Browse Federal Court JudgmentsBy Judge - Shariff J |
Results
(Shariff
J)
: 62
| Fully matching documents |
1. 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
8. 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 |
9. 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 |
10. 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 |
12. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
24. 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 |
25. 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 |
26. 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 |
27. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
42. 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 |
44. 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 |
45. 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 |
46. 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 |
47. Quach v RU [2024] FCAFC 32
| PRACTICE AND PROCEDURE - where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable "matter" for the purposes of Chapter III of the Constitution - notice in accordance with s 78B of the Judiciary Act 1903 |
| Date: 12 Mar 2024 Judge: PERRY, MEAGHER AND SHARIFF JJ |
48. Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16
| MIGRATION - appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) - whether primary judge erred by finding that Tribunal was not required to consider and take |
| Date: 29 Feb 2024 Judge: O'BRYAN, ABRAHAM AND SHARIFF JJ |
49. Australian Securities and Investments Commission v ACBF Funeral Plans Pty Ltd [2024] FCAFC 19
| CONSUMER LAW - alleged false and misleading representations and misleading or deceptive conduct in marketing and selling funeral insurance plans to Indigenous communities - representation that during the relevant period the first respondent was |
| Date: 29 Feb 2024 Judge: MURPHY, O'Bryan and Shariff J |
50. Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14
| APPEAL - appeal from dismissal of judicial review application challenging Registrar's decision not to accept interlocutory application (and other documents) for filing - documents not accepted for filing on the basis that the appellate jurisdiction |
| Date: 20 Feb 2024 Judge: THAWLEY, CHEESEMAN AND SHARIFF JJ |
51. Australian Prudential Regulation Authority v Gray [2024] FCA 79
| BANKING AND FINANCIAL INSTITUTIONS - application by Australian Prudential Regulation Authority (APRA) to permanently restrain respondent from conducting 'banking business' within the meaning of the Banking Act 1959 (Cth) (Banking Act) - application |
| Date: 13 Feb 2024 Judge: SHARIFF J |
52. Armidale Local Aboriginal Land Council v Attorney General of New South Wales [2024] FCA 50
| NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) - determination sought under s 86G of the Native Title Act that no native title exists over the determination area - whether |
| Date: 6 Feb 2024 Judge: SHARIFF J |
53. Suncoast Cabs Ltd, in the matter of Suncoast Cabs Ltd [2024] FCA 56
| CORPORATIONS - schemes of arrangement - second court hearing - application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) to approve scheme of arrangement - orders made |
| Date: 5 Feb 2024 Judge: SHARIFF J |
54. Barry, in the matter of an application by Barry [2024] FCA 13
| BANKRUPTCY AND INSOLVENCY - application for leave to manage a corporation where otherwise disqualified - application for declaration that acts done in managing corporation are not invalid - application to extend the time after which the super fund |
| Date: 11 Jan 2024 Judge: SHARIFF J |
55. Soukhodoev v SG Fleet Australia Pty Ltd [2023] FCA 1672
| PRACTICE AND PROCEDURE - application for summary dismissal - accessorial liability - failure to consult or inadequate consultation - adverse action - misrepresentation - knowingly false or reckless representation - disability discrimination - |
| Date: 20 Dec 2023 Judge: SHARIFF J |
56. Suncoast Cabs Ltd, in the matter of Suncoast Cabs Ltd [2023] FCA 1605
| CORPORATIONS - schemes of arrangement - second court hearing - application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) to approve scheme of arrangement - orders made |
| Date: 14 Dec 2023 Judge: SHARIFF J |
57. Tamboran Resources Limited, in the matter of Tamboran Resources Limited [2023] FCA 1569
| CORPORATIONS - schemes of arrangement - second court hearing - application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) to approve scheme of arrangement - orders made |
| Date: 6 Dec 2023 Judge: SHARIFF J |
| PRACTICE AND PROCEDURE - application by respondent for non-publication and suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) -where information is or may be "protected Commission information" within the meaning |
| Date: 6 Dec 2023 Judge: SHARIFF J |
| CORPORATIONS - application to fix later time for registration of securities under s 588FM of the Corporations Act - ex parte - orders made |
| Date: 29 Nov 2023 Judge: SHARIFF J |
| ADMINSTRATIVE LAW - Employment Law - application for judicial review - interlocutory application for suspension of a decision to suspend APS employee from employment - serious question to be tried - balance of convenience - orders made |
| Date: 22 Nov 2023 Judge: SHARIFF J |
61. Tamboran Resources Limited, in the matter of Tamboran Resources Limited [2023] FCA 1331
| CORPORATIONS - schemes of arrangement - first court date - application for orders under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) to convene a meeting of shareholders to consider and agree a proposed scheme of arrangement - orders made |
| Date: 2 Nov 2023 Judge: SHARIFF J |
62. Senatore (Administrator), in the matter of Wambuwayyn Pty Limited [2023] FCA 1207
| CORPORATIONS - application for an extension of time to convene second meeting of creditors - ss 439A(6) and 447A(a) Corporations Act 2001 (Cth) - administrator appointed - discretion exercised to extend time to convene a second meeting of creditors |
| Date: 10 Oct 2023 Judge: SHARIFF J |
