Browse Federal Court JudgmentsBy Judge - O'Callaghan J |
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1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
25. 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 |
26. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. Costa Group Holdings Limited, in the matter of Costa Group Holdings Limited [2023] FCA 1562
| 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: 8 Dec 2023 Judge: O'CALLAGHAN J |
65. Corbisieri v NM Superannuation Proprietary Limited (No 2) [2023] FCA 1531
| COSTS - whether indemnity costs should be ordered following rejection of Calderbank offer - whether Australian Financial Complaints Authority's erroneous decision should result in an adverse costs order - circumstances do not warrant departure from |
| Date: 5 Dec 2023 Judge: O'CALLAGHAN J |
66. Colbran v Acquaro, in the matter of Acquaro (a bankrupt) [2023] FCA 1522
| BANKRUPTCY - application under s 30 of the Bankruptcy Act 1966 (Cth) by trustee in bankruptcy that respondent bankrupt vacate and give possession of property - where respondent bankrupt has not sought to annul or set aside bankruptcy - orders made |
| Date: 4 Dec 2023 Judge: O'CALLAGHAN J |
67. StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCAFC 200
| INJUNCTIONS - application for interlocutory injunction - where application refused by primary judge - whether prime facie case of contraventions of ss 18 and 29 of the Australian Consumer Law and for tort of passing off - whether balance of |
| Date: 30 Nov 2023 Judge: O'CALLAGHAN, STEWART AND BUTTON JJ |
68. CAU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1422
| MIGRATION - application for extension of time to appeal from orders of Federal Circuit Court of Australia - where applicants had already exercised appeal rights before Full Court of the Federal Court of Australia and High Court of Australia - |
| Date: 17 Nov 2023 Judge: O'CALLAGHAN J |
69. Equity Trustees Limited v Tactical Global Management Ltd [2023] FCA 1428
| PRACTICE AND PROCEDURE - interlocutory application by respondent and cross-claimant for non-standard discovery pursuant to r 20.15 Federal Court Rules 2011 (Cth) - where discovery sought would impermissibly capture documents irrelevant to issues in |
| Date: 17 Nov 2023 Judge: O'CALLAGHAN J |
70. Fine China Capital Investment Limited v Qi (No 3) [2023] FCA 1405
| PRACTICE AND PROCEDURE - application to set aside subpoenas to produce documents - where issue of subpoenas abuse of process - where subpoenas had no conceivable forensic purpose - subpoenas set aside - costs ordered on an indemnity basis |
| Date: 14 Nov 2023 Judge: O'CALLAGHAN J |
71. Surf Lakes Holdings Limited, in the matter of Surf Lakes Holdings Limited [2023] FCA 1355
| CORPORATIONS - scheme of arrangement - first court hearing - orders sought under s 11(1) of the Corporations Act 2001 (Cth) for convening and holding meeting - orders made |
| Date: 3 Nov 2023 Judge: O'CALLAGHAN J |
72. Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319
| INSURANCE - appeal on a single question of law pursuant to s 1057 of the Corporations Act 2001 (Cth) against Australian Financial Complaints Authority Limited (AFCA) determination setting aside decision of trustee in relation to death benefits of |
| Date: 2 Nov 2023 Judge: O'CALLAGHAN J |
73. New Aim Pty Ltd v Leung (No 3) [2023] FCA 1295
| PRACTICE AND PROCEDURE - where Full Court made order that the "matter be remitted for retrial" - question of the proper construction of that order considered - relevant principles discussed - importance of difference between ss 28(1)(c) and 28(1)(f) |
| Date: 26 Oct 2023 Judge: O'CALLAGHAN J |
| PRACTICE AND PROCEDURE - where Full Court made order remitting "matter" for hearing and determination - where ambiguity in terms of order - question of the scope and proper construction of remittal order considered - relevant principles discussed - |
| Date: 25 Oct 2023 Judge: O'CALLAGHAN J |
75. Australian Securities and Investments Commission v Tzouvelis (No 2) [2023] FCA 1149
| PRACTICE AND PROCEDURE - referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) - referee appointed to inquire and report on whether documents, in respect of which first respondent claimed legal professional privilege, |
| Date: 28 Sep 2023 Judge: O'CALLAGHAN J |
76. Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157
| MIGRATION - mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - meaning of "family violence", "family" and "member of the person's family" in Direction no. 90 - Visa refusal and cancellation under section 501 and |
| Date: 28 Sep 2023 Judge: O'CALLAGHAN, GOODMAN AND KENNETT JJ |
77. Selkirk v Hocking (No 2) [2023] FCA 1085
| DEFAMATION - s 10A(1) of the Defamation Act 2005 (Vic) - where order previously made that the "serious harm element" of the cause of action for defamation brought against fifth and sixth respondents by the applicant be heard separately from any |
| Date: 13 Sep 2023 Judge: O'CALLAGHAN J |
78. Buckeridge v Littlepay Pty Ltd [2023] FCA 1036
| INDUSTRIAL LAW - respondent terminated applicant's employment on ground of redundancy - where applicant alleged termination was adverse action within the meaning of s 342 of the Fair Work Act 2009 (Cth) - where applicant claimed adverse action was |
| Date: 30 Aug 2023 Judge: O'CALLAGHAN J |
79. Wight, in the matter of Verve Portraits Pty Ltd (administrators appointed) [2023] FCA 1014
| CORPORATIONS - external administration - voluntary administration - company a trading trust - whether administrators ought to be appointed as receivers of trust assets - administrators sought to effect sale of business as a going concern - |
| Date: 24 Aug 2023 Judge: O'CALLAGHAN J |
80. Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd [2023] FCA 999
| TRADE MARKS - appeal from decision of the delegate of the Registrar of Trade Marks to refuse appellant's opposition to application by respondent for registration of KANGAROO MOTHER trade mark - hearing de novo - s 59 of the Trade Marks Act 1995 (Cth) |
| Date: 24 Aug 2023 Judge: O'CALLAGHAN J |
81. GeelongPort Pty Limited v The Ship "Voyager P" [2023] FCA 918
| ADMIRALTY - application for judicial sale of ship pendente lite - application for order to move ship under arrest - ship abandoned - orders made |
| Date: 4 Aug 2023 Judge: O'CALLAGHAN J |
82. 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 |
83. Taylor v Nationwide News Pty Limited [2023] FCAFC 117
| DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in finding that imputations not conveyed - appeal dismissed |
| Date: 25 Jul 2023 Judge: WIGNEY, O'CALLAGHAN AND JACKSON JJ |
| CORPORATIONS - where court made order appointing first and second plaintiffs receivers (Receivers) over certain grain held by the third plaintiff, a grain growers' Co-operative - where prior to their appointment Receivers appointed as voluntary |
| Date: 14 Jul 2023 Judge: O'CALLAGHAN J |
85. Nextgen Financial Group Pty Ltd v WJ &
| CORPORATIONS - application to set aside statutory demand - where statutory demand issued in respect of a binding determination of the Australian Financial Complaints Authority - where sum of money the subject of the determination due and payable on |
| Date: 12 Jul 2023 Judge: O'CALLAGHAN J |
86. Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) (No 2) [2023] FCA 706
| COSTS - plaintiffs sought removal of first and second defendants as external administrators on multiple grounds - plaintiffs succeeded on one ground and failed on, or did not press, all others - plaintiffs sought their costs on a lump sum basis - |
| Date: 27 Jun 2023 Judge: O'CALLAGHAN J |
87. Mountain Trail Engineering Pty Ltd v Foster [2023] FCA 718
| PRACTICE AND PROCEDURE - respondents' interlocutory application to vary earlier orders - interlocutory application dismissed |
| Date: 26 Jun 2023 Judge: O'CALLAGHAN J |
| CORPORATIONS - where court made order appointing receivers over certain grain held by the third plaintiff, a grain growers' Co-operative - where Co-operative in liquidation - where grain realised and converted into money - where order sought by |
| Date: 20 Jun 2023 Judge: O'CALLAGHAN J |
89. Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) [2023] FCA 647
| CORPORATIONS - insolvency - application by directors and a creditor pursuant to ss 90-10, 90-15 and 90-20 of the Insolvency Practice Schedule (Corporations) to replace the first and second defendants as external administrators - where external |
| Date: 15 Jun 2023 Judge: O'CALLAGHAN J |
90. Guggal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 641
| MIGRATION - appeal from judgment of Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a decision of the Administrative Appeals Tribunal (Tribunal) - where applicant contended that he had worked for |
| Date: 14 Jun 2023 Judge: O'CALLAGHAN J |
91. ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566
| PRACTICE AND PROCEDURE - interlocutory application - where respondent sought summary judgment on the applicant's originating application and statement of claim pursuant to s 31A Federal Court of Australia Act 1976 (Cth) and r 26.01 Federal Court |
| Date: 2 Jun 2023 Judge: O'CALLAGHAN J |
92. Feldman v Tayar [2023] FCAFC 79
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of a single judge affirming orders made by a registrar that the estates of the appellants be sequestrated under the Bankruptcy Act 1966 (Cth) - appeal dismissed |
| Date: 29 May 2023 Judge: O'CALLAGHAN, ANDERSON AND JACKMAN JJ |
93. Obel v Central Desert Regional Council (No 3) [2023] FCA 544
| PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory orders of a single judge - where proceeding below subsequently dismissed - where no utility in granting leave - application dismissed |
| Date: 26 May 2023 Judge: O'CALLAGHAN J |
94. Sayed v Salvation Army Housing [2023] FCA 526
| PRACTICE AND PROCEDURE - application for summary judgment by respondents - proceeding dismissed |
| Date: 26 May 2023 Judge: O'CALLAGHAN J |
95. V'landys v Australian Broadcasting Corporation [2023] FCAFC 80
| DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in making findings of characteristics of ordinary reasonable viewer of matter complained of without evidence - |
| Date: 26 May 2023 Judge: RARES, KATZMANN AND O'CALLAGHAN JJ |
96. Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 14) [2023] FCA 449
| PRACTICE AND PROCEDURE - reports of referees appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) adopted in whole |
| Date: 9 May 2023 Judge: O'CALLAGHAN J |
97. Selkirk v Hocking [2023] FCA 432
| DEFAMATION - application brought by respondents pursuant to s 10A(4) of the Defamation Act 2005 (Vic) for an order that the "serious harm element" of the cause of action for defamation brought against them by the applicant be determined before the |
| Date: 9 May 2023 Judge: O'CALLAGHAN J |
98. Australian Securities and Investments Commission v Tzouvelis [2023] FCA 431
| PRIVILEGE - legal professional privilege - Australian Securities and Investments Commission seized documents pursuant to search warrant executed under s 39D of the Australian Securities and Investments Commission Act (Cth) (documents) - first |
| Date: 9 May 2023 Judge: O'CALLAGHAN J |
99. Gandhi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 372
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where proposed grounds of appeal were not raised before primary judge - where no meaningful case of appealable error identified - appeal dismissed |
| Date: 21 Apr 2023 Judge: O'CALLAGHAN J |
100. Samiullah v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 369
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where appellant did not appear at hearing of appeal - where appellant was given proper notice of hearing of appeal - where first respondent applied for order under r 36.75 of |
| Date: 21 Apr 2023 Judge: O'CALLAGHAN J |
