993 (Cth) (NTA) - whether Tribunal incorrectly applied the test for negotiations in good faith |
| Date: 6 Mar 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN JJ |
49. Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16
| MIGRATION - appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) - whether primary judge erred by finding that Tribunal was not required to consider and take |
| Date: 29 Feb 2024 Judge: O'BRYAN, ABRAHAM AND SHARIFF JJ |
50. Australian Securities and Investments Commission v ACBF Funeral Plans Pty Ltd [2024] FCAFC 19
| CONSUMER LAW - alleged false and misleading representations and misleading or deceptive conduct in marketing and selling funeral insurance plans to Indigenous communities - representation that during the relevant period the first respondent was |
| Date: 29 Feb 2024 Judge: MURPHY, O'Bryan and Shariff J |
51. Constantinou v Australian Federal Police [2024] FCA 123
| HUMAN RIGHTS - application for leave to make an application under s 46PO(1) of the Australian Human Rights Commission Act 1986 (Cth) - where Australian Human Rights Commission terminated applicant's complaint on grounds of delay - where applicant |
| Date: 23 Feb 2024 Judge: O'BRYAN J |
52. Ogbonna v Government of Western Australia (No 2) [2024] FCA 77
| DEFAMATION - application for leave to appeal from a judgment of this Court summarily dismissing a proceeding for defamation - where applicant for leave failed to comply with directions of the Court and failed to appear at hearings relating to the |
| Date: 12 Feb 2024 Judge: O'BRYAN J |
53. Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 63
| PRACTICE AND PROCEDURE - application for adjournment - where appellant departed Australia for Canada - where appellant did not inform the Court of travel and made no application for adjournment until week of hearing - application refused MIGRATION - |
| Date: 8 Feb 2024 Judge: O'BRYAN J |
54. Sayed v National Disability Insurance Agency (No 4) [2024] FCA 51
| PRACTICE AND PROCEDURE - application for discovery - where categories of discovery sought by applicant impermissibly broad and not directed to issues in proceeding - where limited discovery appropriate to ensure documents relevant to jurisdictional |
| Date: 5 Feb 2024 Judge: O'BRYAN J |
55. Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCA 43
| CONTRACT - where applicants are subsidiaries of company registered in Russian Federation - where first respondent (QAL) operates alumina refinery in Gladstone under agreements with applicants and second to sixth respondents (Rio parties) - where |
| Date: 1 Feb 2024 Judge: O'BRYAN J |
56. Scheuer (Trustee) v Endless Solar Corporation Limited (No 2) [2023] FCA 1658
| COSTS - where plaintiff successfully obtained interlocutory relief - where subsequent events have rendered a final hearing of the proceeding unnecessary - whether plaintiff should receive his costs of the interlocutory application or the proceeding |
| Date: 21 Dec 2023 Judge: O'BRYAN J |
57. AJM18 v Federal Circuit and Family Court of Australia [2023] FCA 1625
| MIGRATION - application for judicial review of decision of Federal Circuit and Family Court of Australia (Div 2) under s 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused applicant's application for extension of time to file |
| Date: 18 Dec 2023 Judge: O'BRYAN J |
58. Australian Securities and Investments Commission v Taylor [2023] FCAFC 189
| CORPORATIONS - where there is a disciplinary proceeding against an auditor - where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding - where the auditor makes an application for a stay of the |
| Date: 6 Dec 2023 Judge: MORTIMER CJ, O'BRYAN and ABRAHAM JJ |
59. Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472
| PRACTICE AND PROCEDURE - application for a stay of orders dismissing an application to set aside a bankruptcy notice pending the determination of an application for leave to appeal against the orders - preliminary assessment that the prospects of |
| Date: 24 Nov 2023 Judge: O'BRYAN J |
60. Dixon, in the matter of Stanley Asphalt Pty Ltd (Administrator Appointed) [2023] FCA 1475
| CORPORATIONS - application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of creditors under s 439A - other ancillary orders sought in relation to the conduct of |
| Date: 23 Nov 2023 Judge: O'BRYAN J |
61. Colbung on behalf of the Karratjibbin People v State of Western Australia (No 2) [2023] FCA 1449
| PRACTICE AND PROCEDURE - native title determination application - trial of separate questions concerning the existence, possession and content of native title rights and interests in claim area - application to amend concise statement after hearing |
| Date: 21 Nov 2023 Judge: O'BRYAN J |
| NATIVE TITLE - application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (the Act) - where joinder applicant asserts native title rights and interests - where joinder applicant was a member of the Maduwongga claim group - where |
| Date: 16 Nov 2023 Judge: O'BRYAN J |
63. Mudiy v Minister for Home Affairs [2023] FCA 1402
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Div 2) - where Administrative Appeals Tribunal (Tribunal) dismissed application for review of decision refusing to grant appellant's partner visa application - appellant's |
| Date: 16 Nov 2023 Judge: O'BRYAN J |
64. Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1410
| MIGRATION - application for extension of time to review a decision of Administrative Appeals Tribunal (Tribunal) - the Tribunal affirmed a decision of the Minister's delegate not to revoke the cancellation of the applicant's visa - whether the |
| Date: 16 Nov 2023 Judge: O'BRYAN J |
65. Brooks, in the matter of 351 Property Management &
| CORPORATIONS - application by liquidator seeking leave to be appointed as voluntary administrator pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) (Act) and ancillary orders including a stay of the winding up of the company under s 482(1) |
| Date: 15 Nov 2023 Judge: O'BRYAN J |
| NATIVE TITLE - compensation claim made by prescribed body corporate - interlocutory application by applicant for taking of early evidence and/or preservation evidence of senior Antakirinja Matu-Yankunytjatjara common law holder and principal witness |
| Date: 8 Nov 2023 Judge: O'BRYAN J |
67. Ogbonna v Government of Western Australia [2023] FCA 1345
| PRACTICE AND PROCEDURE - application to restrain the manner in which the applicant may communicate with the first respondent and the legal representatives of the first respondent - application granted |
| Date: 2 Nov 2023 Judge: O'BRYAN J |
68. Australian Securities and Investments Commission v Provide Nominees Pty Ltd (No 2) [2023] FCA 1308
| PRACTICE AND PROCEDURE - costs - whether indemnity costs should be ordered following a Calderbank offer - whether indemnity costs should be ordered on account of unreasonable conduct of litigation |
| Date: 30 Oct 2023 Judge: O'BRYAN J |
| CORPORATIONS - application for review of order made by Judicial Registrar to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where reinstatement sought by a shareholder of the company to enable |
| Date: 27 Oct 2023 Judge: O'BRYAN J |
| NATIVE TITLE - compensation claim made by prescribed body corporate - interlocutory application by non-party to file an amended "Form 5" (as prescribed by the Native Title (Federal Court) Regulations 1998 (Cth)) outside of period specified by s 84(3) |
| Date: 26 Oct 2023 Judge: O'BRYAN J |
71. Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171
| MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - where appellant |
| Date: 20 Oct 2023 Judge: KATZMANN, O'BRYAN AND MCELWAINE JJ |
| MIGRATION - application for extension of time to appeal from decision of Federal Circuit Court dismissing application for review of Administrative Appeals Tribunal decision not to grant applicant a protection visa - principles relevant to leave to |
| Date: 28 Sep 2023 Judge: O'BRYAN J |
73. Australian Competition and Consumer Commission v BlueScope Steel Limited (No 7) [2023] FCA 1140
| PRACTICE AND PROCEDURE - Rule 39.05(h) of the Federal Court Rules 2011 (Cth) - the "slip rule" - application to correct error in order made imposing pecuniary penalty on second respondent - principles governing operation of r 39.05(h) - order made |
| Date: 25 Sep 2023 Judge: O'BRYAN J |
74. Australian Securities and Investments Commission v Provide Nominees Pty Ltd [2023] FCA 1137
| CORPORATIONS - application made by the Australian Securities and Investments Commission (ASIC) under s 70(3) of the Australian Securities and Investments Act 2001 (Cth) (ASIC Act) - alleged failure to comply with notice issued pursuant to s 33(1) of |
| Date: 25 Sep 2023 Judge: O'BRYAN J |
75. Fordham v Commonwealth Bank of Australia [2023] FCA 1106
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of the Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - |
| Date: 15 Sep 2023 Judge: O'BRYAN J |
| PRACTICE AND PROCEDURE - application for relief from orders restricting the production and use of evidence filed in earlier native title proceeding - consideration of the interests of justice - application allowed on a limited basis |
| Date: 12 Sep 2023 Judge: O'BRYAN J |
| PRACTICE AND PROCEDURE - application by a respondent to a native title determination application to vacate trial dates for the hearing of expert evidence - where respondent has recently received funding and wishes to engage an anthropologist to |
| Date: 11 Sep 2023 Judge: O'BRYAN J |
78. Colbung on behalf of the Karratjibbin People v State of Western Australia [2023] FCA 1065
| NATIVE TITLE - removal of persons as respondents under s 84(8) of the Native Title Act 1993 (Cth) - where persons became parties to the proceeding under s 84(3) - where the native title claims in the present proceeding overlap with native title |
| Date: 7 Sep 2023 Judge: O'BRYAN J |
| NATIVE TITLE - application by native title service provider to broaden the scope of its participation as a party to the proceeding - native title service provider funded to perform the functions of a representative body under Pt 11 of the Native |
| Date: 5 Sep 2023 Judge: O'BRYAN J |
80. Orikan Group Pty Ltd v Vehicle Monitoring Systems Pty Limited [2023] FCA 1031
| PRACTICE AND PROCEDURE - interlocutory application for stay of proceedings on basis of Anshun estoppel and strike out of claims on basis of abuse of process - whether claim for invalidity of patent should have been raised in earlier proceedings - |
| Date: 29 Aug 2023 Judge: O'BRYAN J |
81. Australian Competition and Consumer Commission v BlueScope Steel Limited (No 6) [2023] FCA 1029
| COMPETITION - application for the imposition of pecuniary penalties and other relief under Pt VI of the Competition and Consumer Act 2010 (Cth) for conduct constituting an attempt to induce an understanding containing cartel provisions - relevant |
| Date: 29 Aug 2023 Judge: O'BRYAN J |
82. Australian Securities and Investments Commission v Commonwealth Bank of Australia [2023] FCAFC 135
| CORPORATIONS - conflicted remuneration - Div 4 of Pt 7.7A of the Corporations Act 2001 (Cth) (Act) - where the first respondent (CBA) and the second respondent (CFSIL) entered into arrangements whereby CFSIL would develop and manage, and CBA would |
| Date: 17 Aug 2023 Judge: MOSHINSKY, O'BRYAN AND JACKMAN JJ |
83. Burhala v Yeo [2023] FCA 962
| PRACTICE AND PROCEDURE - application for security for costs in respect of an application for an extension of time and leave to appeal - where applicant resides out of the jurisdiction - where applicant owns no assets in Australia - where no evidence |
| Date: 14 Aug 2023 Judge: O'BRYAN J |
84. Stuart v State of South Australia [2023] FCAFC 131
| APPEAL AND NEW TRIAL - NATIVE TITLE - appeal from orders made on overlapping native title determination applications - claims brought on behalf of the Arabana people and the Walka Wani people - trial judge finding the ancestors of the Arabana people |
| Date: 14 Aug 2023 Judge: RANGIAH, CHARLESWORTH AND O'BRYAN JJ |
85. Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2023] FCA 930
| NATIVE TITLE - application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (the Act) - where applicants for joinder assert native title rights and interests as Njaki Njaki people - where rights and interests in respect of area outside |
| Date: 9 Aug 2023 Judge: O'BRYAN J |
86. Gomez v Carrafa [2023] FCA 719
| PRACTICE AND PROCEDURE - application for an extension of time in which to appeal a decision of the Court - where applicant alleges malicious prosecution by trustee in bankruptcy - where applicant alleges misfeasance in public office by trustee in |
| Date: 30 Jun 2023 Judge: O'BRYAN J |
| CORPORATIONS - application for review of order made by Judicial Registrar to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where reinstatement sought by a shareholder of the company to enable |
| Date: 30 Jun 2023 Judge: O'BRYAN J |
| MIGRATION - application for extension of time to appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) - where Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister refusing to grant the |
| Date: 29 Jun 2023 Judge: O'BRYAN J |
89. Reilly v Australia and New Zealand Banking Group Limited (No 5) [2023] FCA 896
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of the Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - |
| Date: 23 Jun 2023 Judge: O'BRYAN J |
90. Kemp v Westpac Banking Corporation (No 4) [2023] FCA 830
| REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of the Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - |
| Date: 21 Jun 2023 Judge: O'BRYAN J |
91. Engage Marine Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2023] FCA 665
| PRACTICE AND PROCEDURE - application under r 2.34(2) of the Federal Court Rules 2011 (Cth) to inspect and make copies of restricted documents - whether grant of access pursuant to r 2.34(2) an appropriate exercise of the Court's discretion - |
| Date: 19 Jun 2023 Judge: O'BRYAN J |
92. Okoh v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 81
| COSTS - where first respondent filed an interlocutory application before the substantial hearing seeking to vacate the hearing until a later date - where interlocutory application was brought after the applicant sought to amend the notice of appeal |
| Date: 26 May 2023 Judge: THOMAS, O'BRYAN AND MCELWAINE JJ |
93. Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 479
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Div 2) - where Administrative Appeals Tribunal (Tribunal) dismissed application for review by reason of the applicant's failure to attend hearing under s 362B of the Migration |
| Date: 17 May 2023 Judge: O'BRYAN J |
94. Weetra-Height on behalf of the Nauo People v State of South Australia [2023] FCA 454
| NATIVE TITLE - consent determination of native title under s 87 of the Native Title Act 1993 (Cth) |
| Date: 15 May 2023 Judge: O'BRYAN J |
| CONSUMER LAW - unconscionable conduct - statutory unconscionability under s 21 of the Australian Consumer Law (ACL) - registered training organisation provided vocational education and training under Commonwealth's Vocational Education and Training |
| Date: 6 Apr 2023 Judge: WIGNEY, O'BRYAN AND DOWNES JJ |
96. BXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 289
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether primary judge erred in finding that the Authority |
| Date: 3 Apr 2023 Judge: O'BRYAN J |
97. Scheuer (Trustee) v Endless Solar Corporation Limited [2023] FCA 299
| CORPORATIONS - application to restrain the conduct of a purported meeting of the shareholders of the third defendant and for the creation or correction of the share register of the third defendant PRACTICE AND PROCEDURE - interlocutory application |
| Date: 29 Mar 2023 Judge: O'BRYAN J |
98. Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53
| MIGRATION - appeal from decision of a single judge of this Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) not to revoke mandatory cancellation under s 501CA(4) of the Migration Act |
| Date: 28 Mar 2023 Judge: THOMAS, O'BRYAN AND MCELWAINE JJ |
99. Frisken v Holdsworth, in the matter of Realmark Services Pty Limited (in liq) (No 2) [2023] FCA 268
| PRACTICE AND PROCEDURE - ex parte application for extension of time for service of originating process following unsuccessful attempts at service - whether good reason to grant extension and whether any irremediable prejudice to defendant - order |
| Date: 24 Mar 2023 Judge: O'BRYAN J |
100. EGQ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 225
| MIGRATION - appeal from Federal Circuit Court of Australia - where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant a safe haven enterprise visa - where Federal Circuit Court dismissed the |
| Date: 16 Mar 2023 Judge: O'BRYAN J |
