Browse Federal Court JudgmentsBy Judge - Rofe J |
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1. Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2025] FCAFC 54
| ADMINISTRATIVE LAW – proper construction of s 10(3)(c) of National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) (National Health Rules) – whether development approval under Planning Act 2016 (Qld) is required |
| Date: 15 Apr 2025 Judge: COLLIER ACJ, ROFE AND HORAN JJ |
2. McClure v Medibank Private Limited (No 2) [2025] FCA 343
| COSTS – where applicants sought costs order in their favour and respondent sought apportionment of costs on an issue-by-issue basis – court’s discretion to award costs – relevant principles – consideration of relevant costs principles |
| Date: 9 Apr 2025 Judge: ROFE J |
3. Scidera, Inc. v Meat and Livestock Australia Limited [2025] FCA 308
| PRACTICE AND PROCEDURE – application to strike out statement of claim – whether pleading or parts of the pleading are ambiguous, likely to cause prejudice, embarrassment or delay, or fail to disclose a reasonable cause of action – whether the |
| Date: 7 Apr 2025 Judge: ROFE J |
4. Chawk v Callan [2025] FCA 290
| PRACTICE AND PROCEDURE – application for extension of time to institute appeal proceedings – where the applicant had previously instituted appeal proceeding which was subsequently dismissed due to failure to provide security for costs – where |
| Date: 31 Mar 2025 Judge: ROFE J |
5. Perfect Day, Inc. v Commissioner of Patents [2025] FCA 270
| PATENTS – appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings – hearing de novo – claimed invention directed to providing a dairy substitute food composition that has the characteristics of cow’s milk |
| Date: 28 Mar 2025 Judge: ROFE J |
6. Houten v Lennon [2025] FCA 252
| PRACTICE AND PROCEDURE – Registrars – review of Registrar’s power to make sequestration order – review is a hearing de novo – meaning of “hearing de novo” |
| Date: 25 Mar 2025 Judge: ROFE J |
7. Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
| PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical |
| Date: 19 Mar 2025 Judge: BURLEY, ROFE AND DOWNES JJ |
8. Younas v Commonwealth of Australia [2025] FCAFC 27
| MIGRATION – appeal – citizenship – s 10B(1) of the Australian Citizenship Act 1948 (Cth) – appeal by way of rehearing – where the appellant sought a declaration that he is an Australian citizen – whether the primary judge erred in |
| Date: 14 Mar 2025 Judge: SNADEN, ROFE and HESPE JJ |
9. Luck v Secretary, Services Australia [2025] FCAFC 26
| PRACTICE AND PROCEDURE – where appellant failed to appear at appeal hearing – whether appeal should be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – where appellant filed interlocutory |
| Date: 7 Mar 2025 Judge: ROFE, HESPE AND KENNETT JJ |
10. McClure v Medibank Private Limited [2025] FCA 167
| LEGAL PROFESSIONAL PRIVILEGE – third-party reports – investigation into cyber-attack – whether multiple purposes – common law principles – whether documents were created for dominant purpose of legal advice LEGAL PROFESSIONAL PRIVILEGE – |
| Date: 7 Mar 2025 Judge: ROFE J |
| 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 |
12. Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd [2025] FCAFC 12
| TRADE MARKS - validity - ownership - where primary judge found appellant (Cantarella) was not the owner of the ORO trade mark and ordered that registrations be cancelled pursuant to ss 88(1)(a) and 58 of the Trade Marks Act 1995 (Cth) ("the Act") - |
| Date: 14 Feb 2025 Judge: NICHOLAS, JACKSON AND ROFE JJ |
13. Condari Pty Ltd v Haus Group Australia Pty Ltd [2025] FCA 65
| PRACTICE AND PROCEDURE - form of orders COSTS - costs arising from application to review the decision of a Registrar - where trial was vacated two weeks prior to its intended commencement - whether the conduct of the applicant warrants the award of |
| Date: 7 Feb 2025 Judge: ROFE J |
14. Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168
| PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency |
| Date: 18 Dec 2024 Judge: BEACH, O'BRYAN AND ROFE JJ |
15. Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
| INTELLECTUAL PROPERTY - application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade |
| Date: 13 Dec 2024 Judge: ROFE J |
16. Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 3) [2024] FCA 1413
| PRACTICE AND PROCEDURE - form of orders - failed interlocutory application to stay substantive proceeding COSTS - costs arising from failed interlocutory application seeking to stay substantive proceeding - whether costs should follow the event or |
| Date: 9 Dec 2024 Judge: ROFE J |
17. Killer Queen, LLC v Taylor [2024] FCAFC 149
| TRADE MARKS - infringement of registered trade mark established - where registered trade mark is a name - joint tortfeasance - principles discussed TRADE MARKS - specification of registered goods - meaning of "clothes" - role of the Nice Agreement |
| Date: 22 Nov 2024 Judge: YATES, BURLEY AND ROFE JJ |
18. Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV [2024] FCAFC 152
| PRACTICE AND PROCEDURE - application for leave to appeal - whether decision to be appeal attended with sufficient doubt to warrant its reconsideration on appeal - whether, if decision is wrong, substantial injustice would result if leave were |
| Date: 21 Nov 2024 Judge: MARKOVIC, ROFE AND JACKMAN JJ |
19. Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 2) [2024] FCA 1198
| PRACTICE AND PROCEDURE - abuse of process - application for permanent stay of proceeding - where application has been previously stayed until judgment is handed down in another proceeding - where there are concluded proceedings in this Court between |
| Date: 17 Oct 2024 Judge: ROFE J |
20. Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal formed view that it had no jurisdiction to review refusal of medical treatment visa - here application for review under Part 5 of the |
| Date: 8 Oct 2024 Judge: THAWLEY, ROFE AND KENNETT JJ |
21. Australian Competition and Consumer Commission v Qantas Airways Limited [2024] FCA 1219
| CONSUMER LAW - admitted contraventions of ss 18(1), 29(1)(b), 29(1)(g) of the Australian Consumer Law - false or misleading representations with respect to flight services which have been cancelled - continued sale of cancelled services - where form |
| Date: 8 Oct 2024 Judge: ROFE J |
22. Dei Gratia Pty Ltd v Commissioner of Patents [2024] FCA 1145
| PATENTS - a logistics facility and related systems and methods for the provision of goods or services to an end user - network of modified local outlets - manner of manufacture - s 18(a) of the Patents Act 1990 (Cth) - computer-implemented scheme - |
| Date: 1 Oct 2024 Judge: ROFE J |
23. Imad v Director-General of Security [2024] FCA 1115
| PRACTICE AND PROCEDURE - migration -cancellation of visitor visa at the recommendation of the Director General of Security - adverse security assessment - discovery of documents relating to matters of national security - where production of |
| Date: 24 Sep 2024 Judge: ROFE J |
24. Muller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 924
| MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to revoke cancellation of the applicant's visa under 501CA(4) of the Migration Act 1958 (Cth) - whether |
| Date: 16 Aug 2024 Judge: ROFE J |
25. AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 863
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) - where delegate of first respondent refused to grant the appellant a protection visa under s 65 of Migration Act 1958 (Cth) - |
| Date: 8 Aug 2024 Judge: ROFE J |
26. NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 101
| MIGRATION - appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal - whether the primary judge found an error on the part of the Tribunal - whether error material - no error found by the |
| Date: 2 Aug 2024 Judge: ANDERSON, ROFE AND MCEVOY JJ |
27. FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826
| PRACTICE AND PROCEDURE - application for stay of orders pursuant to r 36.08 of the Federal Court Rules 2011 (Cth) - whether stay or rectification of the Trade Marks Register more suitable course pending determination of appeal - whether stay or |
| Date: 29 Jul 2024 Judge: ROFE J |
28. Care A2 Plus Pty Ltd (Receiver Appointed) v The a2 Milk Company Limited [2024] FCA 782
| PRACTICE AND PROCEDURE - form of orders COSTS - application for costs arising from interlocutory applications to be made payable forthwith - where applicant has failed to comply with orders to pay security for costs - consideration of whether |
| Date: 18 Jul 2024 Judge: ROFE J |
29. Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
| PATENTS - innovation patent relating to hinges - infringement - validity - whether primary judge erred in the proper construction of the invention disclosed PATENTS - validity - lack of clear and complete description - classical sufficiency - |
| Date: 17 Jul 2024 Judge: YATES, CHARLESWORTH AND ROFE JJ |
30. FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764
| INTELLECTUAL PROPERTY - trade marks - alleged infringement of registered marks under s 120 of the Trade Marks Act 1995 (Cth) - deceptive similarity - misleading or deceptive conduct - alleged breaches of s 18 and s 29(1)(g) and (h) of the Australian |
| Date: 17 Jul 2024 Judge: ROFE J |
31. TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85
| PATENTS - patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS - infringement - construction of integers of the claims - whether primary judge erred in |
| Date: 21 Jun 2024 Judge: NICHOLAS, ROFE AND O'SULLIVAN JJ |
32. Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598
| PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) - where the respondents have failed to comply with court orders and failed to appear - allegations of trade mark |
| Date: 7 Jun 2024 Judge: ROFE J |
33. Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2024] FCA 522
| STATUTORY INTERPRETATION - price reduction of pharmaceutical items - application of the "12.5% average unadjusted price reduction test" prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) - statutory implication of the use of "in respect |
| Date: 17 May 2024 Judge: ROFE J |
34. Fensom v Jake Ryan Media Group Pty Ltd (No 2) [2024] FCA 470
| PRACTICE AND PROCEDURE - self-executing order dismissing the proceeding - continued non-compliance with Court timetabling orders by the applicants - where the Court is satisfied in the circumstances that a self-executing order is appropriate |
| Date: 6 May 2024 Judge: ROFE J |
35. AUP21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 442
| MIGRATION - application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal - whether the Tribunal misapplied para 8.2 of Direction 99 with respect to family violence - whether the Tribunal misunderstood the |
| Date: 30 Apr 2024 Judge: ROFE J |
36. CMW23 v Companies Auditors Disciplinary Board [2024] FCA 407
| ADMINISTRATIVE LAW - application for review of proposed conduct by the Companies Auditors Disciplinary Board - relief sought pursuant to s 11 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - relief sought pursuant to s 39B of the |
| Date: 22 Apr 2024 Judge: ROFE J |
37. Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCA 303
| PRACTICE AND PROCEDURE - interlocutory application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether pleadings disclose a reasonable cause of action |
| Date: 27 Mar 2024 Judge: ROFE J |
38. Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC (No 2) [2024] FCA 291
| PATENTS - three patent applications on appeal from a decision of a delegate of the Commissioner of Patents - validity of dependent claims after findings in Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119 that certain |
| Date: 26 Mar 2024 Judge: ROFE J |
39. Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd (No 3) [2024] FCA 226
| PRACTICE AND PROCEDURE - scope of declarations and injunctions - whether injunctions restraining use of marks that are "substantially identical" or "similar" to the infringing mark are available for misleading and deceptive conduct and passing off. |
| Date: 13 Mar 2024 Judge: ROFE J |
40. Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20
| APPEAL AND NEW TRIAL - proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs - whether appellants were denied procedural fairness as a consequence of primary judge disallowing |
| Date: 4 Mar 2024 Judge: NICHOLAS, ROFE AND JACKMAN JJ |
41. Fidge v Pfizer Australia Pty Ltd [2024] FCA 161
| PRACTICE AND PROCEDURE - interlocutory applications for summary dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a), (c) and (d) of the Federal Court Rules 2011 (Cth) - applicant alleges that the respondents' |
| Date: 1 Mar 2024 Judge: ROFE J |
42. Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
| CONTRACTS - construction - scope of releases in settlement agreement - prima facie canon of construction -whether releases apply to proceeding TRADE MARKS - infringement - trap viewing - extra-territorial application of s 120(1) of the Trade Marks |
| Date: 23 Feb 2024 Judge: PERRAM, NICHOLAS, BURLEY, ROFE AND DOWNES JJ |
43. Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 2) [2024] FCA 99
| PRACTICE AND PROCEDURE - application for an order for deemed service of documents - failed attempts to effect personal service - documents brought to attention of second respondent - application allowed PRACTICE AND PROCEDURE - application for |
| Date: 19 Feb 2024 Judge: ROFE J |
44. Chawk v Callan [2024] FCA 92
| PRACTICE AND PROCEDURE - defamation - security for costs application - stay application - where appellant admits he is impecunious but seeks to stay the costs orders below pending the outcome of his appeal - prospects of success of the appeal - |
| Date: 16 Feb 2024 Judge: ROFE J |
45. CTW23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 4
| MIGRATION - application for extension of time to apply for judicial review of decision of the Minister to set aside the decision of the Administrative Appeals Tribunal and cancel the applicant's visa under s 501A(2) of the Migration Act 1958 (Cth) - |
| Date: 10 Jan 2024 Judge: ROFE J |
46. Keane v Woolworths Group Limited [2023] FCA 1634
| PRACTICE AND PROCEDURE - whether to grant an extension of time to file an application seeking leave to appeal from a decision of this Court - relevant principles discussed - no explanation for significant delay and no reasonable prospects of appeal |
| Date: 19 Dec 2023 Judge: ROFE J |
47. Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202
| CONSUMER LAW - misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law - representations to customers and other industry participants that supply of competitor's product would infringe author's patent - where |
| Date: 19 Dec 2023 Judge: NICHOLAS, BURLEY AND ROFE JJ |
48. Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2023] FCA 1587
| TRADE MARKS - infringement - whether the respondent's use of the "House BED & BATH" mark infringed the applicant's registered trade marks comprising the words "BED BATH N' TABLE" - whether the applicant has an independent reputation in the words |
| Date: 14 Dec 2023 Judge: ROFE J |
49. Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
| PRACTICE AND PROCEDURE - application for interlocutory injunction - ex parte application - strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law - First Respondent's two websites |
| Date: 22 Nov 2023 Judge: ROFE J |
| PRACTICE AND PROCEDURE - interlocutory injunction - whether prima facie cases that respondent contravened s 343 of the Fair Work Act 2009 (Cth) and unlawfully trespassed - injunction granted. |
| Date: 21 Nov 2023 Judge: ROFE J |
51. RPQB v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1419
| MIGRATION - decision of the Administrative Appeals Tribunal affirming decision of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - whether decision of the Tribunal affected by jurisdictional |
| Date: 17 Nov 2023 Judge: ROFE J |
52. MMD Design and Consultancy Limited v Camco Engineering Pty Ltd (No 2) [2023] FCA 1416
| PRACTICE AND PROCEDURE - costs - where the respondent was largely successful in defending the proceeding - the form the costs order should take - whether costs should be discounted in light of the parties' mixed success at trial - whether indemnity |
| Date: 16 Nov 2023 Judge: ROFE J |
53. Sandoz AG v Bayer Intellectual Property GmbH [2023] FCA 1321
| PATENTS - infringement - where invention claimed is an oral tablet comprising the compound rivaroxaban "in hydrophilized form" and the use of that drug for the prophylaxis and/or treatment of a thromboembolic disease - construction of patent - |
| Date: 2 Nov 2023 Judge: ROFE J |
54. AOZ23 v Commonwealth of Australia [2023] FCA 1312
| MIGRATON - application for interlocutory injunction to prevent the applicant's removal from Australia by the second respondent - where applicant has made requests for the first respondent to exercise personal powers under s 48B of the Migration Act |
| Date: 25 Oct 2023 Judge: ROFE J |
55. Guggal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1596
| PRACTICE AND PROCEDURE - interlocutory injunction - application for interlocutory injunction to prevent the applicant's removal from Australia by the second respondent - visa expired - no decision to review to reinstate visa - no serious question to |
| Date: 23 Oct 2023 Judge: ROFE J |
56. Red Hill Wine Pty Ltd v Red Hill Vineyard Pty Ltd [2023] FCA 1151
| COSTS - where party failed to file notice of objection within 21 day time period after estimate issued by Registrar - where party seeks to have the time extended and file notice of objection to estimate of costs - whether reason for delay and merits |
| Date: 26 Sep 2023 Judge: ROFE J |
57. CIW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1133
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of a decision of the Immigration Assessment Authority - whether Authority failed to consider relevant |
| Date: 25 Sep 2023 Judge: ROFE J |
58. Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119
| PATENTS - three patent applications on appeal from a decision of a delegate of the Commissioner of Patents - patent applications disclose supernatant vaccine for Mycoplasma hyopneumoniae (M. hyo), a disease affecting pigs - applications include a |
| Date: 21 Sep 2023 Judge: ROFE J |
59. Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105
| BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit and Family Court of Australia - primary judge refused application to set aside bankruptcy notice - whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of |
| Date: 15 Sep 2023 Judge: ROFE J |
60. Child Support Registrar v CDJ22 [2023] FCA 1057
| ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) in relation to assessment of child support under Child Support (Assessment) Act 1989 (Cth) - whether tribunal |
| Date: 6 Sep 2023 Judge: ROFE J |
61. Merican v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 931
| MIGRATION - decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - whether decision of Tribunal affected by |
| Date: 9 Aug 2023 Judge: ROFE J |
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of a decision of the Immigration Assessment Authority - whether the primary judge misconstrued s 473DC of |
| Date: 7 Aug 2023 Judge: ROFE J |
63. DRZ16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 909
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of decision of the Administrative Appeals Tribunal - where appellant sought review of a decision of a |
| Date: 3 Aug 2023 Judge: ROFE J |
64. MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2023] FCA 827
| PATENTS - where invention claimed is a tooth construction for a mineral sizer - construction of patent - meaning of "front cover which is weldingly secured to and seated in face to face contact with the front face of the support body" - infringement |
| Date: 21 Jul 2023 Judge: ROFE J |
65. Inspector-General in Bankruptcy v Rutherfurd (Bankrupt) [2023] FCAFC 99
| BANKRUPTCY AND INSOLVENCY - where trustee of bankrupt estate made income contribution assessment - where bankrupt requested review of trustee's decision to make income contribution assessment under s 139ZA of the Bankruptcy Act 1966 (Cth) - where |
| Date: 28 Jun 2023 Judge: RARES, ROFE AND DOWNES JJ |
| MIGRATION - appeal from Federal Circuit Court - application for protection visa - where Immigration Assessment Authority affirmed a decision of the delegate of the Minister not to grant appellant a temporary protection visa - whether it was |
| Date: 15 Jun 2023 Judge: ROFE J |
67. Minister for Immigration, Citizenship and Multicultural Affairs v EVE21 [2023] FCAFC 91
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia - where trial judge found reg 2.55(3)(c) of the Migration Regulations 1994 (Cth) to be invalid - whether reg 2.55(3)(c) inconsistent with s 494A of the Migration Act |
| Date: 13 Jun 2023 Judge: PERRAM, ROFE and FEUTRILL JJ |
| MIGRATION - application for judicial review - where visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal upheld a decision of the delegate not to revoke the cancellation - whether Tribunal committed jurisdictional |
| Date: 13 Jun 2023 Judge: ROFE J |
69. Lamb v Sherman [2023] FCAFC 85
| BANKRUPTCY AND INSOLVENCY - appeal from making of sequestration order - where, at 4:37pm on last day for compliance, bankrupt lodged by electronic communication application to set aside bankruptcy notice under s 41(6A) of Bankruptcy Act 1966 (Cth) - |
| Date: 25 May 2023 Judge: RARES, ROFE AND DOWNES JJ |
70. CYH16 v Minister for Immigration and Border Protection [2023] FCA 453
| MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time in which to appeal from decision of Federal Circuit Court - application for extension of time allowed - where appellant sought to rely on two new grounds |
| Date: 11 May 2023 Judge: ROFE J |
71. Marya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 433
| MIGRATION - interlocutory application to stop applicant's removal from Australia - where applicant in immigration detention - where no unresolved visa application or review proceedings exist - whether prima facie case for relief established - |
| Date: 8 May 2023 Judge: ROFE J |
72. Grow MF Pty Ltd v Parthy [2023] FCA 442
| PRACTICE AND PROCEDURE - interlocutory injunction - application for respondent to restore access to certain technological accounts - serious question to be tried - balance of convenience |
| Date: 4 May 2023 Judge: ROFE J |
73. Henley Constructions Pty Ltd v Henley Arch Pty Ltd [2023] FCAFC 62
| TRADE MARKS - appeal - where primary judge found that the respondent's registered trade mark HENLEY was valid and infringed by the first appellant - whether primary judge erred in finding that HENLEY was capable of distinguishing the respondent's |
| Date: 28 Apr 2023 Judge: YATES, ROFE AND MCELWAINE JJ |
74. Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44
| TRADE MARKS - application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) (the Act) - where primary judge dismissed an appeal from the decision of a delegate of the Registrar of |
| Date: 22 Mar 2023 Judge: YATES, STEWART AND ROFE JJ |
| MIGRATION - appeal from Federal Circuit Court of Australia - where Administrative Appeals Tribunal affirmed decision of Minister's delegate refusing to grant appellant a Partner (Residence) (Class BS) (Subclass 801) Visa - where the Tribunal was not |
| Date: 3 Mar 2023 Judge: ROFE J |
| STATUTORY CONSTRUCTION - appeal from judgment of single judge of the Federal Court setting aside a direction of the Administrative Appeals Tribunal (AAT) under 33 of the Administrative Appeals Tribunal Act 1975 (Cth) to a party to attend and |
| Date: 3 Mar 2023 Judge: KENNY, WIGNEY AND ROFE JJ |
77. Jaworski v Australian Information Commissioner [2022] FCA 1400
| ADMINISTRATIVE LAW - consideration of an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) concerning a decision of the delegate of the Commissioner in exercising a statutory discretion to cease |
| Date: 23 Nov 2022 Judge: ROFE J |
78. Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2022] FCA 1429
| PRACTICE AND PROCEDURE -- application for stay of injunction, orders for delivery-up and destruction of infringing materials and costs -- appropriate form of injunction following findings of patent infringement --whether grounds of appeal reasonably |
| Date: 21 Nov 2022 Judge: ROFE J |
79. Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2022] FCA 1380
| PRACTICE AND PROCEDURE - application for leave to file further evidence out of time - nature and complexity of evidence - reasons for and extent of delay - imminent commencement of hearing - case management principles |
| Date: 11 Nov 2022 Judge: ROFE J |
| MIGRATION - mandatory visa cancellation under s 501(3A) of Migration Act 1958 (Cth) - application for judicial review of respondent's decision under s 501CA of Migration Act 1958 (Cth) not to revoke original cancellation decision - primary judge |
| Date: 3 Nov 2022 Judge: WIGNEY, ABRAHAM AND ROFE JJ |
81. DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1237
| MIGRATION - decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - whether decision of Tribunal affected by |
| Date: 18 Oct 2022 Judge: ROFE J |
82. JJNY v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1239
| MIGRATION - application for extension of time to seek judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate's decision not to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) |
| Date: 18 Oct 2022 Judge: ROFE J |
83. Australian Mud Company Pty Ltd v Boart Longyear Australia Pty Ltd [2022] FCA 1224
| PRACTICE AND PROCEDURE - interlocutory application for joinder of related party - held: application for joinder of third respondent granted PRACTICE AND PROCEDURE - pleadings -application seeking leave to amend the amended originating application |
| Date: 13 Oct 2022 Judge: ROFE J |
84. Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 1189
| PATENTS - where invention claimed is a core sample orientation device relating to a system and method for orienting core samples extracted from the ground - construction of patent - meaning of "predetermined time intervals" - whether respondents |
| Date: 6 Oct 2022 Judge: ROFE J |
85. CGK17 v Minister for Immigration and Border Protection [2022] FCA 1099
| PRACTICE AND PROCEDURE - appeal from judgment of the Federal Circuit Court of Australia - application to introduce new ground not advanced before the primary judge - all other grounds abandoned - where appellant has been legally represented - |
| Date: 16 Sep 2022 Judge: ROFE J |
| MIGRATION - appeal from Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Immigration Assessment Authority (IAA) - where IAA had affirmed a delegate of the Minister's decision to refuse the |
| Date: 15 Sep 2022 Judge: ROFE J |
87. Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157
| TRADE MARKS - appeal - infringement - deceptive similarity - whether, in determining deceptive similarity, the primary judge erred in not taking into account the factual distinctiveness of the appellant's marks at their respective filing dates - |
| Date: 13 Sep 2022 Judge: YATES, ABRAHAM AND ROFE JJ |
88. Puma SE v Caterpillar Inc [2022] FCAFC 153
| TRADE MARKS - application for leave to appeal from a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) - whether primary judge erred in finding grounds of opposition pursuant to ss 44 and 60 of the Trade Marks Act 1995 |
| Date: 9 Sep 2022 Judge: NICHOLAS, ROFE AND MCELWAINE JJ |
89. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2022] FCA 1042
| TRADE MARKS - whether the respondent infringed the second applicant's registered trade marks under s 120 of the Trade Marks Act 1995 (Cth) - whether the respondent used the depiction of its SOMAT dishwashing capsule as a trade mark - whether the |
| Date: 6 Sep 2022 Judge: ROFE J |
| MIGRATION - visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) - Minister's delegate refusing to revoke the cancellation decision - non-revocation decision affirmed on review by the Administrative Appeals Tribunal - primary judge |
| Date: 25 Aug 2022 Judge: CHARLESWORTH, ANDERSON AND ROFE JJ |
91. Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd (No 2) [2022] FCA 867
| COSTS - whether applicant should have to pay multiple sets of costs - where third respondent had separate representation to first, second, and fourth respondents - whether there was possibility of conflict of interest between the respondents COSTS - |
| Date: 25 Jul 2022 Judge: ROFE J |
| PRACTICE AND PROCEDURE -- application for extension of time within which to file Notice of appeal from orders made by Federal Court of Australia -- where applicant filed application approximately three months out of time -- where applicant in |
| Date: 27 Jun 2022 Judge: BESANKO, WHEELAHAN AND ROFE JJ |
93. Hood v Down Under Enterprises International Pty Limited (No 2) [2022] FCAFC 106
| PRACTICE AND PROCEDURE - costs - offer to compromise - Calderbank offer - whether unreasonable to fail to accept offer - appropriate order as to costs in relation to cross-claim involving two distinct issues - where each side successful in relation |
| Date: 22 Jun 2022 Judge: YATES, MOSHINSKY AND ROFE JJ |
| MIGRATION - appeal from Federal Circuit Court of Australia - student visa - appellant not enrolled in a course of study - appellant did not satisfy primary criteria in cl 500.211(a) of the Migration Regulations 1994 (Cth) - where appellant failed to |
| Date: 24 May 2022 Judge: ROFE J |
95. Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2022] FCA 540
| PATENTS - where invention claimed is a safety system for protecting against the hazard of drill rod failure - construction of patent - meaning of "anchor member" - meaning of "a proximal end region of the bore adjacent to a rock-face - whether third |
| Date: 16 May 2022 Judge: ROFE J |
| MIGRATION - application for judicial review - protection visa - where applicant satisfies refugee criterion in s 36(2)(a) - where visa refused because criterion in s 36(1C)(b) not met - whether applicant is a danger to the Australian community - |
| Date: 12 May 2022 Judge: ROFE J |
97. Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496
| CORPORATIONS - where respondent holds Australian Financial Services Licence - where respondent's business was targeted in cybersecurity attacks - whether respondent contravened ss 912A(1)(a) and (h) of the Corporations Act 2001 (Cth) by failing to |
| Date: 5 May 2022 Judge: ROFE J |
98. Illinois Tool Works Inc v Airco Fasteners Pty Ltd [2022] FCA 495
| PATENTS - where invention claimed is a fuel cell for use in a combustion tool - construction of patent - meaning of "close proximity" - meaning of "opposite" - whether respondent infringed patent in suit - held: respondent's products infringed the |
| Date: 5 May 2022 Judge: ROFE J |
99. Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69
| PATENTS - alleged infringement by supply of products - s 117 of the Patents Act 1990 (Cth) - staple commercial product - whether essential oil derived from the shrub Kunzea ambigua was a staple commercial product - where the primary judge found that |
| Date: 4 May 2022 Judge: YATES, MOSHINSKY AND ROFE JJ |
100. Nyoni v Bird [2022] FCAFC 61
| ADMINISTRATIVE LAW - application for judicial review of a decision of the primary judge dismissing an application for review of a decision of the Registrar to refuse to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 |
| Date: 14 Apr 2022 Judge: MORTIMER, ROFE AND MCELWAINE JJ |
