Browse Federal Court JudgmentsBy Judge - Perry J |
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(Perry
J)
: 511
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1. 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 |
2. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. Rusanov v Commissioner of Taxation [2025] FCAFC 11
| Date: 12 Feb 2025 Judge: LOGAN, PERRY AND WHEATLEY JJ |
12. 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 |
13. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
21. 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 |
22. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
32. 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 |
33. 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 |
35. 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 |
36. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
48. 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 |
49. 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 |
50. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. North East Forest Alliance Inc v Commonwealth of Australia [2024] FCA 5
| ENVIRONMENTAL LAW -- construction of the Regional Forest Agreement Act 2002 (Cth) (RFA Act) -- where a Variation Deed extended the existing Regional Forest Agreement for North East New South Wales (the NE RFA) -- whether the varied NE RFA was still |
| Date: 10 Jan 2024 Judge: PERRY J |
62. Wilson v State of Victoria [2023] FCAFC 204
| PRACTICE AND PROCEDURE -- application for leave to appeal from summary judgment - application for extension of time within which to seek leave to appeal - where before the primary judge the applicants alleged invalidity of measures relating to the |
| Date: 22 Dec 2023 Judge: LOGAN, PERRY AND O'SULLIVAN JJ |
| ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES - native title - appeal from finding that native title did not exist - where appellant found unable to establish current claim group constituted a normative society united in and by a body of laws and |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
64. McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191
| NATIVE TITLE - appeal from adverse determination of questions as to whether native title exists in relation to any land and waters of the claim area in partially overlapping claim - where no lay evidence led below in relation to issues arising under |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
65. BXA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1513
| PRACTICE AND PROCEDURE - application for an extension of time - where any appeal would have insufficient prospects of success - application dismissed MIGRATION - where no apparent error in the primary judge's consideration of the grounds of review - |
| Date: 1 Dec 2023 Judge: PERRY J |
66. JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466
| PRACTICE AND PROCEDURE - application for an extension of time under s 477A(2) of the Migration Act 1958 (Cth) - proposed second application for judicial review of a decision of the Administrative Appeals Tribunal - consideration of principles where |
| Date: 24 Nov 2023 Judge: PERRY J |
67. Skiba v Australian Information Commissioner [2023] FCA 1467
| PRACTICE AND PROCEDURE - whether a final costs order is interlocutory in nature such that an appeal from a costs order requires leave to appeal under s 24(1A) of the Federal Court of Australia Act 1976 (Cth) - held: a final costs order is final in |
| Date: 24 Nov 2023 Judge: PERRY J |
68. BEP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1388
| EVIDENCE - affidavit annexing legal advice and visa interview transcript sought to be read - whether the appellant intended to waive legal professional privilege - new evidence on appeal PRACTICE AND PROCEDURE - application for an adjournment - |
| Date: 10 Nov 2023 Judge: PERRY J |
69. DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177
| MIGRATION - whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant's subjective fear of harm as a relevant element of the complementary protection |
| Date: 10 Nov 2023 Judge: PERRY, ABRAHAM AND GOODMAN JJ |
70. Naveed v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1332
| PRACTICE AND PROCEDURE - application for an adjournment - where applicant claims he is unable to attend hearing due to mental health illness - where no medical evidence in support of application, despite repeated opportunities and adjournments to |
| Date: 1 Nov 2023 Judge: PERRY J |
71. AHF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1283
| PRACTICE AND PROCEDURE - application for extension of time to appeal from (then) Federal Circuit Court decision dismissing an application for judicial review - consideration of principles where there has been a significant delay (here over 4 years) |
| Date: 25 Oct 2023 Judge: PERRY J |
72. Bloc Constructions (ACT) Pty LTD v ABS Facade (ACT) Pty Ltd [2023] FCA 1282
| ADMINISTRATIVE LAW -- where the applicant and first respondent entered into a construction contract -- where adjudicator made an adjudication determination between the applicant and first respondent -- whether the adjudicator's decision was invalid |
| Date: 25 Oct 2023 Judge: PERRY J |
73. FHZ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1189
| MIGRATION - where application for Safe Haven Enterprise Visa refused by Immigration Assessment Authority on fast track review - whether Authority erred in failing to exercise the discretion in s 473DC of the Migration Act to get further information - |
| Date: 6 Oct 2023 Judge: PERRY J |
74. Yoong v Director, Professional Services Review [2023] FCA 1186
| ADMINISTRATIVE LAW - where the Director of the Professional Services Review issued a notice to produce under s 89B of the Health Insurance Act 1973 (Cth) (the HI Act) in the course of a review of the provision of services by the applicant during the |
| Date: 6 Oct 2023 Judge: PERRY J |
75. Axicom Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2023] FCA 1069
| STATUTORY INTERPRETATION - judicial review of assessment of a "participating person's eligible revenue for an eligible revenue period" under the Telecommunications Act and Telecommunications (Eligible Revenue) Determination (ER Determination) - |
| Date: 8 Sep 2023 Judge: PERRY J |
76. GDV18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 946
| COSTS - appeal allowed on new ground not advanced before primary judge - appellant awarded costs of appeal - no general principle that in those circumstances adverse costs order in court below should not be disturbed - costs order below not |
| Date: 11 Aug 2023 Judge: PERRY J |
77. FGQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 944
| MIGRATION - where application for Safe Haven Enterprise Visa refused by Immigration Assessment Authority (IAA) on fast track review - whether IAA erred in failing to consider the exercise of, or in failing to exercise, the discretion in s 473DC of |
| Date: 11 Aug 2023 Judge: PERRY J |
| COSTS - where appeal was dismissed - where issue was raised by Court regarding jurisdiction - further submissions invited and matter listed for a second day - where court determined that it had jurisdiction - appellants ordered to pay respondents' |
| Date: 10 Aug 2023 Judge: PERRY, DOWNES AND KENNETT JJ |
79. Chadwick v State of New South Wales [2023] FCA 945
| PRACTICE AND PROCEDURE - jurisdiction - where appellant had a complaint pending before the Australian Human Rights Commission alleging that acts by the respondents in seeking to terminate her social housing tenancy agreement amounted to unlawful |
| Date: 8 Aug 2023 Judge: PERRY J |
80. AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2023] FCAFC 118
| ADMINISTRATIVE LAW - where the Australian Financial Complaints Authority Limited ('AFCA') determined that the second respondent's complaint was partially within the Australian Financial Complaints Authority Complaint Resolution Scheme Rules - where |
| Date: 28 Jul 2023 Judge: PERRY, DOWNES AND KENNETT JJ |
| CONSUMER LAW - pecuniary penalties - assessment of appropriate penalties to be applied following liability judgment in Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) |
| Date: 28 Jul 2023 Judge: PERRY J |
| PRACTICE AND PROCEDURE - application to vary or set aside order as to costs on the ground it was made in the made in the absence of a party - circumstances in which the power under r 39.05, Federal Court Rules may be exercised - where no evidence |
| Date: 21 Jul 2023 Judge: PERRY J |
83. BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111
| MIGRATION - challenge to Minister's decision under s 501A(2) of the Migration Act, to refuse to grant a protection visa to the appellant on the ground that it was not in the national interest - where Minister did not consider consequence of |
| Date: 14 Jul 2023 Judge: PERRY, BROMWICH and KENNETT JJ |
84. DBE19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 779
| MIGRATION - appeal against Federal Circuit Court decision refusing application for judicial review of decision by Immigration Assessment Authority - whether Authority failed to have regard to the appellant's subjective fear of harm - whether |
| Date: 7 Jul 2023 Judge: PERRY J |
85. BKTS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 729
| MIGRATION - where applicant is a citizen of South Sudan with multiple disabilities in respect of whom a protection finding has been made - where involuntary removal to South Sudan is prohibited by s 197C(3), Migration Act - where Administrative |
| Date: 30 Jun 2023 Judge: PERRY J |
86. DCW19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 675
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from (then) Federal Circuit Court decision dismissing an application to reinstate proceedings - application dismissed |
| Date: 15 Jun 2023 Judge: PERRY J |
87. Commissioner of Taxation v Rawson Finances Pty Ltd [2023] FCA 617
| TAXATION - application by Commissioner of Taxation to set aside judgment of the Full Court of the Federal Court on the basis it was procured by fraud - where Commissioner of Taxation issued assessments on basis that alleged loans by the taxpayer |
| Date: 9 Jun 2023 Judge: PERRY J |
88. 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 |
89. McKenzie v Commonwealth Superannuation Corporation [2023] FCA 396
| STATUTORY INTERPRETATION - Defence Force Retirement and Death Benefits Act 1973 (Cth) - construction of the terms "on" and "after" in s 24(3)(b) of the Defence Force Retirement and Death Benefits Act - whether election for commutation has the effect |
| Date: 2 May 2023 Judge: PERRY J |
90. Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60
| ADMINISTRATIVE LAW - appeal against decision of the Administrative Appeals Tribunal affirming decision to revoke applicant's approval as a provider of aged care pursuant to s 10-3(1) of the Aged Care Act 1997 (Cth) - where Tribunal found applicant |
| Date: 24 Apr 2023 Judge: PERRY, MEAGHER AND KENNETT JJ |
91. Frigger v Trenfield (No 14) [2023] FCA 307
| BANKRUPTCY - application for leave to appeal from a decision granting an application for security for costs - where applicants are discharged bankrupts - where security for costs order already satisfied and amount already paid into court - whether |
| Date: 5 Apr 2023 Judge: PERRY J |
92. BXK17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 278
| MIGRATION - appeal from the (then) Federal Circuit Court decision dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister's delegate not to grant the appellants |
| Date: 29 Mar 2023 Judge: PERRY J |
93. CMW22 v Administrative Appeals Tribunal [2023] FCA 262
| PRACTICE AND PROCEDURE - where appellant filed notice of appeal from summary dismissal decision in the Federal Circuit and Family Court of Australia (Division 2) - where leave to appeal was required by s 24(1A) of the Federal Court of Australia Act |
| Date: 24 Mar 2023 Judge: PERRY J |
94. Przybylowski v Australian Human Rights Commission [2023] FCA 177
| ADMINISTRATIVE LAW - application for leave to appeal from a decision of a single judge of the Federal Court summarily dismissing an application for judicial review of a decision by the Australian Human Rights Commission - where applicant sought |
| Date: 7 Mar 2023 Judge: PERRY J |
95. Kikuyu v Minister for Health NSW [2023] FCAFC 36
| CONSTITUTIONAL LAW - whether inconsistency between Commonwealth and State laws - where Biosecurity Act 2015 (Cth) allowed concurrent operation of State and Territory laws with limited specified exceptions - where Public Health Act 2010 (NSW) |
| Date: 27 Feb 2023 Judge: RARES, PERRY AND RAPER JJ |
96. National Disability Insurance Agency v Foster [2023] FCAFC 11
| ADMINISTRATIVE LAW - National Disability Insurance Scheme - Disability requirements - whether respondent had substantially reduced functional capacity to undertake the activity of "self-care" within the meaning of s 24(1)(c) of the National |
| Date: 17 Feb 2023 Judge: KATZMANN, PERRY AND SARAH C DERRINGTON JJ |
97. Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 10
| MIGRATION - appeal from Federal Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming decision not to revoke cancellation decision - application for judicial review also before |
| Date: 14 Feb 2023 Judge: PERRY, DERRINGTON AND THAWLEY JJ |
98. Commissioner of Taxation v Guardian AIT Pty Ltd ATF Australian Investment Trust [2023] FCAFC 3
| TAXATION - appeal from judgment of a single judge to set aside taxation decision under Part IVC of the Taxation Administration Act 1953 (Cth) (TAA 1953) - application of s 100A of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) - whether |
| Date: 24 Jan 2023 Judge: PERRY, DERRINGTON AND HESPE JJ |
| MIGRATION - appeal from (then) Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister's delegate not to grant the appellant a |
| Date: 18 Jan 2023 Judge: PERRY J |
100. Fulton v Chief of the Defence Force [2022] FCA 1582
| DEFENCE AND WAR - application for review of decision by delegate of Chief of the Defence Force - termination of service with Defence Force pursuant to reg 24(1)(c), Defence Regulation 2016 - whether termination decision vitiated by breach of |
| Date: 22 Dec 2022 Judge: PERRY J |
