Browse Federal Court JudgmentsBy Judge - O'Sullivan J |
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(O'Sullivan
J)
: 126
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1. CSW17 v Minister for Immigration and Multicultural Affairs [2025] FCA 259
| MIGRATION — appeal from decision of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of decision of the Immigration Assessment Authority not to grant protection visa — where the |
| Date: 27 Mar 2025 Judge: O'SULLIVAN J |
2. EBP19 v Minister for Immigration and Multicultural Affairs [2025] FCA 262
| MIGRATION — appeal from decision of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of decision of the Immigration Assessment Authority not to grant protection visa — whether the |
| Date: 27 Mar 2025 Judge: O'SULLIVAN J |
3. Storry, in the matter of Storry [2025] FCA 231
| PRACTICE AND PROCEDURE — applicant prohibited from initiating any proceedings in the Court without first obtaining leave — application for leave to institute proceedings — where affidavits do not comply with s 37AR(3) of the Federal Court of |
| Date: 19 Mar 2025 Judge: O'SULLIVAN J |
4. Oxford Insurance Brokers Pty Ltd v NTI Limited [2025] FCA 268
| CORPORATIONS — return of an application seeking the grant of an ex parte interlocutory injunction restraining the first respondent from giving effect to a decision to terminate an agreement — whether prima facie case made out — whether balance |
| Date: 13 Mar 2025 Judge: O'SULLIVAN J |
| CORPORATIONS — interlocutory application by plaintiff seeking amendments to orders previously granted under s 442C Corporations Act 2001 (Cth) — interlocutory application by plaintiff seeking orders approving entry into funding agreements — |
| Date: 13 Mar 2025 Judge: O'SULLIVAN J |
6. Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2025] FCAFC 22
| STATUTORY INTERPRETATION – Pharmaceutical Benefits Scheme – methodology of the average unadjusted price reduction test prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – where legislation amended after conclusion of argument on |
| Date: 13 Mar 2025 Judge: KATZMANN, O’SULLIVAN AND MCELWAINE JJ |
7. McPartland v Commissioner of Taxation [2025] FCAFC 23
| TAXATION – appeal from judgment upholding Tribunal decision in relation to default assessments made under s 167 of the Income Tax Assessment Act 1936 (Cth) – whether primary judge erred in dismissing appeal – whether taxpayers had discharged |
| Date: 12 Mar 2025 Judge: GOODMAN, O'SULLIVAN AND MCEVOY JJ |
8. HSKJ v Minister for Immigration and Multicultural Affairs [2025] FCA 165
| MIGRATION — s 501BA of Migration Act 1958 (Cth) — where Minister for Immigration, Citizenship and Multicultural Affairs set aside decision of Administrative Appeals Tribunal to revoke visa cancellation — whether Minister’s public statements |
| Date: 7 Mar 2025 Judge: O'SULLIVAN J |
| CORPORATIONS — urgent application for leave to dispose of property that is the subject to a security interest — application pursuant to s 442C Corporations Act 2001 (Cth) — whether arrangements have been made to protect adequately the |
| Date: 25 Feb 2025 Judge: O'SULLIVAN J |
10. Papoutsakis v Australian Information Commissioner [2025] FCAFC 10
| HUMAN RIGHTS - Privacy - appeal from decision of primary judge to dismiss application for judicial review of a decision of a delegate of the Australian Information Commissioner not to investigate a breach of privacy complaint under s 41(1)(da) of |
| Date: 13 Feb 2025 Judge: O'SULLIVAN, KENNETT AND NEEDHAM JJ |
11. Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4
| SAD 109 of 2020 CORPORATIONS -- breach of director's/officer's duties -- one shadow director/shadow officer -- one registered director and officer of the first applicant -- where directors not a party to the proceedings -- where directors breached |
| Date: 15 Jan 2025 Judge: O'SULLIVAN J |
| PRACTICE AND PROCEDURE -- where Receivers appointed to the property of the defendants by the Court whilst ASIC conducting an investigation -- whether the Receivers would be justified and acting reasonably in refusing to consent to pay and in not |
| Date: 20 Dec 2024 Judge: O'SULLIVAN J |
13. Bertram v Naudi (Costs) [2024] FCA 1444
| COSTS - application for costs of claim and cross-claim on an indemnity basis - relevant principles - where the applicant commenced proceedings in the Court when a no-cost recovery alternative was available by internal review by Inspector-General - |
| Date: 13 Dec 2024 Judge: O'SULLIVAN J |
| PRACTICE AND PROCEDURE - application for leave to appeal from costs orders made by trial judge - where trial judge made costs orders which differed from those proposed by the parties - application refused |
| Date: 4 Dec 2024 Judge: PERRAM, DOWNES AND O'SULLIVAN JJ |
15. Scott v Nimlaw Pty Ltd (No 2) [2024] FCA 1330
| BANKRUPTCY -- appeal of decision from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a registrar's decision to make a sequestration order --appeal dismissed |
| Date: 19 Nov 2024 Judge: O'SULLIVAN J |
16. Bertram v Naudi (No 2) [2024] FCA 1239
| BANKRUPTCY - application by bankrupt for three contribution assessments to be set aside on the basis that they are void or invalid - where applicant is a discharged bankrupt - where the Trustee found the bankrupt received a benefit in the form of |
| Date: 25 Oct 2024 Judge: O'SULLIVAN J |
| CORPORATIONS -- application for the appointment of receivers to the property of the 14th and 15th defendants pursuant to s 1323 of the Corporations Act 2001 (Cth) -- where investigations are being carried out under the Act, the Australian Securities |
| Date: 22 Oct 2024 Judge: O'SULLIVAN J |
| COSTS -- application by first interested party for indemnity costs to be assessed as a lump sum and paid forthwith -- where second interested party represented missing funds as being "available" when they had been disbursed -- whether the Court |
| Date: 27 Sep 2024 Judge: O'SULLIVAN J |
19. Simmons v Military Rehabilitation and Compensation Commission [2024] FCA 1107
| PRACTICE AND PROCEDURE -- where applicant applied to the Administrative Appeals Tribunal (AAT) which determined that there was no "decision" -- subsequent application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act |
| Date: 20 Sep 2024 Judge: O'SULLIVAN J |
20. Sladden v Commissioner of Taxation [2024] FCAFC 122
| TAXATION -- appeal from a decision of the Administrative Appeals Tribunal affirming the decision of the Commissioner of Taxation to disallow the applicant's objection to an income tax assessment -- where claim made by applicant for future income |
| Date: 19 Sep 2024 Judge: O'SULLIVAN, HESPE AND NESKOVCIN JJ |
21. Scott v Nimlaw Pty Ltd (No 1) [2024] FCA 1123
| PRACTICE AND PROCEDURE -- recusal application -- 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 -- whether involvement in a |
| Date: 18 Sep 2024 Judge: O'SULLIVAN J |
22. Hamilton v Meta Platforms, Inc (Leave to appeal stay and costs orders) [2024] FCA 1078
| PRACTICE AND PROCEDURE -- application for leave to appeal from interlocutory decisions -- where primary judge ordered that the proceedings be permanently stayed under s 23 of the Federal Court of Australia Act 1976 (Cth) and r 1.23 of the Federal |
| Date: 18 Sep 2024 Judge: O'SULLIVAN J |
23. Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
| AUSTRALIAN CONSUMER LAW - appellant alleges misleading and deceptive conduct in relation to the sale of Bluewater Square Shopping Centre - where trial judge found that the respondents did not engage in misleading and deceptive conduct, appellant did |
| Date: 18 Sep 2024 Judge: BROMWICH, THAWLEY AND O'SULLIVAN JJ |
24. Snow v Secretary, Department of Social Security (Costs) [2024] FCA 1076
| COSTS -- where the applicant's application was dismissed -- where the respondent does not seek costs -- where the applicant seeks costs -- where applicant's proceeding is not public interest in nature -- where insufficient evidence that the |
| Date: 16 Sep 2024 Judge: O'SULLIVAN J |
25. Raiz v Director of Professional Services Review (No 2) [2024] FCAFC 110
| ADMINISTRATIVE LAW - consequential orders - form of relief - decision of primary judge set aside - writ of certiorari to issue quashing the report and draft report of the second respondent - no occasion for a writ of mandamus directed to the first |
| Date: 28 Aug 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
26. Spears v South Australian Wine Group Pty Ltd [2024] FCA 948
| PRACTICE AND PROCEDURE -- application for extension of time to file an application for leave to appeal from decision of the Federal Circuit and Family Court --- where applicant mistakes process within which to institute an appeal --- where |
| Date: 23 Aug 2024 Judge: O'SULLIVAN J |
| INDUSTRIAL LAW -- determination of appropriate pecuniary penalties pursuant to s 546 of the Fair Work Act 2009 (Cth) for contraventions of ss 340 and 500 of the Fair Work Act 2009 (Cth) -- where officers of the Union acted improperly by making |
| Date: 5 Jul 2024 Judge: O'SULLIVAN J |
28. Raiz v Director of Professional Services Review [2024] FCAFC 91
| ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 |
| Date: 5 Jul 2024 Judge: GOODMAN, O'SULLIVAN AND MCELWAINE JJ |
29. M.J.M Holdings (NT) Pty Ltd v Australian Marine Contractors [2024] FCA 691
| CORPORATIONS -- application by plaintiff for access to documents of the first defendant pursuant to s 247A of the Corporations Act 2001 (Cth) -- consideration of whether the plaintiff is acting in good faith and that the inspection is to be made for |
| Date: 27 Jun 2024 Judge: O'SULLIVAN J |
30. TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85
| PATENTS - patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS - infringement - construction of integers of the claims - whether primary judge erred in |
| Date: 21 Jun 2024 Judge: NICHOLAS, ROFE AND O'SULLIVAN JJ |
| PRACTICE AND PROCEDURE -- orders made for disclosure of documents evidencing the transfer of funds --orders not complied with -- reference to ss 37P(5) and (6) and rr 5.23, 41.03 and 41.04 -- order for compliance extended |
| Date: 18 Jun 2024 Judge: O'SULLIVAN J |
32. Snow v Secretary, Department of Social Security [2024] FCA 608
| ADMINISTRATIVE LAW - application for judicial review of a decision of the Administrative Appeals Tribunal to order payment of arrears from August 2017 -- whether the Tribunal failed to take into account relevant considerations -- whether the |
| Date: 7 Jun 2024 Judge: O'SULLIVAN J |
33. 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 |
| PRACTICE AND PROCEDURE - application by second interested party to represent third interested party - where second interested party is a non-lawyer and third interested party is a corporation - where no evidence of company's financial circumstances - |
| Date: 4 Jun 2024 Judge: O'SULLIVAN J |
35. Hillier v Martin (No 21) [2024] FCA 546
| COSTS - variation of costs order - where orders made that the fourth, fifth and sixth respondents pay the costs of and incidental to the applicant's interlocutory application - where fourth, fifth and sixth respondents seek a variation to costs |
| Date: 24 May 2024 Judge: O'SULLIVAN J |
36. Kabamba v Administrative Appeals Tribunal [2024] FCA 514
| MIGRATION -- citizenship application -- where the Administrative Appeals Tribunal affirmed decision of delegate to refuse the applicant citizenship under s 21(2)(h) of the Australian Citizenship Act 2007 (Cth) on the basis the applicant was not of |
| Date: 17 May 2024 Judge: O'SULLIVAN J |
37. Psevdos v Macko Corporation Pty Ltd as Trustee for the Macko Corporation Trust [2024] FCA 520
| BANKRUPTCY -- appeal from decision of the Federal Circuit and Family Court of Australia affirming sequestration order -- whether primary judge erred in law or fact in finding that the appellant has personal liability for debts incurred in the |
| Date: 17 May 2024 Judge: O'SULLIVAN J |
38. Tulett v Yourtown Pty Ltd [2024] FCA 513
| PRACTICE AND PROCEDURE -- application for extension of time to file an application for leave to appeal --- where applicant mistakes his belief that he had a right to appeal --- where extension of time to file application for leave to appeal does not |
| Date: 17 May 2024 Judge: O'SULLIVAN J |
39. Herath v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 547
| MIGRATION - Regional Employer Nomination (Permanent) visa - appeal from a decision of the Federal Circuit and Family Court of Australia - whether the primary judge erred in affirming the decision of the Administrative Appeals Tribunal that the |
| Date: 15 May 2024 Judge: O'SULLIVAN J |
40. Cleanfin Pty Ltd v Forest Carbon Methodology Pty Ltd [2024] FCA 489
| CORPORATIONS - application by plaintiff for leave to bring derivative proceedings on behalf of company under s 237 of Corporations Act 2001 (Cth) - whether company will bring proceedings - whether the company is acting in good faith - whether in the |
| Date: 10 May 2024 Judge: O'SULLIVAN J |
41. Selkirk v Wyatt [2024] FCAFC 48
| DEFAMATION -- appeal from orders of primary judge dismissing defamation proceeding -- where matter governed by, inter alia, s 10A of the Defamation Act 2005 (Vic) where the primary judge identified three separate questions -- where the primary judge |
| Date: 15 Apr 2024 Judge: BESANKO, ANDERSON AND O'SULLIVAN JJ |
42. LK Law Pty Ltd v Karas (Notice to Produce) [2024] FCA 306
| PRACTICE AND PROCEDURE -- application for the order that the fourth respondent be excused from complying with a Notice to Produce -- whether the Notice to Produce is oppressive -- whether the documents sought are relevant -- whether the fourth |
| Date: 18 Mar 2024 Judge: O'SULLIVAN J |
| MIGRATION -- appeal from decision of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Immigration Assessment Authority not to grant protection visa -- whether the primary |
| Date: 15 Mar 2024 Judge: O'SULLIVAN J |
44. Comcare v Simeoni [2024] FCAFC 31
| WORKERS' COMPENSATION - appeal against decisions of Administrative Appeals Tribunal - whether Tribunal failed to consider evidence of expert witness - whether inference available that expert evidence was considered immaterial or of no weight - |
| Date: 15 Mar 2024 Judge: RANGIAH, HALLEY AND O'SULLIVAN JJ |
45. LK Law Pty Ltd v Karas (Cross-examination) [2024] FCA 265
| PRACTICE AND PROCEDURE -- Whether counsel for the fourth respondent should be permitted to cross-examine the second applicant -- common law principles --consideration of ss 26, 27, 28, 190(4) and 192 of the Evidence Act 1995 (Cth) -- no unfettered |
| Date: 14 Mar 2024 Judge: O'SULLIVAN J |
46. Hillier v Martin (No 19) [2024] FCA 210
| EVIDENCE - Legal Professional Privilege - where fourth to sixth respondents claimed various documents to be subject to legal professional privilege on behalf of the first respondent - whether by reason of an iniquity the documents have either had |
| Date: 8 Mar 2024 Judge: O'SULLIVAN J |
47. LK Law Pty Ltd v Karas (Legal Professional Privilege) [2024] FCA 315
| PRACTICE AND PROCEDURE -- application for leave to issue a subpoena by the first to third respondents -- documents sought concern instructions given by the second applicant to his former solicitors -- legal professional privilege -- waiver -- |
| Date: 6 Mar 2024 Judge: O'SULLIVAN J |
48. LK Law Pty Ltd v Karas (Costs) [2024] FCA 124
| COSTS - application for costs of interlocutory application - where the applicant had prepared written submissions - where interlocutory application was not opposed - where the respondents seek costs in the cause - whether the respondents should bear |
| Date: 23 Feb 2024 Judge: O'SULLIVAN J |
| COSTS - where defendant ordered to pay the plaintiff a judgment sum in Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 - where parties unable to agree on interest or costs of |
| Date: 23 Feb 2024 Judge: O'SULLIVAN J |
50. Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17
| TRUSTS AND TRUSTEES - trustee removed by deed - nature and characteristics of former trustee's right of indemnity following removal - principles CONVEYANCING - fraudulent conveyance - whether deed of removal of trustee voidable under s 86 of the Law |
| Date: 23 Feb 2024 Judge: BANKS-SMITH, O'SULLIVAN AND FEUTRILL JJ |
51. Australian Securities and Investments Commission v Brite Advisors Pty Ltd [2024] FCA 69
| CORPORATIONS - application by the Australian Securities and Investments Commission (ASIC) to wind up the defendant on just and equitable grounds pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) - application by ASIC to appoint liquidators - |
| Date: 6 Feb 2024 Judge: O'SULLIVAN J |
52. BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Federal Circuit Court of Australia - where the appellant applied to the Federal Circuit Court |
| Date: 29 Jan 2024 Judge: MURPHY, O'SULLIVAN AND MCELWAINE JJ |
| CORPORATIONS LAW - where now insolvent plaintiff company executed a mortgage over land in favour of the defendant to secure borrowings from the defendant by two other companies - where all three companies share two common directors - where each of |
| Date: 12 Jan 2024 Judge: O'SULLIVAN J |
54. Wilson v State of Victoria [2023] FCAFC 204
| PRACTICE AND PROCEDURE -- application for leave to appeal from summary judgment - application for extension of time within which to seek leave to appeal - where before the primary judge the applicants alleged invalidity of measures relating to the |
| Date: 22 Dec 2023 Judge: LOGAN, PERRY AND O'SULLIVAN JJ |
| MIGRATION - application for extension of time for judicial review of a decision of the Administrative Appeals Tribunal's decision pursuant to s 476A of the Migration Act 1958 (Cth) - applicant's application for a protection visa refused pursuant to |
| Date: 15 Dec 2023 Judge: O'SULLIVAN J |
56. 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 |
| MIGRATION - application for extension of time to appeal from decision of the Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke mandatory visa cancellation under s 501(3A) - where applicant's visa revoked pursuant to s |
| Date: 8 Dec 2023 Judge: O'SULLIVAN J |
58. Harding v Secretary, Department of Employment and Workplace Relations [2023] FCA 1512
| SOCIAL SECURITY - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - appeal from second review decision of the Administrative Appeals Tribunal - whether authorised review officer's decision valid - whether s 147 of the |
| Date: 1 Dec 2023 Judge: O'SULLIVAN J |
59. LK Law Pty Ltd v Karas (No 3) [2023] FCA 1464
| PRACTICE AND PROCEDURE - application by the respondents for leave to withdraw a plea - r 26.11(2) of the Federal Court Rules 2011 (Cth) - whether the plea benefits the applicants - whether the plea was made in error - to what extent are the |
| Date: 24 Nov 2023 Judge: O'SULLIVAN J |
60. Oknalux Pty Ltd v Wilczynski (No 2) [2023] FCA 1444
| COSTS - where applicants sought to file a notice of discontinuance - where respondents refused to provide consent - where respondents seek their costs of the action be paid by the applicants - where self-represented respondents have no entitlement |
| Date: 14 Nov 2023 Judge: O'SULLIVAN J |
61. Hillier v Martin (No 20) [2023] FCA 1686
| PRACTICE AND PROCEDURE - Request in affidavit filed by first respondent on 18 October 2023 to vacate hearing date - contention in the affidavit that judge should recuse himself - no appearance at the hearing by the first respondent - whether fair |
| Date: 18 Oct 2023 Judge: O'SULLIVAN J |
62. Miller as executor of the estate of Detlef John Kirsten v Kirsten (No 2) [2023] FCA 1034
| COSTS - dispute over ownership and registration of shares in the fifth defendant - declarations sought - where the dispute resolved shortly before trial - where the only remaining issue was an application by the plaintiff for costs - whether the |
| Date: 29 Aug 2023 Judge: O'SULLIVAN J |
63. John Holland Pty Ltd v Bartlett [2023] FCA 1030
| WORKERS COMPENSATION - appeal from a decision of the Administrative Appeals Tribunal - where the Tribunal determined that the respondent was entitled to payment of compensation calculated under s 19 of the Safety, Rehabilitation and Compensation Act |
| Date: 29 Aug 2023 Judge: O'SULLIVAN J |
64. Lovell v K & S Freighters Pty Ltd [2023] FCA 968
| WORKERS COMPENSATION - application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed a decision of Comcare to deny liability to pay compensation to the applicant under ss 14, 16 and 19 of the |
| Date: 18 Aug 2023 Judge: O'SULLIVAN J |
65. Cooper v Selection Steel Trading Pty Ltd [2023] FCA 979
| BANKRUPTCY AND INSOLVENCY - application for annulment of a sequestration order under s 153B of the Bankruptcy Act 1966 (Cth) - whether the Court is satisfied that the sequestration order ought not to have been made - where the applicant was indebted |
| Date: 18 Aug 2023 Judge: O'SULLIVAN J |
66. EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130
| MIGRATION - s 501(3) of the Migration Act 1958 (Cth) - where the Minister determined to exercise his discretion to cancel the appellant's visa - where the primary judge dismissed the application for judicial review of the Minister's decision - |
| Date: 15 Aug 2023 Judge: ABRAHAM, O'SULLIVAN AND RAPER JJ |
67. Scott v Judicial Registrar Ditton [2023] FCA 947
| ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing - whether the original application and accompanying documents are an abuse of process, |
| Date: 11 Aug 2023 Judge: O'SULLIVAN J |
68. Forest Carbon Methodology Pty Ltd v Schultz [2023] FCA 943
| SECURITY FOR COSTS - application by the defendants for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) and/or s 56 of the Federal Court of Australia Act 1976 (Cth) (FCA) - whether defendants met the threshold in s 1335 of |
| Date: 11 Aug 2023 Judge: O'SULLIVAN J |
69. Holland v BT Securities Limited (No 3) [2023] FCA 961
| PRACTICE AND PROCEDURE - application for indemnity costs - where defendant made offer pursuant to r 25 of the Federal Court Rules 2011 (Cth) - where defendant also made Calderbank offer - whether rejection of the offer was imprudent or unreasonable - |
| Date: 7 Aug 2023 Judge: O'SULLIVAN J |
| MIGRATION - reg 5.19 of the Migration Regulations 1994 (Cth) - appeal from a single judge of the former Federal Circuit Court of Australia - primary judge dismissed an application for judicial review of a decision of the Administrative Appeals |
| Date: 7 Aug 2023 Judge: CHARLESWORTH, O'SULLIVAN and RAPER JJ |
71. Hillier v Martin (No 18) [2023] FCA 894
| PRACTICE AND PROCEDURE - interlocutory application by fourth to sixth respondents seeking dismissal of proceedings, stay of proceedings, or strike out of fourth amended statement of claim and third amended originating application - application |
| Date: 2 Aug 2023 Judge: O'SULLIVAN J |
72. Towle v Registrar Hird [2023] FCA 958
| ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing - whether the original application and accompanying documents are an abuse of process, |
| Date: 1 Aug 2023 Judge: O'SULLIVAN J |
73. Holland v BT Securities Limited (No 2) [2023] FCA 822
| CORPORATIONS LAW - margin lending facility opened in 1997 - application for damages - eight causes of action spanning 25 years - claim alleging a failure to provide a product disclosure statement contrary to the Corporations Act 2001 (Cth) - whether |
| Date: 20 Jul 2023 Judge: O'SULLIVAN J |
74. United Workers Union v Compass Group Healthcare Hospitality Services Pty Ltd [2023] FCAFC 92
| INDUSTRIAL LAW - entitlement to redundancy pay under s 119(1)(a) of Fair Work Act 2009 (Cth) - where employer provided employees to work at employer's clients' sites under contracts to provide labour services to client for renewable term - where |
| Date: 16 Jun 2023 Judge: RARES, O'SULLIVAN AND FEUTRILL JJ |
| MIGRATION - application for judicial review of the Administrative Appeals Tribunal's decision pursuant to s 476A of the Migration Act 1958 (Cth) - applicant's visa revoked pursuant to s 501(3A) of the Act on the basis of a failure to pass the |
| Date: 24 May 2023 Judge: O'SULLIVAN J |
76. AKW22 v Commonwealth of Australia [2023] FCAFC 71
| MIGRATION - habeas corpus - onus of proof - whether applicant has initial evidentiary burden of showing his or her detention unlawful at time of applying for issue of writ or hearing - extent of applicant's initial evidentiary burden - whether |
| Date: 17 May 2023 Judge: RARES, O'SULLIVAN AND FEUTRILL JJ |
77. Sil v Commonwealth of Australia [2023] FCAFC 73
| MIGRATION - application for extension of time to appeal - judicial review and negligence - where Department made false representation to visa holder as to how long visa that expired on stated date would remain in force beyond expiry date after visa |
| Date: 11 May 2023 Judge: RARES, O'SULLIVAN and FEUTRILL JJ |
| PRACTICE AND PROCEDURE - application pursuant to rr 17.01(3) and 16.53 of the Federal Court Rules 2011 (Cth) for leave to file a third further amended statement of claim and amended originating application - where application to amend is advanced |
| Date: 8 May 2023 Judge: O'SULLIVAN J |
79. Keane v Woolworths Group Ltd [2023] FCA 379
| EMPLOYMENT LAW - appeal from decision of Commissioner of the Fair Work Commission - where Commissioner of the Fair Work Commission found that parties reached binding settlement - whether Commissioner demonstrated actual or apprehended bias - whether |
| Date: 2 May 2023 Judge: O'SULLIVAN J |
80. Parkin v Alliance Airlines Pty Limited [2023] FCA 386
| PRACTICE AND PROCEDURE -application for leave to file an amended statement of claim and amended originating application - where pleading does not disclose a reasonable cause of action - leave refused - applicant to be given further opportunity to |
| Date: 2 May 2023 Judge: O'SULLIVAN J |
81. Sellers, in the matter of Sellers [2023] FCA 370
| BANKRUPTCY AND INSOLVENCY - application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a Registered Trustee from the Office of Trustee of 73 Bankrupt Estates - where the Trustee is both sole and Joint Trustee of various |
| Date: 21 Apr 2023 Judge: O'SULLIVAN J |
82. Conroy's Smallgoods v Australasian Meat Industry Employees Union [2023] FCAFC 59
| INDUSTRIAL LAW - s 113 of the Fair Work Act 2009 (Cth) - meaning of "applicable award-derived long service leave terms" - appeal allowed |
| Date: 19 Apr 2023 Judge: BROMBERG, O'SULLIVAN AND RAPER JJ |
83. Diener v Volkswagen Financial Services Australia Pty Ltd [2023] FCA 371
| APPEAL - where appellant did not appear at hearing of the appeal - where respondent had filed a notice of competency - where evidence of service of originating process was before primary judge - where no error demonstrated by primary judge - appeal |
| Date: 14 Apr 2023 Judge: O'SULLIVAN J |
| MIGRATION - application for judicial review of Administrative Appeals Tribunal's decision pursuant to s 476A of the Migration Act 1958 (Cth) - applicant's visa revoked pursuant to s 501(3A) of the Act on the basis he had a "substantial criminal |
| Date: 28 Mar 2023 Judge: O'SULLIVAN J |
85. ECE21 v Minister for Home Affairs [2023] FCAFC 52
| MIGRATION - application for extension of time - appeal - judicial review - refusal to revoke mandatory cancellation of applicant's visa - likelihood of indefinite detention as a factor to be considered - whether factor clearly arose on the materials |
| Date: 28 Mar 2023 Judge: MORTIMER, COLVIN AND O'SULLIVAN JJ |
86. Sunlite Australia Pty Ltd v Commissioner of Taxation [2023] FCAFC 43
| TAXATION - appeal against decision of the Australian Administrative Appeals Tribunal - where Commissioner conducted an audit and issued amended assessments - where Commissioner disallowed objection - where Tribunal upheld Commissioner's decision |
| Date: 21 Mar 2023 Judge: COLVIN, O'SULLIVAN AND FEUTRILL JJ |
87. Lu v University of New South Wales (No 2) [2023] FCA 318
| PRACTICE AND PROCEDURE - non-compliance with Court's orders - where appellant failed to serve respondent with notice of appeal despite being given multiple opportunities to do so - dismissal under s 25(2B)(bb)(i) and ss 37P(5) and (6)(a) of the |
| Date: 15 Mar 2023 Judge: O'SULLIVAN J |
| MIGRATION - applications for protection visas - appeals from Federal Circuit Court of Australia - where Administrative Appeals Tribunal found no substantial grounds for believing that appellants at real risk of significant harm on return to Iran - |
| Date: 15 Mar 2023 Judge: BANKS-SMITH, JACKSON AND O'SULLIVAN JJ |
89. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 180
| MIGRATION - application for judicial review of the Administrative Appeals Tribunal's (Tribunal) decision pursuant to s 476A of the Migration Act 1958 (Cth) (Act) - where the delegate refused the applicant's application for a Partner (Residence) |
| Date: 8 Mar 2023 Judge: O'SULLIVAN J |
90. Ferdinands v Allaway, National Duty Registrar (No 2) [2023] FCA 12
| ADMINISTRATIVE LAW - application for judicial review of Registrar's decision to refuse to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) - whether the applicant has standing to seek a review of the decision |
| Date: 20 Jan 2023 Judge: O'SULLIVAN J |
91. Delpachitra v University of Technology Sydney [2023] FCA 18
| PRACTICE AND PROCEDURE -- Interlocutory application by applicant under r 16.53 of Federal Court Rules 2011 (Cth) (Rules) for leave to file a second further amended statement of claim (SFASOC) -- where applicant brings claims under Racial |
| Date: 20 Jan 2023 Judge: O'SULLIVAN J |
92. Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199
| MIGRATION - non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - whether primary judge erred in finding that Minister did not consider representations personally - no error by primary judge - appeal dismissed |
| Date: 13 Dec 2022 Judge: MORTIMER, BANKS-SMITH AND O'SULLIVAN JJ |
93. Duncan (Trustee) v Shrestha, in the matter of Shrestha [2022] FCA 1601
| BANKRUPTCY - application for recognition of a foreign proceeding as a foreign main proceeding or foreign non-main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations |
| Date: 7 Dec 2022 Judge: O'SULLIVAN J |
94. Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183
| MIGRATION - appeal from decision of primary judge to refuse application for review of decision of the Administrative Appeals Tribunal - where application to the Tribunal was not made in compliance with s 29(1) of the Administrative Appeals Tribunal |
| Date: 15 Nov 2022 Judge: THAWLEY, HALLEY AND O'SULLIVAN JJ |
| PRACTICE AND PROCEDURE - respondents' application for summary dismissal of claims of the second applicant based on an agreement between the second applicant and second respondent allegedly releasing the second and first respondent from any claims by |
| Date: 15 Nov 2022 Judge: O'SULLIVAN J |
96. Harvard Nominees Pty Ltd v Nicoletti [2022] FCAFC 179
| CONSUMER LAW - where on remitter primary judge found that first and second respondents were liable to pay damages arising from loss under the Australian Consumer Law - where primary judge held that the remitter did not disturb first instance |
| Date: 8 Nov 2022 Judge: BANKS-SMITH, COLVIN AND O'SULLIVAN JJ |
97. Ferdinands v Allaway, National Duty Registrar (No 1) [2022] FCA 1599
| PRACTICE AND PROCEDURE - application for judicial review against a Registrar's decision to accept documents for filing - interlocutory application seeking leave to file subpoenas to non-parties after reservation of judgment on the judicial review - |
| Date: 2 Nov 2022 Judge: O'SULLIVAN J |
| CORPORATIONS LAW - trusts & |
| Date: 2 Nov 2022 Judge: O'SULLIVAN J |
99. Gupta v Menulog Pty Ltd [2022] FCA 1247
| PRACTICE AND PROCEDURE - applicants' application for a suppression order and for the first applicant to be excused from attending future hearings in person - where no grounds exist to make a suppression order - where grounds not sufficient to excuse |
| Date: 27 Oct 2022 Judge: O'SULLIVAN J |
100. Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2022] FCA 1309
| SECURITY FOR COSTS - application by the respondents to vary the quantum of the security for costs ordered by Besanko J on 15 June 2021 - whether a material change in the circumstances since the original application was heard or new evidence emerged |
| Date: 25 Oct 2022 Judge: O'SULLIVAN J |
