Browse Federal Court JudgmentsBy Judge - O'Sullivan J |
Results
(O'Sullivan
J)
: 177
| Fully matching documents |
| PRACTICE AND PROCEDURE — appeal with leave from decision of a single judge of the Federal Court of Australia dismissing an application to strike out certain paragraphs in the respondent’s statement of claim pursuant to r 16.21(1)(e) of the |
| Date: 27 May 2026 Judge: COLLIER, BROMBERG AND O'SULLIVAN JJ |
2. LK Law Pty Ltd v Karas (No 7) [2026] FCA 669
| PRACTICE AND PROCEDURE — Stay of enforcement of judgment — where orders were made staying enforcement of the judgment against the first and fourth respondents on the basis that the first respondent makes a cash payment of AUD$5 million and |
| Date: 18 May 2026 Judge: O'SULLIVAN J |
3. DIU19 v Minister for Immigration and Citizenship [2026] FCA 607
| MIGRATION — appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal not to grant protection visas to the appellants — where the |
| Date: 15 May 2026 Judge: O'SULLIVAN J |
4. Richards v Minister for Immigration and Citizenship [2026] FCA 602
| MIGRATION — application for judicial review of decision of the Administrative Review Tribunal affirming a decision of the delegate to cancel the applicant’s Special Category (subclass 444) visa pursuant to s 501(2) of the Migration Act 1958 (Cth) |
| Date: 15 May 2026 Judge: O'SULLIVAN J |
5. BDN18 v Minister for Immigration and Citizenship [2026] FCA 561
| MIGRATION — appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the delegate to refuse to grant the |
| Date: 7 May 2026 Judge: O'SULLIVAN J |
6. Trueline Kerbing SA Pty Ltd v Administrative Incentivised Management Systems Pty Ltd [2026] FCA 564
| PRACTICE AND PROCEDURE — application by second and third respondents to strike out parts of the amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) — where impugned allegations in amended statement of claim |
| Date: 7 May 2026 Judge: O'SULLIVAN J |
7. Towle v Registrar Young [2026] FCA 485
| ADMINISTRATIVE LAW — application for judicial review of decision made by Registrar, under r 2.26 of the Federal Court Rules 2011 (Cth), to refuse to accept for filing an application for judicial review of a decision made by Registrar to refuse to |
| Date: 23 Apr 2026 Judge: O'SULLIVAN J |
8. Bhullar v Minister for Immigration and Citizenship [2026] FCA 484
| MIGRATION — appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the delegate to refuse to grant the |
| Date: 23 Apr 2026 Judge: O'SULLIVAN J |
9. AOR24 v Minister for Immigration and Citizenship [2026] FCA 467
| MIGRATION — appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal not to grant the appellant a protection visa — where |
| Date: 21 Apr 2026 Judge: O'SULLIVAN J |
10. Kaur v Minister for Immigration and Citizenship [2026] FCA 457
| MIGRATION — appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing application for judicial review of decision of Administrative Review Tribunal not to grant student visa — where appellant had failed to |
| Date: 20 Apr 2026 Judge: O'SULLIVAN J |
11. Kumar v Minister for Immigration and Citizenship [2026] FCA 456
| MIGRATION — appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing application for judicial review of decision of Administrative Review Tribunal not to grant subclass 187 visas — where appellants had failed |
| Date: 20 Apr 2026 Judge: O'SULLIVAN J |
12. Minister for Immigration and Citizenship v LLR24 [2026] FCAFC 26
| MIGRATION – primary judge allowed an application for judicial review of a decision of the Administrative Review Tribunal (Tribunal) to set aside its decision to refuse to grant the First Respondent a protection visa – whether the primary judge |
| Date: 24 Mar 2026 Judge: O’SULLIVAN, MCELWAINE AND HILL JJ |
| CORPORATIONS — application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the first plaintiffs must convene the meeting of the creditors of certain respondent companies under s 439A(1) of the Corporations Act 2001 |
| Date: 17 Mar 2026 Judge: O’SULLIVAN J |
14. LK Law Pty Ltd v Karas (No 6) [2026] FCA 551
| PRACTICE AND PROCEDURE — RECUSAL — application by first and fourth respondents for a stay of enforcement of judgment — application by first respondent that judge recuse himself on the ground of apprehended bias — where first respondent the |
| Date: 17 Mar 2026 Judge: O'SULLIVAN J |
15. Chumber v Minister for Immigration and Citizenship [2026] FCA 257
| MIGRATION — appeal from decision of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal not to grant temporary business entry visa — where |
| Date: 13 Mar 2026 Judge: O'SULLIVAN J |
16. Majak v Barnden [2026] FCA 363
| PRACTICE AND PROCEDURE — where applicant is an undischarged bankrupt and has no standing to bring actions — where matters raised in the proceedings canvass the same or similar issues finally determined in separate proceedings before other Courts |
| Date: 12 Mar 2026 Judge: O'SULLIVAN J |
| DEFAMATION – whether imputations made out in a single email concerning accreditation requirements for membership of a professional association – imputations strained and unsupportable – primary judge correctly dismissed the proceeding. |
| Date: 6 Mar 2026 Judge: WHEELAHAN, O'SULLIVAN and MCELWAINE JJ |
18. LK Law Pty Ltd v Karas (No 5) [2026] FCA 129
| DECLARATIONS — where the Court has power to make declarations pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth) — where applicants and respondents put forward various iterations of the declarations they seek — where there is |
| Date: 20 Feb 2026 Judge: O'SULLIVAN J |
19. Frigger v Professional Services of Australia Pty Ltd [2026] FCAFC 9
| CORPORATIONS – appeal from decision to dismiss application to remove company from register under s 1322(4)(b) of the Corporations Act 2001 (Cth) – where company registered on 5 June 1998 under Pt 2.2 of the Corporations Law (WA) 1990 – |
| Date: 17 Feb 2026 Judge: SNADEN, O'SULLIVAN AND NESKOVCIN JJ |
20. Ligon 158 Pty Ltd (in liq) v Binetter [2026] FCA 55
| PRACTICE AND PROCEDURE — extension of time for service and substituted service — two interlocutory applications filed by the first and second respondents in identical terms — applications seeking four sets of ex parte orders be set aside |
| Date: 6 Feb 2026 Judge: O'SULLIVAN J |
21. Scott v Scott (No 2) [2026] FCA 103
| PRACTICE AND PROCEDURE – application by applicant pursuant to r 39.05 of the Federal Court Rules 2011 (Cth) to set aside order dismissing application for stay of orders of Supreme Court of South Australia – where appellant fails to attend |
| Date: 2 Feb 2026 Judge: O'SULLIVAN J |
22. Di Paolo v Secretary, Department of Social Services [2026] FCAFC 1
| ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing appeal on questions of law from a decision of former Administrative Appeals Tribunal – whether Tribunal wrongly restricted its consideration of what evidence could establish |
| Date: 20 Jan 2026 Judge: ANDERSON, O’SULLIVAN AND HILL JJ |
23. Collector of Customs v Pegasus Supply Solutions Pty Ltd [2025] FCAFC 185
| CUSTOMS AND EXCISE – where Collector of Customs requested holder of warehouse licence to account for goods subject to customs control – where Collector had carried out stocktake of goods stored at warehouse – where Collector made statutory |
| Date: 15 Dec 2025 Judge: BANKS-SMITH, O'SULLIVAN AND HORAN JJ |
24. Kilgour v Commissioner of Taxation [2025] FCAFC 183
| TAXATION – assessment of capital gains tax payable in respect of the disposal of shares – taxpayer’s eligibility for concessions depending upon the market value of the shares disposed of – shares disposed of comprising a minority interest in |
| Date: 12 Dec 2025 Judge: CHARLESWORTH, O'SULLIVAN AND HORAN JJ |
| CORPORATIONS — interlocutory application for an injunction restraining the second director from carrying out directors’ duties in the future amongst other relief — where it is alleged that the second director had transitioned the employment of |
| Date: 12 Dec 2025 Judge: O'SULLIVAN J |
26. Dalzell v Minister for Immigration and Citizenship [2025] FCA 1470
| MIGRATION — application for judicial review of a decision of the Administrative Appeals Tribunal pursuant to s 476A of the Migration Act 1958 (Cth) — where Tribunal considered the nature of the harm to individuals or the Australian community |
| Date: 26 Nov 2025 Judge: O'SULLIVAN J |
27. LK Law Pty Ltd v Karas (No 4) [2025] FCA 1461
| EQUITY — First applicant an incorporated legal practice established in Adelaide by two legal practitioners as directors and shareholders — where second applicant one of two directors of the Adelaide practice — where practice expanded to Hong |
| Date: 26 Nov 2025 Judge: O'SULLIVAN J |
| CORPORATIONS — application by the Receivers and Managers seeking orders that they would be acting properly and are justified in making an Interim Distribution — where application is opposed without a sum being retained on the basis that such an |
| Date: 13 Nov 2025 Judge: O'SULLIVAN J |
29. Puohotaua v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 141
| MIGRATION – consequences of failure by Tribunal to warn self-represented appellant about his right to invoke the privilege against self-incrimination when answering questions – where appellant could not have invoked privilege as there was no |
| Date: 17 Oct 2025 Judge: CHARLESWORTH, DOWNES AND O'SULLIVAN JJ |
30. Shanahan v Haughton [2025] FCA 1235
| PRACTICE AND PROCEDURE – application pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where respondent initiated multiple proceedings against the applicant and others – consent orders sought by parties – whether the |
| Date: 9 Oct 2025 Judge: O'SULLIVAN J |
| PRACTICE AND PROCEDURE – interlocutory application for a non-party to be heard as an interested party pursuant to r 2.13 of the Federal Court (Corporations) Rules 2000 – where the non-party opposes the application – where the non-party does |
| Date: 7 Oct 2025 Judge: O'SULLIVAN J |
32. Australian Competition and Consumer Commission v Optus Mobile Pty Limited [2025] FCA 1177
| CONSUMER LAW – unconscionable conduct in contravention of the Australian Consumer Law – misleading and deceptive conduct in the contravention of the Australian Consumer Law – where the respondent admitted to multiple contraventions of ss 18, |
| Date: 24 Sep 2025 Judge: O’SULLIVAN J |
| CORPORATIONS – company in receivership – creditors scheme of arrangement – Scheme Implementation Deed entered into between Senior Lenders and Receivers – where pre-conditions to scheme and acts giving rise to a right for the Senior Lenders |
| Date: 12 Sep 2025 Judge: O'SULLIVAN J |
34. Seniors and Disabilities Best Access Group v Commissioner of Main Roads [2025] FCA 1024
| PRACTICE AND PROCEDURE — application for leave to appeal from an interlocutory decision — where the primary judge discharged an interim injunction granted pursuant to s 46PP of the Australian Human Rights Commission Act 1986 (Cth) — where |
| Date: 26 Aug 2025 Judge: O'SULLIVAN J |
35. CPC19 v Minister for Immigration and Citizenship [2025] FCA 940
| MIGRATION — appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing applications for judicial review of a decision of the Administrative Appeals Tribunal — whether Tribunal failed to consider personal |
| Date: 11 Aug 2025 Judge: O'SULLIVAN J |
36. Chalissery v Minister for Immigration and Citizenship [2025] FCA 923
| MIGRATION — application for an extension of time to file a notice of appeal — short delay, no prejudice to the first respondent — where no draft notice of appeal accompanied the application — where applicant was without sponsored employment |
| Date: 8 Aug 2025 Judge: O'SULLIVAN J |
37. Harris v Moses, in the matter of Harris [2025] FCA 886
| BANKRUPTCY — application to set aside a bankruptcy notice or in the alternative to extend time for compliance with the bankruptcy notice pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth) — where applicant subject to judgment debt — where |
| Date: 1 Aug 2025 Judge: O'SULLIVAN J |
38. Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd (No 2) [2025] FCA 839
| COSTS — where respondent reserved the right to make further submissions on costs depending on the decision of its interlocutory application — where Court heard further argument on costs — whether orders previously made should be set aside — |
| Date: 15 Jul 2025 Judge: O'SULLIVAN J |
39. Clean Seas Seafood Limited, in the matter of Clean Seas Seafood Limited (No 3) [2025] FCA 843
| CORPORATIONS — Scheme of Arrangement — second court hearing — where orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) — whether Scheme is fair and reasonable such that an intelligent and honest shareholder, properly |
| Date: 15 Jul 2025 Judge: O'SULLIVAN J |
40. Eru v Minister for Immigration and Citizenship [2025] FCA 709
| MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal’s pursuant to s 476A of the Migration Act 1958 (Cth) — where no issue that the applicant did not pass the character test under s 501(6) — where |
| Date: 30 Jun 2025 Judge: O'SULLIVAN J |
41. Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd [2025] FCA 683
| PRACTICE AND PROCEDURE — where two interlocutory applications before the Court — one interlocutory application seeking order pursuant to s 32AC of the Federal Court of Australia Act 1976 (Cth) — one interlocutory application seeking orders |
| Date: 24 Jun 2025 Judge: O'SULLIVAN J |
| PRACTICE AND PROCEDURE — three interlocutory applications — the first seeking particulars and an order that the related parties’ solicitors cease to act — the second seeking previous costs order be set aside — the third seeking dis-joinder |
| Date: 20 Jun 2025 Judge: O'SULLIVAN J |
43. Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 82
| MIGRATION – application for judicial review of decision under s 501CA of the Migration Act 1958 (Cth) not to revoke cancellation of appellant’s visa – Ministerial Direction under s 499 of Migration Act 1958 (Cth) – whether Tribunal punished |
| Date: 20 Jun 2025 Judge: O'SULLIVAN, DOWLING AND YOUNAN JJ |
44. Clean Seas Seafood Limited, in the matter of Clean Seas Seafood Limited (No 2) [2025] FCA 729
| CORPORATIONS — Scheme of Arrangement — application for orders pursuant to s 1319 of the Corporations Act 2001 (Cth) to adjourn a scheme meeting and approve the dispatch of a supplementary scheme booklet — where bidder revised scheme |
| Date: 18 Jun 2025 Judge: O'SULLIVAN J |
45. Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 4) [2025] FCA 636
| COSTS — where related proceedings were commenced in the Supreme Court of South Australia before being cross-vested to this Court — where two matters heard and determined at the same time — where applicants succeeded in one matter but failed in |
| Date: 16 Jun 2025 Judge: O'SULLIVAN J |
46. Commissioner of Taxation v SEPL Pty Ltd as trustee of the SFT Trust [2025] FCA 581
| TAXATION — appeal from a decision of the Administrative Appeals Tribunal setting aside the Commissioner’s decision to disallow an objection to an amended Fringe Benefit Tax assessment — where the conditions constituting a motor vehicle fringe |
| Date: 5 Jun 2025 Judge: O'SULLIVAN J |
47. Lam v Minister for Immigration and Multicultural Affairs [2025] FCA 506
| MIGRATION — appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing applications for judicial review of a decision of the Administrative Appeals Tribunal — where the appellant had failed to satisfy cl |
| Date: 16 May 2025 Judge: O'SULLIVAN J |
48. Clean Seas Seafood Limited, in the matter of Clean Seas Seafood Limited [2025] FCA 502
| CORPORATIONS — Scheme of Arrangement — application under ss 411 and 1319 of the Corporations Act 2001 (Cth) — first court hearing — where proposed acquisition of member shares in target company in exchange for payment or entitlement to |
| Date: 12 May 2025 Judge: O'SULLIVAN J |
49. Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 3) [2025] FCA 457
| INTEREST — contractual and prejudgment interest on primary loss found in Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4 — where issue concerning the amount of principal to which contractual interest |
| Date: 7 May 2025 Judge: O'SULLIVAN J |
50. FZR24 v Commonwealth of Australia (No 1) [2025] FCA 450
| PRACTICE AND PROCEDURE — application for leave to join four additional parties to representative proceedings — unique procedural history — whether facts common to both additional parties and the claimants are sufficient for the purposes of ss |
| Date: 6 May 2025 Judge: O'SULLIVAN J |
51. Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53
| ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the |
| Date: 29 Apr 2025 Judge: BURLEY, SARAH C DERRINGTON AND O'SULLIVAN JJ |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
61. 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 |
62. Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4
| 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 duty to act in |
| 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 |
64. 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 |
66. 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 |
67. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
79. 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 |
80. 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 |
81. 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 |
83. 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 |
84. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
