Browse Federal Court JudgmentsBy Judge - Owens J |
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1. Albarran, in the matter of Chala Metals Limited [2025] FCA 984
| CORPORATIONS – application by administrators for further extension of time within which to convene the second meeting of creditors – where extension sought to enable sale of assets – Daisytek order also sought – observations made concerning |
| Date: 20 Aug 2025 Judge: OWENS J |
2. Clifford Constructions Pty Limited (in liquidation) v Lucca Rd Pty Ltd [2025] FCA 897
| CORPORATIONS – application pursuant to s 477(2B) of the Corporations Act for approval of settlement agreements – retrospective approval sought – approval granted |
| Date: 5 Aug 2025 Judge: OWENS J |
3. DYA16 v Minister for Immigration and Citizenship [2025] FCA 864
| MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Immigration Assessment Authority – Minister accepted that, contrary to the conclusion of the Court below, the Authority failed to |
| Date: 30 Jul 2025 Judge: OWENS J |
4. Blundell, in the matter of Dyldam Developments Pty Ltd [2025] FCA 766
| CORPORATIONS – order sought by deed administrators under s 90-15 of the Insolvency Practice Schedule (Corporations) that they would be justified and would be acting reasonably in entering into settlement of litigation – critical issue in |
| Date: 10 Jul 2025 Judge: OWENS J |
5. Blundell, in the matter of Reacon Australia Pty Ltd (in liquidation) [2025] FCA 758
| CORPORATIONS – application to terminate winding up of company – where winding up previously stayed to enable creditors to vote on amended Deed of Company Arrangement – creditors approved entry into Deed – term of Deed that winding up be |
| Date: 9 Jul 2025 Judge: OWENS J |
6. Cussen, in the matter of Lindak Investment Holdings Pty Ltd [2025] FCA 675
| CORPORATIONS – applications to wind up multiple companies on the just and equitable ground – all companies involved in the conduct of managed investment schemes or in dealings with them – requirement that a plaintiff have standing in order to |
| Date: 23 Jun 2025 Judge: OWENS J |
7. Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 78
| MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 – Tribunal required to determine two key issues – primary judge found the appellant was denied |
| Date: 11 Jun 2025 Judge: COLVIN, ANDERSON AND OWENS JJ |
8. Burt v University of Sydney (No 2) [2025] FCA 596
| COSTS – application for costs under s 570 of the Fair Work Act 2009 (Cth) – respondent alleged applications instituted without reasonable cause – respondent also alleged the maintenance of the applications after offer of compromise an |
| Date: 5 Jun 2025 Judge: OWENS J |
| COSTS – indemnity costs – Commonwealth successful in obtaining summary judgment - whether applicant’s rejection of offer of compromise unreasonable – relevance of fact that applicant unrepresented – no order for indemnity costs made COSTS |
| Date: 3 Jun 2025 Judge: OWENS J |
10. Entama Enterprise Pty Ltd v Consystex Pty Ltd, in the matter of Consystex Pty Ltd [2025] FCA 468
| CORPORATIONS – competing interlocutory applications – breakdown in relationship between equal shareholders in successful trading company – plaintiffs seek interlocutory injunctions giving both sides control over the company bank account and |
| Date: 12 May 2025 Judge: OWENS J |
| PRACTICE AND PROCEDURE – representative proceeding – group member settlement scheme previously approved by Court – interlocutory application by administrator of settlement scheme – application seeking increase in amount of costs permitted to |
| Date: 9 May 2025 Judge: OWENS J |
12. Chohan v Commonwealth of Australia as represented by Department of Home Affairs [2025] FCA 437
| PRACTICE AND PROCEDURE — application by respondent for summary judgment pursuant to s 31A(2) of Federal Court of Australia Act 1976 (Cth) and r 26.01 of Federal Court Rules 2011 (Cth) – whether applicant has reasonable prospects of successfully |
| Date: 6 May 2025 Judge: OWENS J |
13. Burt v University of Sydney [2025] FCA 393
| PRACTICE AND PROCEDURE – application for extension of time and leave to appeal interlocutory judgment dismissing application to strike out a strike out application – whether decision attended by sufficient doubt to warrant its reconsideration |
| Date: 16 Apr 2025 Judge: OWENS J |
| CORPORATIONS – orders sought by liquidators under s 90-15 of the Insolvency Practice Schedule (Corporations) that liquidators are justified and would be acting reasonably in giving effect to settlement deed – where settlement deed was |
| Date: 11 Apr 2025 Judge: OWENS J |
15. Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
| COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – |
| Date: 10 Apr 2025 Judge: CHEESEMAN, JACKMAN AND OWENS JJ |
16. Livingstone, in the matter of Vertical 4 Pty Ltd (Administrators Appointed) [2025] FCA 382
| CORPORATIONS – application by administrators under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors – application for ancillary orders under s 447A of the Act – where extension |
| Date: 9 Apr 2025 Judge: OWENS J |
17. LGC24 v Minister for Immigration and Multicultural Affairs [2025] FCA 253
| MIGRATION – application for mandamus – whether decision to grant or refuse a protection visa has been unreasonably delayed – where proceedings commenced nine days after the applicant provided her response to Notice of Intention to Consider |
| Date: 26 Mar 2025 Judge: OWENS J |
18. CRRN v Minister for Immigration and Multicultural Affairs [2025] FCA 192
| MIGRATION – mandatory cancellation of visa – revocation of visa cancellation by Administrative Appeals Tribunal – Minister set aside Tribunal’s decision and re-cancelled visa – applicant owed protection obligations and cannot be returned |
| Date: 14 Mar 2025 Judge: OWENS J |
19. Brereton, in the matter of ICT Century Pty Ltd (In Liquidation) [2025] FCA 107
| CORPORATIONS - application by liquidators under s 588FF(3)(b) of the Corporations Act 2001 (Cth) for extension of time for making any application under s 588FF(1) - liquidators seeking a "shelf order" in respect of yet-to-be-identified claims - |
| Date: 21 Feb 2025 Judge: OWENS J |
