Browse Federal Court JudgmentsBy Judge - Sarah C Derrington J |
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(Sarah C Derrington
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1. Karpik v Carnival plc (The Ruby Princess) [2025] FCAFC 96
| CONSUMER LAW – cross-appeal – purpose guarantee in s 61(1) and result guarantee in s 61(2) of the Australian Consumer Law (ACL) – alleged error in finding that purpose and result of acquiring services was to have a “safe, relaxing and |
| Date: 29 Jul 2025 Judge: MARKOVIC, SARAH C DERRINGTON AND JACKSON JJ |
2. WKJD v Minister for Immigration and Citizenship [2025] FCA 845
| COSTS – where proceeding substantively resolved by consent – where Minister conceded decision under review was affected by jurisdictional error – where basis of error admitted was different from that alleged by the applicant – whether |
| Date: 23 Jul 2025 Judge: SARAH C DERRINGTON J |
3. EweTec Pty Ltd v Whyalla Beef Pty Ltd [2025] FCA 842
| PRACTICE AND PROCEDURE – application for discovery – where discovery sought consequent upon amendments made by the applicant to its concise statement – consideration of appropriate period and scope of discovery categories relevant to new |
| Date: 23 Jul 2025 Judge: SARAH C DERRINGTON J |
4. Kennedy v State of Queensland [2025] FCA 836
| PRACTICE AND PROCEDURE – application by respondents for strike out of paragraphs of applicant’s statement of claim or partial dismissal of proceeding – application by applicant to amend statement of claim – where applicant seeks to agitate a |
| Date: 23 Jul 2025 Judge: SARAH C DERRINGTON J |
5. Pratten v Commissioner of Taxation [2025] FCA 749
| APPEALS – PRACTICE AND PROCEDURE – application for extension of time to commence an appeal – whether applicant should be granted an extension of time to commence an appeal under s 172(1) of the Administrative Review Tribunal Act 2024 (Cth) |
| Date: 4 Jul 2025 Judge: SARAH C DERRINGTON J |
6. Australian Energy Regulator v CAM Engineering and Construction Pty Ltd [2025] FCA 737
| CORPORATIONS – admitted contravention of s 112(2) of the National Energy Retail Law (NSW) – where respondent failed to join an energy ombudsman scheme as required as a condition of status as an exempt retailer selling metered energy to |
| Date: 4 Jul 2025 Judge: SARAH C DERRINGTON J |
7. The Reject Shop Limited, in the matter of The Reject Shop Limited (No 2) [2025] FCA 723
| CORPORATIONS – scheme of arrangement – second court hearing – application for order under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme – whether statutory and procedural requirements satisfied – whether discretion should |
| Date: 30 Jun 2025 Judge: SARAH C DERRINGTON J |
8. Australian Securities and Investments Commission v Macrolend Pty Ltd (No 2) [2025] FCA 710
| PRACTICE AND PROCEDURE – application to adjourn final hearing – where application made weeks prior to commencement of trial – where counsel and solicitors have withdrawn from acting for defendants – where defendants face funding constraints |
| Date: 25 Jun 2025 Judge: SARAH C DERRINGTON J |
| REPRESENTATIVE PROCEEDINGS – approval of settlement – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval of settlement of proceeding on terms of Deed of Settlement and for approval of proposed Settlement |
| Date: 19 Jun 2025 Judge: SARAH C DERRINGTON J |
10. Siale v Minister for Immigration and Citizenship [2025] FCA 608
| MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed a decision by a delegate of the Minister not to exercise the discretion under s 501CA(4) of the Migration Act 1958 (Cth) |
| Date: 11 Jun 2025 Judge: SARAH C DERRINGTON J |
11. Orel, in the matter of an application by Orel [2025] FCA 590
| SUPERANNUATION – application by undischarged bankrupt under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) for order that the applicant is not a disqualified person in relation to a company which is the trustee of a |
| Date: 4 Jun 2025 Judge: SARAH C DERRINGTON J |
| REPRESENTATIVE PROCEEDINGS – approval of settlement – application under ss 33X(4) and 33Y of the Federal Court of Australia Act 1976 (Cth) for approval of form and content of notice of settlement to be distributed to group members and for orders |
| Date: 2 Jun 2025 Judge: SARAH C DERRINGTON J |
13. Mitsui O.S.K. Lines Ltd v The Ship: Yangze 22 [2025] FCA 563
| ADMIRALTY AND MARITIME – arrest – application for release of defendant vessel from arrest under rule 52 of the Admiralty Rules 1988 (Cth) – where vessel owners have proffered conditional security in the form of a signed letter of undertaking |
| Date: 29 May 2025 Judge: SARAH C DERRINGTON J |
14. The Reject Shop Limited, in the matter of The Reject Shop Limited [2025] FCA 522
| CORPORATIONS – scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff to consider a proposed scheme – whether statutory |
| Date: 16 May 2025 Judge: SARAH C DERRINGTON J |
15. Koulouris v Sourasis (Confidentiality Application) [2025] FCA 452
| PRACTICE AND PROCEDURE – application by the first to fifth and seventh to thirteenth defendants for all documents on the Court file to be suppressed from disclosure or publication in their entirety – where the defendants have filed a defence – |
| Date: 2 May 2025 Judge: SARAH C DERRINGTON J |
16. Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53
| ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the |
| Date: 29 Apr 2025 Judge: BURLEY, SARAH C DERRINGTON AND O'SULLIVAN JJ |
17. Charlie v State of Queensland [2025] FCAFC 55
| NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous |
| Date: 17 Apr 2025 Judge: PERRY, BURLEY AND SARAH C DERRINGTON JJ |
| BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s |
| Date: 11 Apr 2025 Judge: SARAH C DERRINGTON, STEWART and FEUTRILL JJ |
19. Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 2) [2025] FCA 316
| COSTS – indemnity costs – representative proceedings – where claim dismissed at initial trial concerning an alleged misuse of market power in the National Electricity Market – whether respondents entitled to award of costs on an indemnity |
| Date: 7 Apr 2025 Judge: SARAH C DERRINGTON J |
20. Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2025] FCAFC 41
| ADMINISTRATIVE LAW – procedural fairness – primary judge ordered matter to be determined without an oral hearing pursuant to s 20A of the Federal Court of Australia Act 1976 (Cth) – where no issues of fact to be determined – where issue |
| Date: 2 Apr 2025 Judge: SARAH C DERRINGTON, NESKOVCIN AND VANDONGEN JJ |
21. DOE18 v Minister for Immigration and Multicultural Affairs [2025] FCA 299
| MIGRATION – appeal from Federal Circuit Court of Australia dismissal of an application for judicial review of a decision of the Immigration Assessment Authority – where Authority affirmed decision of a delegate of the Minister not to grant the |
| Date: 2 Apr 2025 Judge: SARAH C DERRINGTON J |
22. HealthX Group Pty Ltd v Palling [2025] FCA 298
| PRACTICE AND PROCEDURE – application for leave to amend originating application and statement of claim – matter previously set down for trial – no explanation given by applicant for failure to earlier plead case on amended terms – whether |
| Date: 2 Apr 2025 Judge: SARAH C DERRINGTON J |
23. RJFB v Minister for Immigration and Multicultural Affairs [2025] FCA 229
| MIGRATION – application for judicial review – where Minister exercised the power under s 501A(2) of the Migration Act 1958 (Cth) to set aside the earlier decision of the Administrative Appeals Tribunal and to refuse the grant of a protection |
| Date: 20 Mar 2025 Judge: SARAH C DERRINGTON J |
24. ERM18 v Minister for Immigration and Multicultural Affairs [2025] FCA 228
| MIGRATION – appeal from Federal Circuit Court of Australia dismissal of an application for judicial review of a decision of the Immigration Assessment Authority – where Authority affirmed decision of a delegate of the Minister not to grant the |
| Date: 20 Mar 2025 Judge: SARAH C DERRINGTON J |
25. Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
| ARBITRATION - investor-State arbitration under a bilateral investment treaty - originating application seeking recognition and enforcement of foreign arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral |
| Date: 31 Jan 2025 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
26. Secretary, Department of Social Services v Hulett [2025] FCA 23
| TRUSTS AND TRUSTEES - constructive trusts - common intention - agreement between parents to leave surviving parent's share of matrimonial home to daughters if surviving parent provided with in-home care by one daughter - where Department of Social |
| Date: 30 Jan 2025 Judge: SARAH C DERRINGTON J |
27. Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3
| MIGRATION - indefinite detention - where the applicant at first instance (CRS20) sought a writ of habeas corpus on the basis of the judgment of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs |
| Date: 30 Jan 2025 Judge: MOSHINSKY, BROMWICH AND SARAH C DERRINGTON JJ |
28. Puohotaua v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1491
| MIGRATION - judicial review of decision of Administrative Appeals Tribunal not to revoke decision of Minister's delegate to cancel applicant's visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal questioned self-represented |
| Date: 20 Dec 2024 Judge: SARAH C DERRINGTON J |
29. The Official Trustee in Bankruptcy v Shaw (No 5) [2024] FCA 1490
| PRACTICE AND PROCEDURE - discontinuation of proceeding - where leave to discontinue proceeding granted - whether interlocutory orders sought by the respondent survive discontinuance - whether interlocutory orders sought constitute valid cross-claim |
| Date: 20 Dec 2024 Judge: SARAH C DERRINGTON J |
30. Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171
| CONSUMER LAW - misleading and deceptive conduct - where representations made in promotional materials and delivery of wealth creation course - whether representations conveyed the meaning found by the primary judge - whether statements were of |
| Date: 20 Dec 2024 Judge: SARAH C DERRINGTON, HALLEY AND SHARIFF JJ |
31. Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165
| COSTS - costs in the primary proceeding following successful appeal - indemnity principle - other issues of contest - whether to remit issues to the primary judge - issue to be dealt with on taxation |
| Date: 13 Dec 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
32. Ivory v Howard [2024] FCA 1416
| DEFAMATION - online publications - Facebook posts - where judgment entered against the respondent - impact of the publications - assessment of damages |
| Date: 10 Dec 2024 Judge: SARAH C DERRINGTON J |
| NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of all parties - determination of native title by consent |
| Date: 6 Dec 2024 Judge: SARAH C DERRINGTON J |
| NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of all parties - determination of native title by consent |
| Date: 6 Dec 2024 Judge: SARAH C DERRINGTON J |
35. Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd [2024] FCA 1382
| COMPETITION - misuse of market power - where applicant alleges respondents took advantage of substantial market power in the National Electricity Market (NEM) - where respondents engaged in late rebidding in the NEM - whether respondents took |
| Date: 4 Dec 2024 Judge: SARAH C DERRINGTON J |
36. The Official Trustee in Bankruptcy v Shaw (No 4) [2024] FCA 1345
| PRACTICE AND PROCEDURE - discontinuation of proceeding - where respondent does not consent -application for leave pursuant to r 26.12(2)(c) of the Federal Court Rules 2011 (Cth) - where applicant agrees to pay respondent's costs of the proceeding |
| Date: 12 Nov 2024 Judge: SARAH C DERRINGTON J |
37. Husseini v Girchow Enterprises Pty Ltd [2024] FCAFC 143
| CONSUMER LAW - appeal from judgment where appellant found jointly and severally liable to pay damages under s 236 of the Australian Consumer Law - misleading and deceptive conduct under s 18 of the ACL - characterisation of conduct in context - |
| Date: 12 Nov 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
38. Thompson v Ellis [2024] FCA 1200
| ADMINISTRATIVE LAW - applications for judicial review of a Registrar's assessment of quantum for lump sum costs award - where right of review lies under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - reviews conducted de novo COSTS - |
| Date: 17 Oct 2024 Judge: SARAH C DERRINGTON J |
39. Dopking, in the matter of CHM Trading Pty Ltd [2024] FCA 1173
| CORPORATIONS - insolvency - right of indemnity - application by liquidator for orders concerning realisation of trust assets - where orders sought would enable liquidator to carry on business and sell trust property to satisfy debts owing to trust |
| Date: 8 Oct 2024 Judge: SARAH C DERRINGTON J |
40. Ruhe, in the matter of Solar and Storage Australia Pty Ltd [2024] FCA 1155
| CORPORATIONS - insolvency - right of indemnity - application by liquidator concerning realisation of trust assets - where orders sought would enable liquidator to carry on business and sell trust property to satisfy debts owing to trust creditors - |
| Date: 1 Oct 2024 Judge: SARAH C DERRINGTON J |
41. Advanta Seeds Pty Ltd v Nuseed Pty Ltd [2024] FCA 1105
| INJUNCTION -interlocutory application to enjoin respondent's compliance with Licensing Agreement - where applicant alleges breach by the respondent of an undertaking to the Court - whether, properly construed, the respondent breached the undertaking |
| Date: 23 Sep 2024 Judge: SARAH C DERRINGTON J |
42. Next Generation Advice Pty Ltd (in liq) v Doumani [2024] FCA 1129
| INJUNCTION - application for continuation of interim orders made on 13 September 2024 restraining respondents from soliciting applicants' clients and staff, misusing the applicants' confidential information, and general involvement in any business |
| Date: 23 Sep 2024 Judge: SARAH C DERRINGTON J |
43. Orr, in the matter of Redflow Limited (Administrators Appointed) [2024] FCA 1117
| CORPORATIONS - application by administrators to extend convening period of second meeting of creditors pursuant to ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations), Sch 2 of the |
| Date: 18 Sep 2024 Judge: SARAH C DERRINGTON J |
44. Harris v State Minister for the State of Queensland [2024] FCA 1059
| NATIVE TITLE - native title determination application pursuant to s 61(2) of the Native Title Act 1993 (Cth) (NTA) - non-claimant application by non-native title interest holder to satisfy s 13(1)(a) of the NTA - application to convert term lease to |
| Date: 13 Sep 2024 Judge: SARAH C DERRINGTON J |
45. Indara Inbuilding Solutions Pty Ltd v Australian Communications and Media Authority [2024] FCAFC 117
| ADMINISTRATIVE LAW - judicial review of assessment of "participating person's eligible revenue for an eligible revenue period" under the Telecommunications (Eligible Revenue) Determination 2015 (Cth) (TER Determination) and Telecommunications |
| Date: 6 Sep 2024 Judge: SARAH C DERRINGTON, BANKS-SMITH AND KENNETT JJ |
46. Australian Securities and Investments Commission v Macrolend Pty Ltd [2024] FCA 1028
| PRACTICE AND PROCEDURE - interlocutory application to strike out defences pursuant to rr 16.21(1)(c) and 16.21(1)(d) of the Federal Court Rules 2011 (Cth) - whether application to strike out defences can be resisted by second defendant's entitlement |
| Date: 5 Sep 2024 Judge: SARAH C DERRINGTON J |
47. Davis v Military Rehabilitation and Compensation Commission [2024] FCA 736
| ADMINISTRATIVE LAW - application for judicial review of decision by the Military Rehabilitation and Compensation Commission calculating rate of incapacity payments pursuant to Pt 4, Ch 4 of the Military Rehabilitation and Compensation Act 2004 (Cth) |
| Date: 9 Jul 2024 Judge: SARAH C DERRINGTON J |
48. EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88
| PRACTICE AND PROCEDURE - where unsuccessful applicant ordered to pay the respondent's costs of the application - where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs - previous costs order set |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON AND HORAN JJ |
49. EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
| ADMINISTRATIVE LAW - freedom of information - appeal from Administrative Appeals Tribunal - where Australian Information Commissioner decided not to review decision of Department but referred review directly to Tribunal by s 57A(1)(b) of the Freedom |
| Date: 28 Jun 2024 Judge: PERRY, SARAH C DERRINGTON, HORAN JJ |
50. Commissioner of State Revenue v McCabe (No 2) [2024] FCA 662
| CORPORATIONS - voluntary administration - resolution of creditors of corporate group to execute Deed of Company Arrangement (DOCA) - application by Commissioner of State Revenue under ss 445D(1) or s 447A of the Corporations Act 2001 (Cth) to set |
| Date: 21 Jun 2024 Judge: SARAH C DERRINGTON J |
51. JMD Park Pty Ltd v The Ship "Bluefin" [2024] FCA 637
| ADMIRALTY - application for judicial sale of ship - fishing vessel - orders made for judicial sale with provision for valuation - form of undertaking under r 69 of the Admiralty Rules 1988 (Cth) - method of sale to be determined by Admiralty Marshal |
| Date: 13 Jun 2024 Judge: SARAH C DERRINGTON J |
52. Lingard v Commonwealth Bank Officers Superannuation Corporation Pty Limited (No 2) [2024] FCA 536
| COSTS - where second, third and fourth respondents seek award of costs on standard basis - where applicant wholly unsuccessful - where applicant self-represented - whether any basis for costs not to follow the event |
| Date: 23 May 2024 Judge: SARAH C DERRINGTON J |
53. Australian Securities and Investments Commission v Holista Colltech Ltd (No 2) [2024] FCA 516
| PENALTIES - where first defendant ordered to pay $1.8 million as civil pecuniary penalty in Australian Securities and Investments Commission v Holista Colltech Ltd [2024] FCA 244 - whether penalty should be paid in instalments - whether sufficient |
| Date: 17 May 2024 Judge: SARAH C DERRINGTON J |
54. StoneX Financial Inc. v Ambrose (No 2) [2024] FCA 501
| ARBITRATION - application to enforce arbitral award in Australia under International Arbitration Act 1974 (Cth) - declaration that applicant entitled to enforce award of the National Futures Association as if a judgment of the Court - where award |
| Date: 7 May 2024 Judge: SARAH C DERRINGTON J |
| NATIVE TITLE - application for joinder to native title determination under s 84(5) of the Native Title Act 1993 (Cth) - where applicant already member of claim group - where applicant required to demonstrate interest different from claim group as a |
| Date: 2 May 2024 Judge: SARAH C DERRINGTON J |
56. Burrows v The Ship 'Merlion' (No 2) [2024] FCA 429
| ADMIRALTY PROCEDURE - application for judgment in default of appearance - where defendant entered conditional appearance to challenge jurisdiction - where challenge largely failed - effect of failure on conditional appearance - where defendant also |
| Date: 26 Apr 2024 Judge: SARAH C DERRINGTON J |
57. Australian Securities and Investments Commission v Holista Colltech Ltd [2024] FCA 244
| CORPORATIONS - alleged contraventions of ss 674(2) and 1041H(1) of the Corporations Act 2001 (Cth) - where company failed to notify the Australian Securities Exchange of certain information in breach of continuous disclosure obligations - where |
| Date: 19 Mar 2024 Judge: SARAH C DERRINGTON J |
58. Minister for Immigration, Citizenship and Multicultural Affairs v MZAPC [2024] FCAFC 34
| MIGRATION - application by Minister for leave to appeal against grant of interlocutory injunction restraining the removal of the respondent from Australia - where respondent has exhausted all avenues of review and appeal and does not contest that he |
| Date: 18 Mar 2024 Judge: SARAH C DERRINGTON, COLVIN AND JACKSON JJ |
59. Burrows v The Ship 'Merlion' [2024] FCA 220
| ADMIRALTY AND MARITIME JURISDICTION - jurisdiction in rem - application to strike out pleaded claims on the basis of which ship was arrested - whether claims arising under a trust, Barnes v Addy, a "sham", misleading or deceptive conduct, conversion, |
| Date: 13 Mar 2024 Judge: SARAH C DERRINGTON J |
60. 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 |
61. 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 |
62. Wright v Australian Prudential Regulation Authority [2024] FCA 183
| SUPERANNUATION - application under s 126J(1)(a) of the Superannuation Industry (Supervision) Act 1993 (Cth) to vary or revoke disqualification of trustee or responsible officer under s 120A(1) - whether disqualification should be revoked - |
| Date: 5 Mar 2024 Judge: SARAH C DERRINGTON J |
63. Registrar of Personal Property Securities v Brookfield (No 2) [2024] FCA 175
| COSTS - where successful applicant seeks party-party costs - where open to the Court to award costs on an indemnity basis - whether respondent's conduct of proceeding warrants award of indemnity costs |
| Date: 4 Mar 2024 Judge: SARAH C DERRINGTON J |
64. Laming v Independent Parliamentary Expenses Authority [2024] FCA 172
| ADMINISTRATIVE LAW - practice and procedure -application for extension of time to seek judicial review of ruling made under Independent Parliamentary Expenses Authority Act 2017 (Cth) - where other processes pursued prior to commencing judicial |
| Date: 4 Mar 2024 Judge: SARAH C DERRINGTON J |
65. Lingard v Commonwealth Bank Officers Superannuation Corporation Pty Limited [2024] FCA 174
| ADMINISTRATIVE LAW - appeal from decision of the Australian Financial Complaints Authority (AFCA) affirming decision of first respondent - first respondent decided appellant was not a dependant and so was not entitled to any benefit from deceased |
| Date: 4 Mar 2024 Judge: SARAH C DERRINGTON J |
66. 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 |
67. QGC Pty Limited v Alberts (No 5) [2024] FCA 139
| NATIVE TITLE - where Indigenous Land Use Agreement required payments to nominated entity established for the benefit of families comprising claim group - where a nominated entity is in voluntary administration - interlocutory applications seeking |
| Date: 26 Feb 2024 Judge: SARAH C DERRINGTON J |
68. Hebashy v SGS Australia Pty Ltd [2024] FCA 28
| PRACTICE AND PROCEDURE - application for summary dismissal of the proceedings - whether the pleadings are vague, ambiguous and do not disclose a cause of action - insufficient and deficient pleadings - insufficient and deficient amended pleadings - |
| Date: 30 Jan 2024 Judge: SARAH C DERRINGTON J |
69. Registrar of Personal Property Securities v Brookfield [2024] FCA 29
| CORPORATIONS - Securities - registration of purported security interest under Personal Property Securities Act 2009 (Cth) - whether applicant applied to register financing statements - whether applicant was a secured party - whether belief on |
| Date: 30 Jan 2024 Judge: SARAH C DERRINGTON J |
70. J F Investment Holdings Pty Ltd v Golden Mile Milling Pty Ltd [2023] FCA 1600
| CORPORATIONS - application for access to books and financial records of a company under ss 247A and 247B of the Corporations Act 2001 (Cth) - whether the plaintiff has established a proper purpose - director investigation where access is sought to |
| Date: 18 Dec 2023 Judge: SARAH C DERRINGTON J |
| ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES - native title - appeal from finding that native title did not exist - where appellant found unable to establish current claim group constituted a normative society united in and by a body of laws and |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
72. McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191
| NATIVE TITLE - appeal from adverse determination of questions as to whether native title exists in relation to any land and waters of the claim area in partially overlapping claim - where no lay evidence led below in relation to issues arising under |
| Date: 12 Dec 2023 Judge: PERRY, SARAH C DERRINGTON AND COLVIN JJ |
73. 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 |
74. Raiz v Director of Professional Services Review (No 2) [2023] FCA 1293
| ADMINISTRATIVE LAW - application for judicial review of a decision of Director of Professional Services Review to refer the applicant to a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA Health |
| Date: 30 Oct 2023 Judge: SARAH C DERRINGTON J |
75. Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167
| MIGRATION - Application for writ of habeas corpus and declaration that item 4 of Sch 1 to Migration Amendment (Aggregate Sentences) Act 2023 (Cth) (Amending Act) is invalid - where previous Full Court judgment held cancellation of applicant's visa |
| Date: 19 Oct 2023 Judge: KATZMANN, SARAH C DERRINGTON AND KENNETT JJ |
76. JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Migration Act 1958 (Cth) (Act) - whether Tribunal misunderstood and so |
| Date: 19 Oct 2023 Judge: KATZMANN, SARAH C DERRINGTON, KENNETT JJ |
77. Fourmile on behalf of Gimuy Walubara Yidinji People v State of Queensland (No 2) [2023] FCA 1202
| NATIVE TITLE - application to be joined as a party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether joinder applicant's interests may be affected by determination of native title - whether it is in the |
| Date: 11 Oct 2023 Judge: SARAH C DERRINGTON J |
78. Tonga v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1179
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal misunderstood and so |
| Date: 6 Oct 2023 Judge: Sarah C DERRINGTON J |
79. The Official Trustee in Bankruptcy v Shaw (No 3) [2023] FCA 1178
| BANKRUPTCY AND INSOLVENCY - application by Official Trustee for vexatious proceedings orders against a bankrupt pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - whether Official Trustee authorised under the Bankruptcy Act 1966 |
| Date: 6 Oct 2023 Judge: SARAH C DERRINGTON J |
80. Kitchen v Director of Professional Services Review [2023] FCAFC 160
| COSTS - application for leave to appeal a costs order - whether leave to appeal should be granted - whether primary judgment attended by sufficient doubt - whether adequate reasons given by primary judge - where delay in giving judgment - whether |
| Date: 3 Oct 2023 Judge: CHARLESWORTH, SARAH C DERRINGTON, DOWNES JJ |
81. Poralu Marine Australia Pty Ltd v MV Dijksgracht [2023] FCAFC 147
| CONTRACTS - contract of carriage of goods by sea - formation - whether contract was concluded by way of fixture recap email - construction of recap emails - where recap provided that terms were otherwise as per carrier's standard form booking note |
| Date: 8 Sep 2023 Judge: RARES, SARAH C DERRINGTON AND FEUTRILL JJ |
82. Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 148
| MIGRATION - appeal from dismissal of application for judicial review of decision of Administrative Appeal Tribunal affirming revocation decision pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal weighed appellant's criminal |
| Date: 7 Sep 2023 Judge: MARKOVIC, SARAH C DERRINGTON, FEUTRILL JJ |
83. McEwan v Office of the Australian Information Commissioner [2023] FCAFC 137
| ADMINISTRATIVE LAW - Privacy - appeal from dismissal of application to review decision of Australian Information Commissioner (AIC) not to investigate complaint - where appellant alleged officers within the Australian Taxation Officer made |
| Date: 18 Aug 2023 Judge: CHARLESWORTH, SARAH C DERRINGTON AND MEAGHER JJ |
84. Fulton v Chief of Defence Force [2023] FCAFC 134
| DEFENCE AND WAR - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - officer's retention considered not to be in the interests of the Defence Force - whether |
| Date: 18 Aug 2023 Judge: LOGAN, SARAH C DERRINGTON, STEWART JJ |
85. Storry v Business Licensing Authority [2023] FCA 964
| APPEAL AND NEW TRIAL - application for leave to appeal from summary dismissal of appeal from Administrative Appeals Tribunal - where relief sought from Tribunal is futile - whether primary judge's decision is attended by sufficient doubt - whether |
| Date: 15 Aug 2023 Judge: SARAH C DERRINGTON J |
86. Saffari v Australian Information Commissioner [2023] FCAFC 127
| ADMINISTRATIVE LAW - privacy - appeal from dismissal of application for judicial review of decision of Australian Information Commissioner (AIC) - where AIC found in favour of appellant and awarded compensation - where appellant sought an order that |
| Date: 10 Aug 2023 Judge: SARAH C DERRINGTON, STEWART AND ABRAHAM JJ |
87. Kirk, in the matter of Westlink Pty Ltd (Receivers Appointed) [2023] FCA 893
| CORPORATIONS - winding up - public examinations - application to set aside summonses for examination and production - whether abuse of process - whether reasonable hypothesis exists to support inquiry established by facts or circumstances - whether |
| Date: 10 Aug 2023 Judge: SARAH C DERRINGTON J |
88. Endeavour Securities Australia Ltd (in liq) v Moore Stephens Audit (Vic) [2023] FCA 841
| CORPORATIONS - application for judicial guidance under s 90-15 of the Insolvency Practice Schedule (Corporations) to continue with proceedings |
| Date: 21 Jul 2023 Judge: SARAH C DERRINGTON J |
| CORPORATIONS - interlocutory application to vary restructuring plan pursuant to reg 5.3B.61 of the Corporations Regulations 2001 (Cth) - where restructuring plan had been accepted by creditors - where there is no legislative mechanism to vary |
| Date: 21 Jul 2023 Judge: SARAH C DERRINGTON J |
90. Arnaboldi v State of Queensland [2023] FCA 788
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act - determination sought that no native title exists over the determination area - whether court has power to make orders as sought - |
| Date: 14 Jul 2023 Judge: SARAH C DERRINGTON J |
| COSTS - application for indemnity costs - where there has been a finding of abuse of process - where there has been a finding of ulterior purpose - whether seriousness of finding justified indemnity costs order - application upheld COSTS - |
| Date: 7 Jul 2023 Judge: SARAH C DERRINGTON J |
92. Raiz v Director of Professional Services Review [2023] FCA 771
| PRACTICE AND PROCEDURE - interlocutory application seeking orders for non-standard discovery - where the applicant seeks discovery by way of categories - whether discovery sought wider than issues raised by grounds for judicial review - whether some |
| Date: 7 Jul 2023 Judge: SARAH C DERRINGTON J |
93. De Pyle v Commonwealth of Australia (No 2) [2023] FCA 751
| PRACTICE AND PROCEDURE - application for stay of orders pending appeal - where appeal would be rendered nugatory if stay were not granted - where prejudice to national interest if orders were wrongly made but not stayed pending appeal |
| Date: 29 Jun 2023 Judge: SARAH C DERRINGTON J |
| MIGRATION - where the visa applicant, a citizen of Fiji, held a permanent residency visa as a dependent of his father who held a business visa - where the visa applicant, now an adult, left Australia on a short visit to Fiji - where the Minister's |
| Date: 16 Jun 2023 Judge: LOGAN, SARAH C DERRINGTON AND ANDERSON JJ |
95. Australian Securities and Investments Commission v Cassimatis (Costs) [2023] FCA 613
| COSTS - interlocutory application for lump sum costs order - where respondents have been ordered to pay several costs orders over protracted litigation PRACTICE AND PROCEDURE - whether Court has jurisdiction to determine interlocutory application |
| Date: 9 Jun 2023 Judge: SARAH C DERRINGTON J |
96. De Pyle v Commonwealth of Australia [2023] FCA 597
| PRACTICE AND PROCEDURE - interlocutory application for suppression order - whether suppression order necessary to prevent prejudice to national security - whether suppression order necessary to protect the safety of a person - whether information is |
| Date: 9 Jun 2023 Judge: SARAH C DERRINGTON J |
97. Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549
| PRACTICE AND PROCEDURE - interlocutory application seeking leave to claim same relief in new proceedings pursuant to r 39.03(1)(b) of the Federal Court Rules 2011 (Cth) - where previous proceedings were dismissed for failure to comply with security |
| Date: 29 May 2023 Judge: SARAH C DERRINGTON J |
98. Smith v Bunnings Group Limited [2023] FCA 516
| HUMAN RIGHTS - application alleging unlawful discrimination under the Disability Discrimination Act 1992 (Cth) - whether respondent engaged in direct or indirect discrimination - whether respondent engaged in unlawful discrimination - where |
| Date: 24 May 2023 Judge: SARAH C DERRINGTON J |
| CORPORATIONS - liquidation - public examinations - applications to set aside summons for public examination - whether non-disclosure or abuse of process CORPORATIONS - liquidation - public examinations - applications to set aside summons for public |
| Date: 15 May 2023 Judge: SARAH C DERRINGTON J |
| MIGRATION - appeal against decision of the primary judge to affirm the Administrative Appeals Tribunal's (the Tribunal) decision not to revoke the cancellation of his visa by the Minister under s 501 (3A) of the Migration Act 1958 (the Act) - where |
| Date: 11 May 2023 Judge: LOGAN, Sarah C DERRINGTON AND ANDERSON JJ |
