Browse Federal Court JudgmentsBy Judge - Sarah C Derrington J |
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(Sarah C Derrington
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1. McAvoy v Adani Mining Pty Ltd T/A Bravus Mining and Resources [2026] FCA 675
| PRACTICE AND PROCEDURE – application for summary judgment or strike out of whole, or parts, of statement of claim – representative proceeding under Pt IVA of Federal Court of Australia Act 1976 (Cth) (FCA Act) alleging racial discrimination |
| Date: 1 Jun 2026 Judge: SARAH C DERRINGTON J |
2. Verma v Coles Supermarkets Australia Pty Ltd [2026] FCA 679
| PRACTICE AND PROCEDURE – application by respondent for partial dismissal of proceeding – where applicant alleges racial and disability discrimination and breaches of Fair Work Act 2009 (Cth) – where respondent terminated applicant’s |
| Date: 1 Jun 2026 Judge: SARAH C DERRINGTON J |
3. Angelis v CP Pty Ltd (No 2) [2026] FCA 623
| CONTRACTS – whether security interest granted pursuant to a loan agreement – where lender was related to solicitor for the applicant – where lender of last resort to prevent receivers selling family business and family home where lender was |
| Date: 20 May 2026 Judge: SARAH C DERRINGTON J |
4. Cormack, in the matter of K.N.D Associates Pty Ltd (in liquidation) [2026] FCA 674
| CORPORATIONS – liquidators – application for “shelf order” under s 588FF(3) of the Corporations Act 2001 (Cth) to extend time for making application under s 588FF(1) – where liquidators took substantive steps following appointment – |
| Date: 15 May 2026 Judge: SARAH C DERRINGTON J |
5. Caulton v State of Queensland [2026] FCA 593
| PRACTICE AND PROCEDURE – application by respondents to strike out paragraphs of applicants’ consolidated statement of claim or to require further and better particulars – where representative proceedings alleging discrimination contrary to |
| Date: 13 May 2026 Judge: SARAH C DERRINGTON J |
6. Mitsui O.S.K. Lines Ltd v The Ship: Yangze 22 (No 2) [2026] FCA 476
| ADMIRALTY AND MARITIME – application for stay of proceedings – whether Australia is a clearly inappropriate forum – where collision occurred in Chinese territorial waters – where several proceedings on foot in the People’s Republic of |
| Date: 22 Apr 2026 Judge: SARAH C DERRINGTON J |
7. Panesar v Attorney-General (Cth) [2026] FCAFC 46
| CONSTITUTIONAL LAW – whether primary judge erred in finding there was a “matter” – whether there was a justiciable controversy between the parties – where appellant sought declaration that Australian officials had not consented to use of |
| Date: 15 Apr 2026 Judge: MOSHINSKY, SARAH C DERRINGTON AND STELLIOS JJ |
| CORPORATIONS – scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – whether statutory prerequisites satisfied – whether Court’s discretion to order convening of scheme meeting |
| Date: 30 Mar 2026 Judge: SARAH C DERRINGTON J |
9. Wang v Minister for Immigration and Citizenship [2026] FCA 310
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of the |
| Date: 20 Mar 2026 Judge: SARAH C DERRINGTON J |
10. Ivory v Gawley [2026] FCA 165
| DEFAMATION – assessment of damages – online publications – Facebook posts – impact of the publications – where award of damages previously made against another party in respect of substantially the same imputations arising out of same |
| Date: 27 Feb 2026 Judge: SARAH C DERRINGTON J |
11. Grofski v Peabody Energy Australia PCI Mine Management Pty Ltd (No 2) [2026] FCA 124
| COSTS – application under s 570 of the Fair Work Act 2009 (Cth) – interlocutory application by applicant seeking leave to further amend originating application and statement of claim – whether s 570 engaged by conduct of applicant in |
| Date: 20 Feb 2026 Judge: SARAH C DERRINGTON J |
12. Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCAFC 7
| NATIVE TITLE – future act regime – right to negotiate – expedited procedure – where the Government party gave notices pursuant to s 29 of the Native Title Act 1993 (Cth) (NTA) of proposed grants of exploration licences – where each notice |
| Date: 12 Feb 2026 Judge: MOSHINSKY, SARAH C DERRINGTON AND HILL JJ |
13. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) (Costs) [2026] FCAFC 8
| COSTS – costs orders following unsuccessful appeals – no issue of principle – costs orders made |
| Date: 11 Feb 2026 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
14. Angelis v CP Pty Ltd [2026] FCA 49
| CORPORATIONS – interlocutory application under s 280 of the Personal Properties Securities Act 2009 (Cth) (PPSA) for order requiring provision of a complete and correct response – where applicant made request for information relating to security |
| Date: 2 Feb 2026 Judge: SARAH C DERRINGTON J |
15. Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 4) [2025] FCA 1660
| COSTS – lump sum costs assessment – determination of appropriate quantum of lump sum costs awards in favour of respondents – determination conducted by trial judge with assistance of Registrar |
| Date: 22 Dec 2025 Judge: SARAH C DERRINGTON J |
16. Blucher on behalf of the Gaangalu Nation People v State of Queensland [2025] FCAFC 177
| NATIVE TITLE – appeal from determination by primary judge that native title does not exist in relation to the Claim Area – whether having found appellant held rights at sovereignty over large part of Claim Area, primary judge erred in failing to |
| Date: 5 Dec 2025 Judge: MURPHY, SARAH C DERRINGTON AND BENNETT JJ |
17. Kapterian v Boele (Costs) [2025] FCA 1472
| PARLIAMENTARY ELECTIONS – Court of Disputed Returns – election petition commenced pursuant to the Commonwealth Electoral Act 1918 (Cth) – where petitioner conceded to dismissal of election petition following inspection of disputed ballot |
| Date: 27 Nov 2025 Judge: SARAH C DERRINGTON J |
18. Cowgill v Minister for Immigration and Citizenship [2025] FCAFC 166
| MIGRATION – primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm the Minister’s decision not to revoke the Appellant’s visa cancellation – whether the primary |
| Date: 26 Nov 2025 Judge: SARAH C DERRINGTON, FEUTRILL AND HILL JJ |
19. Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2025] FCAFC 163
| PRACTICE AND PROCEDURE – application for an order that a Full Bench constituted to hear an appeal be reconstituted on the grounds that an apprehension of bias arises in relation to a member of the bench – adjudication of the application by the |
| Date: 20 Nov 2025 Judge: CHARLESWORTH, SARAH C DERRINGTON AND LONGBOTTOM JJ |
20. Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 3) [2025] FCA 1433
| COSTS – lump-sum costs assessment – interlocutory application by applicant seeking orders for respondents to produce source documents forming the basis of costs summaries prior to costs hearing – where source documents only required to be made |
| Date: 19 Nov 2025 Judge: SARAH C DERRINGTON J |
21. Kalari v Minister for Immigration and Citizenship [2025] FCA 1388
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the |
| Date: 12 Nov 2025 Judge: SARAH C DERRINGTON J |
22. Chen v Minister for Immigration and Citizenship [2025] FCA 1301
| MIGRATION – application for judicial review of a decision of the Administrative Review 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) to |
| Date: 24 Oct 2025 Judge: SARAH C DERRINGTON J |
23. HealthX Group Pty Ltd v Palling (No 2) [2025] FCA 1300
| INDUSTRIAL LAW – construction of term in employment contract providing for profit sharing arrangement between employer and employee – where employer seeks declaration that it is not liable to pay employee a “bonus” – where employee seeks |
| Date: 24 Oct 2025 Judge: SARAH C DERRINGTON J |
24. Safarimaznabi v Commissioner of Taxation [2025] FCA 1266
| TAXATION – whistleblower protections under the Taxation Administration Act 1953 (Cth) – application for summary dismissal of proceedings – where applicant alleges existence of novel duty of care – where applicant/whistleblower alleges |
| Date: 17 Oct 2025 Judge: SARAH C DERRINGTON J |
25. Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137
| CORPORATIONS – where appellants commenced voidable transaction proceedings under s 588FF(1) of the Corporations Act 2001 (Cth) – where purported service of proceedings effected outside the time required by r 2.7 of the Federal Court (Corporations |
| Date: 9 Oct 2025 Judge: SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ |
| ADMIRALTY AND MARITIME – Practice and Procedure – application for joinder of additional plaintiff pursuant to rr 9.02 and/or 9.05 of the Federal Court Rules 2011 (Cth) – where plaintiff brings a claim arising out of damage to cargo to be |
| Date: 19 Sep 2025 Judge: SARAH C DERRINGTON J |
27. Australian Securities and Investments Commission v Macrolend Pty Ltd (No 3) [2025] FCA 1158
| CORPORATIONS – debenture – whether certain loan and promissory note arrangements were “financial products” by reason of being debentures within the meaning of s 9 of the Corporations Act 2001 (Cth) CORPORATIONS – alleged contraventions of |
| Date: 19 Sep 2025 Judge: SARAH C DERRINGTON J |
28. Burns v Minister for Veterans’ Affairs [2025] FCA 1096
| ADMINISTRATIVE LAW – application for judicial review of a decision of the Department of Veterans’ Affairs made under the Compensation for Detriment caused by Defective Administration Scheme – where applicant brought claim that his Special Rate |
| Date: 8 Sep 2025 Judge: SARAH C DERRINGTON J |
29. Liang v Minister for Immigration and Citizenship [2025] FCA 1047
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the |
| Date: 29 Aug 2025 Judge: SARAH C DERRINGTON J |
30. RCLN v Minister for Immigration and Citizenship [2025] FCAFC 113
| MIGRATION – where Administrative Appeals Tribunal decided not to revoke cancellation of appellant’s visa on character grounds – where appellant had been released into the community following the Full Federal Court’s decision in Pearson v |
| Date: 26 Aug 2025 Judge: PERRY, SARAH C DERRINGTON AND ABRAHAM JJ |
31. Cao v Minister for Immigration and Citizenship [2025] FCA 996
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister |
| Date: 22 Aug 2025 Judge: SARAH C DERRINGTON J |
32. Australian Energy Regulator v CAM Engineering and Construction Pty Ltd (Costs) [2025] FCA 972
| COSTS – where respondent conceded to making of declarations in respect of admitted contravention of s 112(2) of the National Energy Retail Law (NSW) at initial trial – where admissions made eight months after proceeding commenced and after |
| Date: 18 Aug 2025 Judge: SARAH C DERRINGTON J |
33. BQD18 v Minister for Immigration and Citizenship [2025] FCA 849
| MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed the decision of a delegate of the |
| Date: 18 Aug 2025 Judge: SARAH C DERRINGTON J |
34. 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 |
35. 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 |
36. Grofski v Peabody Energy Australia PCI Mine Management Pty Ltd [2025] FCA 1021
| PRACTICE AND PROCEDURE – application for joinder of an additional applicant pursuant to rules 9.02 and/or 9.05 of the Federal Court Rules 2011 (Cth) – whether common questions of fact between claims of applicant and proposed additional applicant |
| Date: 23 Jul 2025 Judge: SARAH C DERRINGTON J |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
44. 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 |
45. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
53. 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 |
54. 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 |
55. 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 |
56. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
61. 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 |
62. 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 |
63. 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 |
64. 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 |
65. 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 |
66. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
