Browse Federal Court JudgmentsBy Judge - Owens J |
Results
(Owens
J)
: 58
| Fully matching documents |
1. Nathan v Burness (Trustee), in the matter of Nathan [2026] FCA 672
| PRACTICE AND PROCEDURE – application for security for costs – where applicant was made bankrupt more than 17 years ago – where applicant had previously applied unsuccessfully to annul his bankruptcy – where applicant now makes a second such |
| Date: 29 May 2026 Judge: OWENS J |
2. Crowley v Worley Limited [2026] FCAFC 78
| HIGH COURT AND FEDERAL COURT – appeal and cross-appeal – notice of contention – where Worley Limited (WOR) made announcements as to earning expectations – whether the remitter judge failed properly to determine the scope of remitter and |
| Date: 28 May 2026 Judge: MARKOVIC, HALLEY AND OWENS JJ |
3. Comino v Watson Webb Pty Ltd [2026] FCAFC 66
| INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding |
| Date: 21 May 2026 Judge: MOSHINSKY, DOWNES AND OWENS JJ |
4. Frigger v Trenfield [2026] FCAFC 67
| BANKRUPTCY AND INSOLVENCY – appeal of decision not to set aside sequestration orders on the basis of fraud – appeal of decision not to annul bankruptcies – where alleged substantive or procedural irregularities in bankruptcy notice – alleged |
| Date: 19 May 2026 Judge: SNADEN, NESKOVCIN and Owens JJ |
5. Amaero Ltd, in the matter of Amaero Ltd [2026] FCA 596
| CORPORATIONS – scheme of arrangement – first court hearing – orders sought under section 411 of the Corporations Act 2001 (Cth) – share scheme meeting, option scheme meeting and extraordinary general meeting proposed – “re-domiciliation |
| Date: 7 May 2026 Judge: OWENS J |
6. Antoun v Lucan (Trustee), in the matter of Antoun [2026] FCA 550
| BANKRUPTCY AND INSOLVENCY – application for annulment of bankruptcy on the ground that debtor’s petition ought not to have been presented – where applicant contended that debtor’s petition was presented on the mistaken and incorrect belief |
| Date: 6 May 2026 Judge: OWENS J |
7. Mohammed v Minister for Immigration and Citizenship [2026] FCA 501
| MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Div 2) – judicial review of decision of Administrative Appeals Tribunal – appellant’s application for a Skilled (Provisional) (Class VC) Subclass 485 (Temporary |
| Date: 24 Apr 2026 Judge: OWENS J |
8. Sadek v Minister for Immigration and Citizenship [2026] FCA 503
| MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Div 2) – judicial review of decision of Administrative Appeals Tribunal – appellants’ application for Temporary Business Entry (Class UC) (Subclass 457) visa refused |
| Date: 24 Apr 2026 Judge: OWENS J |
9. Song v Minister for Immigration and Citizenship [2026] FCA 504
| MIGRATION – application for extension of time to appeal from the Federal Circuit and Family Court of Australia (Div 2) – where applicants’ application for Student (Temporary) (Class TU) Vocational Education and Training Sector (Subclass 572) |
| Date: 24 Apr 2026 Judge: OWENS J |
10. ZKDP v Minister for Immigration and Citizenship [2026] FCA 502
| MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended that Tribunal did not comply with Ministerial Direction No. 110 |
| Date: 24 Apr 2026 Judge: OWENS J |
11. Australian LinkedIn Pty Ltd v Registrar of Trade Marks [2026] FCA 469
| PRACTICE AND PROCEDURE – application to dispense with the requirement in rule 4.01(2) of the Federal Court Rules 2011 (Cth) that a corporation must not proceed in the Court other than by a lawyer – application by director and shareholder to |
| Date: 21 Apr 2026 Judge: OWENS J |
12. Feng v Minister for Immigration and Citizenship [2026] FCA 459
| MIGRATION – appeal from a judgment of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application to review a decision of the Administrative Appeals Tribunal – whether public interest criterion 4020 was satisfied – |
| Date: 21 Apr 2026 Judge: OWENS J |
13. WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 7) [2026] FCA 423
| PRIVILEGE – legal professional privilege – advice privilege – where parties sought to establish a venture capital fund investment – where lawyers consulted in relation to the establishment and operation of the fund – where dispute as to |
| Date: 13 Apr 2026 Judge: OWENS J |
14. Aljazeera International (Malaysia) SDN BHD v Hun [2026] FCAFC 22
| DEFAMATION – application for leave to appeal interlocutory orders striking out justification defence – application for leave to appeal consequential order dismissing subpoena – leave to appeal granted – respondent pleaded defamatory |
| Date: 18 Mar 2026 Judge: BROMWICH, WHEELAHAN AND OWENS JJ |
| COSTS – plaintiffs’ application for costs thrown away by reason of amendments to defences – plaintiffs’ further application for costs of a separate question that was avoided by reason of those amendments – where amendment of defences, and |
| Date: 17 Mar 2026 Judge: OWENS J |
16. Mady v Minister for Immigration and Citizenship [2026] FCA 270
| MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of Administrative Appeals Tribunal – appellant’s application for Student (Class TU) (Subclass 500) visa refused on the ground that he was not |
| Date: 16 Mar 2026 Judge: OWENS J |
17. Szyssko v Gucci Australia Pty Limited [2026] FCA 109
| PRACTICE AND PROCEDURE – application for removal of documents from the Court file – alternatively, application for non-publication order – orders sought in connection with the parties’ conditional settlement of their dispute – scope of |
| Date: 17 Feb 2026 Judge: OWENS J |
18. Dass v Minister for Immigration and Citizenship [2026] FCA 40
| MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended Tribunal’s reasons were internally inconsistent and therefore |
| Date: 2 Feb 2026 Judge: OWENS J |
19. Spyrou v Thorn, in the matter of IAZ Logistics Pty Ltd [2025] FCA 1685
| CORPORATIONS – winding up – application by shareholder and director under s 482(1) of the Corporations Act 2001 (Cth) to terminate the winding up of the company – circumstances of notification of creditors unsatisfactory – liquidator unable |
| Date: 24 Dec 2025 Judge: OWENS J |
20. Singh v Singh [2025] FCA 1531
| DEFAMATION – separate determination of the serious harm element – where an anonymous email making serious allegations against the applicant had been sent – where those allegations had generated significant controversy – where respondents |
| Date: 9 Dec 2025 Judge: OWENS J |
21. Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161
| PATENTS – validity – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – whether primary judge erred in finding claims were invalid for failing to define the invention and lacking |
| Date: 1 Dec 2025 Judge: BURLEY, ROFE AND OWENS JJ |
| PRACTICE AND PROCEDURE – Appeals – whether appeal lacked utility – common ground that transaction undertaken pursuant to leave granted by the primary judge under s 442C of the Corporations Act 2001 (Cth) could not be unwound – whether |
| Date: 26 Nov 2025 Judge: JACKSON, VANDONGEN AND OWENS JJ |
23. Commissioner of Taxation v Runcity Pty Ltd [2025] FCAFC 152
| CORPORATIONS – applications to discharge order made upon the reinstatement of the registration of several companies pursuant to s 601AH(3)(d) of the Corporations Act 2001 (Cth) (Corporations Act) – where order provided that the period between |
| Date: 30 Oct 2025 Judge: O’BRYAN, Button and Owens JJ |
24. Tonks (Liquidator), in the matter of Vaucluse 29 Pty Ltd (in liq) [2025] FCA 1306
| CORPORATIONS – application by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into retainer with solicitors and funding agreement with litigation funder – approval sought nunc pro tunc – considerations |
| Date: 24 Oct 2025 Judge: OWENS J |
25. Palmer v Australian Securities and Investments Commission [2025] FCAFC 151
| CORPORATIONS — fragmentation of criminal proceedings — prosecution for an alleged contravention of s 631 of the Corporations Act 2001 (Cth) — examination under s 19 of the Australian Securities and Investments Commission Act 2001 (Cth) — |
| Date: 24 Oct 2025 Judge: BEACH, BANKS-SMITH and OWENS JJ |
| CORPORATIONS – scheme of arrangement – second court hearing – where orders sought under ss 411(4)(b) and 411(12) of the Corporations Act 2001 (Cth) for approval of scheme of arrangement and exemption from compliance with s 411(11) of the Act |
| Date: 21 Oct 2025 Judge: OWENS J |
| CORPORATIONS – application for leave pursuant to s 198G(3)(b) of the Corporations Act 2011 (Cth) to cause company to seek review of Registrar’s decision to wind up company – company wound up on failure to comply with a statutory demand – |
| Date: 21 Oct 2025 Judge: OWENS J |
28. Preston, in the matter of Grays.Com Pty Ltd (Administrators appointed) [2025] FCA 1269
| CORPORATIONS – application by administrators pursuant to s 447A(1) of the Corporations Act 2001 (Cth) – where orders sought modifying the operation of s 443A of the Corporations Act to limit the administrators’ personal liability in respect of |
| Date: 17 Oct 2025 Judge: OWENS J |
| CORPORATIONS – application by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into conditional costs agreement with solicitors – application for confidentiality order pursuant to s 37AF of the Federal Court |
| Date: 15 Oct 2025 Judge: OWENS J |
30. Kim v Wang [2025] FCA 1244
| PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(d) of the Federal Court Rules 2011 (Cth) – representative proceedings – individual claims of some group members – all elements of causes of action established by |
| Date: 15 Oct 2025 Judge: OWENS J |
31. JFPT v Minister for Immigration and Multicultural Affairs [2025] FCA 1245
| MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended that Tribunal did not comply with Ministerial Direction No. 110 |
| Date: 15 Oct 2025 Judge: OWENS J |
32. NSX Limited, in the matter of NSX Limited (No 2) [2025] FCA 1247
| 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: 14 Oct 2025 Judge: OWENS J |
33. Fisher v Isuzu Motors Ltd (No 2) [2025] FCA 1168
| REPRESENTATIVE PROCEEDINGS – opt out notice – who should pay the costs incurred in connection with the opt out process – stage in the proceedings at which notice sent – reasons why opt out at relatively early stage is appropriate – general |
| Date: 19 Sep 2025 Judge: OWENS J |
34. LGC24 v Minister for Immigration and Multicultural Affairs (No 2) [2025] FCA 1143
| COSTS – leave to discontinue proceedings – costs of discontinued proceedings – discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) unless an order of the Court otherwise provides – each side contends |
| Date: 17 Sep 2025 Judge: OWENS J |
35. Deputy Commissioner of Taxation v PAD & Sons Pty Ltd [2025] FCA 1131
| CORPORATIONS - application for review of Registrar’s decision to wind up company – procedural irregularities with application – company wound up on failure to comply with a statutory demand – company raised objections to the decision |
| Date: 12 Sep 2025 Judge: OWENS J |
36. EUD24 v Minister for Immigration and Citizenship [2025] FCAFC 128
| MIGRATION – primary judge dismissed an application for judicial review of the respondent Minister’s decision under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the then Administrative Appeals Tribunal and cancel the |
| Date: 10 Sep 2025 Judge: CHEESEMAN, OWENS AND HILL JJ |
37. NSX Limited, in the matter of NSX Limited [2025] FCA 1133
| CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) – whether partly paid shareholders constitute a separate class – de minimis considerations – whether |
| Date: 9 Sep 2025 Judge: OWENS J |
38. Duxton Dairies (Cobram) Pty Ltd, in the matter of Duxton Dairies (Cobram) Pty Ltd [2025] FCA 1118
| CORPORATIONS – scheme of arrangement – first court hearing – application for orders under s 411 of the Corporations Act 2001 (Cth) – all-scrip consideration with ability to elect to receive 20% in cash – break fee in excess of 1% guideline |
| Date: 3 Sep 2025 Judge: OWENS J |
39. Ives v Minister for Immigration and Multicultural Affairs [2025] FCA 1033
| MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended that Tribunal did not comply with Ministerial Direction No. 110 |
| Date: 1 Sep 2025 Judge: OWENS J |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
49. 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 |
51. 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 |
52. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
