Browse Federal Court JudgmentsBy Judge - Rangiah J |
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(Rangiah
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| PRACTICE AND PROCEDURE – application to strike out allegations of fraud in the applicant’s statement of claim – where applicant alleges non-disclosure of information by respondent amounted to fraud on the Fair Work Commission – where |
| Date: 16 Apr 2025 Judge: RANGIAH J |
| INDUSTRIAL LAW – contravention of s 50 of the Fair Work Act 2009 (Cth) – breach of obligation to back pay “applicable employees” under enterprise agreements – where applicant contends pecuniary penalties are necessary for deterrence – |
| Date: 7 Apr 2025 Judge: RANGIAH J |
3. Conradsen v Carpentaria Land Council Aboriginal Corporation (No 2) [2025] FCA 292
| PRACTICE AND PROCEDURE – application for extension of time to file a notice of appeal – extension granted EVIDENCE – interlocutory application to admit further evidence on appeal – material in existence but not before primary judge and newly |
| Date: 3 Apr 2025 Judge: RANGIAH J |
4. Sayed v National Disability Insurance Agency [2025] FCAFC 40
| ADMINISTRATIVE LAW – appeal from decision of primary judge – whether Administrative Appeals Tribunal had jurisdiction to review alleged decision of the National Disability Insurance Agency on internal review of decision to approve statement of |
| Date: 28 Mar 2025 Judge: RANGIAH, MCELWAINE AND HORAN JJ |
5. Elfar v Commonwealth of Australia [2025] FCA 245
| ADMINISTRATIVE LAW – application for declaratory orders – where applicant was subject to compulsory examination under the Australian Crime Commission Act 2002 (Cth) after being charged but before trial – where applicant was produced for |
| Date: 26 Mar 2025 Judge: RANGIAH J |
| INDUSTRIAL LAW – where union sought judicial review of judgment of the Full Bench of the Fair Work Commission (‘the Commission’) under s 425(1)(a) of the Fair Work Act 2009 (Cth) – where union submitted that the Commission erred by |
| Date: 25 Mar 2025 Judge: PERRAM, RANGIAH AND SHARIFF JJ |
7. Cumaiyi v Northern Territory of Australia [2025] FCA 244
| PRACTICE AND PROCEDURE – application for approval of discontinuance of representative proceedings – alleged unlawful racial discrimination pursuant to s 9(1) of the Racial Discrimination Act 1975 (Cth) – where parties have agreed to resolve |
| Date: 17 Mar 2025 Judge: RANGIAH J |
8. GFE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 193
| MIGRATION – where the applicant’s visa was cancelled by the respondent Minister under s 501BA of the Migration Act 1958 (Cth) (the Migration Act) – where mandatory cancellation of the applicant’s visa was revoked by a decision of the |
| Date: 17 Mar 2025 Judge: RANGIAH J |
9. Jolly v Sharma [2025] FCAFC 20
| INDUSTRIAL LAW — appeal – where the primary judge dismissed application for declaratory relief – whether rules of an industrial association impose conditions, obligations or restrictions that are oppressive, unreasonable or unjust – no |
| Date: 4 Mar 2025 Judge: RANGIAH, WHEELAHAN AND RAPER JJ |
| MIGRATION - where Administrative Appeals Tribunal (Tribunal) affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - whether Tribunal failed to consider representations made by appellant - whether |
| Date: 19 Feb 2025 Judge: RANGIAH, DERRINGTON AND ROFE JJ |
11. Lattouf v Australian Broadcasting Corporation [2025] FCA 62
| PRACTICE AND PROCEDURE - application for a suppression and non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) - whether the order is necessary to protect the safety of any person - that persons will be vilified or |
| Date: 3 Feb 2025 Judge: RANGIAH J |
12. Wood v Buckingham [2024] FCA 1447
| 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 - whether the original application and accompanying documents are frivolous, vexatious |
| Date: 17 Dec 2024 Judge: RANGIAH J |
| INDUSTRIAL LAW - whether the employees were an "eligible employee" within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) - whether Court in assessing "eligible employee" should confine its inquiries to the |
| Date: 16 Dec 2024 Judge: RANGIAH, CHARLESWORTH AND DOWLING JJ |
14. United Firefighters Union of Australia v Honourable Jaclyn Symes [2024] FCAFC 158
| APPEAL GROUNDS-application to amend grounds-point of statutory construction not taken below-proposed new grounds directly contrary to the appellant's trial case-prejudice to the respondents accepted-application dismissed |
| Date: 11 Dec 2024 Judge: RANGIAH, CHARLESWORTH AND MCELWAINE JJ |
15. Deputy Commissioner of Taxation v Peever [2024] FCA 1470
| PRACTICE AND PROCEDURE - urgent ex parte application for freezing orders under rr 7.32 and 7.35 of the Federal Court Rules 2011 (Cth) - good arguable case for final relief - danger of disposal or dissipation of assets - application granted |
| Date: 6 Dec 2024 Judge: RANGIAH J |
16. Official Trustee in Bankruptcy, in the matter of Sam Pos Pty Ltd (in liq) [2024] FCA 1350
| BANKRUPTCY AND INSOLVENCY - application by Official Trustee for directions under s 30 of the Bankruptcy Act 1966 (Cth) - where debt agreement administrator misappropriated monies paid by debtors - whether debt agreements have ended under s 185N of |
| Date: 25 Nov 2024 Judge: RANGIAH J |
| MIGRATION - application for judicial review - whether Tribunal erred in assessment of legal consequences of decision - whether Tribunal's assessment was illogical, irrational or unreasonable - whether Tribunal erred in finding that applicant's |
| Date: 7 Nov 2024 Judge: RANGIAH J |
18. Storry v Clout [2024] FCA 1274
| BANKRUPTCY AND INSOLVENCY - application by bankrupt for removal of trustee pursuant to s 90-15 of Schedule 2 of the Bankruptcy Act 1966 (Cth) - where applicant alleges that respondent breached trustees' duties by breaching s 116(2), acting in bad |
| Date: 7 Nov 2024 Judge: RANGIAH J |
19. Minister for Immigration, Citizenship and Multicultural Affairs v Pulini (No 2) [2024] FCA 1250
| COSTS - application for costs certificate - where the Court allowed the applicant's appeal against a decision of the Administrative Appeals Tribunal and ordered that the respondents pay the applicant's costs of the appeal - whether the Court should |
| Date: 29 Oct 2024 Judge: RANGIAH J |
20. Brar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1150
| MIGRATION - application for judicial review - whether Tribunal erred in its understanding of "conviction" - whether any error was material - whether Tribunal failed to comply with para 8.4(4)(f) of Direction 99 and s 499(2) of the Migration Act 1958 |
| Date: 18 Oct 2024 Judge: RANGIAH J |
| INDUSTRIAL LAW - assessment of penalties -contraventions of ss 46 and 52 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) |
| Date: 18 Oct 2024 Judge: RANGIAH J |
22. Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132
| INDUSTRIAL LAW -- application for judicial review of a decision of a Full Bench of the Fair Work Commission - whether the Commission erred in its construction of s 217 of the Fair Work Act 2009 (Cth) - where s 217(1)(a) authorises the Commission to |
| Date: 17 Oct 2024 Judge: RANGIAH, WHEELAHAN and SNADEN JJ |
23. Van Eps v Child Support Registrar [2024] FCAFC 127
| BANKRUPTCY AND INSOLVENCY - appeals -declaration that the applicant did not file application to set aside bankruptcy notice within time under s 41(7) of the Bankruptcy Act 1966 (Cth) - where application for adjournment refused - where application |
| Date: 26 Sep 2024 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
24. Attorney-General (Cth) v Patrick [2024] FCAFC 126
| FREEDOM OF INFORMATION - request for access to an official document of a Minister (the Attorney-General) - where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions - where a new |
| Date: 25 Sep 2024 Judge: RANGIAH, MOSHINSKY AND ABRAHAM JJ |
25. Parsons v Serco Citizen Services Pty Limited (No 2) [2024] FCA 1103
| INDUSTRIAL LAW - contravention of s 340(1) of the Fair Work Act 2009 (Cth) - assessment of penalties |
| Date: 19 Sep 2024 Judge: RANGIAH J |
26. Fair Work Ombudsman v Mining and Energy Union (The Oaky North Coal Mine Case) [2024] FCA 1093
| INDUSTRIAL LAW - industrial action - contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth) - penalties agreed - assessment of agreed penalties |
| Date: 19 Sep 2024 Judge: RANGIAH J |
27. Doyle on behalf of the Iman People #4 v State of Queensland [2024] FCA 1045
| NATIVE TITLE - application for consent determination of native title in part of the claim area |
| Date: 12 Sep 2024 Judge: RANGIAH J |
28. Stiller v Attorney-General [2024] FCA 1049
| ADMINISTRATIVE LAW - application for judicial review of decision by delegate of Attorney-General to refuse the applicant's release on parole - whether delegate failed to afford procedural fairness by not providing the applicant with an opportunity |
| Date: 11 Sep 2024 Judge: RANGIAH J |
29. Tera v New Zealand [2024] FCA 1011
| EXTRADITION - application for review - where the magistrate ordered that the applicant be surrendered to New Zealand - where applicant charged with serious sexual offences - where offences alleged to have occurred in the 1980s - where there was |
| Date: 6 Sep 2024 Judge: RANGIAH J |
30. Braun on behalf of the Jirrbal People #4 v State of Queensland (No 2) [2024] FCA 1018
| NATIVE TITLE - application for consent determination of native title in part of the claim area |
| Date: 6 Sep 2024 Judge: RANGIAH J |
31. Ryan v Transurban Limited [2024] FCA 994
| PRACTICE AND PROCEDURE - application for suppression order - where the parties have agreed to settle the proceeding - where the relevant documents have not been used in Court - whether suppression order necessary to prevent prejudice to the proper |
| Date: 19 Aug 2024 Judge: RANGIAH J |
32. Hempel (Wattyl) Australia Pty Ltd v United Workers Union [2024] FCAFC 98
| INDUSTRIAL LAW - appeal from South Australian Employment Court - where primary judge found that employer contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay employees their wages and entitlements in accordance with enterprise |
| Date: 22 Jul 2024 Judge: RANGIAH, SNADEN AND ABRAHAM JJ |
33. Parsons v Serco Citizen Services Pty Limited [2024] FCA 754
| INDUSTRIAL LAW - unlawful termination - whether the respondent contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against the applicant because he exercised workplace rights by making complaints - where the applicant's |
| Date: 11 Jul 2024 Judge: RANGIAH J |
34. Tabuarua v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 748
| MIGRATION - application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke the applicant's visa - whether applicant was denied procedural fairness arising from Tribunal acting contrary to Minister's |
| Date: 10 Jul 2024 Judge: RANGIAH J |
35. Briggs on behalf of the Wulli Wulli People #3 v State of Queensland (No 2) [2024] FCA 1530
| NATIVE TITLE – interlocutory application to remove a respondent pursuant to s 84(8) of the Native Title Act 1993 (Cth) – whether the respondent seeks to bring a representative claim – whether the respondent’s claim seeks to impugn previous |
| Date: 5 Jul 2024 Judge: RANGIAH J |
36. Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 710
| MIGRATION - application for judicial review - whether Tribunal misunderstood or failed to comply with para 8.3(4)(a)(i) of Direction 99 and s 499(2A) - whether Tribunal's reasoning was illogical or irrational -construction of para 8.3(4)(a)(i) of |
| Date: 4 Jul 2024 Judge: RANGIAH J |
| NATIVE TITLE - determination of separate question - extinguishment of native title - whether special leases were invalid - whether power to issue special leases was exclusively conferred on Minister under s 203 of the Land Act 1962 (Qld) - where |
| Date: 13 Jun 2024 Judge: RANGIAH J |
38. Cuzzubbo v Solgold Plc [2024] FCA 594
| PRACTICE AND PROCEDURE - interlocutory application - deemed service - substituted service - whether practicable for applicant to effect personal service in accordance with Hague Convention - whether documents brought to respondent's attention - |
| Date: 7 Jun 2024 Judge: RANGIAH J |
39. Minister for Immigration, Citizenship and Multicultural Affairs v Pulini [2024] FCA 541
| CITIZENSHIP - appeal from Administrative Appeals Tribunal (Tribunal) - where Tribunal set aside Minister's decisions to revoke respondents' citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) - where Tribunal satisfied under s 34(2 |
| Date: 24 May 2024 Judge: RANGIAH J |
40. Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa - where delegate concluded that the "best interests of children" consideration weighed in favour of revocation - |
| Date: 24 May 2024 Judge: RANGIAH, THAWLEY AND SHARIFF JJ |
| INDUSTRIAL LAW - whether employers contravened ss 50 and 323 of the Fair Work Act 2009 (Cth) - interpretation of enterprise agreement - where employers refused to pay employees for the periods they were engaged in protected industrial action - |
| Date: 15 May 2024 Judge: RANGIAH J |
42. Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 4) [2024] FCA 425
| NATIVE TITLE - appropriate orders where native title found not to exist - whether a negative determination should be made - where Court satisfied that native title does not exist in part of the claim area - where possibility of another claim in that |
| Date: 30 Apr 2024 Judge: RANGIAH J |
43. Azimitabar v Commonwealth of Australia [2024] FCAFC 52
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for damages arising from the alleged unlawful detention of the appellant at the Mantra Bell City Hotel and the Park Hotel (the Hotels) - |
| Date: 26 Apr 2024 Judge: RANGIAH, ANDERSON AND BUTTON JJ |
44. Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51
| INDUSTRIAL LAW - application for judicial review of decisions of the Full Bench of the Fair Work Commission - where Full Bench granted extension of time to appeal and permission to appeal against decision to approve enterprise agreement and upheld |
| Date: 22 Apr 2024 Judge: COLLIER, RANGIAH AND CHARLESWORTH JJ |
45. CPB Contractors Pty Ltd v Construction, Forestry and Maritime Employees Union (No 2) [2024] FCA 460
| INDUSTRIAL LAW - where applicant's application in this Court for interlocutory injunctions was dismissed - where applicant then commenced proceeding in the Fair Work Commission for substantially the same relief - where respondents then sought |
| Date: 20 Apr 2024 Judge: RANGIAH J |
46. Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399
| PRACTICE AND PROCEDURE - application for leave to institute proceeding where applicant subject to vexatious proceeding order - whether application for leave and supporting affidavit substantially comply with statutory requirements - whether proposed |
| Date: 19 Apr 2024 Judge: RANGIAH J |
47. CPB Contractors Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 459
| INDUSTRIAL LAW - application for interlocutory injunctions - where applicant alleges interference with protected action ballots - whether prima facie case demonstrated - meaning of hinder or obstruct - whether balance of convenience favours granting |
| Date: 19 Apr 2024 Judge: RANGIAH J |
48. BZE21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 371
| MIGRATION - appeal against decision of Federal Circuit and Family Court of Australia - whether primary judge erred in finding no jurisdictional error by Administrative Appeals Tribunal - where Tribunal affirmed decision not to grant protection visa - |
| Date: 16 Apr 2024 Judge: RANGIAH J |
49. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49
| NATIONAL NATIVE TITLE TRIBUNAL - appeal - appropriate orders for remittal of proceeding where appeal allowed on one ground only - s 169(7) Native Title Act 1993 (Cth) - order made remitting matter to heard by the National Native Title Tribunal |
| Date: 12 Apr 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN J |
50. Comcare v Simeoni [2024] FCAFC 31
| WORKERS' COMPENSATION - appeal against decisions of Administrative Appeals Tribunal - whether Tribunal failed to consider evidence of expert witness - whether inference available that expert evidence was considered immaterial or of no weight - |
| Date: 15 Mar 2024 Judge: RANGIAH, HALLEY AND O'SULLIVAN JJ |
51. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26
| NATIVE TITLE - appeal from determination of the National Native Title Tribunal that future act may be done with conditions under Native Title Act 1993 (Cth) (NTA) - whether Tribunal incorrectly applied the test for negotiations in good faith |
| Date: 6 Mar 2024 Judge: MORTIMER CJ, RANGIAH AND O'BRYAN JJ |
52. Electoral Commissioner of the Australian Electoral Commission v Fisher [2024] FCA 110
| PRACTICE AND PROCEDURE - interlocutory application - substituted service - whether practicable for the applicant to effect personal service - whether alternative method of service will in all reasonable probability bring documents to respondent's |
| Date: 21 Feb 2024 Judge: RANGIAH J |
53. Comcare v Friend [2024] FCAFC 4
| ADMINISTRATIVE LAW - appeal - jurisdiction - where the proceeding below was commenced by originating application for judicial review of two purported decisions under s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) - |
| Date: 1 Feb 2024 Judge: RANGIAH, WHEELAHAN AND GOODMAN JJ |
54. Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199
| MIGRATION - Migration Act 1958 (Cth) - where Minister refused to revoke cancellation of visa - where primary judge found no jurisdictional error - whether Minister denied appellant procedural fairness - whether Minister failed to adequately engage |
| Date: 14 Dec 2023 Judge: RANGIAH, DOWNES AND KENNETT JJ |
55. Registrar of the Federal Court of Australia v Mensink (Stay Application) [2023] FCA 1581
| PRACTICE AND PROCEDURE - application for stay or dismissal of proceedings - whether respondent was effectively served - whether all attempts of personal service must have been made and failed before order for substituted service can be effective - |
| Date: 14 Dec 2023 Judge: RANGIAH J |
56. Weir v Telstra Limited [2023] FCAFC 196
| HUMAN RIGHTS - whether primary judge erred by refusing leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) - whether it was reasonably arguable that the respondents breached ss 28G and 28L of |
| Date: 14 Dec 2023 Judge: COLLIER ACJ, RANGIAH AND THOMAS JJ |
57. Shaw v NM Superannuation Pty Ltd (AMP) [2023] FCA 1582
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - application dismissed |
| Date: 7 Dec 2023 Judge: RANGIAH J |
58. Inspector-General in Bankruptcy v Sam Pos Pty Ltd [2023] FCA 1621
| PRACTICE AND PROCEDURE - application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) - where respondents have not complied with an order of the Court - where respondents have not attended a hearing in the proceeding - where |
| Date: 6 Dec 2023 Judge: RANGIAH J |
59. Toogood v Gott [2023] FCA 1521
| APPEAL AND NEW TRIAL - whether the primary judge denied the appellants procedural fairness - whether the primary judge failed to provide adequate reasons for judgment BANKRUPTCY AND INSOLVENCY - whether creditor's petition had lapsed - whether |
| Date: 6 Dec 2023 Judge: RANGIAH J |
60. Hatfield on behalf of the Darumbal People v State of Queensland [2023] FCA 1480
| NATIVE TITLE - application for consent determination of native title in part of the claim area |
| Date: 1 Dec 2023 Judge: RANGIAH J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia ("FCA") - right of union official "permit holder" to enter employer's premises for the purpose of holding discussions - refusal of entry - hindrance or obstruction of permit |
| Date: 14 Nov 2023 Judge: BROMBERG, RANGIAH AND SNADEN JJ |
62. Ogawa v Buckingham (No 2) [2023] FCA 1387
| PRACTICE AND PROCEDURE - Federal Court of Australia Rules 2011 - application under r 39.05(a) to set aside judgment - where applicant did not appear at hearing - application dismissed |
| Date: 13 Nov 2023 Judge: RANGIAH J |
63. Ogawa v Stewart (No 3) [2023] FCA 1386
| PRACTICE AND PROCEDURE - Federal Court of Australia Rules 2011 - application under r 39.05(a) to set aside judgment - where applicant did not appear at hearing - application dismissed |
| Date: 13 Nov 2023 Judge: RANGIAH J |
64. Cooper v Selection Steel Trading Pty Ltd [2023] FCA 1393
| PRACTICE AND PROCEDURE - application for dismissal of appeal under r 36.74 - where appellant has not complied with orders - where appellant has failed to appear at hearings related to the appeal - appeal dismissed |
| Date: 9 Nov 2023 Judge: RANGIAH J |
65. Electoral Commissioner of the Australian Electoral Commission v Laming (No 3) [2023] FCA 1385
| COSTS - whether the Court should refrain from determining costs pending appeal - where applicant had partial success - respondent to pay 60% of applicant's costs |
| Date: 7 Nov 2023 Judge: RANGIAH J |
| MIGRATION - Migration Act 1958 (Cth) - where Administrative Appeals Tribunal affirmed the Minister's decision not to revoke cancellation of visa - where primary judge found no jurisdictional error - whether the Tribunal overlooked "health" issue |
| Date: 1 Nov 2023 Judge: LOGAN, RANGIAH AND MARKOVIC JJ |
| INDUSTRIAL LAW - s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 - whether respondents organised unlawful industrial action - whether directions to cease work under s 85 Work Health and Safety Act 2011 (Qld) were |
| Date: 30 Oct 2023 Judge: RANGIAH J |
68. eSafety Commissioner v Rotondo (No 2) [2023] FCA 1351
| PRACTICE AND PROCEDURE - r 42.14 of the Federal Court Rules 2011 (Cth) - where respondent charged with contempt of court - application for issue of warrant - whether Court satisfied that it is likely that the respondent will abscond or otherwise |
| Date: 27 Oct 2023 Judge: RANGIAH J |
69. Storry v Parkyn [2023] FCA 1141
| ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision to refuse to accept documents for filing - application dismissed |
| Date: 21 Sep 2023 Judge: RANGIAH J |
70. Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 3) [2023] FCA 1114
| NATIVE TITLE - application for consent determination of native title in part of the claim area |
| Date: 21 Sep 2023 Judge: RANGIAH J |
71. O'Connor v Construction, Forestry, Mining, Maritime and Energy Union [2023] FCAFC 151
| INDUSTRIAL LAW - application for judicial review of a decision of the Full Bench of the Fair Work Commission dismissing applicant's application under s 94 of the Fair Work (Registered Organisations) Act 2009 (Cth) for secret ballot to be held to |
| Date: 8 Sep 2023 Judge: RANGIAH, WHEELAHAN AND RAPER JJ |
72. Ferrigno v Qantas Airways Limited [2023] FCA 1044
| PRACTICE AND PROCEDURE - application for non-lawyer to represent applicants - where applicants executed enduring powers of attorney authorising non-lawyer to represent them at trial - application dismissed |
| Date: 18 Aug 2023 Judge: RANGIAH J |
73. BDXN v Minister for Home Affairs [2023] FCA 951
| MIGRATION - Migration Act 1958 (Cth) - application for extension of time for judicial review of decision made under s 501CA(4) - where application 12 months out of time - whether adequate explanation for delay - where no reasonable prospects of |
| Date: 15 Aug 2023 Judge: RANGIAH J |
74. Stuart v State of South Australia [2023] FCAFC 131
| APPEAL AND NEW TRIAL - NATIVE TITLE - appeal from orders made on overlapping native title determination applications - claims brought on behalf of the Arabana people and the Walka Wani people - trial judge finding the ancestors of the Arabana people |
| Date: 14 Aug 2023 Judge: RANGIAH, CHARLESWORTH AND O'BRYAN JJ |
75. Electoral Commissioner of the Australian Electoral Commission v Laming (No 2) [2023] FCA 917
| PARLIAMENTARY ELECTIONS (CTH) - Commonwealth Electoral Act 1918 (Cth) - whether respondent contravened s 321D(5) by communicating electoral matter on a Facebook page without disclosure of his name and town or city - whether communications were of |
| Date: 9 Aug 2023 Judge: RANGIAH J |
| MIGRATION - Migration Act 1958 (Cth) - where Administrative Appeals Tribunal affirmed the Minister's decision not to revoke cancellation of visa - where primary judge found no jurisdictional error - whether the Tribunal overlooked "health" issue |
| Date: 26 Jul 2023 Judge: LOGAN, RANGIAH AND GOODMAN JJ |
77. Dahdah v Platinum Distributors Australia Pty Ltd (Costs) [2023] FCAFC 102
| COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) (FW Act) - no reasonable prospects of success on the appeal - appeal instituted without reasonable cause (s 570(2)(a) of the FW Act) - maintenance of the appeal was an |
| Date: 30 Jun 2023 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
78. BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101
| PRACTICE AND PROCEDURE - Appeal from interlocutory orders to strike out parts of the appellant's amended statement of claim - where summary judgment was given in favour of the respondent in respect of the causes of action arising from those |
| Date: 29 Jun 2023 Judge: RANGIAH, BROMWICH AND CHEESEMAN JJ |
79. Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 3) [2023] FCA 600
| NATIVE TITLE - determination of separate questions - whether native title exists in the claim area - whether claim group held rights and interests in the claim area at sovereignty - whether claim group were part of a regional society at sovereignty - |
| Date: 15 Jun 2023 Judge: RANGIAH J |
80. Ogawa v Stewart (No 2) [2023] FCA 661
| PRACTICE AND PROCEDURE - application for disqualification on ground of apprehended bias - whether any reasonable apprehension of bias arises - application dismissed |
| Date: 14 Jun 2023 Judge: RANGIAH J |
81. SADF v National Disability Insurance Agency [2023] FCA 557
| ADMINISTRATIVE LAW - application for leave to appeal - where primary judge ordered that applicant be removed as litigation representative for daughter - whether decision is attended with sufficient doubt - whether substantial injustice would result |
| Date: 2 Jun 2023 Judge: RANGIAH J |
82. Australian Securities and Investments Commission v Layaway Depot Pty Ltd [2023] FCA 1685
| CONSUMER LAW - sale of goods by instalments - engaging in credit activities without a licence - annual cost rate of credit contracts - breach of key requirement - agreed relief - declaration - injunction - civil penalty - consideration of |
| Date: 29 May 2023 Judge: RANGIAH J |
83. Dahdah v Platinum Distributors Australia Pty Ltd [2023] FCAFC 65
| INDUSTRIAL LAW - claim for unpaid wages and entitlements under the Fair Work Act 2009 (Cth) - where primary judge's central findings based heavily upon findings as to credit - whether the primary judge erred by making findings contrary to |
| Date: 5 May 2023 Judge: RANGIAH, GOODMAN AND MCELWAINE JJ |
84. Ogawa v Buckingham [2023] FCA 287
| PRACTICE AND PROCEDURE - where applicant failed to appear - proceeding dismissed |
| Date: 27 Mar 2023 Judge: RANGIAH J |
85. Ogawa v Stewart [2023] FCA 286
| PRACTICE AND PROCEDURE - where applicant failed to appear - proceeding dismissed |
| Date: 27 Mar 2023 Judge: RANGIAH J |
86. Braun v St Vincent's Private Hospital Northside Ltd [2023] FCA 166
| PRACTICE AND PROCEDURE - application for leave to amend originating application and statement of claim - where proposed amendments claim relief for breaches of State statutes - where State Act provides that jurisdiction is conferred exclusively on |
| Date: 7 Mar 2023 Judge: RANGIAH J |
87. Its Eco Pty Ltd v BPS Financial Limited (No 2) [2023] FCA 110
| PRACTICE AND PROCEDURE - application for temporary stay of proceedings - where concurrent civil proceedings and civil penalty proceedings - where substantive overlap of issues in civil proceedings - whether risk of prejudice to respondents' defence |
| Date: 20 Feb 2023 Judge: RANGIAH J |
88. Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman [2023] FCA 72
| INDUSTRIAL LAW - Fair Work Act 2009 (Cth) - appeal against quantum of penalties - where Commissioner conceded three grounds of appeal - redetermination of penalties - whether Court can take into account utilitarian value of admissions - which past |
| Date: 10 Feb 2023 Judge: RANGIAH J |
89. Pearson v Minister for Home Affairs (No 2) [2023] FCAFC 4
| MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds - where mandatory cancellation found to be invalid COSTS - |
| Date: 24 Jan 2023 Judge: ALLSOP CJ, RANGIAH AND SARAH C DERRINGTON JJ |
| MIGRATION - Application for extension of time to review decision of the Minister to cancel applicant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - where Minister set aside decision of AAT - whether Minister's state of satisfaction that |
| Date: 24 Jan 2023 Judge: RANGIAH J |
91. Pearson v Minister for Home Affairs [2022] FCAFC 203
| MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds - where invitation did not crystallise the time period to |
| Date: 22 Dec 2022 Judge: ALLSOP CJ, RANGIAH AND SARAH C DERRINGTON JJ |
| MIGRATION - application to Administrative Appeals Tribunal for review of non-revocation decision - whether the Tribunal denied applicant procedural fairness by raising doubts about paternity of child contrary to delegate's findings without notifying |
| Date: 19 Dec 2022 Judge: RANGIAH J |
93. Amory v RMS Engineering & Construction Pty Ltd [2022] FCA 1505
| REPRESENTATIVE PROCEEDINGS - Application for approval of settlement - applicable principles - whether proposed settlement is fair and reasonable in the interests of the group members - settlement approved |
| Date: 16 Dec 2022 Judge: RANGIAH J |
| MIGRATION - Application for judicial review of non-revocation decision - whether the Administrative Appeals Tribunal failed to give proper, genuine and realistic consideration to the applicant's claim that removal would cause the applicant to suffer |
| Date: 9 Dec 2022 Judge: RANGIAH J |
95. Picos v Council of the Law Society of New South Wales [2022] FCA 1457
| PRACTICE AND PROCEDURE - Application for recusal on the basis of apprehended bias - where appellant contends Judge appears to favour respondents - application dismissed |
| Date: 29 Nov 2022 Judge: RANGIAH J |
| PRACTICE AND PROCEDURE - whether applicant should be granted leave to re-open case to raise a new ground after conclusion of final hearing and judgment reserved - application for judicial review of Tribunal's decision not to revoke cancellation of |
| Date: 29 Nov 2022 Judge: RANGIAH J |
97. Elfar (formerly EGS21) v Commonwealth of Australia [2022] FCA 1402
| PRACTICE AND PROCEDURE - Application for preliminary discovery under r 7.23 of the Federal Court Rules 2011 (Cth) - potential right to relief arising from conduct of a compulsory examination under the Australian Crime Commission Act 2002 (Cth) - |
| Date: 25 Nov 2022 Judge: RANGIAH J |
| MIGRATION - Application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke cancellation of applicant's visa - Tribunal failed to consider relevant known views of minor child - Tribunal failed to |
| Date: 11 Nov 2022 Judge: RANGIAH J |
| MIGRATION - Application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke the applicant's visa - whether Tribunal failed to consider applicant's claim that minor children would be deprived of |
| Date: 4 Nov 2022 Judge: RANGIAH J |
100. Mbuzi v Hird [2022] FCA 1285
| PRACTICE AND PROCEDURE - Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss application for review of Registrar's decision - where Registrar refused to accept an originating application for filing on the |
| Date: 31 Oct 2022 Judge: RANGIAH J |
