Browse Federal Court JudgmentsBy Judge - Perram J |
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(Perram
J)
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1. Shaw v The Official Trustee in Bankruptcy (No 2) [2026] FCAFC 61
| COSTS – appeal to Full Court dismissed – costs orders made against appellant – subsequent application by respondent to vary costs orders under r 39.04 of the Federal Court Rules 2011 (Cth) – whether respondent can claim those costs as a cost |
| Date: 7 May 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
2. EFS18 v Minister for Immigration and Citizenship [2026] FCA 461
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) – where delegate refused protection visa and the decision was affirmed by the Immigration Assessment Authority – where appellant claimed to fear persecution |
| Date: 17 Apr 2026 Judge: PERRAM J |
3. v2food Pty Ltd v Provectus Algae Pty Ltd [2026] FCA 436
| PATENTS – appeal under s 60(4) of the Patents Act 1990 (Cth) – where opponent has filed submitting notice and Commissioner of Patents is not taking active part in proceedings – where there is no evidence to support grounds of opposition before |
| Date: 15 Apr 2026 Judge: PERRAM J |
4. Shekhar v State of New South Wales (Department of Education) [2026] FCA 433
| HUMAN RIGHTS – discrimination – where parents of a student with disability allege discrimination under the Disability Discrimination Act 1992 (Cth) relating to the child’s enrolment in school – where applicants are unrepresented and do not |
| Date: 14 Apr 2026 Judge: PERRAM J |
5. FUJ17 v Minister for Immigration and Citizenship [2026] FCA 434
| MIGRATION– application for extension of time to appeal from Federal Circuit and Family Court of Australia (Division 2) – where Immigration Assessment Authority affirmed the decision of the Minister’s delegate to refuse a protection visa – |
| Date: 14 Apr 2026 Judge: PERRAM J |
| PRACTICE AND PROCDURE – ex parte application for leave to serve orders for production on company located in Hong Kong – where Hague Convention on service applies – where the Court has issued an order for production under s 597(9) of |
| Date: 30 Mar 2026 Judge: PERRAM J |
| LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of |
| Date: 30 Mar 2026 Judge: PERRAM, WHEELAHAN and MCELWAINE JJ |
8. Shaw v The Official Trustee in Bankruptcy [2026] FCAFC 32
| BANKRUPTCY AND INSOLVENCY – administration of bankrupt estate – supervisory jurisdiction of the Federal Court – application for inquiry into trustee’s conduct under Insolvency Practice Schedule (Bankruptcy) ss 90-10 and 90-15 – where broad |
| Date: 27 Mar 2026 Judge: PERRAM, CHEESEMAN AND MEAGHER JJ |
9. BWM23 v Minister for Immigration and Citizenship [2026] FCA 316
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) – where delegate of the first respondent refused application for a protection visa – where applicants filed application for review by the Administrative Appeals |
| Date: 19 Mar 2026 Judge: PERRAM J |
10. Li v Clear Environmental Pty Limited (deregistered) [2026] FCA 230
| CORPORATIONS – application for review of registrar’s decision to refuse to reinstate the registration of a company – where applicant sought reinstatement pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) – where company was |
| Date: 9 Mar 2026 Judge: PERRAM J |
11. Aitken v Commissioner of Taxation [2026] FCAFC 18
| TAXATION – income tax – appeal from decision of single judge of the Federal Court– where appellant held forestry interests in a forestry managed investment scheme – where appellant and all other participants held put options over forestry |
| Date: 6 Mar 2026 Judge: PERRAM, DOWNES AND NEEDHAM JJ |
| COSTS – representative proceedings – where significant substantive and procedural issues were heard – whether respondent should pay costs of hearing on supplementary common questions and other issues – whether costs should be apportioned |
| Date: 27 Feb 2026 Judge: PERRAM J |
| PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where matter referred to mediation yet to occur – where non-parties sought access documents on the Court file – whether suppression and non-publication orders |
| Date: 16 Feb 2026 Judge: PERRAM J |
14. Roberts-Smith v Fairfax Media Publications Pty Ltd (Suppression Orders) [2026] FCA 34
| PRACTICE AND PROCEDURE – application for suppression orders – where application seeks orders prohibiting disclosure of a confidential settlement deed for a duration of 50 years – where settlement deed is subject to a suppression order which is |
| Date: 2 Feb 2026 Judge: PERRAM J |
15. Bilal v Lagos [2026] FCA 35
| ADMINISTRATIVE LAW – application for judicial review – where registrars refused to accept various documents for filing under r 2.26 of the Federal Court Rules 2011 (Cth) – where the documents concern the same underlying complaints – where |
| Date: 2 Feb 2026 Judge: PERRAM J |
| CONSUMER LAW – representative proceedings – where respondent manufacturer was found at trial to have supplied vehicles in Australia which did not comply with the guarantee of acceptable quality under s 54 of the Australian Consumer Law |
| Date: 2 Feb 2026 Judge: PERRAM J |
17. Marsh Limited v Greensill Bank AG [2025] FCAFC 186
| PRACTICE AND PROCEDURE – whether use of documents discovered in Federal Court proceeding in an ex parte anti-suit application in overseas court constituted breach of Hearne v Street obligation – whether purpose for which discovered documents |
| Date: 17 Dec 2025 Judge: PERRAM, STEWART AND HALLEY JJ |
18. AXR54 v S.M Adams trading as Piper Alderman [2025] FCA 1509
| INDUSTRIAL LAW – adverse action – application for relief under the Fair Work Act 2009 (Cth) – where application filed outside the time limit prescribed by s 370 of the Fair Work Act 2009 (Cth) – whether s 370 time limit applies to dismissal |
| Date: 1 Dec 2025 Judge: PERRAM J |
| PRACTICE AND PROCEDURE – where following the Court’s judgment the parties remained in dispute about the list of issues for determination – whether the form of issue should preserve the ability to revisit a question on which findings have been |
| Date: 28 Nov 2025 Judge: PERRAM J |
20. Smith v A High School [2025] FCA 1432
| HUMAN RIGHTS – urgent application for interim relief – where injunction sought to preserve the status quo – where complaint on foot before the Australian Human Rights Commission – whether injunction should be granted |
| Date: 19 Nov 2025 Judge: PERRAM J |
21. Chi v Specialisterne Centre Australia Limited [2025] FCA 1353
| HUMAN RIGHTS – application for leave to proceed under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) – where disability discrimination is alleged in relation to employment procurement programs – where complaint of |
| Date: 6 Nov 2025 Judge: PERRAM J |
22. Alexiou v Australia and New Zealand Banking Group Limited (Ruling on Evidence) [2025] FCA 1309
| EVIDENCE – objection during cross-examination – whether the question asked invited speculation – whether the evidence to which the question was directed is within the scope of the pleadings |
| Date: 27 Oct 2025 Judge: PERRAM J |
23. Alexiou v Australia and New Zealand Banking Group Limited (Subpoena No 2) [2025] FCA 1277
| PRACTICE AND PROCEDURE – application to set aside subpoena to give evidence – powers of court – power to alter reasons for judgment – correction after judgment entered |
| Date: 21 Oct 2025 Judge: PERRAM J |
| PRACTICE AND PROCEDURE – where a group of issues to be determined on a summary judgment application is disputed – whether issues are precluded by the procedural history – whether a permanent stay on the basis of incomplete discovery can be |
| Date: 17 Oct 2025 Judge: PERRAM J |
25. Brar v Minister for Immigration and Citizenship [2025] FCAFC 138
| MIGRATION – where appellant’s visa was cancelled pursuant to s 501 of the Migration Act 1958 (Cth) – where application to a delegate of a Minister administering the Migration Act 1958 (Cth) seeking visa reinstatement was unsuccessful – where |
| Date: 8 Oct 2025 Judge: PERRAM, MEAGHER AND MCDONALD JJ |
26. Alexiou v Australia and New Zealand Banking Group Limited (Subpoena) [2025] FCA 1238
| PRACTICE AND PROCEDURE – application to set aside subpoena to give evidence – where prospective witness previously refused to assist respondent – where the circumstances of the prospective witness changed close to the trial start date – |
| Date: 29 Sep 2025 Judge: PERRAM J |
27. Alexiou v Australia and New Zealand Banking Group Limited (Objections) [2025] FCA 1195
| EVIDENCE – rulings on sample objections – opinion evidence and hearsay evidence – ss 78 and 79 of the Evidence Act 1995 (Cth) – whether two file notes are business records within the meaning of s 69 of the Evidence Act 1995 (Cth) |
| Date: 26 Sep 2025 Judge: PERRAM J |
28. Farley v MKR Capital Pty Ltd [2025] FCA 1171
| PRACTICE AND PROCEDURE – where the applicant sought an extension of time and leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) – where employment terminated – where deductions for income tax and |
| Date: 22 Sep 2025 Judge: PERRAM J |
29. Kimber v Clark as trustee of the estate of Kimber (Review of orders) [2025] FCA 1181
| PRACTICE AND PROCEURE – application to vary or set aside orders under Federal Court Rules 2011 (Cth) rr 39.04 or 39.05 – where applicant was out of time when application was filed but had attempted to file in time – where application to |
| Date: 19 Sep 2025 Judge: PERRAM J |
30. Bartlett v Commonwealth of Australia [2025] FCA 1107
| PRACTICE AND PROCEDURE – where the applicant seeks to make allegations of adverse action by omission – where the applicant alleges breach of contract – where damages not sought for breach of contract – whether s 44 of the Safety, |
| Date: 10 Sep 2025 Judge: PERRAM J |
31. Uddin v Minister for Immigration and Citizenship [2025] FCA 1109
| MIGRATION – appeal from Federal Circuit Court of Australia – where Administrative Appeals Tribunal affirmed decision of Minister’s delegate to refuse student visa – where confirmation of enrolment in a course of study was not provided to the |
| Date: 8 Sep 2025 Judge: PERRAM J |
32. Fair Work Ombudsman v Woolworths Group Limited
| INDUSTRIAL LAW – where regulatory proceedings brought by the Fair Work Ombudsman and class actions brought against the same employers are heard together – where employers are alleged to have underpaid entitlements owed to employees under the |
| Date: 5 Sep 2025 Judge: PERRAM J |
33. Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122
| COSTS – where costs are sought to be assessed on an indemnity and lump sum basis – where trial judge made findings that imputations were substantially true – where on appeal the appellant did not seek to prove the imputations were not true – |
| Date: 4 Sep 2025 Judge: PERRAM AND KENNETT JJ |
34. SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 954
| MIGRATION – application for judicial review of a decision made by the respondent under s 501BA of the Migration Act 1958 (Cth) – where the respondent cancelled the applicant’s visa having been satisfied that the applicant did not pass the |
| Date: 15 Aug 2025 Judge: PERRAM J |
35. Fanca Technologies Pty Ltd v CFH Airtechnic Australia Pty Ltd [2025] FCA 953
| PRACTICE AND PROCEDURE – where the applicants applied for leave to file an amended originating application and statement of claim which re-defines some of the impugned products and alleges additional claims of infringement – where respondents |
| Date: 15 Aug 2025 Judge: PERRAM J |
36. Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter) [2025] FCA 891
| COSTS – representative proceedings – where the High Court remitted to the primary judge the question of the applicant’s damages for redetermination – costs orders in respect of the remitter |
| Date: 4 Aug 2025 Judge: PERRAM J |
37. Capic v Ford Motor Company of Australia Pty Ltd (Remitter) [2025] FCA 670
| CONSUMER LAW – representative proceedings – where the High Court remitted to the primary judge the question of the applicant’s damages for redetermination in accordance with its reasons – whether the previously determined figure for |
| Date: 20 Jun 2025 Judge: PERRAM J |
38. Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) [2025] FCAFC 66
| PRACTICE AND PROCEDURE – interlocutory application to reopen appeal after hearing of appeal and months after judgment had been reserved, to amend notice of appeal and to adduce further evidence to support additional grounds – where appellant |
| Date: 16 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
39. Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal) [2025] FCAFC 67
| DEFAMATION – where respondents published articles making imputations that appellant committed serious criminal offences including war crimes while fighting with Australian forces in Afghanistan – where imputations of appellant’s involvement in |
| Date: 16 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
40. Roberts-Smith v Fairfax Media Publications Pty Ltd (Admission of Recording) [2025] FCAFC 68
| EVIDENCE – where a recording was allegedly made without the consent of both parties and was alleged to reveal a miscarriage of justice in the proceedings – whether the probative value of the recording is substantially outweighed by the danger |
| Date: 1 May 2025 Judge: PERRAM, KATZMANN AND KENNETT JJ |
41. Roberts-Smith v Fairfax Media Publications Pty Ltd (Interlocutory Rulings) [2025] FCA 504
| PRACTICE AND PROCEDURE – where the respondents seek to strike out the appellant’s amended interlocutory application to re-open the evidence on his appeal which he filed one month after filing the initial application to re-open the evidence on |
| Date: 30 Apr 2025 Judge: PERRAM J |
42. SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60
| COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of |
| Date: 24 Apr 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
43. Roberts-Smith v Fairfax Media Publications Pty Ltd [2025] FCA 414
| PRACTICE AND PROCEDURE – where the Court has issued six subpoenas to produce documents to various third-parties including the respondents’ legal representatives at the appellant’s request – where the appellant has served the Second |
| Date: 24 Apr 2025 Judge: PERRAM J |
| INDUSTRIAL LAW – where union sought judicial review of judgment of the Full Bench of the Fair Work Commission (‘the Commission’) under s 425(1)(a) of the Fair Work Act 2009 (Cth) – where union submitted that the Commission erred by |
| Date: 25 Mar 2025 Judge: PERRAM, RANGIAH AND SHARIFF JJ |
45. Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
| PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
46. SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
| CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where |
| Date: 24 Mar 2025 Judge: PERRAM, BROMWICH AND COLVIN JJ |
47. Firstmac Limited v Zip Co Limited [2025] FCAFC 30
| TRADE MARKS – appeal against decision that composite marks not deceptively similar to registered trade mark pursuant to s 120 of the Trade Marks Act 1995 (Cth) (TM Act) – whether stylised marks containing the registered trade mark and other |
| Date: 19 Mar 2025 Judge: PERRAM, KATZMANN AND BROMWICH JJ |
| PRACTICE AND PROCEDURE – where sequestration has been made by the primary judge and is the subject of an appeal – where the appellant seeks a stay of the sequestration order – whether a stay is appropriate where the appellant has limited |
| Date: 12 Mar 2025 Judge: PERRAM J |
49. Alexiou v Australia and New Zealand Banking Group Limited (Scope of Amendments) [2025] FCA 147
| PRACTICE AND PROCEDURE - where proceeding includes lengthy procedural history - where judgment was previously given on amendment application - where parties were asked to provide proposed short minutes of order to give effect to the previous |
| Date: 28 Feb 2025 Judge: PERRAM J |
50. Commissioner of Taxation v Liang [2025] FCAFC 4
| TAXATION - appeal from single judge decision quashing decision of the Administrative Appeals Tribunal to affirm objection decision made by Commissioner - where amount of unexplained deposits received by a trust assessed as ordinary income - where |
| Date: 31 Jan 2025 Judge: PERRAM, WHEELAHAN and HESPE JJ |
51. Saw v Seven Network (Operations) Ltd (Post-Settlement Suppression Orders) [2025] FCA 30
| PRACTICE AND PROCEDURE - where interim suppression and non-publication orders were granted pending the completion of mediation - where the pleadings have been filed - where mediation has now completed - where the parties have negotiated further |
| Date: 30 Jan 2025 Judge: PERRAM J |
52. Bui v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 10
| IMMIGRATION - where Applicant's five year return visa was cancelled after conviction - where a delegate of the Minister refused to revoke the cancellation of the Applicant's visa - where the Administrative Appeals Tribunal also decided not to revoke |
| Date: 21 Jan 2025 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - where Applicant seeks leave to file and serve proposed third further amended statement of claim - where new claims present triable issues - where proceeding includes lengthy procedural history - where reasons for delay |
| Date: 17 Jan 2025 Judge: PERRAM J |
54. PLQF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1483
| MIGRATION - where the Minister decided under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis that cancelling the Applicant's visa was in the national interest - whether compliance |
| Date: 18 Dec 2024 Judge: PERRAM J |
55. Boral Limited v Parkin [2024] FCAFC 169
| EVIDENCE - appeal from evidentiary rulings - operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') - where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors - where |
| Date: 17 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
56. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160
| MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the |
| Date: 12 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
57. Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414
| PATENTS - patent for formulations of liraglutide - validity of extension of term of patent - where application for extension must concern a patent which discloses a 'pharmaceutical substance per se' under s 70 of the Patents Act 1990 - whether |
| Date: 12 Dec 2024 Judge: PERRAM J |
58. Sydney Trains v Australian Rail, Tram and Bus Industry Union [2024] FCA 1411
| PRACTICE AND PROCEDURE - interlocutory application for injunctive relief - where injunctions sought to restrain respondent unions from continuing industrial action relating to Sydney rail network - prima facie case - whether industrial action |
| Date: 8 Dec 2024 Judge: PERRAM 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 |
60. Lifestyle Homes (ACT) Pty Ltd v Deputy Commissioner of Taxation [2024] FCA 1376
| CORPORATIONS - statutory demand - application to set aside under s 459G of the Corporations Act 2001 (Cth) ('the Act') - where issuing party used outdated version of prescribed form - where updated form added two words - whether omission of those |
| Date: 29 Nov 2024 Judge: PERRAM J |
61. Pham v Minister for Immigration and Multicultural Affairs [2024] FCA 1363
| MIGRATION - appeal from decision of Administrative Appeals Tribunal ('Tribunal') to affirm decision not to revoke mandatory cancellation of applicant's visa under s 501CA of the Migration Act 1958 (Cth) - whether Tribunal erred in finding that |
| Date: 29 Nov 2024 Judge: PERRAM J |
62. SSVJ v Minister for Immigration and Multicultural Affairs (Pseudonym Orders) [2024] FCA 1362
| PRACTICE AND PROCEDURE - pseudonym orders - where applicant the subject of a protection finding - whether orders reasonably necessary to protect applicant's safety |
| Date: 25 Nov 2024 Judge: PERRAM J |
63. Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
| PATENTS - patents for supernatant vaccine against diseases affecting pigs PATENTS - validity - best method - where antigen concentrations of vaccine disclosed as a range - whether antigen concentrations material to the advantages claimed of the |
| Date: 15 Nov 2024 Judge: PERRAM, NICHOLAS AND DOWNES JJ |
64. Seadragon Offshore Wind Pty Ltd v Minister for Climate Change and Energy [2024] FCA 1290
| ADMINISTRATIVE LAW - application for judicial review - where Minister for Climate Change and Energy ('Minister') refused to grant feasibility licence to applicant under Offshore Electricity Infrastructure Act 2021 (Cth) - where area of applicant's |
| Date: 8 Nov 2024 Judge: PERRAM J |
65. Oracle Corporation Australia Pty Ltd v Commissioner of Taxation (Stay Application) [2024] FCA 1262
| PRACTICE AND PROCEDURE - application for stay of proceedings - double taxation treaties - mutual agreement procedure - where Australian Tax Office suspended mutual agreement procedure under Australia-Ireland double taxation treaty - where proceeding |
| Date: 31 Oct 2024 Judge: PERRAM J |
66. Minister for Immigration, Citizenship and Multicultural Affairs v Park [2024] FCAFC 136
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - whether notification of decision to refuse to grant a visa satisfied requirement in s 66(2)(d)(ii) of the Migration Act 1958 (Cth) - consideration |
| Date: 25 Oct 2024 Judge: PERRAM, PERRY AND FEUTRILL JJ |
67. Saw v Seven Network (Operations) Ltd [2024] FCA 1210
| PRACTICE AND PROCEDURE - application for suppression and non-publication orders - where statement of claim filed but no defence or reply - where matter referred to a mediation yet to occur - whether disclosure of pleadings might imperil mediation - |
| Date: 18 Oct 2024 Judge: PERRAM J |
68. Stolyar v Scott (Leave to appeal) [2024] FCA 1182
| PRACTICE AND PROCEDURE - application for leave to appeal judgment determining distribution of proceeds from sale of property - where both parties claim the balance of the proceeds following payments to other creditors - whether applicant should be |
| Date: 11 Oct 2024 Judge: PERRAM J |
69. Youssef v Commissioner of Taxation (Appeal) [2024] FCA 1154
| INCOME TAX - where substantial deposits not included in applicants' tax returns - where Commissioner assessed deposits as income - where applicants said deposits were referable to gambling and sought to prove maximum taxable income from other |
| Date: 4 Oct 2024 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - application for transfer of proceeding to Victorian registry - nexus to Victoria and New South Wales |
| Date: 11 Sep 2024 Judge: PERRAM J |
71. Youssef v Commissioner of Taxation (De-anonymisation) [2024] FCA 1033
| PRACTICE AND PROCEDURE - anonymisation of party names - where Applicants' names anonymised in proceeding before the Administrative Appeals Tribunal under s 14ZZE of Taxation Administration Act 1953 (Cth) - where anonymisation replicated in Federal |
| Date: 4 Sep 2024 Judge: PERRAM J |
72. Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (Security for Costs) [2024] FCAFC 113
| PRACTICE AND PROCEDURE - application for security for costs against foreign state - where security sought in relation to application to set aside examination orders - whether set aside application made under s 35A(5) of Federal Court of Australia |
| Date: 29 Aug 2024 Judge: PERRAM, DERRINGTON AND FEUTRILL JJ |
73. Minister for Immigration, Citizenship and Multicultural Affairs v Qazizada [2024] FCA 989
| MIGRATION - appeal from Federal Circuit Court dismissal of judicial review application of Administrative Appeals Tribunal ('Tribunal') decision - where Appellant required to be carer of an Australian relative for Other Family (Migrant) (Class BO) |
| Date: 29 Aug 2024 Judge: PERRAM J |
74. KTC v David (Security for Costs) [2024] FCA 911
| PRACTICE AND PROCEDURE - application for further security for costs - where Applicant has no assets in Australia - where original security not yet exhausted - whether further security premature - consideration of appropriate quantum |
| Date: 14 Aug 2024 Judge: PERRAM J |
75. Australian Competition and Consumer Commission v Secure Parking Pty Ltd [2024] FCA 884
| CONSUMER LAW - application for declarations of contravention, civil penalty and other orders by consent - where respondent admitted contraventions of ss 18, 29(1)(g) and 34 of the Australian Consumer Law - whether proposed declarations and penalty |
| Date: 8 Aug 2024 Judge: PERRAM J |
76. PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86
| TAXATION - royalty withholding tax - where non-resident taxpayers entered into exclusive bottling agreements ('EBAs') with an Australian company ('Bottler') for the bottling and sale of beverages in Australia - where EBAs provided for sale of |
| Date: 26 Jun 2024 Judge: PERRAM, COLVIN AND JACKMAN JJ |
| COSTS - where the first and second respondents seek an order that the applicants pay their costs on an indemnity basis after a settlement offer was served - rule 25.14(2) of the Federal Court Rules 2011 (Cth) - where the proceeding was dismissed - |
| Date: 12 Jun 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
78. Warwick v National Disability Insurance Agency [2024] FCA 616
| ADMINISTRATIVE LAW - appeal on a question of law from the Administrative Appeals Tribunal ('the Tribunal') under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Tribunal determined the Applicant's relocation costs were not |
| Date: 12 Jun 2024 Judge: PERRAM J |
79. CCU21 v Minister for Home Affairs (Peremptory Mandamus) [2024] FCAFC 69
| MIGRATION - application for peremptory writ of mandamus - where Court had previously issued mandamus directing the Respondent to determine Appellant's revocation application according to law - whether Respondent's return to the writ was insufficient |
| Date: 6 Jun 2024 Judge: PERRAM, HALLEY AND GOODMAN JJ |
80. CZA19 v Commonwealth of Australia [2024] FCAFC 66
| COSTS - applicant granted a visa before hearing - where satisfied that the applicant would have been substantially successful - applicant awarded costs |
| Date: 28 May 2024 Judge: MORTIMER CJ, PERRAM AND MARKOVIC JJ |
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge found that Applicants ran an 'all-or-nothing' case in respect of their entitlement to bank guarantee proceeds - where primary judge dismissed that case entirely - whether |
| Date: 24 May 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
82. University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57
| INDUSTRIAL LAW - university - right to intellectual freedom - appeal of remitter judgments - where primary judgment appealed to Full Court - where Full Court allowed appeal and remitted matters to primary judge for hearing and determination - |
| Date: 17 May 2024 Judge: PERRAM, LEE AND KENNETT JJ |
83. Gale v Homewood [2024] FCA 264
| CRIMINAL LAW - application for interim control order ('ICO') under s 104.4 of the Criminal Code (Cth) - where ICO not opposed except for condition relating to electronic monitoring - whether that condition was reasonably necessary, and reasonably |
| Date: 20 Mar 2024 Judge: PERRAM J |
84. Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42
| TAXATION - Goods and Services Tax - where appellant paid invoices rendered by lawyers acting on behalf of individual beneficiaries and certain related entities - where appellant claimed input tax credits in respect of the payment of those invoices - |
| Date: 20 Mar 2024 Judge: PERRAM, ABRAHAM AND BUTTON JJ |
85. Toppo v P & J Harris & Sons (A Partnership) [2024] FCA 257
| INDUSTRIAL LAW - where Applicant alleges that termination by Respondent was adverse action taken for prohibited reasons - interlocutory application for interim reinstatement - where Applicant's visa requires ongoing employment by sponsoring employer |
| Date: 19 Mar 2024 Judge: PERRAM J |
86. Kisun v New Zealand [2024] FCA 224
| EXTRADITION - where Applicant seeks review under s 35 of the Extradition Act 1988 (Cth) of magistrate's decision to surrender him to New Zealand - where Applicant faces charges of historical child sexual abuse - where Applicant is elderly and |
| Date: 12 Mar 2024 Judge: PERRAM J |
87. Crawford v State of Western Australia [2024] FCA 222
| CONSTITUTIONAL LAW - validity of provisions of the Children's Court of Western Australia Act 1988 (WA) ('CCWA Act') and the Magistrates Court Act 2004 (WA) ('MC Act') concerning allocation of responsibilities to dually appointed magistrates - |
| Date: 12 Mar 2024 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - cross-claim - application to strike out certain paragraphs of Cross-Respondent's defence - whether relevant parts of defence fail to disclose a reasonable defence or are otherwise an abuse of process in accordance with rr |
| Date: 12 Mar 2024 Judge: PERRAM J |
89. De Lange v De Lange [2024] FCA 158
| PRACTICE AND PROCEDURE - application for registration of New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (Cth) - requirement to file a hard copy judgment - where electronic copy of judgment filed with application - where hard copy |
| Date: 29 Feb 2024 Judge: PERRAM J |
90. Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
| CONTRACTS - construction - scope of releases in settlement agreement - prima facie canon of construction -whether releases apply to proceeding TRADE MARKS - infringement - trap viewing - extra-territorial application of s 120(1) of the Trade Marks |
| Date: 23 Feb 2024 Judge: PERRAM, NICHOLAS, BURLEY, ROFE AND DOWNES JJ |
| PRACTICE AND PROCEDURE - formulation of orders to give effect to the reasons for judgment in Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2023] FCA 1515 |
| Date: 6 Feb 2024 Judge: PERRAM J |
| BANKRUPTCY AND INSOLVENCY - application to discharge examination summons and order to produce documents - application to access affidavit filed by liquidators in support of application for summons - whether examination would constitute abuse of |
| Date: 22 Dec 2023 Judge: PERRAM J |
93. DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1639
| PRACTICE AND PROCEDURE - application to file amended notice of appeal - whether proposed grounds of appeal have sufficient prospects of success - where proposed ground of appeal not argued before trial judge MIGRATION - appeal from then Federal |
| Date: 21 Dec 2023 Judge: PERRAM J |
94. LFDB v Deputy District Registrar [2023] FCA 1516
| PRACTICE AND PROCEDURE - application for extension of time to seek judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where review sought of decision of Deputy District Registrar to register judgments under the |
| Date: 14 Dec 2023 Judge: PERRAM J |
95. Kisun, by his litigation representative Kisun v New Zealand [2023] FCA 1576
| EXTRADITION - application for order under s 35(6)(g)(iii) of the Extradition Act 1988 (Cth) - application for bail under s 35(6)(g)(iv) - where Applicant seeks to attend medical examinations to gather evidence of lack of fitness to stand trial - |
| Date: 12 Dec 2023 Judge: PERRAM J |
| COSTS - where application to have examination summons set aside was dismissed - where liquidators seek costs thrown away due to Applicant's non-attendance at examination |
| Date: 8 Dec 2023 Judge: PERRAM J |
| INDUSTRIAL LAW - whether employees 'eligible employees' under Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) - consideration of definition of 'black coal mining industry' in cll 4.2 and 4.3 of the Black Coal Mining Industry |
| Date: 5 Dec 2023 Judge: PERRAM J |
98. Palmanova Pty Ltd v Commonwealth of Australia [2023] FCA 1391
| CULTURAL HERITAGE - application under s 37 of the Protection of Movable Cultural Heritage Act 1986 (Cth) ('the Act') for recovery of Artefact seized by Commonwealth - whether Artefact liable to forfeiture under s 14(1) of the Act. CULTURAL HERITAGE - |
| Date: 14 Nov 2023 Judge: PERRAM J |
99. Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178
| PATENTS - where invention claimed is a safety system for protection against falling drill rods in mining industry - construction - meaning of 'anchor member' - meaning of 'configured to be fixed in a proximal end region of the bore' PATENTS - |
| Date: 13 Nov 2023 Judge: PERRAM, NICHOLAS AND MCELWAINE JJ |
| BANKRUPTCY AND INSOLVENCY - application for extension of time to apply for discharge of examination summons - whether delay adequately explained - whether discharge application has merit - where examination of Applicant would occur prior to possible |
| Date: 3 Nov 2023 Judge: PERRAM J |
