Browse Federal Court JudgmentsBy Judge - Perram J |
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J)
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1. 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 |
2. 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 |
| 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 |
4. 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 |
5. 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 |
6. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
37. 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 |
38. 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 |
39. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
48. 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 |
49. 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 |
52. 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 |
53. 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 |
54. 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 |
57. 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 |
58. 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 |
60. Draoui v Return to Work Corporation of South Australia (Jurisdiction) [2023] FCA 1203
| INDUSTRIAL LAW - appeal from decision of the South Australian Employment Tribunal dismissing application to reopen workers compensation proceedings - whether Court has jurisdiction under Fair Work Act 2009 (Cth) |
| Date: 13 Oct 2023 Judge: PERRAM J |
61. Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCA 1154
| PRACTICE AND PROCEDURE - where Applicants seek leave to appeal from interlocutory decision refusing to set aside subpoenas and part of notice to produce - whether interlocutory decision attended by sufficient doubt to warrant reconsideration by Full |
| Date: 25 Sep 2023 Judge: PERRAM J |
62. Noah's Ark Veterinary Services Pty Ltd v Hudson [2023] FCA 1094
| CORPORATIONS - application for leave to bring derivative suit on behalf of company - where concurrent family law proceedings before Federal Circuit and Family Court of Australia (Division 2) - whether criteria for leave under s 237 of the |
| Date: 15 Sep 2023 Judge: PERRAM J |
63. JB Solicitors Pty Ltd v Cam, in the matter of the Bankrupt Estate of Cam [2023] FCA 1095
| BANKRUPTCY AND INSOLVENCY - review of sequestration order made by Registrar - where default judgment against Respondent entered by District Court of New South Wales - where notice of motion to set aside default judgment had been dismissed - whether |
| Date: 11 Sep 2023 Judge: PERRAM J |
64. Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd [2023] FCAFC 149
| PRACTICE AND PROCEDURE - appeal from decision of trial judge in proceedings where former employees colluded with suppliers to misappropriate Appellant's business - whether trial judge erred in dismissing proceedings against Respondents - where |
| Date: 6 Sep 2023 Judge: PERRAM, DOWNES AND BUTTON JJ |
65. Tesserent Limited, in the matter of Tesserent Limited (First Scheme Hearing) [2023] FCA 969
| CORPORATIONS - scheme of arrangement - first court hearing - application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) to convene meetings of shareholders and certain option and warrant holders to consider respective schemes |
| Date: 14 Aug 2023 Judge: PERRAM J |
66. CCU21 v Minister for Home Affairs (Costs) [2023] FCAFC 112
| COSTS - application for each party to bear its own costs on appeal and at trial - where Appellant successful on appeal in relation to non-revocation decision but not initial cancellation decision |
| Date: 19 Jul 2023 Judge: PERRAM, HALLEY AND GOODMAN JJ |
67. BIR19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 792
| MIGRATION - appeal from Federal Circuit Court dismissing Appellant's application for judicial review of decision by Immigration Assessment Authority - whether submission 'new information' for purposes of s 473DD of the Migration Act 1958 (Cth) - |
| Date: 14 Jul 2023 Judge: PERRAM J |
68. ASG19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 791
| MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review - where Tribunal affirmed decision of Minister's delegate to refuse to grant protection visa - whether Tribunal gave proper, genuine |
| Date: 14 Jul 2023 Judge: PERRAM J |
69. Watson v Kriticos (Further Discovery and Adjournment) [2023] FCA 793
| PRACTICE AND PROCEDURE - application for further discovery and adjournment of trial - whether reasonable grounds for being fairly certain that documents disclosing energy recycling mechanism in Second Respondent's surf machines exist |
| Date: 14 Jul 2023 Judge: PERRAM J |
70. Aravanis (Trustee) v Kapp, in the matter of the Bankrupt Estate of Kapp [2023] FCA 702
| BANKRUPTCY AND INSOLVENCY - application by trustees in bankruptcy to recover proceeds of sale of properties - whether transfers of property void against the trustees under ss 120 and 121 of the Bankruptcy Act 1966 (Cth) - whether alienation of |
| Date: 28 Jun 2023 Judge: PERRAM J |
71. Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2023] FCAFC 97
| PATENTS - where listing of generic drug on Pharmaceutical Benefits Scheme ('PBS') reduces listing price and Commonwealth subsidy of non-generic form of drug - where Respondent held patent for clopidogrel - where interlocutory injunction obtained |
| Date: 26 Jun 2023 Judge: BESANKO, PERRAM AND YATES JJ |
72. Minister for Immigration, Citizenship and Multicultural Affairs v EVE21 [2023] FCAFC 91
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia - where trial judge found reg 2.55(3)(c) of the Migration Regulations 1994 (Cth) to be invalid - whether reg 2.55(3)(c) inconsistent with s 494A of the Migration Act |
| Date: 13 Jun 2023 Judge: PERRAM, ROFE and FEUTRILL JJ |
73. BOH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 573
| MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing judicial review application - where Administrative Appeals Tribunal ('Tribunal') affirmed decision of Minister's delegate to refuse to grant protection visa - whether |
| Date: 6 Jun 2023 Judge: PERRAM J |
74. CCU21 v Minister for Home Affairs [2023] FCAFC 87
| MIGRATION - appeal from decision of Federal Court of Australia dismissing judicial review application concerning two decisions of the Minister - where first Minister cancelled Appellant's visa under s 501(3) of the Migration Act 1958 (Cth) |
| Date: 31 May 2023 Judge: Perram, Halley and Goodman JJ |
75. BAO18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 550
| MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time - whether appeal competent - where Immigration Assessment Authority satisfied 'exceptional circumstances' justified consideration of new country |
| Date: 30 May 2023 Judge: PERRAM J |
76. Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83
| MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act |
| Date: 30 May 2023 Judge: PERRAM, PERRY AND THAWLEY JJ |
77. Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Final Orders) [2023] FCA 546
| PRACTICE AND PROCEDURE - formulation of orders to give effect to the reasons for judgment in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585 |
| Date: 26 May 2023 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - redactions to be applied to reasons for judgment in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585 |
| Date: 26 May 2023 Judge: PERRAM J |
| INDUSTRIAL LAW - application for interlocutory injunction restraining Respondent from refusing entry to union organisers - where union organisers hold right of entry permits under Fair Work Act 2009 (Cth) - where Respondent refused entry on basis |
| Date: 25 May 2023 Judge: PERRAM J |
80. CAY16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 481
| MIGRATION - appeal from decision of Federal Circuit Court dismissing judicial review application - where Immigration Assessment Authority ('Authority') affirmed delegate's decision to refuse protection visa - where Authority found that Appellant |
| Date: 18 May 2023 Judge: PERRAM J |
81. JFJF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 69
| MIGRATION - appeal from decision of Federal Court of Australia dismissing judicial review application - where Administrative Appeals Tribunal ('Tribunal') affirmed decision of Minister's delegate to refuse to grant protection visa - where Tribunal |
| Date: 10 May 2023 Judge: PERRAM, MEAGHER AND HESPE JJ |
82. Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 437
| MIGRATION - application for leave to appeal interlocutory judgment - where Federal Circuit Court dismissed appeal application in show cause hearing - where regional employer nomination visa (subclass 187) - where Applicant does not have approved |
| Date: 8 May 2023 Judge: PERRAM J |
83. Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48
| INDUSTRIAL LAW - High Court remittal - section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of |
| Date: 24 Mar 2023 Judge: PERRAM, WIGNEY AND ANDERSON JJ |
84. Casey v DePuy International Ltd (Appeal from Independent Counsel) [2023] FCA 254
| CONSTITUTIONAL LAW - application by group member of class action - where class action settlement approved under s 33V(1) of Federal Court of Australia Act 1976 (Cth) - where settlement contemplates future disputes to be resolved by Independent |
| Date: 24 Mar 2023 Judge: PERRAM J |
85. Siddiqui v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 154
| MIGRATION - appeal from Federal Circuit Court - where unsuccessful Partner (Temporary) (Class UK) (Subclass 820) visa application |
| Date: 2 Mar 2023 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - application to file a further amended notice of appeal - where proposed amendment alleges failure of Secretary to provide to Immigration Assessment Authority medical records under s 473CB of Migration Act 1958 (Cth) - where |
| Date: 28 Feb 2023 Judge: PERRAM J |
| MIGRATION - application for extension of time to appeal from decision of Federal Court - where Federal Court dismissed application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed decision of delegate not to |
| Date: 23 Feb 2023 Judge: PERRAM, BURLEY AND DOWNES JJ |
| MIGRATION - application for leave to appeal interlocutory judgment - where Federal Circuit Court dismissed appeal application in show cause hearing - where student (subclass 573) visa application |
| Date: 14 Feb 2023 Judge: PERRAM J |
89. Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
| PATENTS - Applicant patentee of three method patents relating to digital mobile radios ('DMR') using Time Division Multiple Access ('TDMA') to divide frequency channel - disputed constructions - fair basing - inventive step - identification of |
| Date: 23 Dec 2022 Judge: PERRAM J |
90. Howden Australia Pty Ltd v Minetek Investments Pty Ltd (Leave to Amend) [2022] FCA 1557
| PRACTICE AND PROCEDURE - application for leave to amend originating application and statement of claim - Applicants seek imposition of constructive trust as alternative remedy - whether reasonably arguable that a constructive trust can be imposed in |
| Date: 16 Dec 2022 Judge: PERRAM J |
91. Sanda v PTTEP Australasia (Ashmore Cartier) Pty Limited (Opt Out Obligations) [2022] FCA 1409
| PRACTICE AND PROCEDURE - representative proceedings under Pt IVA of Federal Court of Australia Act 1976 (Cth) ('the Act') - whether the Court has power under s 33ZF of the Act to dispense with requirement to set opt out date and send opt out notice - |
| Date: 21 Nov 2022 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - application for security for costs - where Cross-Claimants ordinarily resident outside Australia - whether security includes work that is not relevant - whether Cross-Respondent entitled to security for own amendment |
| Date: 17 Nov 2022 Judge: PERRAM J |
93. Howden Australia Pty Ltd v Minetek Pty Ltd (Release of Implied Undertaking) [2022] FCA 1202
| PRACTICE AND PROCEDURE - where Respondents allegedly use confidential information to file patent applications - where Applicants oppose grant of patent - where same questions before Court and Registrar of Patents delegate - whether to release |
| Date: 10 Oct 2022 Judge: PERRAM J |
94. Commissioner of Taxation v Bakarich (Penalty) [2022] FCA 1032
| PRACTICE AND PROCEDURE - where Applicant and Fourth Respondent jointly seek declarations and imposition of penalty - where declaration assumes tax exploitation scheme - where issue of tax exploitation scheme unresolved in case against First, Second |
| Date: 5 Sep 2022 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - form of permanent stay - where Cross-Claimants propose summary judgment application - where remaining issues identified - where procedure for future conduct of proceedings determined |
| Date: 5 Sep 2022 Judge: PERRAM J |
96. Embedded Claims Pty Ltd v Litigation Finance (Australia) Pty Ltd [2022] FCA 986
| CORPORATIONS - whether shares vested in trustees in bankruptcy - where instrument of share transfer not in evidence - where shares from trust fund - where validity of anterior share transfer to trust fund unclear CORPORATIONS - application to remove |
| Date: 24 Aug 2022 Judge: PERRAM J |
97. Capic v Ford Motor Company of Australia Pty Ltd (Notice to Class Members) [2022] FCA 974
| PRACTICE AND PROCEDURE - application to provide notice to class members - where notice includes information about appeal - where parties consent to distribution of notice |
| Date: 19 Aug 2022 Judge: PERRAM J |
| ADMINISTRATIVE LAW - where appeal from Federal Circuit Court - whether jurisdictional error - where delegate cancelled Appellant's student visa for non-enrolment - where Appellant subsequently enrolled in course - where Administrative Appeals |
| Date: 18 Aug 2022 Judge: PERRAM J |
99. Derma Pen LLC v Biosoft (Australia) Pty Ltd (Security for Costs) [2022] FCA 885
| PRACTICE AND PROCEDURE - application for security for costs - where Applicants are incorporated in Delaware - where neither Applicant has assets in or conducts business in Australia - where First Applicant has judgment debt against the Third |
| Date: 29 Jul 2022 Judge: PERRAM J |
| PRACTICE AND PROCEDURE - application to file amended notice of appeal - application to rely on fresh evidence on appeal - where Immigration Assessment Authority found evidence was 'new information' under Pt 7AA of Migration Act 1958 (Cth) - where |
| Date: 26 Jul 2022 Judge: PERRAM J |
