Browse Federal Court JudgmentsBy Judge - Snaden J |
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1. Frigger v Trenfield [2026] FCAFC 67
| BANKRUPTCY AND INSOLVENCY – appeal of decision not to set aside sequestration orders on the basis of fraud – appeal of decision not to annul bankruptcies – where alleged substantive or procedural irregularities in bankruptcy notice – alleged |
| Date: 19 May 2026 Judge: SNADEN, NESKOVCIN and Owens JJ |
2. Lye v Commonwealth of Australia (as represented by the Bureau of Meteorology) [2026] FCA 594
| PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – application sought reinstatement and related orders – where applicant had been suspended then dismissed from his employment after making various complaints and |
| Date: 14 May 2026 Judge: SNADEN J |
3. Frigger (Restraint Application) [2026] FCA 603
| PRACTICE AND PROCEDURE – interlocutory application – whether orders should be made to restrain firm of solicitors from further acting in proceeding – application dismissed |
| Date: 13 May 2026 Judge: SNADEN J |
| INDUSTRIAL LAW – application for judicial review of first instance and full bench decisions of the Fair Work Commission (“Commission”) – where Commission had summarily dismissed application brought by applicant that it be registered as an |
| Date: 8 May 2026 Judge: JACKSON, SNADEN AND DOWLING JJ |
5. Reiche v Neometals Ltd [2026] FCAFC 53
| CORPORATIONS – appeal from judgment of single judge concerning whistleblower protections under pt 9.4AAA of the Corporations Act 2001 (Cth) (the “Corps Act”) – where primary judge dismissed application for compensation and other remedies |
| Date: 4 May 2026 Judge: SNADEN, RAPER AND NESKOVCIN JJ |
6. Director of Consumer Affairs Victoria v White Ray (Oakleigh) Pty Ltd [2026] FCA 497
| CONSUMER LAW – admitted contraventions of the Australian Consumer Law – orders as to relief jointly proposed by parties – jurisdiction of court – factors bearing on setting of penalty – penalty imposed |
| Date: 24 Apr 2026 Judge: SNADEN J |
7. Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 51
| MIGRATION – appeal from decision to dismiss application for judicial review of decision of second respondent (“Tribunal”) – where appellant’s visa had been mandatorily cancelled by operation of s 501(3A) of the Migration Act 1958 (Cth) |
| Date: 24 Apr 2026 Judge: SNADEN, HORAN AND DOWLING 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 |
9. Frigger (Recusal Application) [2026] FCA 393
| PRACTICE AND PROCEDURE – substantive proceeding concerned with whether to make orders under pt VAAA of the Federal Court of Australia Act 1976 (Cth) in respect of self-represented litigants – application for recusal of judge made by those |
| Date: 8 Apr 2026 Judge: SNADEN J |
10. Lighthouse Building Permits Pty Ltd v Site Inspections Pty Ltd [2026] FCA 408
| ADMINISTRATIVE LAW – review of a decision of a registrar – decision to dismiss processes brought by third and fourth respondents and to award costs on indemnity basis – rehearing de novo – whether pleading discloses arguable cause of action |
| Date: 8 Apr 2026 Judge: SNADEN J |
11. DIL18 v Minister for Immigration and Citizenship [2026] FCA 285
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) – where primary judge dismissed application for judicial review of decision of the Administrative Appeals Tribunal – whether Tribunal failed to |
| Date: 19 Mar 2026 Judge: SNADEN J |
12. Sharma v Minister for Immigration and Citizenship [2026] FCA 284
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) – where primary judge dismissed application for judicial review of decision of the Administrative Appeals Tribunal – whether Tribunal erred in |
| Date: 19 Mar 2026 Judge: SNADEN J |
13. Davidson v Official Receiver [2026] FCAFC 15
| BANKRUPTCY – where bankrupt made payments of money to appellant pursuant to fraudulent betting scheme – where appellant distributed amounts among syndicate members – where Official Receiver gave notice under s 139ZQ of Bankruptcy Act 1966 (Cth |
| Date: 3 Mar 2026 Judge: SNADEN, HORAN AND DOWLING JJ |
14. Hodgson v Minister for Immigration and Citizenship [2026] FCA 149
| MIGRATION – application for judicial review of a decision of Administrative Appeals Tribunal – where applicant’s visa had been mandatorily cancelled due to his imprisonment for sexually-based offending involving a child – where Tribunal |
| Date: 26 Feb 2026 Judge: SNADEN J |
15. Frigger v Professional Services of Australia Pty Ltd [2026] FCAFC 9
| CORPORATIONS – appeal from decision to dismiss application to remove company from register under s 1322(4)(b) of the Corporations Act 2001 (Cth) – where company registered on 5 June 1998 under Pt 2.2 of the Corporations Law (WA) 1990 – |
| Date: 17 Feb 2026 Judge: SNADEN, O'SULLIVAN AND NESKOVCIN JJ |
16. Alpert v Commonwealth of Australia (Department of Defence) (No 3) [2026] FCA 78
| PRACTICE AND PROCEDURE – interlocutory application – application for leave to file an amended originating application and second amended statement of claim – whether proposed amendments to statement of claim embarrassing or otherwise abuse the |
| Date: 16 Feb 2026 Judge: SNADEN J |
17. Kant v Australian Information Commissioner (No 3) [2026] FCA 51
| ADMINISTRATIVE LAW – application for judicial review of respondent’s decision made under Privacy Act 1988 (Cth) (the “Act”) – where delegate of respondent declined to investigate complaint/enquiry by applicant because ASIO is an exempt |
| Date: 6 Feb 2026 Judge: SNADEN J |
| CORPORATIONS – administration – trustee company rendered bare trustee by reason of it entering into administration – application by administrators to be appointed as receivers of trust property under s 57(1) of the Federal Court of Australia |
| Date: 23 Jan 2026 Judge: SNADEN J |
19. Po’oi v Minister for Immigration and Citizenship [2025] FCAFC 192
| MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether time spent by Minister considering material prepared by departmental officers in relation to |
| Date: 19 Dec 2025 Judge: SNADEN, KYROU AND NEEDHAM JJ |
20. Cropper v Energy Action (Australia) Pty Ltd (No 4) [2025] FCA 1605
| INDUSTRIAL LAW – where liability for contraventions of the Fair Work Act 2009 (Cth) established by previous judgment – imposition of pecuniary penalties – factors bearing upon setting of penalties – deliberateness of contravening conduct – |
| Date: 18 Dec 2025 Judge: SNADEN J |
| ADMINISTRATIVE LAW – application for judicial review of decision made under the National Redress Scheme for Institutional Child Sexual Abuse – constitutional validity of authorising legislation challenged and notices issued under s 78B of the |
| Date: 9 Dec 2025 Judge: SNADEN J |
22. Gogulwar v H.B. Fuller Company Australia Pty Ltd [2025] FCA 1529
| INDUSTRIAL LAW – employment – adverse action – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) – where the primary judge had dismissed the appellant’s claims that by effecting his dismissal (amongst other |
| Date: 9 Dec 2025 Judge: SNADEN J |
23. Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2025] FCA 1533
| PRACTICE AND PROCEDURE – application for stay of proceeding pending determination of related proceeding in the Fair Work Commission (“FWC”) determining whether to vary enterprise agreements to remove ambiguity or uncertainty under s 217 of |
| Date: 3 Dec 2025 Judge: SNADEN J |
24. HKW25 v National Disability Insurance Agency [2025] FCA 1379
| PRACTICE AND PROCEDURE – interlocutory application for suppression of applicant’s identity pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – circumstances in which suppression is necessary to prevent prejudice to proper |
| Date: 13 Nov 2025 Judge: SNADEN J |
25. Cummings v Minister for Immigration and Multicultural Affairs (No 2) [2025] FCA 1373
| MIGRATION – review of a decision of the respondent under s 501A(3)(b) of the Migration Act 1958 (Cth) setting aside decision of Tribunal – where consent position of parties as to disposition of review application – where Minister concedes |
| Date: 7 Nov 2025 Judge: SNADEN J |
26. Australian Salaried Medical Officers’ Federation v Peninsula Health (No 5) [2025] FCA 1332
| REPRESENTATIVE PROCEEDING – form of orders for approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – inclusion of further order conferring power on scheme administrators to permit late registrations to settlement |
| Date: 31 Oct 2025 Judge: SNADEN J |
27. Frigger v Trenfield (No 12) [2025] FCA 1320
| PRACTICE AND PROCEDURE – application by appellants to set aside orders of the court after entry, or alternatively to obtain an extension of time for compliance – where impugned orders required appellants to pay second respondent’s costs of a |
| Date: 29 Oct 2025 Judge: SNADEN J |
28. Jama v Minister of Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 149
| MIGRATION – appeal from decision to dismiss application for judicial review of decision of the respondent (“Minister”) to cancel the appellant’s visa – where Minister had made public statements about his approach to s 501BA of the |
| Date: 24 Oct 2025 Judge: RANGIAH, SNADEN AND WHEATLEY JJ |
29. Precious Family Day Care Pty Ltd v Secretary, Department of Education [2025] FCAFC 148
| ADMINISTRATIVE LAW – appeal from orders of a judge of the Court dismissing an “appeal” brought pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – the Administrative Appeals Tribunal affirmed a decision of the Secretary |
| Date: 24 Oct 2025 Judge: WHEELAHAN, SNADEN AND MEAGHER JJ |
30. Australian Salaried Medical Officers’ Federation v Peninsula Health (No 4) [2025] FCA 1268
| REPRESENTATIVE PROCEEDING – settlement approval application under s 33V of the Federal Court of Australia Act 1976 (Cth) – whether the proposed settlement is fair and reasonable in the interests of group members – whether orders under pt VAA |
| Date: 20 Oct 2025 Judge: SNADEN J |
31. Smith v Birchall [2025] FCA 1256
| ADMINISTRATIVE LAW – judicial review – whether registrar erred by refusing to accept for filing an originating application – whether proposed application an abuse of process – where proposed application sought to challenge the constitutional |
| Date: 16 Oct 2025 Judge: SNADEN J |
| PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory judgment of the court – where applicants for leave to appeal had sought to strike out part of the first respondent’s pleading on the basis that it did not disclose |
| Date: 6 Oct 2025 Judge: SNADEN J |
33. Australian Competition and Consumer Commission v Telstra Limited (No 2) [2025] FCA 1220
| CONSUMER LAW – where liability for contraventions of Australian Consumer Law established by previous judgment – orders as to relief jointly proposed by parties – appropriateness of declaratory relief – factors bearing upon setting of penalty |
| Date: 3 Oct 2025 Judge: SNADEN J |
34. Howard v Chevron Australia Pty Ltd (No 2) [2025] FCA 1166
| PRACTICE AND PROCEDURE – interlocutory application for summary dismissal or alternatively, strike out – where applicant is a litigant-in-person – whether applicant has a reasonable prospect of successfully prosecuting causes of action under |
| Date: 22 Sep 2025 Judge: SNADEN J |
35. Cummings v Minister for Immigration and Multicultural Affairs [2025] FCA 1160
| PRACTICE AND PROCEDURE – application for interlocutory injunction – where applicant held in immigration detention pending judicial review of respondent’s decision to cancel his visa – where injunctive relief sought as against the respondent |
| Date: 17 Sep 2025 Judge: SNADEN J |
36. PYYV v Minister for Immigration and Multicultural Affairs [2025] FCA 1113
| MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal was engaged in merits review of decision of Minister’s delegate – where applicant’s visa had been cancelled as a result of his |
| Date: 11 Sep 2025 Judge: SNADEN J |
37. 3D Access Pty Ltd v Buzasi [2025] FCA 1105
| PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief and freezing orders – where first respondent a former employee, director and shareholder of first applicant – where employment contract contained restraint clause |
| Date: 9 Sep 2025 Judge: SNADEN J |
| INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission – where the Commission made a single interest employer authorisation under s 249 of the Fair Work Act 2009 (Cth) – whether the |
| Date: 5 Sep 2025 Judge: COLLIER, SNADEN AND RAPER JJ |
39. Cropper v Energy Action (Australia) Pty Ltd (No 3) [2025] FCA 950
| INDUSTRIAL LAW – application for statutory compensation and damages – underpayment of statutory entitlements – quantum of loss arising from breach of contract – where liability established by previous judgment – where quantum partly |
| Date: 14 Aug 2025 Judge: SNADEN J |
40. Retail and Fast Food Workers’ Union Inc v Woolworths Group Ltd [2025] FCAFC 105
| INDUSTRIAL LAW – application for judicial review of a decision of the Fair Work Commission – enterprise agreements – Full Bench of Fair Work Commission approved single enterprise agreement known as the Woolworths Australian Food Group |
| Date: 14 Aug 2025 Judge: WHEELAHAN, SNADEN AND DOWLING JJ |
41. Cannan v The Reject Shop Ltd (No 2) [2025] FCA 879
| REPRESENTATIVE PROCEEDINGS – interlocutory application for leave to file an amended originating application and statement of claim – application to amend expands group member definition and includes new claims for relief – amended group member |
| Date: 1 Aug 2025 Judge: SNADEN J |
42. Dorsch v HEAD Oceania Pty Ltd [2025] FCA 854
| PRACTICE AND PROCEDURE – application for leave to appeal a costs order made by a single judge of the Federal Court – whether leave to appeal should be granted – whether substantial injustice occasioned if leave to appeal refused – whether |
| Date: 25 Jul 2025 Judge: SNADEN J |
43. ETI17 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 819
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal – where appellants required |
| Date: 21 Jul 2025 Judge: SNADEN J |
| COSTS – where appeal from judgment of single judge allowed, in part –where both parties enjoyed measure of success – where declarations of primary judge set aside and remade – whether order of primary judge requiring appellant to pay |
| Date: 17 Jul 2025 Judge: COLLIER, SNADEN AND HATCHER JJ |
45. GCU18 v Minister for Immigration and Citizenship [2025] FCA 727
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) (“FCFCOA”) – where primary judge dismissed application made out of time for judicial review of Administrative Appeals Tribunal decision – |
| Date: 4 Jul 2025 Judge: SNADEN J |
46. National Tertiary Education Union v Monash University (No 2) [2025] FCA 728
| INDUSTRIAL LAW – where respondent university employs academic staff engaged to perform sessional tutorial work – where engagement of those staff covered by relevant enterprise agreements – where staff scheduled to perform student consultation |
| Date: 4 Jul 2025 Judge: SNADEN J |
47. DDK18 v Minister for Immigration and Citizenship [2025] FCA 712
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of decision of the Administrative Appeals Tribunal – whether primary judge |
| Date: 30 Jun 2025 Judge: SNADEN J |
48. Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663
| INDUSTRIAL LAW – application for statutory compensation and damages pursuant to provisions of the Fair Work Act 2009 (Cth) – where applicant alleges breach of contract and underpayment by respondent upon termination of applicant’s engagement |
| Date: 23 Jun 2025 Judge: SNADEN J |
49. Howard v Chevron Australia Pty Ltd [2025] FCA 650
| PRACTICE AND PROCEDURE –interlocutory application for summary dismissal, strike out and indemnity costs – where applicant is a litigant-in-person – whether applicant has a reasonable prospect of successfully prosecuting causes of action under |
| Date: 20 Jun 2025 Judge: SNADEN J |
50. FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 71
| MIGRATION – cancellation of visa on character grounds – appeal from judgment dismissing application for judicial review of Tribunal decision affirming cancellation decision – appellant having no legal training – appellant represented before |
| Date: 21 May 2025 Judge: MURPHY, CHARLESWORTH, SNADEN JJ |
| INDUSTRIAL LAW – appeal from judgment of single judge – where court determined that appellant’s employees who performed shotfiring or related services at black coal mines were “eligible employee[s]” pursuant to Coal Mining Industry (Long |
| Date: 15 May 2025 Judge: COLLIER, SNADEN AND HATCHER JJ |
52. Zirk-Sadowski v University of New South Wales [2025] FCAFC 64
| INDUSTRIAL LAW – appeal from dismissal of application for judicial review of three decisions of the Fair Work Commission – whether decisions attended by jurisdictional error – appeal dismissed. PRACTICE AND PROCEDURE – where appellant seeks |
| Date: 14 May 2025 Judge: WHEELAHAN, SNADEN AND MCELWAINE JJ |
| INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how |
| Date: 29 Apr 2025 Judge: COLLIER, SNADEN AND RAPER JJ |
54. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35
| BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or |
| Date: 24 Mar 2025 Judge: SNADEN, GOODMAN AND MCDONALD JJ |
55. Younas v Commonwealth of Australia [2025] FCAFC 27
| MIGRATION – appeal – citizenship – s 10B(1) of the Australian Citizenship Act 1948 (Cth) – appeal by way of rehearing – where the appellant sought a declaration that he is an Australian citizen – whether the primary judge erred in |
| Date: 14 Mar 2025 Judge: SNADEN, ROFE and HESPE JJ |
56. Blue Rock Australia Pty Ltd v Kaushik [2025] FCA 176
| PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where respondent a former employee of applicant’s – where employment contract contained restraint clause prohibiting post-employment solicitation of clients |
| Date: 11 Mar 2025 Judge: SNADEN J |
57. Australian Competition and Consumer Commission v Telstra Limited [2025] FCA 93
| CONSUMER LAW - where respondent a telecommunications business offering NBN internet access plans to consumers - where respondent unilaterally and without notice made changes to some consumers' plans - where changes resulted in slower upload speed - |
| Date: 21 Feb 2025 Judge: SNADEN J |
58. Kant v Australian Information Commissioner (No 2) [2025] FCA 76
| PRACTICE AND PROCEDURE - interlocutory application filed by the applicant seeking orders for, inter alia, discovery, transfer and stay of proceedings - where applicant is self-represented - where remaining orders sought include orders preventing |
| Date: 12 Feb 2025 Judge: SNADEN J |
59. Natch v Stennson Pty Ltd [2025] FCA 69
| PRACTICE AND PROCEDURE - urgent application for stay of primary proceedings where application for leave to appeal orders of primary judgment filed - whether applicants have arguable ground of appeal - whether interests of justice warrant stay of |
| Date: 7 Feb 2025 Judge: SNADEN J |
60. 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 |
61. Australian Securities and Investments Commission v Alshakshir [2025] FCA 19
| PRACTICE AND PROCEDURE - interlocutory application for urgent interim relief - where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) - where ex parte orders made and |
| Date: 22 Jan 2025 Judge: SNADEN J |
| INDUSTRIAL LAW - where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining |
| Date: 20 Dec 2024 Judge: COLLIER, KATZMANN AND SNADEN JJ |
63. The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455
| TORT - trespass - injurious falsehood - applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses - where applicant operates a commercial abattoir - where respondent is an |
| Date: 19 Dec 2024 Judge: SNADEN J |
64. Tham v Australian Capital Territory [2024] FCA 1508
| REPRESENTATIVE PROCEEDING - settlement approval application under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable in the interests of group members - whether orders under pt VAA of the |
| Date: 18 Dec 2024 Judge: SNADEN J |
65. Secretary, Department of Social Services v FNPQ [2024] FCA 1428
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal (AAT) - where respondents a married couple in receipt of age pension - where one respondent received substantial back pay from a former employer - where receipt was |
| Date: 13 Dec 2024 Judge: SNADEN J |
66. Cannan v The Reject Shop Ltd [2024] FCA 1429
| PRACTICE AND PROCEDURE - interlocutory application for leave to file an amended originating application and statement of claim - representative proceeding - Fair Work Act 2009 (Cth) - alteration of the class on whose behalf representative proceeding |
| Date: 13 Dec 2024 Judge: SNADEN J |
67. Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161
| INDUSTRIAL LAW - appeal from judgment of a single judge dismissing application for judicial review of a decision of a Full Bench of the Fair Work Commission (the "Commission") - where appellant engaged under a series of fixed-term contracts - where |
| Date: 12 Dec 2024 Judge: SNADEN, MEAGHER AND NEEDHAM JJ |
68. Larobina v Melbourne Health trading as Royal Melbourne Hospital [2024] FCA 1393
| PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief - surgeon suspended from work pending investigation into allegations of misconduct - surgeon expressed concerns about work environment - change to roster shortly |
| Date: 5 Dec 2024 Judge: SNADEN J |
69. Yes Insurance Group Pty Ltd v Fair Work Ombudsman [2024] FCA 1366
| INDUSTRIAL LAW - appeal from judgment of Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") declaring first appellant and its employee to be covered by Banking, Finance and Insurance Award 2020 ("BFIA") - where pecuniary penalties |
| Date: 28 Nov 2024 Judge: SNADEN J |
70. Miglani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1304
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal affirming Minister's decision to refuse visa application - where applicant convicted of sexual assault and false imprisonment - where charge of sexual assault |
| Date: 13 Nov 2024 Judge: SNADEN J |
71. Rossi v Qantas Airways Ltd [2024] FCAFC 144
| CONTRACTS - appeal from primary judgment refusing relief sought - capacity - deed of settlement - apparent settlement of "all claims" arising from appellant's employment - initial workers' compensation claim - application for deed of settlement to |
| Date: 13 Nov 2024 Judge: SNADEN, HATCHER AND HORAN JJ |
72. Secretary, Department of Health and Aged Care v Montu Group Pty Ltd [2024] FCA 1260
| PRACTICE AND PROCEDURE - interlocutory application for non-publication orders pursuant to pt VAA of the Federal Court of Australia Act 1976 (Cth) - where court document mistakenly released to journalist by court staff - where article containing |
| Date: 29 Oct 2024 Judge: SNADEN J |
73. 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 |
74. Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132
| INDUSTRIAL LAW -- application for judicial review of a decision of a Full Bench of the Fair Work Commission - whether the Commission erred in its construction of s 217 of the Fair Work Act 2009 (Cth) - where s 217(1)(a) authorises the Commission to |
| Date: 17 Oct 2024 Judge: RANGIAH, WHEELAHAN and SNADEN JJ |
75. Tran v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1178
| MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal affirming Minister's decision not to revoke visa cancellation - where applicant convicted of various drug offences - whether tribunal erred in consideration |
| Date: 11 Oct 2024 Judge: SNADEN J |
76. Petrovsky v Southern Adelaide Local Health Network Incorporated (No 2) [2024] FCA 1141
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory judgment dismissing application for interim injunctive relief - whether primary judgment attended with sufficient doubt to warrant reconsideration - on the assumption that |
| Date: 1 Oct 2024 Judge: SNADEN J |
77. Pilbrow v University of Melbourne [2024] FCA 1140
| INDUSTRIAL LAW - employment - adverse action - appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) - where appellant dismissed purportedly for reasons of redundancy - where appellant was separately subjected to |
| Date: 30 Sep 2024 Judge: SNADEN J |
78. Varley v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1087
| MIGRATION - application for extension of time to apply for judicial review of Administrative Appeals Tribunal decision affirming non-revocation of visa cancellation - application under s 477A of the Migration Act 1958 (Cth) - whether interests of |
| Date: 20 Sep 2024 Judge: SNADEN J |
| PRACTICE AND PROCEDURE - application for leave to intervene on appeal - where respondent seeks to rely upon primary judgments to pursue claims against intervener - whether intervener has sufficient interest to intervene - whether submissions of the |
| Date: 19 Sep 2024 Judge: SNADEN J |
80. Minister for Immigration, Citizenship and Multicultural Affairs v NDBR [2024] FCAFC 114
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal affirmed decision under s 501(1) of Migration Act 1958 (Cth) to refuse to grant Pakistani national a visa and decision set aside by primary judge on review - where Tribunal |
| Date: 3 Sep 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
81. Spaleta v Secretary, Department of Social Services [2024] FCA 916
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal ("AAT") - where AAT affirmed decision of an authorised review officer not to grant disability support pension - whether AAT took irrelevant considerations into |
| Date: 16 Aug 2024 Judge: SNADEN J |
82. Mirabella v Mirabella International Pty Ltd [2024] FCA 820
| PRACTICE AND PROCEDURE - interlocutory application for suppression or non-publication orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - whether an order is necessary to prevent prejudice to the proper administration of |
| Date: 26 Jul 2024 Judge: SNADEN J |
83. Hempel (Wattyl) Australia Pty Ltd v United Workers Union [2024] FCAFC 98
| INDUSTRIAL LAW - appeal from South Australian Employment Court - where primary judge found that employer contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay employees their wages and entitlements in accordance with enterprise |
| Date: 22 Jul 2024 Judge: RANGIAH, SNADEN AND ABRAHAM JJ |
| INDUSTRIAL LAW - right of entry - permit holders exercising rights contravened s 500 of the Fair Work Act 2009 (Cth) - agreed contraventions - determination of appropriate penalties - analysis of the nature, gravity, character and seriousness of the |
| Date: 18 Jul 2024 Judge: SNADEN J |
| INDUSTRIAL LAW - right of entry - permit holders exercising rights contravened ss 499 and 500 of the Fair Work Act 2009 (Cth) - agreed contraventions - determination of appropriate penalties - analysis of the nature, gravity, character and |
| Date: 21 Jun 2024 Judge: SNADEN J |
86. Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77
| ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court of Australia - "death benefit" payable under superannuation policy - where deceased member declared in a text message to his sister that he intended to end his |
| Date: 13 Jun 2024 Judge: SNADEN, MCELWAINE AND MEAGHER JJ |
87. Kant v Australian Information Commissioner [2024] FCA 599
| ADMINISTRATIVE LAW - review of a decision of a registrar - review of decision to dismiss application seeking interlocutory relief - hearing de novo - decision affirmed |
| Date: 11 Jun 2024 Judge: SNADEN J |
88. Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71
| ADMINISTRATIVE LAW - whether primary judge erred in finding that a decision of the appellant's delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that |
| Date: 5 Jun 2024 Judge: O'CALLAGHAN, SNADEN AND MCELWAINE JJ |
89. Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 70
| MIGRATION - appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal - where unarticulated claim of a "health issue" as an impediment if removed said to have emerged before Tribunal - where |
| Date: 3 Jun 2024 Judge: SNADEN, DOWNES AND MCEVOY JJ |
90. DSC22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 530
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where primary judge dismissed application for judicial review of a decision by the Immigration Assessment Authority (IAA) - whether decision attended by improper application of |
| Date: 23 May 2024 Judge: SNADEN J |
91. United Firefighters' Union of Australia v Honourable Jaclyn Symes (No 2) [2024] FCA 510
| INDUSTRIAL LAW - applicant an industrial association - alleged that minister acted ultra vires the Fire Rescue Victoria Act 1958 (Vic) by sending instruction and direction to a statutory agency, Fire Rescue Victoria (FRV) - where applicant and FRV |
| Date: 17 May 2024 Judge: SNADEN J |
92. Petrovsky v Southern Adelaide Local Health Network Incorporated [2024] FCA 500
| PRACTICE AND PROCEDURE - application for urgent interlocutory relief - where urgent injunctive relief sought to maintain applicants' access to respondents' premises, and enforcement of purported oral undertakings given by the respondents - whether |
| Date: 10 May 2024 Judge: SNADEN J |
93. Forshaw v Qantas Airways Limited (No 2) [2024] FCA 446
| PRACTICE AND PROCEDURE - interlocutory application for leave to further amend statement of claim - principles to be applied - whether allegation concerning existence of a "workplace culture" is impermissibly vague - whether allegation about the |
| Date: 2 May 2024 Judge: SNADEN J |
94. Alpert v Commonwealth of Australia (Department of Defence) (No 2) [2024] FCA 447
| PRACTICE AND PROCEDURE - interlocutory application - application for leave to file an amended originating application and second amended statement of claim - whether proposed amendments to statement of claim embarrassing - whether proposed causes of |
| Date: 2 May 2024 Judge: SNADEN J |
95. Spark New Zealand Trading Limited v Lester [2024] FCA 364
| COSTS - whether foreign bankrupt has standing to seek costs - whether court should exercise discretion to award costs - where costs may vest with foreign trustee - where conduct of successful party was put in issue |
| Date: 15 Apr 2024 Judge: SNADEN J |
96. Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
| INDUSTRIAL LAW - judicial review of decision of a full bench of the Fair Work Commission (FWC) under s 39B of Judiciary Act 1903 (Cth) - alleged unfair dismissals - dismissals effected for operational reasons - whether dismissals were cases of |
| Date: 5 Apr 2024 Judge: KATZMANN, SNADEN AND RAPER JJ |
97. WVJB v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 320
| MIGRATION - application for judicial review of decision not to revoke cancellation of visa - where visa mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) (the Act) - where decision not to revoke made in part because of |
| Date: 3 Apr 2024 Judge: SNADEN J |
98. Cull v Singh [2024] FCA 258
| PRACTICE AND PROCEDURE - application for vexatious proceedings orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - whether respondent is a person who has frequently commenced vexatious proceedings - meaning of "vexatious" - |
| Date: 22 Mar 2024 Judge: SNADEN J |
99. Fair Work Ombudsman v Brook [2024] FCA 262
| INDUSTRIAL LAW - right of entry - permit holder exercising rights contravened ss 499 and 500 of the Fair Work Act 2009 (Cth) - agreed contraventions - agreed penalty ranges - determination of appropriate penalties - civil double jeopardy - analysis |
| Date: 18 Mar 2024 Judge: SNADEN J |
100. Minister for Home Affairs v BRO18 [2024] FCAFC 27
| MIGRATION - appeal from decision of single judge of the Federal Court of Australia - where delegate of Minister for Home Affairs cancelled respondent's visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) - where Minister cannot |
| Date: 8 Mar 2024 Judge: BROMWICH, DERRINGTON AND SNADEN JJ |
