Browse Federal Court JudgmentsBy Judge - Shariff J |
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1. Bunter v Hardy, in the matter of FT Sydney Pty Ltd (subject to a deed of company) [2026] FCA 701
| PRACTICE AND PROCEDURE – application by interested parties for non-publication and suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – where information concerns price and terms of contract for sale of 50% |
| Date: 4 Jun 2026 Judge: SHARIFF J |
2. Eaton v Depuy International Ltd (No 2) [2026] FCAFC 76
| PRACTICE AND PROCEDURE – court orders – variation of orders – accidental slip – whether ambiguous – orders not reflecting intention of the court – reconciling orders |
| Date: 27 May 2026 Judge: MURPHY, CHEESEMAN AND SHARIFF JJ |
3. McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653
| COPYRIGHT – where liability judgment delivered - form of declaratory relief in relation to infringements of moral rights – form of order regarding form of credits appearing in documentary – Court’s power to make orders in relation to an |
| Date: 26 May 2026 Judge: SHARIFF J |
4. Bilal v Ampol Australia Petroleum Pty Ltd (Discovery) [2026] FCA 591
| DISCOVERY – interlocutory application concerning alleged non-compliance with discovery orders – where applicant alleges contravention of the prohibition in s 345 of the Fair Work Act 2009 (Cth) – where non-standard discovery ordered – |
| Date: 13 May 2026 Judge: SHARIFF J |
5. DP World Sydney Ltd v Construction, Forestry and Maritime Employees Union [2026] FCA 592
| INDUSTRIAL LAW – construction of enterprise agreements – where relevant enterprise agreements provide for the formation of an independent panel to conciliate or arbitrate outstanding issues relating to the introduction of automation changes at |
| Date: 13 May 2026 Judge: SHARIFF J |
6. Kuksal v Victorian Legal Services Board (Appeal and Interlocutory Matters) [2026] FCAFC 65
| BANKRUPTCY AND INSOLVENCY — appeal against sequestration orders — validity of bankruptcy notices — whether multiplicity of notices gave rise to an abuse of process — whether notices were invalid because of joint and several liability — |
| Date: 12 May 2026 Judge: BEACH, SHARIFF AND STELLIOS JJ |
7. Sumeo v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 563
| MIGRATION – where delegate of respondent cancelled applicant’s visa under s 501(2) of the Migration Act 1958 (Cth) – where Administrative Review Tribunal (Tribunal) affirmed delegate’s decision – whether Tribunal failed to take into |
| Date: 7 May 2026 Judge: SHARIFF J |
8. OS ACPM Pty Ltd v Mining and Energy Union [2026] FCAFC 59
| INDUSTRIAL LAW – appeal where the respondent sought below declarations as to the construction of certain clauses concerning shiftwork and public holidays in the Black Coal Mining Industry Award 2010 and the Black Coal Mining Industry Award 2020 |
| Date: 7 May 2026 Judge: RAPER, SHARIFF AND DOWLING JJ |
9. Commissioner of the NDIS Quality and Safeguards Commission v Peters [2026] FCA 537
| CIVIL PENALTY – proceedings for civil contraventions of s 73ZN(10) of the National Disability Insurance Scheme Act 2013 (Cth) – where respondent convicted of seven counts of dishonestly obtaining a financial advantage by deception – whether |
| Date: 1 May 2026 Judge: SHARIFF J |
10. Narayan, in the matter of Elexsys Energy Pty Ltd (Receivers and Managers Appointed) [2026] FCA 536
| INSOLVENCY / CORPORATIONS – where parties entered into trade credit agreements and general security deeds – where defendants in default under those agreements and deeds – whether fifth plaintiff as a secured creditor is entitled to enforce |
| Date: 1 May 2026 Judge: SHARIFF J |
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s protection visa was cancelled by a delegate of the Minister following his criminal convictions in 2017 – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) revoked |
| Date: 30 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
| INDUSTRIAL LAW – interpretation of enterprise agreements – dispute as to the proper construction of clauses relating to an entitlement to paid overtime – where clauses provide for a continuous half hour period of overtime as a threshold to |
| Date: 14 Apr 2026 Judge: SNADEN, KENNETT AND SHARIFF JJ |
13. Minister for Immigration and Multicultural Affairs v SSVJ [2026] FCAFC 45
| ADMINISTRATIVE LAW – MIGRATION – where the respondent’s permanent visa was cancelled by a delegate of the Minister following his criminal convictions – where the (now repealed) Administrative Appeals Tribunal (the Tribunal) set aside that |
| Date: 13 Apr 2026 Judge: PERRY, KENNETT AND SHARIFF JJ |
14. Vu v Minister for Immigration and Multicultural Affairs [2026] FCA 413
| MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) to affirm decision of delegate of the Minister not to revoke cancellation of the applicant’s visa under s 501CA(4) of the Migration Act |
| Date: 10 Apr 2026 Judge: SHARIFF J |
15. Cannan v Dollarama Australia Pty Limited ACN 006 122 676 [2026] FCAFC 41
| REPRESENTATIVE PROCEEDINGS – application for leave to appeal and cross-appeal from interlocutory order that amended originating application and amended statement of claim would take effect from date on which interlocutory application seeking leave |
| Date: 10 Apr 2026 Judge: LEE, SHARIFF AND DOWLING JJ |
16. AYF15 v Minister for Immigration and Citizenship [2026] FCA 384
| MIGRATION – application for extension of time and for leave to appeal – no question of principle involved – extension of time granted but leave to appeal refused |
| Date: 2 Apr 2026 Judge: SHARIFF J |
17. DEK17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 386
| MIGRATION – application for extension of time to appeal and appeal – no question of principle involved – extension of time granted but appeal dismissed |
| Date: 2 Apr 2026 Judge: SHARIFF J |
18. EUC19 v Minister for Immigration and Citizenship [2026] FCA 364
| MIGRATION – decision of delegate of Minister to refuse protection visa under s 65 of the Migration Act 1958 (Cth) – Administrative Appeals Tribunal (Tribunal) affirmed decision of Minister’s delegate – judicial review of decision of Tribunal |
| Date: 27 Mar 2026 Judge: SHARIFF J |
19. Emergency Flood Response Pty Ltd v Flood Emergency Services Group Pty Ltd [2026] FCA 357
| CORPORATIONS – interlocutory application – whether respondent should be released from an undertaking given to the Court – whether orders for discovery should be made – no question of principle – application dismissed |
| Date: 27 Mar 2026 Judge: SHARIFF J |
20. Eaton v DePuy International Ltd [2026] FCAFC 33
| CONTRACTS – contractual arrangements recording terms of settlement scheme of representative proceedings – where contractual arrangements make provision for dispute between parties to be resolved by third-party decision maker – where appeal to |
| Date: 27 Mar 2026 Judge: MURPHY, CHEESEMAN AND SHARIFF JJ |
| CONSUMER LAW – adverse publicity orders under s 182 of the NCCP Act – orders resisted by respondents – whether orders appropriate in the circumstances – proposed orders not made COSTS – whether indemnity costs should be payable in favour |
| Date: 20 Mar 2026 Judge: SHARIFF J |
22. Fair Work Ombudsman v Jats Joint Pty Ltd [2026] FCAFC 25
| INDUSTRIAL LAW – interpretation of modern awards – Social, Community, Home Care and Disability Services Award 2010 – where parties have differing interpretations of the Award – whether night shift loading payable with respect to shifts |
| Date: 20 Mar 2026 Judge: WIGNEY, SHARIFF AND MCDONALD JJ |
| PRACTICE AND PROCEDURE – urgent ex parte application for third party freezing orders under r 7.35 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – orders made |
| Date: 27 Feb 2026 Judge: SHARIFF J |
24. McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
| COPYRIGHT – claim for infringement of moral rights under Part IX of the Copyright Act 1968 (Cth) – dispute over which of one or each of two persons is to be attributed and credited as the “principal director” of a documentary film – right |
| Date: 27 Feb 2026 Judge: SHARIFF J |
25. Fair Work Ombudsman v Super Retail Group Limited (Listing of trial) [2026] FCA 54
| PRACTICE AND PROCEDURE – listing of final hearing – convenience of dates for final hearing by reference to the availability of Senior Counsel retained by one party – matter listed |
| Date: 4 Feb 2026 Judge: SHARIFF J |
26. First Class Securities Limited v Global Future Holdings Pty Ltd [2026] FCA 1
| PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – consideration of suspicious, irregular and unusual explanations for the |
| Date: 5 Jan 2026 Judge: SHARIFF J |
27. CMP25 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 199
| MIGRATION – Migration Act 1958 (Cth) – exercise of discretion under s 501BA to override decision of Administrative Appeals Tribunal to revoke visa cancellation – where legal consequences of decision considered but not attributed any weight – |
| Date: 24 Dec 2025 Judge: PERRY, CHEESEMAN AND SHARIFF JJ |
28. BHP Coal Pty Ltd v Mining and Energy Union [2025] FCAFC 194
| INDUSTRIAL LAW – application for judicial review of regulated labour hire orders made by the Fair Work Commission (Commission) under Part 2-7A of the Fair Work Act 2009 (Cth) (FW Act) – where Part 2-7A inserted into the FW Act by the Fair Work |
| Date: 19 Dec 2025 Judge: RANGIAH, WHEELAHAN AND SHARIFF JJ |
29. Whaley v Attorney-General [2025] FCA 1657
| ADMINISTRATIVE LAW – application for judicial review of parole decision under s 19AL(1) of the Crimes Act 1914 (Cth) – whether delegate of Attorney-General failed to give proper, genuine and realistic consideration to relevant matters – |
| Date: 19 Dec 2025 Judge: SHARIFF J |
30. Skilled Workforce Solutions (NSW) Pty Ltd v Mining and Energy Union [2025] FCAFC 195
| INDUSTRIAL LAW – Applications for judicial review of regulated labour hire arrangement orders made by the Fair Work Commission (Commission) under Part 2-7A of the Fair Work Act 2009 (Cth) (FW Act) in two different proceedings relating to the Mt |
| Date: 19 Dec 2025 Judge: RANGIAH, RAPER AND SHARIFF JJ |
31. Electoral Commissioner v McQuestin [2025] FCAFC 188
| ELECTIONS – where respondent found to have contravened s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) on three occasions – where primary judge assessed penalties on the basis of there being three contraventions and imposed an aggregate |
| Date: 16 Dec 2025 Judge: RANGIAH, CHARLESWORTH AND SHARIFF JJ |
32. Rodgerson v Attorney-General [2025] FCA 1570
| PRACTICE AND PROCEDURE – application for extension of time and leave to appeal an order as to costs – where applicant was incarcerated and had limited access to legal materials, computers – extension of time granted – leave to appeal refused |
| Date: 11 Dec 2025 Judge: SHARIFF J |
33. Australian Securities and Investments Commission v Green County Pty Ltd (Penalty) [2025] FCA 1571
| CONSUMER LAW – civil penalty proceedings – where respondents found to have contravened s 29(1) of the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and ss 17(4), 17(6) and 32A of the National Credit Code, being Sch 1 to that Act |
| Date: 11 Dec 2025 Judge: SHARIFF J |
34. Bilal v Ampol Australia Petroleum Pty Ltd (Interlocutory) [2025] FCA 1473
| PRACTICE AND PROCEDURE – application for summary judgment – where applicant alleges contravention of the prohibition in s 345 of the Fair Work Act 2009 (Cth) against knowingly or recklessly making false or misleading representations about |
| Date: 27 Nov 2025 Judge: SHARIFF J |
35. Kitoko v University of Technology Sydney (No 4) [2025] FCA 1474
| HIGH COURT AND FEDERAL COURT – application for vexatious proceedings orders under s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether the applicant has frequently instituted or conducted vexatious proceedings in Australian courts |
| Date: 27 Nov 2025 Judge: SHARIFF J |
| CONSUMER LAW – admitted contraventions of ss 31(1), 47(1)(a), 47(1)(b), 47(1)(d), 47(1)(e) and 47(4) of the National Consumer Credit Protection Act 2009 (Cth) – joint position and submissions as to pecuniary penalties to be imposed – whether |
| Date: 24 Oct 2025 Judge: SHARIFF J |
37. Bilal v Ampol Limited [2025] FCA 1189
| PRACTICE AND PROCEDURE – interlocutory application for summary dismissal of proceedings or strike out of the statement of claim – where applicant alleges contraventions of whistleblower protections in the Corporations Act 2001 (Cth) – summary |
| Date: 25 Sep 2025 Judge: SHARIFF J |
38. Bilal v EML NSW Limited [2025] FCA 1190
| PRACTICE AND PROCEDURE – interlocutory application for summary dismissal of proceedings – where applicant alleges contraventions of whistleblower protections in the Corporations Act 2001 (Cth) and contraventions of s 345 of the Fair Work Act |
| Date: 25 Sep 2025 Judge: SHARIFF J |
39. ZDTV v Administrative Review Tribunal [2025] FCA 1150
| ADMINISTRATIVE LAW – application for judicial review of a decision of the Administrative Review Tribunal (the ART) – where the ART decided that it did not have jurisdiction to conduct “second reviews” of two decisions made by the second |
| Date: 18 Sep 2025 Judge: SHARIFF J |
40. Australian Securities and Investments Commission v RAMS Financial Group Pty Ltd [2025] FCA 1087
| PRACTICE AND PROCEDURE – interlocutory application for third party to be granted leave to intervene or to be appointed as an amicus curiae or contradictor in civil penalty proceedings – where case management stay sought in the alternative – |
| Date: 4 Sep 2025 Judge: SHARIFF J |
| CORPORATIONS – interlocutory process initiated by liquidator seeking approval of entry into two deeds amending a funding agreement and a deed of indemnity pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – where deeds of variation give |
| Date: 3 Sep 2025 Judge: SHARIFF J |
42. Seeto v Uber Australia Pty Ltd [2025] FCA 1032
| COURTS AND JUDGES – reasonable apprehension of bias – prospect of recusal raised on docket judge’s own assessment - circumstances giving rise to reasonable apprehension of bias – former professional relationship with client/litigant in |
| Date: 27 Aug 2025 Judge: SHARIFF J |
43. Kitoko v University of Technology Sydney (No 3) [2025] FCA 915
| PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where application for leave to appeal is more than three years out of time – where no adequate explanation provided for the delay – prejudice to the respondents |
| Date: 8 Aug 2025 Judge: SHARIFF J |
44. Kitoko v Sydney Local Health District [2025] FCA 914
| PRACTICE AND PROCEDURE – interlocutory application for summary judgment and dismissal of the applicant’s originating application – where the applicant repeats claims previously considered and dismissed by the Supreme Court of New South Wales |
| Date: 8 Aug 2025 Judge: SHARIFF J |
45. McCallum v Projector Films Pty Ltd [2025] FCA 903
| COPYRIGHT – interlocutory application – dispute over which of two persons is to be attributed and credited as the “principal director” of a documentary to be premiered this week at the Melbourne International Film Festival – moral rights |
| Date: 6 Aug 2025 Judge: SHARIFF J |
46. Rainforest Reserves Australia Inc v Minister for the Environment and Water (Costs) [2025] FCA 702
| COSTS – where applicant unsuccessfully challenged ministerial approval of proposed wind farm under Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether litigation brought in public interest – whether important |
| Date: 27 Jun 2025 Judge: SHARIFF J |
47. ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 5) [2025] FCA 687
| EVIDENCE – commencement of complex and long trial imminent – where respondents applied for an order that certain witnesses to give oral evidence by audio-visual link (AVL) or alternatively an order that their evidence be taken on commission in |
| Date: 24 Jun 2025 Judge: SHARIFF J |
48. Davis v Wilson (Costs) [2025] FCA 666
| COSTS – application for costs – where contraventions established under s 1041H of the Corporations Act 2001 (Cth) and s 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) – where no loss proven to have been |
| Date: 20 Jun 2025 Judge: SHARIFF J |
49. Minister for Immigration and Multicultural Affairs v Peralta Montes [2025] FCA 667
| MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – where delegate of Minister refused to grant a visa under s 501(1) of the Migration Act 1958 (Cth) as respondent did not pass character test – where |
| Date: 20 Jun 2025 Judge: SHARIFF J |
50. McGrath, in the matter of IE CA 3 Holdings Ltd [2025] FCA 635
| BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application to set aside examination summonses brought by two prospective examinees in circumstances where local Australian proceedings are an adjunct to foreign main proceedings in Canada |
| Date: 13 Jun 2025 Judge: SHARIFF J |
51. Levitt v Luke in his capacity as the co-executor of the estate of Luke (Deceased) [2025] FCAFC 79
| REPRESENTATIVE PROCEEDING – appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – where primary judge disallowed a portion of claimed legal fees on basis that solicitor for the lead |
| Date: 12 Jun 2025 Judge: MOSHINSKY, BUTTON AND SHARIFF JJ |
52. Australian Securities and Investments Commission v BPS Financial Pty Ltd [2025] FCAFC 74
| CORPORATIONS – respondent carried on a financial services business within the meaning of Pt 7.6 of the Corporations Act 2001 (Cth) (Act) by issuing a facility for non-cash payments involving the “Qoin” digital currency or crypto-asset – |
| Date: 30 May 2025 Judge: COLLIER, MARKOVIC AND SHARIFF JJ |
53. Rainforest Reserves Australia Inc v Minister for the Environment and Water [2025] FCA 532
| ENVIRONMENTAL LAW – where a delegate of the Minister for the Environment and Water granted an approval under ss 130(1) and 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to construct, operate and |
| Date: 22 May 2025 Judge: SHARIFF J |
54. Han v St Basil’s Homes (No 2) [2025] FCA 448
| INDUSTRIAL LAW – claims made by employee for orders as to compensation and penalties following determination that her employer had contravened ss 340(1)(a) and 351(1) of the Fair Work Act 2009 (Cth) (FW Act) – claim for compensation made under s |
| Date: 6 May 2025 Judge: SHARIFF J |
55. Australian Securities and Investments Commission v Green County Pty Ltd [2025] FCA 367
| CONSUMER LAW – alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and National Credit Code (Code) – where first and second respondents engaged in “credit activity” associated with the provision of credit |
| Date: 15 Apr 2025 Judge: SHARIFF J |
56. YAF Master v S&P Global, Inc (Applications for Leave) [2025] FCA 333
| PRACTICE AND PROCEDURE – application to amend pleadings and to rely upon further evidence in circumstances of complex litigation listed for 8 week final hearing commencing in June 2025 when proceedings were listed for final hearing in December |
| Date: 9 Apr 2025 Judge: SHARIFF J |
57. Insurance Australia Limited t/as CGU Insurance v Capral Limited [2025] FCAFC 46
| PRACTICE AND PROCEDURE – application for leave to appeal from order answering separate questions – application for leave to appeal granted – appeal dismissed INSURANCE – general products and liability policy – where applicant supplied |
| Date: 3 Apr 2025 Judge: THAWLEY, DOWNES AND SHARIFF JJ |
58. Mangano v Bullen [2025] FCAFC 42
| BANKRUPTCY AND INSOLVENCY – appeal from a sequestration order – where appeal by way of rehearing – where primary judge was not satisfied that debtor had discharged her onus to prove that she was able to pay her debts within the meaning of s |
| Date: 2 Apr 2025 Judge: CHEESEMAN, SHARIFF AND NEEDHAM JJ |
59. AIX20 v Director-General of Security [2025] FCAFC 38
| PRACTICE AND PROCEDURE – public interest immunity claims – restricted counsel procedure – leave to appeal judgment upholding claim of public interest immunity – appellate standard of review for decisions upholding public interest immunity |
| Date: 28 Mar 2025 Judge: MURPHY, BROMWICH AND SHARIFF JJ |
60. Deng v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 260
| MIGRATION – judicial review of decision of Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate not to revoke mandatory cancellation of applicant’s visa under s 501(3A) of the Migration Act (Cth) – where |
| Date: 26 Mar 2025 Judge: SHARIFF J |
| INDUSTRIAL LAW – where union sought judicial review of judgment of the Full Bench of the Fair Work Commission (‘the Commission’) under s 425(1)(a) of the Fair Work Act 2009 (Cth) – where union submitted that the Commission erred by |
| Date: 25 Mar 2025 Judge: PERRAM, RANGIAH AND SHARIFF JJ |
62. Kuk v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 235
| ADMINISTRATIVE LAW – practice and procedure – application for extension of time to appeal from decision of Administrative Appeals Tribunal refusing application for resumption of Australian citizenship – where no adequate explanation provided |
| Date: 21 Mar 2025 Judge: SHARIFF J |
63. Younes v Minister for Immigration and Multicultural Affairs [2025] FCA 236
| MIGRATION – application for judicial review of Minister’s decision – where Minister exercised personal power conferred by s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis |
| Date: 21 Mar 2025 Judge: SHARIFF J |
64. BFBZ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 234
| MIGRATION – judicial review of decision of Minister – where Minister exercised personal power conferred by s 501BA of the Migration Act 1958 (Cth) to set aside decision of Administrative Appeals Tribunal – where Minister found visa |
| Date: 21 Mar 2025 Judge: SHARIFF J |
| PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge made suppressions orders “until further order” – no substantial injustice established –leave refused |
| Date: 11 Mar 2025 Judge: SHARIFF J |
66. Davis v Wilson [2025] FCA 108
| REPRESENTATIVE PROCEEDINGS - shareholder class action - misleading or deceptive conduct - where applicants alleged they acquired shares in publicly listed company at an inflated price due to misleading or deceptive conduct on part of managing |
| Date: 21 Feb 2025 Judge: SHARIFF J |
| CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - discretion exercised to extend time to convene second meeting of creditors |
| Date: 20 Feb 2025 Judge: SHARIFF J |
68. Goyal, in the matter of Procuret Holding Pty Ltd (Administrators Appointed) [2025] FCA 85
| CORPORATIONS - application for extension of convening period for second meeting of creditors - application allowed |
| Date: 12 Feb 2025 Judge: SHARIFF J |
69. ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 4) [2025] FCA 72
| EVIDENCE - expert evidence - admissibility - complex class action and investor proceedings - interlocutory application made under s 192A of the Evidence Act 1995 (Cth) for advance rulings on the admissibility of expert evidence - where ruling on |
| Date: 6 Feb 2025 Judge: SHARIFF J |
70. United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 7
| COSTS - application for leave to discontinue - where originating application sought constitutional writs in respect of decision of Fair Work Commission exercising arbitral powers under an enterprise agreement - where hearing of originating |
| Date: 5 Feb 2025 Judge: KATZMANN, SNADEN AND SHARIFF JJ |
71. Callide Energy Pty Ltd v Park [2025] FCA 37
| CONTRACTS - contractual construction and interpretation - joint venture agreement - pre-emptive rights clauses - where a pre-emptive right is exercisable upon a change in control - privity of contract - agency - where a clause purports to impose |
| Date: 3 Feb 2025 Judge: SHARIFF J |
| CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - application pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth) |
| Date: 20 Dec 2024 Judge: SHARIFF J |
73. 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 |
74. Masters v Lombe (Liquidator), in the matter of Babcock & Brown Limited (in liq) [2024] FCA 1519
| PRACTICE AND PROCEDURE - stay application - no question of principle - application dismissed |
| Date: 18 Dec 2024 Judge: SHARIFF J |
75. Liebherr-Australia Pty Ltd v LEQ2 Pty Ltd, in the matter of LEQ2 Pty Ltd [2024] FCA 1484
| CORPORATIONS - application under s 588FM of the Corporations Act 2001 (Cth) to fix later time for registration of certain security interests - application for relief under s 293 of the Personal Property Securities Act 2009 (Cth) - orders made |
| Date: 18 Dec 2024 Judge: SHARIFF J |
76. Krejci, in the matter of Sydney Exotic Aquariums Casula Pty Ltd (in liq) [2024] FCA 1409
| CORPORATIONS - application for adjournment of examination hearings scheduled to commence next day - adjournment sought to allow applicants to be heard on application for extension of time to bring application to discharge summonses - whether an |
| Date: 6 Dec 2024 Judge: SHARIFF J |
| PRACTICE AND PROCEDURE - application for suppression, non-publication and confidentiality orders in respect of statement of claim (SOC) - where SOC unable to be accessed prior to first case management hearing pursuant to r 2.32(2) of the Federal |
| Date: 4 Dec 2024 Judge: SHARIFF J |
78. Laing O'Rourke Australia Management Services Pty Ltd v Haley [2024] FCA 1323
| INDUSTRIAL LAW - appeal from decision of Federal Circuit and Family Court of Australia (FCFCOA) in which primary judge found appellant liable for wrongful termination, adverse action contrary to s 340(1) of Fair Work Act 2009 (Cth) (FW Act) and a |
| Date: 15 Nov 2024 Judge: SHARIFF J |
79. Imad v Director-General of Security [2024] FCAFC 138
| PRACTICE AND PROCEDURE - public interest immunity - where primary judge upheld the Director-General of Security's claim of public interest immunity over documents relating to adverse security assessment (ASA) against applicant - whether primary |
| Date: 30 Oct 2024 Judge: BROMWICH, THAWLEY AND SHARIFF JJ |
80. ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 3) [2024] FCA 1238
| PRACTICE AND PROCEDURE - application for further security for costs - where further security sought for past and future costs on basis of substantial amendments to pleadings - where application resisted on bases of delay and non-entitlement to |
| Date: 25 Oct 2024 Judge: SHARIFF J |
81. Dorsch v HEAD Oceania Pty Ltd [2024] FCAFC 133
| INDUSTRIAL LAW - appeal from primary judgment dismissing various claims for adverse action, unreasonable work hours and breach of contract (save for one claim in relation to a conceded failure to pay accrued annual leave entitlements upon termination |
| Date: 18 Oct 2024 Judge: SNADEN, HATCHER AND SHARIFF JJ |
82. State of New South Wales - Sydney Trains v Annovazzi [2024] FCAFC 120
| HUMAN RIGHTS - disability discrimination - appeal - where the respondent was a trainee train driver on probation - where the respondent had Asperger's Syndrome and ADHD and took medication as required - where the appellant terminated her employment |
| Date: 12 Sep 2024 Judge: BROMWICH, RAPER AND SHARIFF JJ |
83. Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCAFC 116
| ADMINISTRATIVE LAW - appeal from primary judgment dismissing appeal from Administrative Appeals Tribunal (Tribunal) on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where primary judge dismissed appeal from |
| Date: 5 Sep 2024 Judge: COLLIER, RAPER AND SHARIFF JJ |
84. Fair Work Ombudsman v Ho [2024] FCAFC 111
| INDUSTRIAL LAW - multiple contraventions of a civil penalty provision - application of s 556 of the Fair Work Act 2009 (Cth) - application of s 557 of the Fair Work Act 2009 (Cth) - application of the "one transaction" principle - application of the |
| Date: 30 Aug 2024 Judge: RAPER, SHARIFF AND DOWLING JJ |
85. Sprowles, in the matter of ACN 619 665 628 Pty Ltd (in liquidation) v Rouse [2024] FCA 988
| CORPORATIONS - where liquidators sought orders under ss 588FB, 588FDA, 588FE and 588FF of the Corporations Act 2001 (Cth) in relation to certain alleged uncommercial transactions and unreasonable director-related transactions - where company made |
| Date: 29 Aug 2024 Judge: SHARIFF J |
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) (NT Act) - determination sought under s 86G of the NT Act that no native title exists over the determination area - whether |
| Date: 16 Aug 2024 Judge: SHARIFF J |
87. Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 791
| 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: 19 Jul 2024 Judge: SHARIFF J |
88. Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 790
| 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) (Act) - |
| Date: 19 Jul 2024 Judge: SHARIFF J |
89. Colley, in the matter of PF Group Holdings Pty Ltd (Administrators Appointed) [2024] FCA 792
| CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - discretion exercised to extend time to convene second meeting of creditors |
| Date: 18 Jul 2024 Judge: SHARIFF J |
90. Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 652
| 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) - where |
| Date: 20 Jun 2024 Judge: SHARIFF J |
91. Rizk v Basseal [2024] FCA 647
| INDUSTRIAL LAW - appeal from finding that worker was not an employee - consideration of applicable standard of review in such an appeal - consideration of applicable principles where no written contract between parties - consideration of status of |
| Date: 19 Jun 2024 Judge: SHARIFF J |
92. Jiang v Slater & Gordon Ltd [2024] FCA 617
| PRACTICE AND PROCEDURE - summary dismissal - shareholders commenced proceedings against target of successful compulsory takeover bid seeking relief under s 661E of the Corporations Act 2001 (Cth) - where s 661E allows minority shareholder subject to |
| Date: 12 Jun 2024 Judge: SHARIFF J |
93. Tedesco v LVT Capital Pty Ltd as trustee for the LVT Capital Discretionary Trust [2024] FCA 601
| CORPORATIONS - application for orders fixing later time for registration of security interests under s 588FM of the Corporations Act 2001 (Cth) - where defendants in voluntary administration - where application opposed in part by administrator of |
| Date: 7 Jun 2024 Judge: SHARIFF J |
94. Tesoriero v Cao Holdings Pty Ltd, in the matter of Cao Holdings Pty Ltd [2024] FCA 623
| CORPORATIONS - application for orders fixing later time for registration of security interest under s 588FM of the Corporations Act 2001 (Cth) - where application made ex parte but with defendant's consent - where failure to register security was |
| Date: 27 May 2024 Judge: SHARIFF J |
| PRACTICE AND PROCEDURE - application for leave to appeal from judgment approving settlement of representative proceedings - where primary judge disallowed a portion of legal costs on basis that solicitor failed to act with due expedition in |
| Date: 24 May 2024 Judge: SHARIFF J |
96. Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa - where delegate concluded that the "best interests of children" consideration weighed in favour of revocation - |
| Date: 24 May 2024 Judge: RANGIAH, THAWLEY AND SHARIFF JJ |
| COSTS - where applicant sought judicial review of decision of Minister's delegate to grant dispensations under s 20(1) of the Sydney Airport Curfew Act 1995 (Cth) - where Minister's delegate revoked each of the dispensations the subject of the |
| Date: 14 May 2024 Judge: SHARIFF J |
98. Australian Securities and Investments Commission v Noumi (No 2) [2024] FCA 495
| EVIDENCE - where finding in Principal Judgment (PJ) that legal professional privilege applies to Contested Documents including investigation report - where finding in PJ as to waiver of privilege in investigation report and associated documents - |
| Date: 14 May 2024 Judge: SHARIFF J |
99. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 468
| MIGRATION - application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) - where applicant convicted of nine offences, including one which was not to be regarded as an offence for any purpose pursuant to s |
| Date: 9 May 2024 Judge: SHARIFF J |
100. Australian Securities and Investments Commission v Noumi Ltd [2024] FCA 349
| EVIDENCE - informal discovery - claim of legal professional privilege over investigation report and communications protocol - whether privilege attaches to these communications - requirements of legal professional privilege - held that privilege |
| Date: 11 Apr 2024 Judge: SHARIFF J |
