Browse Federal Court JudgmentsBy Judge - Perry J |
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(Perry
J)
: 551
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1. SZUPD v Minister for Immigration and Citizenship [2026] FCA 696
| MIGRATION – application for extension of time within which to appeal from decision of the Federal Circuit Court of Australia – where there has been an extreme delay of over two years in bringing an application – where no exceptional |
| Date: 5 Jun 2026 Judge: PERRY J |
2. MJZP v Director-General of Security [2026] FCA 694
| PRACTICE AND PROCEDURE – public interest immunity – production of material relevant to decisions to issue non-disclosure certificates under ss 39A and 39B of the Administrative Appeals Tribunal Act 1975 (Cth) – where there is a real risk of |
| Date: 5 Jun 2026 Judge: PERRY J |
3. Electoral Commissioner v Davis [2026] FCA 652
| ELECTIONS – where respondent caused 47,784 pamphlets to be printed and distributed to residences and businesses in the Wentworth division during the 2025 federal election – where respondent failed to include particulars pertaining to his name |
| Date: 28 May 2026 Judge: PERRY J |
4. Minister for Immigration and Citizenship v DVRL [2026] FCAFC 73
| APPEAL – where the Delegate refused to grant a protection visa to DVRL under s 501(1) of the Migration Act 1958 (Cth) – where the Tribunal affirmed the Delegate’s decision – where the primary judge ordered that the Tribunal’s decision be |
| Date: 27 May 2026 Judge: PERRY, STELLIOS AND LENEHAN JJ |
5. Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64
| HUMAN RIGHTS – where the respondent registered for the appellants’ women-only mobile phone application – where access was granted by AI software but then restricted upon review by an individual – where the respondent sought re-admission to |
| Date: 15 May 2026 Judge: PERRY, ABRAHAM AND KENNETT JJ |
6. Bertram v Naudi (No 2) [2026] FCAFC 56
| COSTS – order made that costs follow the event after unsuccessful appeal |
| Date: 5 May 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s protection visa was cancelled by a delegate of the Minister following his criminal convictions in 2017 – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) revoked |
| Date: 30 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
8. Minister for Immigration and Multicultural Affairs v SSVJ [2026] FCAFC 45
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s permanent visa was cancelled by a delegate of the Minister following his criminal convictions – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) set aside that |
| Date: 13 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
9. Xu v Trafford-Jones, in the matter of Cao [2026] FCA 401
| PRACTICE AND PROCEDURE – application for de novo review of decision of a registrar setting aside a personal insolvency agreement and making a sequestration order – application dismissed BANKRUPTCY AND INSOLVENCY – whether personal insolvency |
| Date: 10 Apr 2026 Judge: PERRY J |
10. Dao v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 378
| MIGRATION – whether primary judge erred in finding that Tribunal overlooked adverse material in letter from appellant’s sponsor – whether primary judge erred in finding that the breach of s 362A of the Migration Act 1958 (Cth) did not have any |
| Date: 2 Apr 2026 Judge: PERRY J |
11. SEPL Pty Ltd as trustee of the SFT Trust v Commissioner of Taxation [2026] FCAFC 36
| TAXATION – fringe benefits tax – appeal from orders of a single judge of the Federal Court allowing an appeal on questions of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether provision of luxury motor vehicles for |
| Date: 27 Mar 2026 Judge: PERRY, O’CALLAGHAN AND THAWLEY JJ |
12. Liu v Minister for Immigration and Citizenship [2026] FCA 329
| MIGRATION – application for extension of time and leave to appeal from decision of the Federal Circuit and Family Court – no appearance by applicant – where first respondent applied for order under r 35.33 of the Federal Court Rules |
| Date: 23 Mar 2026 Judge: PERRY J |
13. Bertram v Naudi [2026] FCAFC 40
| BANKRUPTCY – Jurisdiction – appeal from orders of a single judge of the Federal Court – where judge dismissed an application made by discharged bankrupt pursuant to s 90-15 of sch 2 of the Bankruptcy Act 1996 (Cth) that certain contribution |
| Date: 19 Mar 2026 Judge: PERRY, O'CALLAGHAN AND GOODMAN JJ |
14. Alsaidat v Minister for Immigration and Citizenship [2026] FCA 272
| MIGRATION – appeal from decision of the Federal Circuit and Family Court – no appearance by appellant – where first respondent applied for order under r 36.75 of the Federal Court Rules 2011 (Cth) – appeal dismissed for non-appearance |
| Date: 16 Mar 2026 Judge: PERRY J |
15. Michales v CharterLaw Legal Pty Limited [2026] FCA 209
| BANKRUPTCY AND INSOLVENCY – application for review of Registrar’s decision not to set aside a bankruptcy notice – counter-claim, set-off or cross demand – where recovery of unpaid legal fees by a previously qualified entity does not |
| Date: 6 Mar 2026 Judge: PERRY J |
16. Kum Sing on behalf of the Mitakoodi and Mayi People #5 v State of Queensland (No 4) [2026] FCA 118
| NATIVE TITLE – consent determination of native title under s 87A of the Native Title Act 1993 (Cth) – appropriate to make orders – nomination of prescribed body corporate – determination of native title made |
| Date: 20 Feb 2026 Judge: PERRY J |
17. Waterhouse v City of Sydney [2026] FCA 120
| PRACTICE AND PROCEDURE – interlocutory applications to strike out parts of amended statement of claim – where amended statement of claim fails to disclose reasonable cause of action – where amended statement of claim does not plead material |
| Date: 20 Feb 2026 Judge: PERRY J |
18. Abraham v Minister for Immigration and Citizenship [2026] FCA 100
| MIGRATION – where Administrative Review Tribunal decided not to revoke cancellation of applicant’s visa on character grounds – where it is in the interests of justice to grant leave to the applicant to amend the originating application to |
| Date: 16 Feb 2026 Judge: PERRY J |
| COSTS – application for declarations as to the proper lawyers of the respondent – application to be discontinued following a meeting of common law native title holders – where section 85A(1) of the Native Title Act 1993 (Cth) applies – |
| Date: 8 Jan 2026 Judge: PERRY J |
20. CMP25 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 199
| MIGRATION – Migration Act 1958 (Cth) – exercise of discretion under s 501BA to override decision of Administrative Appeals Tribunal to revoke visa cancellation – where legal consequences of decision considered but not attributed any weight – |
| Date: 24 Dec 2025 Judge: PERRY, CHEESEMAN AND SHARIFF JJ |
21. Minister for the Environment and Water v GE Grid Australia Pty Ltd [2025] FCA 1609
| ENVIRONMENTAL LAW – contraventions of reporting obligations under s 46(1) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) – statement of agreed facts and joint submissions provided by the parties – declarations |
| Date: 17 Dec 2025 Judge: PERRY J |
22. Weekes v Australian Competition and Consumer Commission [2025] FCA 1549
| ADMINISTRATIVE LAW – application for declaration that the Australian Competition and Consumer Commission had a duty to decide whether to address a complaint by the applicant – where respondent objected to the Court’s jurisdiction – where |
| Date: 10 Dec 2025 Judge: PERRY J |
23. Nolutshungu v Minister for Immigration and Citizenship [2025] FCA 1491
| MIGRATION – application for an extension of time – where primary judge dismissed an application for judicial review of the (then) Administrative Appeal Tribunal’s decision affirming the Minister’s decision not to revoke the automatic |
| Date: 1 Dec 2025 Judge: PERRY J |
24. Klewer v National Disability Insurance Agency [2025] FCAFC 169
| ADMINISTRATIVE LAW – where the applicant seeks review of a “decision” made by the Administrative Review Tribunal (the ART) – where both the applicant and first respondent agree the ART erred in finding that it did not have jurisdiction on |
| Date: 28 Nov 2025 Judge: PERRY, HALLEY AND KENNETT JJ |
25. FEL19 v Minister for Immigration and Citizenship [2025] FCA 1402
| MIGRATION – where Immigration Assessment Authority affirmed delegate’s decision not to grant the appellant a protection visa – where primary judge dismissed an application for judicial review of the Authority’s decision – where the |
| Date: 18 Nov 2025 Judge: PERRY J |
26. Warren v Sijabat, in the matter of Warren (Bankrupt) [2025] FCA 1410
| BANKRUPTCY AND INSOLVENCY – application by bankrupt for orders that the trustee do all such things necessary to annul the bankruptcy under s 153A of the Bankruptcy Act 1966 (Cth) – where annulment of bankruptcy turns on trustee’s satisfaction |
| Date: 18 Nov 2025 Judge: PERRY J |
27. COZ17 v Minister for Immigration and Citizenship [2025] FCA 1403
| MIGRATION – appeal from a decision dismissing an application for judicial review of a decision of the former Immigration Assessment Authority – where notice of appeal raises new ground of appeal – where it is in the interests of justice to |
| Date: 17 Nov 2025 Judge: PERRY J |
28. CMY18 v Minister for Immigration and Citizenship [2025] FCA 1378
| MIGRATION – appeal from decision of the Federal Circuit and Family Court – no appearance by appellant – where first respondent applied for order under r 36.75 of the Federal Court Rules 2011 (Cth) – appeal dismissed for non-appearance |
| Date: 11 Nov 2025 Judge: PERRY J |
29. Mansfield (Trustee), in the matter of Frugtniet v Frugtniet (Stay Applications) [2025] FCA 1308
| PRACTICE AND PROCEDURE – bankruptcy – applications by tenants for stay of execution of orders for vacant possession of residential properties – applications granted |
| Date: 21 Oct 2025 Judge: PERRY J |
30. Secretary, Department of Health, Disability and Ageing v Prefixx Pty Ltd (No 2) [2025] FCA 1199
| PRACTICE AND PROCEDURE – Application by the second respondent for maximum costs order under rule 40.51 of the Federal Court Rules 2011 (Cth) – where substantive proceedings concern allegations against the respondents for advertising, or causing |
| Date: 1 Oct 2025 Judge: PERRY J |
31. Ekermawi v Commonwealth of Australia [2025] FCA 1141
| HUMAN RIGHTS – racial discrimination – restriction on recording “Palestine” as country of birth in government records – no human right to have a particular place of birth recorded in official documents – applicant’s claim does not |
| Date: 18 Sep 2025 Judge: PERRY J |
32. Cao v Yu, in the matter of Cao [2025] FCA 1102
| COSTS – application to set aside bankruptcy notice as an abuse of process – where applicant alleges that the creditor failed to take steps to enforce the judgment debt prior to issue of the bankruptcy notice – where making a demand for payment, |
| Date: 9 Sep 2025 Judge: PERRY J |
| COSTS – where costs order previously made in favour of respondent – where respondent seeks lump sum costs order – where appellants claim to have satisfied liability for costs by providing promissory note to respondent – whether parties |
| Date: 5 Sep 2025 Judge: PERRY, MCEVOY AND MCDONALD JJ |
34. NTMA Pharmaceuticals Pty Ltd v Beardmore [2025] FCA 1036
| ADMINISTRATIVE LAW – supply of pharmaceutical benefits – application for judicial review of referrals for investigation of approved pharmacists pursuant to s 114 of the National Health Act 1953 (Cth) – where Pharmacy Compliance Evaluation |
| Date: 28 Aug 2025 Judge: PERRY J |
35. RCLN v Minister for Immigration and Citizenship [2025] FCAFC 113
| MIGRATION – where Administrative Appeals Tribunal decided not to revoke cancellation of appellant’s visa on character grounds – where appellant had been released into the community following the Full Federal Court’s decision in Pearson v |
| Date: 26 Aug 2025 Judge: PERRY, SARAH C DERRINGTON AND ABRAHAM JJ |
36. Edwards v Giles George Pty Ltd [2025] FCA 822
| PRACTICE AND PROCEDURE – where applicant’s former solicitors in defamation proceedings claimed an equitable lien over a lump sum costs amount payable to the applicant – where primary judge made orders permitting the applicant’s former |
| Date: 18 Jul 2025 Judge: PERRY J |
37. Williams v Companies Auditors Disciplinary Board [2025] FCA 629
| ADMINISTRATIVE LAW – application for review of decision of the Companies Auditors Disciplinary Board to cancel the applicant’s registration as a company auditor – whether the Board failed to have regard to relevant considerations including the |
| Date: 18 Jun 2025 Judge: PERRY J |
38. Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2025] FCA 609
| NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth) – where application not opposed – where applicant/Aboriginal Land Council prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a |
| Date: 13 Jun 2025 Judge: PERRY J |
39. Ellahi v Minister for Immigration and Citizenship [2025] FCA 549
| MIGRATION – where applicant’s third student visa application refused on the ground he had given, or caused to be given, a bogus document – where applicant seeks a declaration that his student visa application was invalid by reason of his agent |
| Date: 27 May 2025 Judge: PERRY J |
40. Kimber v Clark in his capacity as trustee of the property of Kimber (No 4) [2025] FCA 509
| COSTS – quantification of amount payable pursuant to lump sum costs order – whether costs fair and reasonable – amount of discount to be applied – uplift for skill, care and responsibility – where proceedings urgent and factually complex |
| Date: 20 May 2025 Judge: PERRY J |
41. Save Wallum Incorporated v Clarence Property Corporation Limited (No 4) [2025] FCA 389
| EVIDENCE –application under r 39.04 of the Federal Court Rules 2011 to set aside evidential ruling excluding the opinion evidence of an expert witness – where expert witness cross-examined on their independence, impartiality and objectivity in |
| Date: 22 Apr 2025 Judge: PERRY J |
42. Charlie v State of Queensland [2025] FCAFC 55
| NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous |
| Date: 17 Apr 2025 Judge: PERRY, BURLEY AND SARAH C DERRINGTON JJ |
| COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause |
| Date: 11 Apr 2025 Judge: PERRY, MCEVOY AND MCDONALD JJ |
44. Elsharkawi v Minister for Immigration and Multicultural Affairs [2025] FCA 293
| MIGRATION – application for extension of time and leave to appeal – where primary judge’s reasons fail to include the reasons in the Minister’s submissions which the primary judge apparently intended to adopt – where the fact that |
| Date: 2 Apr 2025 Judge: PERRY J |
45. Kelly v Minister for the Environment and Water [2025] FCA 264
| ADMINISTRATIVE LAW – application for judicial review challenging the Minister’s decision not to make a declaration under s 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in relation to proposed reburial of 108 |
| Date: 28 Mar 2025 Judge: PERRY J |
46. BQM17 v Minister for Immigration and Multicultural Affairs [2025] FCA 302
| MIGRATION – appeal from decision of the Federal Circuit Court – no appearance by appellant – where first respondent applied for order under r 36.75 of the Federal Court Rules 2011 (Cth) – appeal dismissed for non-appearance |
| Date: 27 Mar 2025 Judge: PERRY J |
47. Krejci, in the matter of Sydney Exotic Aquariums Casula Pty Ltd (in liq) (No 2) [2025] FCA 211
| COSTS – examinee failed to attend Court in answer to an examination summons without reasonable cause – where arrest warrant to issue the next day absent further evidence of a reasonable excuse or attendance– application for indemnity costs |
| Date: 18 Mar 2025 Judge: PERRY J |
48. Save Wallum Incorporated v Clarence Property Corporation Limited (No 3) [2025] FCA 166
| PRACTICE AND PROCEDURE – application to recall expert witnesses – where concurrent evidence has been given by engineering experts – where joint expert report prepared in expert conclave expressed areas of agreement and disagreement – where |
| Date: 11 Mar 2025 Judge: Perry J |
49. Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2025] FCA 86
| PRACTICE AND PROCEDURE - where applicant has filed an application for annulment of bankruptcy pursuant to s 153B of the Bankruptcy Act 1966 (Cth) - interlocutory application by respondents for summary dismissal under s 31A of the Federal Court of |
| Date: 17 Feb 2025 Judge: PERRY J |
50. Comcare v DSLB [2025] FCAFC 13
| WORKERS COMPENSATION - appeal from decision of primary judge - construction of s 62 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether Comcare had power on its own motion to reconsider determination that was previously revoked |
| Date: 14 Feb 2025 Judge: LOGAN, PERRY AND HORAN JJ |
51. Rusanov v Commissioner of Taxation [2025] FCAFC 11
| Date: 12 Feb 2025 Judge: LOGAN, PERRY AND WHEATLEY JJ |
52. Save Wallum Incorporated v Clarence Property Corporation Limited (No 2) [2025] FCA 56
| PRACTICE AND PROCEDURE - application for leave to amend the respondent's further amended defence to raise a defence under s 43B of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - whether prejudice would be suffered by the |
| Date: 6 Feb 2025 Judge: PERRY J |
53. Sandilands v Registrar Parkyn [2025] FCA 41
| PRACTICE AND PROCEDURE - application for an extension of time to review a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing -- jurisdiction of the Court to review decisions of the Registrar -- |
| Date: 5 Feb 2025 Judge: PERRY J |
| COSTS - whether interveners liable for the applicants' costs in relation to the interveners' unsuccessful application for leave to adduce evidence - where intervention granted by consent - whether interveners were relevantly successful where issues |
| Date: 31 Jan 2025 Judge: PERRY J |
55. Mokhtar v Piscopo (No 2) [2025] FCA 21
| COSTS - applicant sought orders that the respondent trustee personally pay the applicant's costs - respondent sought no order as to costs - where applicant was successful in application for removal of respondent as trustee of the applicant's |
| Date: 28 Jan 2025 Judge: PERRY J |
56. Finau v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 8
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa - whether the Tribunal's decision denied the applicant procedural fairness by failing to advise the applicant of |
| Date: 20 Jan 2025 Judge: PERRY J |
57. Ramsay Health Care Australia Limited v President, Australian Human Rights Commission [2025] FCA 2
| HUMAN RIGHTS - construction of ss 46PF and 46PH(1) and (1B) of the Australian Human Rights Commission Act 1986 (Cth) (Act) - application for judicial review of a decision of the Australian Human Rights Commission (AHRC) terminating a complaint under |
| Date: 10 Jan 2025 Judge: PERRY J |
58. Ma v Secretary, Department of Social Services [2024] FCA 1467
| PRACTICE AND PROCEDURE - appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether notice of appeal raises questions of law - where some questions sought impermissible merits review ADMINISTRATIVE LAW - |
| Date: 18 Dec 2024 Judge: PERRY J |
59. Bates v Attorney General of New South Wales [2024] FCA 1439
| NATIVE TITLE - interlocutory application for removal of respondent parties pursuant to ss 84(8) or 84(9) of the Native Title Act 1993 (Cth) - interests of respondents and their purpose in seeking to remain as parties - whether respondents seek to |
| Date: 13 Dec 2024 Judge: PERRY J |
| CONTRACTS - appeal from dismissal of application for damages for breach or repudiation of contract - where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemptions - |
| Date: 11 Dec 2024 Judge: PERRY, MCEVOY and MCDONALD JJ |
61. Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2024] FCA 1405
| PRACTICE AND PROCEDURE -application for leave to issue a subpoena prior to hearing of interlocutory application for summary dismissal under s 31A Federal Court of Australia Act 1976 (Cth) - no apparent relevance of subpoena material to the |
| Date: 4 Dec 2024 Judge: PERRY J |
62. Karlsson v Griffith University [2024] FCAFC 150
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of the primary judge refusing to set aside a bankruptcy notice upon review of a decision of the Registrar - where the appellant's asserted counter-claim, set-off or cross demand under s 40(1)(g) of |
| Date: 22 Nov 2024 Judge: PERRY, BROMWICH AND RAPER JJ |
| BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - leave granted to amend defect or irregularity in the creditor's petition where no injustice has been caused by the defect or irregularity - debtor failed to comply with |
| Date: 21 Nov 2024 Judge: PERRY J |
64. JLW24 v Minister for Immigration and Multicultural Affairs [2024] FCA 1319
| MIGRATION - judicial review application of adverse security assessment made by the Director-General of Security for the purposes of a decision by the Minister for Immigration and Multicultural Affairs to cancel the applicant's visa under s 128 of |
| Date: 15 Nov 2024 Judge: PERRY J |
65. Qajar v Australian Human Rights Commission [2024] FCA 1292
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judgment dismissed application for leave to issue subpoenas - leave to appeal refused |
| Date: 8 Nov 2024 Judge: PERRY J |
66. Resolution Life Australasia Limited v Teagle [2024] FCAFC 140
| SUPERANNUATION - Appeal from decision of primary judge, where primary judge decided that AFCA had jurisdiction to determine a "superannuation complaint" under Division 3 of Part 7.10A of the Corporations Act 2001 (Cth) to which an insurer had been |
| Date: 1 Nov 2024 Judge: PERRY, DOWLING AND NEEDHAM JJ |
67. Warda v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1252
| COSTS - applicant sought order that the respondent pay the applicant's costs - respondent sought no order as to costs - where application resolved before a hearing on the merits - whether respondent surrendered or acted unreasonably |
| Date: 31 Oct 2024 Judge: PERRY J |
68. 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 |
69. Keane v Registrar of the Federal Court of Australia [2024] FCA 1204
| ADMINISTRATIVE LAW -- application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing -- jurisdiction of the Court to review decisions of the Registrar -- whether the |
| Date: 18 Oct 2024 Judge: PERRY J |
70. Ezekiel-Hart v Reis [2024] FCA 1203
| PRACTICE AND PROCEDURE - bankruptcy - security for costs application - stay application - whether respondent will be able to recover costs of the appeal if successful - whether reasonable prospects of success on appeal - whether the appeals will be |
| Date: 18 Oct 2024 Judge: PERRY J |
71. Tse v Evans as trustee in bankruptcy for Ngo (No 2) [2024] FCA 1020
| COSTS - application for costs against bankrupt - bankrupt not a party to the proceeding - consideration of principles relating to the grant of costs against a non-party - where trustees in bankruptcy do not relevantly stand in the shoes of the |
| Date: 4 Sep 2024 Judge: PERRY J |
72. Bedi v Edwards [2024] FCA 966
| COSTS - application for costs by non-party - power to award such costs - existence of exceptional circumstances to justify award of costs to interested person - costs awarded in part |
| Date: 30 Aug 2024 Judge: PERRY J |
73. Cornford v State Minister for the State of Queensland [2024] FCA 992
| NATIVE TITLE - non-claimant application under the Native Title Act 1993 (Cth) - determination sought under s 86G of the Native Title Act that no native title exists over the determination area - whether within power and appropriate to make orders |
| Date: 30 Aug 2024 Judge: PERRY J |
| PRACTICE AND PROCEDURE - whether the Court has jurisdiction to grant the declaratory relief sought - whether there is a "matter" for the purposes of Ch III of the Constitution - declarations sought that a that a registered "specialist |
| Date: 30 Aug 2024 Judge: PERRY J |
75. Electoral Commissioner of the Australian Electoral Commission v Laming [2024] FCAFC 109
| ELECTIONS - where the primary judge held that three posts on a Facebook page were electoral matter published in contravention of s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) in that they failed to disclose the name and relevant town or |
| Date: 23 Aug 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
76. Kum Sing on behalf of the Mitakoodi and Mayi People #5 v State of Queensland (No 3) [2024] FCA 935
| NATIVE TITLE - consent determination of native title under s 87A of the Native Title Act 1993 (Cth) - appropriate to make orders - nomination of prescribed body corporate - determination of native title made |
| Date: 22 Aug 2024 Judge: PERRY J |
| NATIVE TITLE - consent determination - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) - appropriate to make orders - nomination of prescribed body corporate - determination of native title made |
| Date: 14 Aug 2024 Judge: PERRY J |
| NATIVE TITLE - application to be joined as respondent - whether prospective respondent has an interest of the requisite kind - whether in the interests of justice to join party - native title application filed 12 years ago - delay in bringing the |
| Date: 13 Aug 2024 Judge: PERRY J |
79. Edmonds v Barrington Winstanley Group Pty Ltd [2024] FCA 821
| PRACTICE AND PROCEDURE - application to disqualify the respondent's legal representatives - summary of legal principles - appellants' evidence inadmissible on the basis they contain bare assertions of a scandalous nature - application dismissed |
| Date: 26 Jul 2024 Judge: PERRY J |
80. Stolyar v Scott (Trustee), in the matter of the bankrupt estate of Stolyar [2024] FCA 796
| PRACTICE AND PROCEDURE - application for dispensation from rule 4.01 of the Federal Court Rules 2011 - where proposed representative has a personal interest in the outcome of the case - dispensation not granted - leave granted for proposed |
| Date: 19 Jul 2024 Judge: PERRY J |
81. Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96
| COSTS - where the appellant appeals from a decision of a single judge of this Court to affirm a registrar's sequestration order against the appellant - where the appellant discontinued the appeal the day before the hearing and was deemed to have |
| Date: 16 Jul 2024 Judge: LOGAN, PERRY AND MEAGHER JJ |
82. Yan v Spyrakis (Trustee), in the matter of the bankrupt estate of Liu [2024] FCA 768
| PRACTICE AND PROCEDURE - application for leave to intervene pursuant to rule 2.03(1) of the Federal Court (Bankruptcy) Rules 2016 (Cth) - change of circumstances from the date the application for leave was filed to the date of the hearing - |
| Date: 16 Jul 2024 Judge: PERRY J |
83. Tse v Evans as trustee in bankruptcy for Ngo [2024] FCA 787
| BANKRUPTCY - application by liquidator for leave to proceed against bankrupt in Supreme Court proceeding pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) - principles applicable to exercise of discretion to grant leave to proceed - where |
| Date: 10 Jul 2024 Judge: PERRY J |
84. EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88
| PRACTICE AND PROCEDURE - where unsuccessful applicant ordered to pay the respondent's costs of the application - where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs - previous costs order set |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON AND HORAN JJ |
85. EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
| ADMINISTRATIVE LAW - freedom of information - appeal from Administrative Appeals Tribunal - where Australian Information Commissioner decided not to review decision of Department but referred review directly to Tribunal by s 57A(1)(b) of the Freedom |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON, HORAN JJ |
86. Ho v Minister for Health [2024] FCA 657
| ADMINISTRATIVE LAW - statutory construction - decision of the Minister for Health under s 90B(4) not to consider a request for the Minister to substitute a decision of the Secretary of the Department of Health and Aged Care refusing an application |
| Date: 21 Jun 2024 Judge: PERRY J |
| MIGRATION - appeal from Federal Circuit Court dismissing judicial review application of decision of Immigration Assessment Authority affirming decision not to grant appellant a protection visa - approach to construing Authority's reasons - meaning |
| Date: 21 Jun 2024 Judge: PERRY J |
88. Saffari v Latitude Financial Services Australia Holdings Pty Ltd [2024] FCA 573
| PRACTICE AND PROCEDURE - application for joinder of parties where no reasonable cause of action is pleaded against any proposed respondents - application for leave to amend originating application and to file a statement of claim - where no actual |
| Date: 4 Jun 2024 Judge: PERRY J |
89. Wang v Commissioner of Taxation [2024] FCA 585
| TAXATION - where the Administrative Appeals Tribunal affirmed the Commissioner of Taxation's decision not to allow the applicant's objection to a default assessment issued pursuant to s 167 of the Income Tax Assessment Act 1936 (Cth) - where the |
| Date: 4 Jun 2024 Judge: PERRY J |
90. Hassan (formerly described under the pseudonym AFX21) v Minister for Home Affairs [2024] FCA 527
| MIGRATION - where applicant was medically evacuated to Australia from offshore immigration detention in Papua New Guinea for urgent medical treatment - where applicant requested his removal to PNG under s 198(1) of the Migration Act 1958 (Cth) - |
| Date: 20 May 2024 Judge: PERRY J |
| PRACTICE AND PROCEDURE - whether advertisements by respondent union criticising staff/patient ratios and quality of care by applicant's hospitals should be restrained by interlocutory injunction pending final determination of the proceedings - where |
| Date: 17 May 2024 Judge: PERRY J |
92. Mokhtar v Piscopo [2024] FCA 493
| BANKRUPTCY - application by a bankrupt for order removing trustee pursuant to s 90-15 of the Insolvency Practice Schedule (Bankruptcy), Schedule 2 of the Bankruptcy Act 1966 (Cth) - consideration of principles governing removal of a trustee in |
| Date: 13 May 2024 Judge: PERRY J |
93. Secretary, Department of Social Services v Vader (by his litigation guardian) [2024] FCAFC 37
| SOCIAL SECURITY - appeal from decision of Federal Court of Australia, dismissing an appeal on a question of law from a decision of the Administrative Appeals Tribunal concerning eligibility for the disability support pension - where respondent does |
| Date: 18 Mar 2024 Judge: PERRY, CHARLESWORTH AND JACKSON JJ |
94. Quach v RU [2024] FCAFC 32
| PRACTICE AND PROCEDURE - where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable "matter" for the purposes of Chapter III of the Constitution - notice in accordance with s 78B of the Judiciary Act 1903 |
| Date: 12 Mar 2024 Judge: PERRY, MEAGHER AND SHARIFF JJ |
95. Secretary, Department of Health and Aged Care v Prefixx Pty Ltd [2024] FCA 153
| CORPORATIONS -- Liquidation -- whether s 237 of the Corporations Act applies when company in liquidation -- Chahwan v Euphoric Pty Ltd trading as Clay & Michel [2008] NSWCA 52 followed PRACTICE AND PROCEDURE -- Application seeking order pursuant to |
| Date: 28 Feb 2024 Judge: PERRY J |
96. Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCA 94
| PRACTICE AND PROCEDURE - appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether amended notice of appeal raises questions of law - where some questions sought impermissible merits review or vague and |
| Date: 16 Feb 2024 Judge: PERRY J |
97. Falaniko v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 111
| PRACTICE AND PROCEDURE - application to dismiss proceedings under rule 5.23 of the Federal Court Rules 2011 (Cth) for failure to prosecute and attend a hearing -where applicant has taken no active steps to prosecute proceedings since his |
| Date: 14 Feb 2024 Judge: PERRY J |
98. AAP20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 21
| MIGRATION - appeal from (then) Federal Circuit Court decision dismissing an application for judicial review - no error apparent in primary judge's decision, nor in Administrative Appeal Tribunal's (the Tribunal) decision - where appellant provided |
| Date: 19 Jan 2024 Judge: PERRY J |
99. Precious Family Day Care Pty Ltd v Secretary, Department of Education [2024] FCA 20
| ADMINISTRATIVE LAW - whether Administrative Appeals Tribunal denied the applicant procedural fairness- where Tribunal found that the person with management or control of the applicant was an "integral staff member" of Golden Heart Family Day Care |
| Date: 19 Jan 2024 Judge: PERRY J |
100. Commissioner of Taxation v Rawson Finances Pty Ltd (Costs) [2024] FCA 19
| COSTS -- application by Commissioner of Taxation for indemnity costs-- where applicant wholly successful in setting aside judgment of the Full Court of the Federal Court for fraud --whether indemnity costs should be awarded having regard to the |
| Date: 19 Jan 2024 Judge: PERRY J |
