Browse Federal Court JudgmentsBy Judge - Raper J |
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1. Reurich v Savills (SA) Pty Ltd [2025] FCA 420
| DISCRIMINATION LAW – where the applicant was barred, then repeatedly barred from access to premises (a shopping centre) – whether the applicant was directly or indirectly discriminated by the first and second respondents by reason of his |
| Date: 30 Apr 2025 Judge: RAPER J |
| INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how |
| Date: 29 Apr 2025 Judge: COLLIER, SNADEN AND RAPER JJ |
3. Paco Nominees Pty Ltd v Ella Secret Australia Pty Ltd (Default Judgment) [2025] FCA 366
| TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the |
| Date: 16 Apr 2025 Judge: RAPER J |
4. Yu v ACT Education Directorate [2025] FCA 335
| INDUSTRIAL LAW – the appellant was employed by the respondent under the terms of an enterprise agreement – the respondent was found on appeal by a Full Court to have breached s 50 of the Fair Work Act 2009 (Cth) by contravening cll A2.2, R2.9 |
| Date: 9 Apr 2025 Judge: RAPER J |
5. DZU19 v Minister for Immigration and Multicultural Affairs [2025] FCA 300
| MIGRATION – appeal from a decision of the former Federal Circuit Court of Australia dismissing the appellant’s application for judicial review of the decision of the Immigration Assessment Authority which had affirmed the decision of the |
| Date: 2 Apr 2025 Judge: RAPER J |
6. Jackson v Heart Research Institute Ltd [2025] FCA 301
| CORPORATIONS – whistleblower protections – claim for relief under ss 1317AD and 1317AE of the Corporations Act 2001 (Cth) – whether the respondent engaged in conduct that was a “detriment” within the meaning of s 1317ADA by not renewing |
| Date: 2 Apr 2025 Judge: RAPER J |
7. DIT19 v Minister for Immigration and Multicultural Affairs [2025] FCA 189
| MIGRATION – application for leave to extend time and to appeal from orders of the former Federal Circuit and Family Court of Australia which declined to review and quash the decision of the Immigration Assessment Authority which had affirmed the |
| Date: 14 Mar 2025 Judge: RAPER J |
8. Holt v Mitsubishi Motors Corporation [2025] FCA 191
| PRIVILEGE – interlocutory application challenging claim for legal professional privilege – litigation privilege – dominant purpose test – whether documents created for the purpose of actual, reasonably apprehended or reasonably anticipated |
| Date: 14 Mar 2025 Judge: RAPER J |
9. ELF19 v Minister for Immigration and Multicultural Affairs [2025] FCA 168
| MIGRATION – appeal from orders of the (former) Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority which had affirmed a decision of the delegate not to grant a |
| Date: 11 Mar 2025 Judge: RAPER J |
10. 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 |
11. United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 16
| ADMINISTRATIVE LAW -- where, on 4 October 2023, the Fair Work Commission made an intractable bargaining declaration under s 235 of the Fair Work Act 2009 (Cth) (FW Act) in relation to enterprise bargaining between the United Firefighters' Union of |
| Date: 25 Feb 2025 Judge: WHEELAHAN, RAPER AND DOWLING JJ |
| INDUSTRIAL LAW - proper construction of enterprise agreement - where roster rules contained in enterprise agreement covering the parties and the employees required employees to work a certain number of hours annually (the threshold) plus reasonable |
| Date: 25 Feb 2025 Judge: KATZMANN, RAPER AND KENNETT JJ |
| CIVIL PENALTY - proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breaches of the National Disability Insurance Scheme Practice Guidelines and the NDIS |
| Date: 22 Jan 2025 Judge: RAPER J |
14. Danaratna v Arunatilaka (Penalty) [2024] FCA 1431
| INDUSTRIAL LAW - determination of civil penalties for contraventions of ss 44, 45, 323(1) and 536(1) of the Fair Work Act 2009 (Cth) by Ms Arunatilaka, the former Sri Lankan Deputy High Commissioner in Australia - primary purpose of deterrence in |
| Date: 12 Dec 2024 Judge: RAPER J |
15. Harman v Opus Recruitment Solutions - Australia Pty Ltd (Stay Application) [2024] FCA 1356
| INDUSTRIAL LAW - application to declare restrictive covenants in an employment contract and shareholder agreement invalid - where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and |
| Date: 26 Nov 2024 Judge: RAPER J |
16. 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 |
17. AGD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1298
| MIGRATION LAW - appeal from the orders of the Federal Circuit and Family Court of Australia which affirmed the decision of the Administrative Appeals Tribunal to refuse to grant the appellant a protection visa - whether the primary judge erred by |
| Date: 12 Nov 2024 Judge: RAPER J |
18. BPBR v Minister for Immigration and Multicultural Affairs [2024] FCA 1289
| MIGRATION LAW - application for judicial review of the Administrative Appeal Tribunal to affirm a decision of the Minister's delegate to cancel the applicant's Class BB Subclass 155 Five Year Resident Return (Permanent) visa on the basis that was |
| Date: 8 Nov 2024 Judge: RAPER J |
19. Purvinas v Wyse [2024] FCA 1122
| PRACTICE AND PRCOEDURE - application discontinued - respondents apply for their costs - whether proceedings instituted vexatiously within the meaning of s 329(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) - purpose of instituting |
| Date: 25 Sep 2024 Judge: RAPER J |
20. Saudi Arabian Cultural Mission v Alramadi [2024] FCA 1060
| PUBLIC INTERNATIONAL LAW - Private International Law - application for leave and to extend time to appeal from an interlocutory decision of the Federal Circuit and Family Court of Australia (Division 2) which dismissed the applicants' application |
| Date: 12 Sep 2024 Judge: RAPER J |
21. State of New South Wales - Sydney Trains v Annovazzi [2024] FCAFC 120
| HUMAN RIGHTS - disability discrimination - appeal - where the respondent was a trainee train driver on probation - where the respondent had Asperger's Syndrome and ADHD and took medication as required - where the appellant terminated her employment |
| Date: 12 Sep 2024 Judge: BROMWICH, RAPER AND SHARIFF JJ |
22. Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCAFC 116
| ADMINISTRATIVE LAW - appeal from primary judgment dismissing appeal from Administrative Appeals Tribunal (Tribunal) on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where primary judge dismissed appeal from |
| Date: 5 Sep 2024 Judge: COLLIER, RAPER AND SHARIFF JJ |
23. Minister for Immigration, Citizenship and Multicultural Affairs v NDBR [2024] FCAFC 114
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal affirmed decision under s 501(1) of Migration Act 1958 (Cth) to refuse to grant Pakistani national a visa and decision set aside by primary judge on review - where Tribunal |
| Date: 3 Sep 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
24. Fair Work Ombudsman v Ho [2024] FCAFC 111
| INDUSTRIAL LAW - multiple contraventions of a civil penalty provision - application of s 556 of the Fair Work Act 2009 (Cth) - application of s 557 of the Fair Work Act 2009 (Cth) - application of the "one transaction" principle - application of the |
| Date: 30 Aug 2024 Judge: RAPER, SHARIFF AND DOWLING JJ |
25. Sampson (Trustee), in the matter of Cam (Bankrupt) [2024] FCA 990
| BANKRUPTCY - application to distribute dividends amongst creditors who have proved their debts in bankrupt estate as if the bankrupt had filed a statement of affairs and the creditors had been identified in that statement under s 146 of the |
| Date: 29 Aug 2024 Judge: RAPER J |
| MIGRATION - application to extend time and leave to appeal a decision of the (former) Federal Circuit Court of Australia that the proceeding be dismissed because of failure to show cause - where the applicant had made an application for a Student |
| Date: 15 Aug 2024 Judge: Raper J |
27. Danaratna v Arunatilaka [2024] FCA 918
| INDUSTRIAL LAW - alleged contraventions of ss 44, 45, 90(2), 323(1) and 536(1) of the Fair Work Act 2009 (Cth) - where applicant alleges several clauses of the Miscellaneous Award 2010 have been contravened - where applicant worked as a domestic |
| Date: 15 Aug 2024 Judge: RAPER J |
28. Dorsch v HEAD Oceania Pty Ltd (Costs) [2024] FCA 832
| PRACTICE AND PROCEDURE - application for costs under s 570 of the Fair Work Act 2009 (Cth) - whether it was unreasonable for the applicant not to accept the respondent's monetary settlement offers - where the offers included the release of |
| Date: 31 Jul 2024 Judge: RAPER J |
29. Patterson v Westpac Banking Corporation (No 2) [2024] FCA 818
| PRACTICE AND PROCEDURE - application by the first respondent for the documents on the Court file to be ordered confidential - where the respondents have not filed their pleadings and have brought a strike out application - where the parties have |
| Date: 25 Jul 2024 Judge: RAPER J |
30. United Firefighters' Union of Australia v Fire Rescue Victoria [2024] FCAFC 84
| ADMINISTRATIVE LAW - application for declarations and orders for remittal on the basis that the Fair Work Commission failed to exercise its jurisdiction comprising private arbitral powers under the parties' agreed dispute resolution clause - whether |
| Date: 20 Jun 2024 Judge: COLVIN, RAPER AND DOWLING JJ |
31. Patterson v Westpac Banking Corporation [2024] FCA 629
| PRACTICE AND PROCEDURE - application by the first respondent for the documents on the Court file to be ordered confidential - where the respondents have not filed their pleadings and have brought a strike out application - where the parties are |
| Date: 13 Jun 2024 Judge: RAPER J |
32. Webster on behalf of Ngarigo Peoples v State of New South Wales [2024] FCA 615
| DISCRIMINATION LAW - application for an interlocutory injunction preventing the State of New South Wales from killing, shooting and trapping wild horses and other wildlife in the Kosciuszko National Park and other areas - whether the applicant is |
| Date: 13 Jun 2024 Judge: RAPER J |
33. Lian Fa International Dining Business Corporation v Mu (No 2) [2024] FCA 630
| PRACTICE AND PROCEDURE - interlocutory application by the respondents for an adjournment of the trial dates - where the fifth application by the parties for an adjournment - application allowed |
| Date: 12 Jun 2024 Judge: RAPER J |
34. Dorsch v HEAD Oceania Pty Ltd (Penalty) [2024] FCA 484
| INDUSTRIAL LAW - pecuniary penalty - determination of the appropriate penalty under s 545(6) of the Fair Work Act 2009 (Cth) - where the respondent failed to pay the applicant the amount payable with respect to his accrued but untaken annual leave |
| Date: 9 May 2024 Judge: RAPER J |
| INDUSTRIAL LAW - the respondent was the principal contractor on a construction site - the applicant's employee attended the site to investigate suspected work health and safety contraventions - where the employee held a permit to enter sites under s |
| Date: 30 Apr 2024 Judge: RAPER J |
36. DGYT v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 438
| MIGRATION - application under s 476A of the Migration Act 1958 (Cth) to quash a decision of the Administrative Appeals Tribunal - whether there were serious reasons for considering the applicant had committed serious non-political crimes under ss |
| Date: 30 Apr 2024 Judge: RAPER J |
37. Commissioner of the NDIS Quality and Safeguards Commission v LiveBetter Services Ltd [2024] FCA 374
| CIVIL PENALTY - proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breaches of the NDIS Practice Guidelines and the NDIS Code of Conduct - where conduct serious - |
| Date: 17 Apr 2024 Judge: RAPER J |
38. Dik v Director of Professional Services Review [2024] FCA 370
| ADMINISTRATIVE LAW - application to review a decision made by the Determining Authority to make directions that the applicant be repay benefits for Medicare Benefit Schedule items for which he was found to have engaged in inappropriate practice and |
| Date: 16 Apr 2024 Judge: RAPER J |
39. CCM18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 335
| MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia affirming a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa - whether the Authority assessed the |
| Date: 5 Apr 2024 Judge: RAPER J |
40. Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
| INDUSTRIAL LAW - judicial review of decision of a full bench of the Fair Work Commission (FWC) under s 39B of Judiciary Act 1903 (Cth) - alleged unfair dismissals - dismissals effected for operational reasons - whether dismissals were cases of |
| Date: 5 Apr 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
41. Commonwealth of Australia v De Pyle [2024] FCAFC 43
| PRACTICE AND PROCEDURE - where primary judge refused interlocutory application by the Commonwealth for certain suppression orders - where evidence adduced from responsible officer that suppression orders necessary to prevent prejudice to national |
| Date: 26 Mar 2024 Judge: O'CALLAGHAN, RAPER AND BUTTON JJ |
42. AHD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 273
| MIGRATION - appeal from orders of the (then) Federal Circuit Court of Australia dismissing at show-cause hearing an application for review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a |
| Date: 22 Mar 2024 Judge: RAPER J |
43. Shergill v Singh (No 2) [2024] FCA 261
| INDUSTRIAL LAW - determination of civil penalties - for contraventions of ss 323, 536, 44(1) and 45 of the Fair Work Act 2009 (Cth) by Mr Singh, the former Indian High Commissioner - primary purpose of deterrence in civil penalties determination - |
| Date: 20 Mar 2024 Judge: RAPER J |
44. Aged Care Quality and Safety Commissioner v Double Bay Aged Care Pty Ltd [2024] FCA 242
| ADMINISTRATIVE LAW - application under s 39B(1) of the Judiciary Act 1903 (Cth) for writs of certiorari quashing the decision of the Administrative Appeals Tribunal and mandamus requiring the Tribunal to determine the first respondent's application |
| Date: 15 Mar 2024 Judge: RAPER J |
45. AYJ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 241
| MIGRATION - appeal from orders of the then-Federal Circuit Court of Australia affirming a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa- whether the Authority's reasoning was |
| Date: 15 Mar 2024 Judge: RAPER J |
46. Whelan v Oldfield Entertainment Pty Ltd [2024] FCA 193
| HUMAN RIGHTS - discrimination - where the applicant claims breaches of ss 15(2), 47 and 94 of the Sex Discrimination Act 1984 (Cth) - whether the Court has jurisdiction by reason of s 46PO(3) to hear and determine aspects of the claim - whether an |
| Date: 12 Mar 2024 Judge: RAPER J |
47. DYP16 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 216
| MIGRATION - appeal from orders of the then-Federal Circuit Court of Australia - whether the Immigration Assessment Authority failed to consider the appellant's protection claim - whether the Authority failed to consider complementary protection |
| Date: 8 Mar 2024 Judge: RAPER J |
48. CAW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 215
| MIGRATION - appeal from orders of the (then) Federal Circuit Court of Australia - whether the primary judge erred by failing to find that the Immigration Assessment Authority erred by not finding that there were substantial grounds for concluding |
| Date: 8 Mar 2024 Judge: RAPER J |
49. Twomey v Que 5 Pty Ltd [2024] FCAFC 30
| ADMINISTRATIVE LAW - appeal from judgment of the Federal Court of Australia dismissing an application for judicial review of decision of the Full Bench of the Fair Work Commission - whether the decision was affected by jurisdictional error because |
| Date: 8 Mar 2024 Judge: SARAH C DERRINGTON, GOODMAN AND RAPER JJ |
50. DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24
| MIGRATION - appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the first respondent not to revoke the |
| Date: 7 Mar 2024 Judge: Sarah C DERRINGTON, GOODMAN AND RAPER JJ |
51. AKW22 v Commonwealth of Australia [2024] FCAFC 22
| MIGRATION - application for leave to appeal against decision striking out statement of claim and summarily dismissing the proceedings - where notice of appeal filed three days late - where proceedings sought damages for false imprisonment - whether |
| Date: 1 Mar 2024 Judge: SARAH C DERRINGTON, GOODMAN AND RAPER JJ |
52. Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162
| INDUSTRIAL LAW - employment - adverse action - whether the applicant was subjected to adverse action in contravention of s 340 of the Fair Work Act 2009 (Cth) (FW Act) - applicant dismissed from his employment purportedly by reason of complaints |
| Date: 29 Feb 2024 Judge: RAPER J |
53. Alouani-Roby v National Rugby League Ltd [2024] FCA 12
| ADMINISTRATIVE LAW - application for judicial review of decision of the Full Bench of the Fair Work Commission under s 39B of the Judiciary Act 1903 (Cth) - whether the decision was affected by jurisdictional error because the Commission erroneously |
| Date: 18 Jan 2024 Judge: RAPER J |
54. Edgar v Norton Rose Fulbright Australia Services Pty Ltd [2023] FCA 1573
| INDUSTRIAL LAW - appeal from a judgment of the Federal Circuit and Family Court of Australia - where the primary judge found that the employer's reasons for taking adverse action did not include the fact that the employee had made a complaint - |
| Date: 12 Dec 2023 Judge: RAPER J |
55. Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the AAT application for merits review of the Minister's |
| Date: 11 Dec 2023 Judge: BURLEY, LEE AND RAPER JJ |
56. BBY21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1567
| MIGRATION - appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) - where appellant sought removal to Kenya but respondents failed to facilitate removal - where appellant no longer wants to be removed to Kenya - |
| Date: 8 Dec 2023 Judge: RAPER J |
57. Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192
| COSTS - appeal from costs order against third party litigation funder - where funding agreement did not indemnify against adverse costs orders - where successful party did not apply for security for costs in principal proceedings - where funder |
| Date: 8 Dec 2023 Judge: CHARLESWORTH, Sarah C DERRINGTON and RAPER JJ |
58. BUX17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1510
| MIGRATION - appeal from orders of the (then) Federal Circuit Court of Australia - whether the primary judge's conclusions regarding country information were irrational and not reasonably formed on the basis of evidence - where the appellant seeks to |
| Date: 5 Dec 2023 Judge: RAPER J |
59. BUY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1511
| MIGRATION - appeal from orders of the (then) Federal Circuit Court of Australia - whether Court-supplied interpreter failed to correctly interpret the first appellant's evidence - whether the primary judge's conclusions regarding country information |
| Date: 5 Dec 2023 Judge: RAPER J |
60. BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 184
| MIGRATION - appeal from decision of the Federal Court of Australia - where appellant suffered from severe mental health condition - whether the Tribunal acted under dictation from a decision of an earlier Tribunal - whether Tribunal erred in finding |
| Date: 30 Nov 2023 Judge: YATES, RAPER AND JACKMAN JJ |
61. EJE20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1438
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where the applicant has failed to communicate with the Court since filing application - where the applicant failed to appear at hearing - order that the application be |
| Date: 20 Nov 2023 Judge: RAPER J |
62. DJY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1439
| MIGRATION - Application for extension of time and leave to appeal dismissing the applicant's application for judicial review - where application filed one day out of time - where applicant claims misunderstanding of time period to file - where |
| Date: 20 Nov 2023 Judge: RAPER J |
63. Shergill v Singh [2023] FCA 1346
| INDUSTRIAL LAW - alleged contraventions of ss 44, 45, 90(2), 323 and 536 of the Fair Work Act 2009 (Cth) - where applicant alleges several clauses of the Miscellaneous Award 2010 have been contravened - where applicant worked as a domestic worker |
| Date: 3 Nov 2023 Judge: RAPER J |
64. RPS AAP Consulting Pty Ltd v Lamb [2023] FCA 1310
| INDUSTRIAL LAW - appeal from orders of the Federal Circuit and Family Court of Australia - general protections application - where the primary judge found that the employer's reasons for taking adverse action included the fact that the employee had |
| Date: 31 Oct 2023 Judge: RAPER J |
65. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (No 2) [2023] FCAFC 169
| PRACTICE AND PROCEDURE - form of orders to be made following judgment of the Full Court |
| Date: 18 Oct 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
66. Monash Health v Singh [2023] FCAFC 166
| INDUSTRIAL LAW - adverse action - appeal - where the respondent made a number of complaints and/or inquiries about his employment, commenced proceedings in the Fair Work Commission and took personal leave - where the respondent was found to have |
| Date: 16 Oct 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
67. BRO18 v Minister for Home Affairs [2023] FCA 1193
| MIGRATION - application for extension of time to lodge an application for review of Minister's decision to cancel the applicant's visa - where applicant previously sought an extension of time and was unsuccessful (first decision) - where first |
| Date: 10 Oct 2023 Judge: RAPER J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - unlawful picketing - pecuniary penalties - principles to be applied - whether primary judge erred in assessing wrongdoing by reference to availability of lawful alternative |
| Date: 9 Oct 2023 Judge: CHARLESWORTH, SNADEN AND RAPER JJ |
| INDUSTRIAL LAW - pecuniary penalties - determination of appropriate penalty - where respondent contravened ss 5(1) and 10(1) of Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 (Cth) - where mistake of fact defence under s |
| Date: 6 Oct 2023 Judge: RAPER J |
70. EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) affirming a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate not to grant a protection visa - whether the Tribunal |
| Date: 5 Oct 2023 Judge: RAPER J |
71. Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 159
| MIGRATION - where appellant's visa was cancelled under s 501CA(4) of the Migration Act 1958 (Cth) - where an appeal of the Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for |
| Date: 28 Sep 2023 Judge: RARES, BROMWICH AND RAPER JJ |
| INDUSTRIAL LAW - application for inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - allegation of irregularities -whether there are reasonable grounds for the application - |
| Date: 21 Sep 2023 Judge: RAPER J |
| MIGRATION - application for judicial review of Minister's decision to cancel applicant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - whether upon the Minister electing to allow the applicant to be heard by inviting submissions and |
| Date: 19 Sep 2023 Judge: RAPER J |
74. Fair Work Ombudsman v Foot &
| PRACTICE AND PROCEDURE - privilege - legal professional privilege - at common law - whether communications between solicitor and client - whether communications in furtherance of illegal purpose |
| Date: 13 Sep 2023 Judge: RAPER J |
75. 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 |
| MIGRATION - where mandatory cancellation of visa on character grounds - appeal of Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for judicial review of the Tribunal's decision |
| Date: 8 Sep 2023 Judge: ANDERSON, FEUTRILL AND RAPER JJ |
77. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
| CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to detrimental conduct engaged in prior to amendments |
| Date: 30 Aug 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
78. O'Donnell on behalf of the Wilyakali Native Title Claim v State of South Australia [2023] FCA 1000
| NATIVE TITLE - application for consent determination of native title - where the parties filed agreed proposed orders and determination of native title - whether the preconditions in s 87 of the Native Title Act 1993 (Cth) are satisfied - whether |
| Date: 28 Aug 2023 Judge: RAPER J |
79. Alasady v Australian Capital Territory (No 2) [2023] FCA 966
| INDUSTRIAL LAW - application for an interlocutory injunction preventing the respondents from taking any further disciplinary sanction (including termination of employment) or adverse action against the applicant, within the meaning of s 342 of the |
| Date: 15 Aug 2023 Judge: RAPER J |
80. EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130
| MIGRATION - s 501(3) of the Migration Act 1958 (Cth) - where the Minister determined to exercise his discretion to cancel the appellant's visa - where the primary judge dismissed the application for judicial review of the Minister's decision - |
| Date: 15 Aug 2023 Judge: ABRAHAM, O'SULLIVAN AND RAPER JJ |
| MIGRATION - reg 5.19 of the Migration Regulations 1994 (Cth) - appeal from a single judge of the former Federal Circuit Court of Australia - primary judge dismissed an application for judicial review of a decision of the Administrative Appeals |
| Date: 7 Aug 2023 Judge: CHARLESWORTH, O'SULLIVAN and RAPER JJ |
82. Djordjevic v Mondino [2023] FCA 882
| BANKRUPTCY AND INSOLVENCY - application made by respondent for review of sequestration order by a judicial registrar - the applicant and respondent executed a deed purportedly resolving their dispute and agreeing amongst other matters, that the |
| Date: 1 Aug 2023 Judge: RAPER J |
83. Renet v Owner - Strata Plan SP22143 (Costs) [2023] FCA 821
| COSTS - appeal dismissed - appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for review of a Registrar's orders - where Registrar made sequestration order against the estate of the appellant |
| Date: 20 Jul 2023 Judge: RAPER J |
84. Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 813
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of 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 |
| Date: 20 Jul 2023 Judge: RAPER J |
85. EEP18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 682
| MIGRATION - appeal from orders of the (then) Federal Circuit Court of Australia affirming a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa - whether the Authority misconstrued a |
| Date: 22 Jun 2023 Judge: RAPER J |
86. Renet v The Owner - Strata Plan SP22143 [2023] FCA 631
| BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for review of a Registrar's orders - where Registrar made sequestration order against the estate of the appellant - |
| Date: 15 Jun 2023 Judge: RAPER J |
87. Klewer v National Disability Insurance Agency [2023] FCA 630
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal to affirm the respondent's decision to not provide overnight care (provided by the appellant's mother) to the appellant under the National Disability Insurance Scheme |
| Date: 15 Jun 2023 Judge: RAPER J |
88. Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - whether employer covered by the Aged Care Award 2010 or Hospitality Industry General Award 2020 - declaratory relief sought - jurisdiction to grant declaratory relief - |
| Date: 29 May 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
| MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke a mandatory cancellation decision under s 501CA(4) of Migration Act 1958 (Cth) - whether the Tribunal |
| Date: 22 May 2023 Judge: KATZMANN, FEUTRILL AND RAPER JJ |
90. BVT18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 472
| MIGRATION - appeal from decision of the then Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeal Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the |
| Date: 16 May 2023 Judge: RAPER J |
91. Migration Agents Registration Authority v Gruszka [2023] FCA 473
| ADMINISTRATIVE LAW - application for review of a decision of the Administrative Appeals Tribunal - where the Tribunal granted a stay of a decision of the applicant to suspend the first respondent's registration as a migration agent - whether the |
| Date: 16 May 2023 Judge: RAPER J |
| MIGRATION - appeal from orders of the (former) Federal Circuit Court of Australia affirming a decision of the Administrative Appeals Tribunal affirming a decision of the delegate not to grant a protection visa - by the absence of a real chance of |
| Date: 16 May 2023 Judge: RAPER J |
| INDUSTRIAL LAW - civil penalties - contravention of s 500 of the Fair Work Act 2009 (Cth) - determination of the appropriate penalty - whether account may be taken of "extra-curial punishment" in the form of having an entry permit revoked or |
| Date: 2 May 2023 Judge: LOGAN, THOMAS AND RAPER JJ |
94. Conroy's Smallgoods v Australasian Meat Industry Employees Union [2023] FCAFC 59
| INDUSTRIAL LAW - s 113 of the Fair Work Act 2009 (Cth) - meaning of "applicable award-derived long service leave terms" - appeal allowed |
| Date: 19 Apr 2023 Judge: BROMBERG, O'SULLIVAN AND RAPER JJ |
95. Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51
| INDUSTRIAL LAW - section 114 of the Fair Work Act 2009 (Cth) - appeal from a decision of this Court which found that the employer had not contravened s 114 by requiring employees to work on a public holiday - whether "request" within the meaning of |
| Date: 28 Mar 2023 Judge: COLLIER, THOMAS AND RAPER JJ |
96. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 46
| MIGRATION - appeal from a single judge of the Federal Court of Australia - primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - appellant applied for a visa - application was |
| Date: 24 Mar 2023 Judge: MORTIMER, SNADEN AND RAPER JJ |
97. Kite (Trustee), in the matter of Murray (a Bankrupt) v Murray [2023] FCA 198
| BANKRUPTCY - application by the trustee in bankruptcy (trustee) to recover a property or an interest in a property - whether the property, or interest in that property, is held on trust for the bankrupt estate - whether the presumption of |
| Date: 10 Mar 2023 Judge: RAPER J |
98. 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 |
99. Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 67
| MIGRATION - application for review of a decision of the Administrative Appeals Tribunal which had affirmed the decision of the delegate of the first respondent to refuse to revoke the cancellation of the applicant's Special Category (Class TY) |
| Date: 8 Feb 2023 Judge: RAPER J |
| INDUSTRIAL LAW - whether the employees were "eligible" employees within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) - whether any recovery of outstanding levies are subject to the prescribed limitation |
| Date: 8 Feb 2023 Judge: RAPER J |
