Browse Federal Court JudgmentsBy Judge - O'Callaghan J |
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1. Woods, in the matter of Gold Merchants International (Aust) Pty Ltd (in liq) [2026] FCA 684
| CORPORATIONS – “shelf order” sought by liquidator under s 588F(3) of the Corporations Act 2001 (Cth) (Act) to extend time for making an application under the voidable transaction provisions in s 588FF(1) of the Act – where shelf order |
| Date: 3 Jun 2026 Judge: O'CALLAGHAN J |
2. Culleton v Balwyn Nominees Pty Ltd [2026] FCA 685
| PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision summarily dismissing proceeding – whether primary judge erred in summarily dismissing proceeding for being an abuse of process – where primary judge found all |
| Date: 3 Jun 2026 Judge: O'CALLAGHAN J |
3. CGQJ v Minister for Immigration and Multicultural Affairs [2026] FCA 631
| MIGRATION – judicial review – application to quash the decision of the Administrative Review Tribunal to affirm a decision by the Minister for Immigration and Multicultural Affairs not to revoke the cancellation of the applicant’s refugee visa |
| Date: 22 May 2026 Judge: O’CALLAGHAN J |
4. Deppeler, in the matter of Clearwater Logging & Transport Pty Ltd (in liquidation) [2026] FCA 576
| CORPORATIONS – external administration – liquidation – application by interested creditor for leave to be heard on liquidators’ application for judicial directions – application by interested creditor for limited indemnity costs out of |
| Date: 12 May 2026 Judge: O'CALLAGHAN J |
| CORPORATIONS – Administration of Carbon Revolution Companies – application for limitation of personal liability of administrators with respect to specified classes of agreements of the companies under administration – modification of operation |
| Date: 12 May 2026 Judge: O'CALLAGHAN J |
6. Bertram v Naudi (No 2) [2026] FCAFC 56
| COSTS – order made that costs follow the event after unsuccessful appeal |
| Date: 5 May 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
7. Brydi Pty Ltd atf the Brydi Super Fund v Southern Cross Payments Ltd [2026] FCA 543
| PRACTICE AND PROCEDURE – application to amend statement of claim in proceeding commenced under Part IVA of the Federal Court of Australia Act 1976 (Cth) (the new proceeding) – where some proposed amendments opposed on the ground that they would |
| Date: 5 May 2026 Judge: O'CALLAGHAN J |
8. SEPL Pty Ltd as trustee of the SFT Trust v Commissioner of Taxation [2026] FCAFC 36
| TAXATION – fringe benefits tax – appeal from orders of a single judge of the Federal Court allowing an appeal on questions of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether provision of luxury motor vehicles for |
| Date: 27 Mar 2026 Judge: PERRY, O’CALLAGHAN AND THAWLEY JJ |
9. Commissioner of Taxation v Morton [2026] FCAFC 31
| TAXATION – appeal from decision of primary judge with respect to an appeal under Pt IVC of the Taxation Administration Act 1953 (Cth) against objection decision – where amended assessments of taxation brought proceeds from the sales of lots on a |
| Date: 27 Mar 2026 Judge: O’CALLAGHAN, DERRINGTON AND MCEVOY JJ |
10. Bertram v Naudi [2026] FCAFC 40
| BANKRUPTCY – Jurisdiction – appeal from orders of a single judge of the Federal Court – where judge dismissed an application made by discharged bankrupt pursuant to s 90-15 of sch 2 of the Bankruptcy Act 1996 (Cth) that certain contribution |
| Date: 19 Mar 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
11. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 244
| MIGRATION – appeal from Federal Circuit and Family Court of Australia – where the Minister refused to accept the sponsor’s nomination application – where the appeal was incompetent – appeal dismissed |
| Date: 24 Feb 2026 Judge: O’CALLAGHAN J |
12. Hera Project Pty Ltd v Woolworths Ltd [2026] FCA 128
| PRACTICE AND PROCEDURE – application to dismiss application for leave to appeal for want of prosecution and failure to comply with directions – application dismissed |
| Date: 19 Feb 2026 Judge: O'CALLAGHAN J |
13. Australian Competition and Consumer Commission v Mobil Oil Australia Pty Ltd [2026] FCA 93
| CONSUMER LAW – false or misleading representations – admitted contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of Sch 2 to the Competition and Consumer Act 2010 (Cth) – imposition of pecuniary penalties and other relief – orders made to |
| Date: 17 Feb 2026 Judge: O’CALLAGHAN J |
14. Snow v Secretary, Department of Social Services (No 3) [2026] FCAFC 2
| COSTS – costs of appeal sought by each party – no reason why costs should not follow the event – appellant to pay the respondent’s costs of the appeal |
| Date: 22 Jan 2026 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
15. Zimmermann Vearings Pty Ltd v Sandhurst Capital Pty Ltd [2025] FCA 1675
| PRACTICE AND PROCEDURE – contracts – interlocutory applications in related proceedings – where both applications raise same underlying issue – whether an alternative second pleaded agreement capable of being inferred from conduct |
| Date: 22 Dec 2025 Judge: O’CALLAGHAN J |
16. Snow v Secretary, Department of Social Services (No 2) [2025] FCAFC 191
| ADMINISTRATIVE LAW – appeal from decisions of the primary judge (1) dismissing an appeal under s 44 of the former Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal to order that payment of |
| Date: 19 Dec 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
17. Australian Competition and Consumer Commission v Bupa HI Pty Ltd [2025] FCA 1564
| CONSUMER LAW – false or misleading representations – unconscionable conduct – where orders, including for the imposition of penalties totalling $35 million, sought by consent – where respondent admitted to multiple contraventions of the |
| Date: 11 Dec 2025 Judge: O’CALLAGHAN J |
18. Australian Securities and Investments Commission v United Super Pty Ltd [2025] FCA 1453
| CONSUMER LAW – where financial services licensee contravened ss 912A(1)(a) and (5A) of the Corporations Act 2001 (Cth) (Corporations Act) by failing to do all things necessary to ensure that the financial services covered by its licence were |
| Date: 25 Nov 2025 Judge: O’CALLAGHAN J |
19. Micheletto (Trustee) v Leroy, in the matter of Jackson (Bankrupt) [2025] FCA 1466
| BANKRUPTCY AND INSOLVENCY – where trustee in bankruptcy falsely told creditor that bankrupt estate had not received funds from deceased estate – where trustee made unauthorised withdrawals from bankrupt estate and misappropriated trust property |
| Date: 12 Nov 2025 Judge: O’CALLAGHAN J |
| COSTS – application by successful appellant for costs of the appeal to be paid on an indemnity basis pursuant to r 25.14(3) of the Federal Court Rules 2011 (Cth) (FCR) – whether r 25.14 of the FCR applies to offers made in appeals – whether |
| Date: 10 Nov 2025 Judge: O'CALLAGHAN, O'BRYAN AND VANDONGEN JJ |
21. Clemenger Group Limited, in the matter of Clemenger Group Limited (No 2) [2025] FCA 1289
| CORPORATIONS – scheme of arrangement – second court hearing – where orders sought under ss 411(4)(b) and 411(12) of the Corporations Act 2001 (Cth) for approval of scheme of arrangement and exemption from compliance with s 411(11) of the Act |
| Date: 21 Oct 2025 Judge: O’CALLAGHAN J |
22. Clemenger Group Limited, in the matter of Clemenger Group Limited [2025] FCA 1161
| CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening and holding meeting – orders made |
| Date: 18 Sep 2025 Judge: O’CALLAGHAN J |
23. Lin v Chu [2025] FCAFC 130
| TRUSTS AND TRUSTEES – where respondents invested in secured income mortgage fund for purpose of obtaining a significant investor visa – where primary judge found that corporate trustee of fund committed breaches of trust by making three |
| Date: 12 Sep 2025 Judge: O’CALLAGHAN, O’BRYAN AND VANDONGEN JJ |
| CORPORATIONS – administration – where defendant/cross-claimant sought damages against plaintiff/cross-respondent and its administrators for alleged conversion of personal property located at the Whyalla Port in South Australia – where claim |
| Date: 3 Sep 2025 Judge: O’CALLAGHAN J |
25. Groves v Tas Fumigation and Pest Services Pty Ltd [2025] FCA 1089
| CORPORATIONS – application seeking relief pursuant to rr 5.23(2)(c)–(d) and 26.01(1)(e) of the Federal Court Rules 2011 (Cth) – ongoing failure of defendants to comply with orders to produce books and records – where affairs of company |
| Date: 1 Sep 2025 Judge: O’CALLAGHAN J |
| EVIDENCE – objections to portions of expert reports – second limb of s 79(1) of the Evidence Act 1995 (Cth) – whether the evidence sought to be proffered is wholly or substantially based on the specialised knowledge of the experts – held: |
| Date: 11 Aug 2025 Judge: O’CALLAGHAN J |
27. Snow v Secretary, Department of Social Security [2025] FCAFC 98
| PRACTICE AND PROCEDURE – Application for adjournment – Consideration of s 37M Federal Court of Australia Act 1976 (Cth) – Appellant’s health conditions – Unchallenged evidence of health conditions – Appellant litigant in person – |
| Date: 21 Jul 2025 Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
| CORPORATIONS – application by administrators of a company under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors and for ancillary orders under s 447A of the Act – application |
| Date: 4 Jul 2025 Judge: O’CALLAGHAN J |
29. Mirror Trading International (Pty) Ltd (in liq) v Went [2025] FCA 665
| PRACTICE AND PROCEDURE – application for default judgment under rr 5.22 and 5.23 of the Federal Court Rules 2011 (Cth) (the Rules) – application for declaratory relief in respect of transfers of bitcoin |
| Date: 19 Jun 2025 Judge: O’CALLAGHAN J |
30. ZTBL v Minister for Immigration and Citizenship [2025] FCA 652
| MIGRATION – application to quash the decision of the Administrative Appeals Tribunal (Tribunal) to affirm an earlier decision by the delegate of the Minister of Immigration and Citizenship (Minister) not to revoke the cancellation of the |
| Date: 19 Jun 2025 Judge: O’CALLAGHAN J |
31. Alexiou v Australia and New Zealand Banking Group Limited [2025] FCA 612
| PRACTICE AND PROCEDURE – application for leave to appeal decision of primary judge refusing applicant leave to make certain amendments to the eleventh iteration of his statement of claim – where reasons for delay in bringing application to |
| Date: 12 Jun 2025 Judge: O’CALLAGHAN J |
32. Adia Venture Ltd v Traffic Technologies Ltd [2025] FCA 564
| PRACTICE AND PROCEDURE – application by plaintiffs for an order pursuant to s 588FM of the Corporations Act 2001 (Cth) (Act) extending the time for registration of a security interest in defendants’ assets for the purposes of s 588FL(2)(b)(iv) |
| Date: 28 May 2025 Judge: O’CALLAGHAN J |
33. Snow v Secretary, Department of Social Security [2025] FCA 557
| PRACTICE AND PROCEDURE – application for leave to rely on an amended ground claiming that appellant was denied natural justice and procedural fairness due to inability to secure legal representation or advice prior to hearing before primary judge |
| Date: 27 May 2025 Judge: O’CALLAGHAN J |
34. GO Markets Pty Ltd v Gupta [2025] FCA 554
| BANKRUPTCY AND INSOLVENCY – applicant seeking leave pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to continue proceeding against respondents – allegation that first respondent received secret commissions during employment with |
| Date: 26 May 2025 Judge: O’CALLAGHAN J |
35. Fortrend Securities Pty Ltd v Wollermann (No 3) [2025] FCA 444
| COSTS – where respondents were entirely successful following 15-day trial – where respondents previously made two offers to settle the proceeding by which respondents would have paid to applicants substantial sums of money and their costs – |
| Date: 6 May 2025 Judge: O’CALLAGHAN J |
36. Wollermann v Fortrend Securities Pty Ltd (No 2) [2025] FCA 443
| INDUSTRIAL LAW – final orders – pecuniary penalties – contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (FW Act) – scope of serious contravention under s 557A of the FW Act – consideration of principles relating to |
| Date: 6 May 2025 Judge: O’CALLAGHAN J |
37. Village Roadshow IP Pty Ltd v VUR Village Trading No 1 Limited [2025] FCA 428
| TRADE MARKS – where the respondent brought non-use actions before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) against various class registrations of a trade mark (the Trade Mark) by the |
| Date: 1 May 2025 Judge: O’CALLAGHAN J |
38. Rimfire Energy Pty Ltd v BSF Co Pty Ltd (No 2) [2025] FCA 384
| CONTRACTS – whether, under Power Purchase Agreements (PPAs) for the construction of two facilities in the Northern Territory and the supply of electricity from those facilities, the Owners gave to the Buyer valid notices of extension of time to |
| Date: 22 Apr 2025 Judge: O’CALLAGHAN J |
39. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
| CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) |
| Date: 22 Apr 2025 Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ |
40. Quickstep Holdings Limited, in the matter of Quickstep Holdings Limited (No 2) [2025] FCA 397
| CORPORATIONS – scheme of arrangement – second court hearing – where orders sought under ss 411(4)(b) and 411(12) of the Corporations Act 2001 (Cth) for approval of scheme of arrangement and exemption from compliance with s 411(11) of the Act |
| Date: 16 Apr 2025 Judge: O’CALLAGHAN J |
41. Quickstep Holdings Limited, in the matter of Quickstep Holdings Limited [2025] FCA 317
| CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening and holding meeting – orders made |
| Date: 4 Apr 2025 Judge: O’CALLAGHAN J |
42. Greenwich v Latham (No 3) [2025] FCA 312
| COSTS – Defamation – costs awarded to applicant but not on an indemnity basis |
| Date: 4 Apr 2025 Judge: O’CALLAGHAN J |
43. Mao v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 289
| MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to revoke the mandatory cancellation of the applicant’s Special Category (Class TY) (Subclass |
| Date: 1 Apr 2025 Judge: O’CALLAGHAN J |
44. Australia Pacific Airports (Launceston) Pty Ltd v Airservices Australia [2025] FCA 288
| PRACTICE AND PROCEDURE – interlocutory application for a separate hearing pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where the proceeding was commenced in 2021 – where a determination of the separate question would leave other |
| Date: 28 Mar 2025 Judge: O’CALLAGHAN J |
45. 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 |
46. Australian Securities and Investments Commission v LGSS Pty Ltd (No 3) [2025] FCA 205
| BANKING AND FINANCIAL INSTITUTIONS – imposition of civil penalties following findings and declarations of breach of ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (the ASIC Act) – whether by |
| Date: 18 Mar 2025 Judge: O’CALLAGHAN J |
47. Asia Property AU 1 Pty Ltd v Vertical 4 Pty Ltd, in the matter of Vertical 4 Pty Ltd [2025] FCA 188
| COURTS AND JUDICIAL SYSTEM – delegation of powers to Registrar – application to review “exercise of power” by Registrar – winding up application – preliminary question of service decided by Registrar – whether application for review |
| Date: 12 Mar 2025 Judge: O’CALLAGHAN J |
48. Patel v Minister for Immigration and Multicultural Affairs [2025] FCA 171
| MIGRATION – applications for Temporary Business Entry (Class UC) Temporary Work (Skilled) (subclass 457) visas – where applications were not supported by an approved nomination by a standard business sponsor – where a delegate of the Minister |
| Date: 7 Mar 2025 Judge: O’CALLAGHAN J |
49. Woods, in the matter of Gold Merchants International (Aust) Pty Ltd (in liq) [2025] FCA 149
| CORPORATIONS – application for approval of remuneration pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – application for confidentiality, suppression and non-publication orders pursuant to ss 37AF(1)(b) and 37AG(1)(a) of the Federal |
| Date: 3 Mar 2025 Judge: O’CALLAGHAN J |
50. Greenwich v Latham (No 2) [2025] FCA 131
| DEFAMATION - application for permanent injunction to restrain republication of defamatory imputation - whether injunction should go - Court's jurisdiction to grant permanent injunctions - whether real or appreciable risk of republication of |
| Date: 26 Feb 2025 Judge: O'CALLAGHAN J |
51. Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103
| INDUSTRIAL LAW - alleged contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (the Act) - civil remedy provisions - where the respondent employer partially withheld bonus payments from the applicants following their resignation - where |
| Date: 21 Feb 2025 Judge: O'CALLAGHAN J |
52. Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
| CORPORATIONS - alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee - where clients moved from applicants to the respondents' new employer - whether respondents breached the employment |
| Date: 21 Feb 2025 Judge: O'CALLAGHAN J |
53. United Petroleum Pty Ltd v Perth Airport Pty Ltd [2025] FCA 40
| PRACTICE AND PROCEDURE -- recusal -- reasonable apprehension of bias -- whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding |
| Date: 5 Feb 2025 Judge: O'CALLAGHAN J |
54. Kant v Australian Information Commissioner [2025] FCA 16
| PRACTICE AND PROCEDURE -- application for leave to appeal from interlocutory judgment pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) -- leave to appeal refused |
| Date: 23 Jan 2025 Judge: O'CALLAGHAN J |
55. Balbir Singh v Secretary, Department of Social Services [2024] FCA 1517
| ADMINISTRATIVE LAW - application for judicial review under section 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where application wholly devoid of merit - appeal dismissed with costs |
| Date: 20 Dec 2024 Judge: O'CALLAGHAN J |
56. 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 |
57. 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 |
58. 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 |
59. Deeming v Pesutto (No 3) [2024] FCA 1430
| DEFAMATION - proceeding against the Leader of the Opposition in the Victorian Parliament brought by a Member expelled from the Parliamentary Liberal Party - imputations pleaded in respect of five impugned publications - consideration of whether |
| Date: 12 Dec 2024 Judge: O'CALLAGHAN J |
| CONSTITUTIONAL LAW - judicial power of the Commonwealth - whether s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) is valid in its application to the appellant - where Minister revoked appellant's Australian citizenship following his |
| Date: 14 Nov 2024 Judge: BURLEY, O'CALLAGHAN AND HORAN JJ |
| COSTS -- where pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) (the Act) the plaintiff liquidator had sought extension of time to bring applications against named respondents under s 588FF(1) of the Act with respect to any voidable |
| Date: 13 Nov 2024 Judge: O'CALLAGHAN J |
62. The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299
| TRADE MARKS - infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) (the Act) - whether the respondent used the plain word mark THE PRACTICE as a trade mark - whether the respondent's marks are substantially identical with, or |
| Date: 12 Nov 2024 Judge: O'CALLAGHAN J |
63. Australian Securities and Investments Commission v Ryan [2024] FCA 1267
| CORPORATIONS - duties of directors - allegation that defendant contravened statutory duties as a director under ss 180, 181(1)(a) and 182 of the Corporations Act 2001 (Cth) - where no allegation that defendant was motivated by or gained any personal |
| Date: 6 Nov 2024 Judge: O'CALLAGHAN J |
| CORPORATIONS - standard of appellate review - where deed of company arrangement terminated - whether the Court's satisfaction that a ground for termination is established is governed by the correctness standard pursuant to Warren v Coombes or the |
| Date: 1 Nov 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
65. Mariappan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1183
| MIGRATION -- application for declaration that applicant holds an "absorbed person visa" within the meaning of s 34 of the Migration Act 1958 (Cth) (Migration Act) -- where sole issue was whether applicant had "ceased to be an immigrant" by 2 April |
| Date: 15 Oct 2024 Judge: O'CALLAGHAN J |
66. CIJ23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1128
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - where applicant was unrepresented at hearing - where applicant questioned about illicit drug use during hearing - where Tribunal failed to give warning |
| Date: 26 Sep 2024 Judge: O'CALLAGHAN J |
67. Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2024] FCA 1126
| CONSUMER LAW -- where respondent an electricity retailer with the meaning of s 5 of the Competition and Consumer (Industry Code--Electricity Retail) Regulations 2019 (the Code) -- where respondent admitted to contraventions of s 12(2) of the Code, s |
| Date: 26 Sep 2024 Judge: O'CALLAGHAN J |
68. Daly v Australian Securities and Investments Commission [2024] FCAFC 125
| CORPORATIONS - civil penalty proceedings - liability phase - duties of officers of responsible entity of a registered managed investment scheme - whether appellant an officer of the responsible entity - where primary judge held that the |
| Date: 24 Sep 2024 Judge: O'CALLAGHAN, MCELWAINE AND JACKMAN JJ |
69. Chubb Insurance Australia Limited v WSP Structures Pty Ltd [2024] FCAFC 123
| INSURANCE - whether first respondent an insured -where named insured a construction company - where first respondent provided engineering services to named insured - where definition of "Insured" included "sub-contractors" engaged by named insured - |
| Date: 20 Sep 2024 Judge: O'CALLAGHAN, DERRINGTON AND JACKMAN JJ |
70. Deeming v Pesutto (No 2) [2024] FCA 1090
| PRACTICE AND PROCEDURE -- application for leave to issue subpoena -- application refused |
| Date: 11 Sep 2024 Judge: O'CALLAGHAN J |
71. Greenwich v Latham [2024] FCA 1050
| DEFAMATION - proceeding against a member of New South Wales Parliament brought by another member - imputations pleaded in respect of two impugned publications - consideration of whether imputations conveyed - first imputation made in "primary tweet" |
| Date: 11 Sep 2024 Judge: O'CALLAGHAN J |
72. Stone, in the matter of M Group Property Pty Ltd (in liq) [2024] FCA 1022
| CORPORATIONS - application by liquidator for retrospective approval of entry into deed of settlement and of compromise of debt owed to the company pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) - application by liquidator for |
| Date: 2 Sep 2024 Judge: O'CALLAGHAN J |
| CORPORATIONS -- application by applicant for leave to proceed with proceeding against first to third respondents pursuant to s 440D(1)(b) of the Corporations Act 2001 (Cth) -- leave to proceed granted |
| Date: 22 Aug 2024 Judge: O'CALLAGHAN J |
74. Deeming v Pesutto [2024] FCA 951
| PRACTICE AND PROCEDURE - defamation - application for evidence of a witness to be heard via video link from England - where the evidence of the witness was directly relevant to significant pleaded issues - where opposing party submitted that the |
| Date: 22 Aug 2024 Judge: O'CALLAGHAN J |
75. Lawrence v Melbourne Football Club Ltd [2024] FCA 945
| CORPORATIONS - where member of Australian Rules football club brought proceeding seeking a declaration pursuant to s 232 of the Corporations Act 2001 (Cth) that certain conduct of the club was contrary to the interests of its members as a whole, and |
| Date: 22 Aug 2024 Judge: O'CALLAGHAN J |
76. Cussen, in the matter of Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716
| CORPORATIONS - where pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) (the Act) the plaintiff liquidator had sought extension of time to bring applications against named respondents under s 588FF(1) of the Act with respect to any |
| Date: 4 Jul 2024 Judge: O'CALLAGHAN J |
77. Australian Securities and Investments Commission v LGSS Pty Ltd (No 2) [2024] FCA 665
| BANKING AND FINANCIAL INSTITUTIONS - "greenwashing" - where defendant contravened ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making false or misleading representations, and engaging in conduct |
| Date: 20 Jun 2024 Judge: O'CALLAGHAN J |
78. Rimfire Energy Pty Ltd v BSF Co Pty Ltd [2024] FCA 602
| CONTRACTS - determination of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) - where answers to separate questions turned on proper construction of "Power Purchase Agreements" (PPAs) - whether the court needed to |
| Date: 7 Jun 2024 Judge: O'CALLAGHAN J |
79. Keybridge Capital Limited v WAM Active Limited (No 2) [2024] FCAFC 72
| COSTS - whether costs of unsuccessful appeal should be paid on an indemnity basis |
| Date: 6 Jun 2024 Judge: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ |
80. Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71
| ADMINISTRATIVE LAW - whether primary judge erred in finding that a decision of the appellant's delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that |
| Date: 5 Jun 2024 Judge: O'CALLAGHAN, SNADEN AND MCELWAINE JJ |
81. Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
| BANKING AND FINANCIAL INSTITUTIONS - application by Australian Securities and Investments Commission (ASIC) alleging that defendant contravened ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by |
| Date: 5 Jun 2024 Judge: O'CALLAGHAN J |
82. Moss v Aquisite Pty Ltd [2024] FCA 455
| PRACTICE AND PROCEDURE - application to dismiss appeal for want of prosecution and failure to comply with directions - appeal dismissed |
| Date: 2 May 2024 Judge: O'CALLAGHAN J |
83. Australian Communications and Media Authority v Phaze Broadcasting Pty Ltd [2024] FCA 473
| COMMUNICATIONS LAW - where respondent admitted to contraventions of ss 46(3) and 47(3) of the Radiocommunications Act 1992 (Cth) - where parties jointly sought declarations as to contraventions and other relief - where declarations made - where |
| Date: 26 Apr 2024 Judge: O'CALLAGHAN J |
84. Fine China Capital Investment Limited v Qi (No 5) [2024] FCA 415
| COSTS - appropriate order as to costs of interlocutory applications - where both parties were largely unsuccessful - where ordered that each party is to bear their own costs of the applications |
| Date: 23 Apr 2024 Judge: O'CALLAGHAN J |
| PRACTICE AND PROCEDURE - application by second defendant for evidentiary rulings - where a number of rulings agreed by the parties and other rulings held over - application by second defendant to strike out certain paragraphs of statement of claim - |
| Date: 19 Apr 2024 Judge: O'CALLAGHAN J |
86. Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46
| CONSUMER LAW - whether primary judge erred in finding that certain promotional materials did not convey alleged representations under ss 18 and 29 of the Australian Consumer Law - where respondents ceased to trade after hearing of appeal and before |
| Date: 11 Apr 2024 Judge: O'CALLAGHAN, HALLEY AND BUTTON JJ |
87. Fine China Capital Investment Limited v Qi (No 4) [2024] FCA 343
| CORPORATIONS - practice and procedure - application by applicant for order reinstating company pursuant to section 601AH of the Corporations Act 2001 (Cth) and for leave to bring a derivative proceeding - whether applicant a "person aggrieved" |
| Date: 8 Apr 2024 Judge: O'CALLAGHAN J |
88. Aussie Broadband Limited v Superloop Limited [2024] FCA 312
| PRACTICE AND PROCEDURE - application for interlocutory injunction - whether applicant had established prima facie case that respondent had acted for a purpose foreign to the powers contained in its constitution by issuing a notice requiring the |
| Date: 28 Mar 2024 Judge: O'CALLAGHAN J |
89. Commonwealth of Australia v De Pyle [2024] FCAFC 43
| PRACTICE AND PROCEDURE - where primary judge refused interlocutory application by the Commonwealth for certain suppression orders - where evidence adduced from responsible officer that suppression orders necessary to prevent prejudice to national |
| Date: 26 Mar 2024 Judge: O'CALLAGHAN, RAPER AND BUTTON JJ |
90. Tratter v Aware Super [2024] FCAFC 36
| SUPERANNUATION -- appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a |
| Date: 19 Mar 2024 Judge: O'CALLAGHAN, ANDERSON AND MCELWAINE JJ |
91. Australian Securities and Investments Commission v Guo (No 2) [2024] FCA 251
| CORPORATIONS -- application by defendant to discharge travel restriction orders made under s 1323 of the Corporations Act 2001 (Cth) which were obtained by ASIC on ex parte basis -- where defendant is the subject of an ASIC investigation into |
| Date: 18 Mar 2024 Judge: O'CALLAGHAN J |
92. Boyd Industries Pty Ltd v 1297 KRL McMillans Pty Ltd [2024] FCA 229
| CORPORATIONS - application to appoint provisional liquidator pursuant to s 472(2) of the Corporations Act 2001 (Cth) - the prohibition under the Farm Debt Mediation Act 2011 (Vic) on a creditor taking enforcement action under a farm mortgage does |
| Date: 7 Mar 2024 Judge: O'CALLAGHAN J |
93. Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 3) [2024] FCA 83
| CONSUMER LAW - imposition of civil penalties following findings and declarations of breach of s 29(1)(m) of Australian Consumer Law by respondent in Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493 |
| Date: 14 Feb 2024 Judge: O'CALLAGHAN J |
94. Deppeler, in the matter of Moulamein Grain Co-Operative Limited (in liquidation) [2024] FCA 65
| CORPORATIONS - where court-appointed receivers made application for orders regarding completion of receivership - where order sought that receivers would be justified and acting reasonably in paying unclaimed distribution funds to the NSW Trustee |
| Date: 8 Feb 2024 Judge: O'CALLAGHAN J |
95. Costa Group Holdings Limited, in the matter of Costa Group Holdings Limited [2024] FCA 59
| CORPORATIONS - scheme of arrangement - second court hearing - where orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of scheme of arrangement - orders made |
| Date: 7 Feb 2024 Judge: O'CALLAGHAN J |
96. Zhang v Zhang [2023] FCA 1660
| INJUNCTIONS - where a judge granted after an inter partes hearing an application for a freezing order - where the parties in respect of which the freezing order was sought declined to adduce evidence at that hearing - whether material changes of |
| Date: 22 Dec 2023 Judge: O'CALLAGHAN J |
97. Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 15) [2023] FCA 1604
| REPRESENTATIVE PROCEEDINGS - application by Administrator for orders amending settlement scheme - where court appointed Contradictor did not oppose amendments - orders made |
| Date: 14 Dec 2023 Judge: O'CALLAGHAN J |
98. Surf Lakes Holdings Limited, in the matter of Surf Lakes Holdings Limited (No 2) [2023] FCA 1601
| CORPORATIONS - scheme of arrangement - second court hearing - orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) for approval of scheme of arrangement - orders made |
| Date: 14 Dec 2023 Judge: O'CALLAGHAN J |
99. Keybridge Capital Limited v WAM Active Limited [2023] FCAFC 194
| CORPORATIONS - appeal from decision of primary judge that respondent's directors did not act for an improper purpose in resolving to move a general meeting from an in-person meeting to an online meeting - no appellable error - appeal dismissed |
| Date: 12 Dec 2023 Judge: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ |
100. QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195
| PRACTICE AND PROCEDURE - where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court - where grounds contended before primary judge and first Full Court abandoned and appellant |
| Date: 12 Dec 2023 Judge: KATZMANN, O'CALLAGHAN AND MCEVOY JJ |
