Browse Federal Court JudgmentsBy Judge - Snaden J |
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| 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 |
2. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
11. 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 |
12. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
28. 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 |
29. 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 |
30. 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 |
31. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. Jolly v Sharma [2024] FCA 171
| INDUSTRIAL LAW - industrial associations - applicant an officer of a division within an industrial association - where applicant applied to the Fair Work Commission for orders to permit withdrawal of his division from the remainder of the industrial |
| Date: 6 Mar 2024 Judge: SNADEN J |
50. Fahy v Administrative Appeals Tribunal [2024] FCA 170
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal (AAT) - where AAT affirmed decision of an authorised review officer not to grant Parenting Payment from date sought - where appellant alleged unreceived claim had |
| Date: 4 Mar 2024 Judge: SNADEN J |
51. Cropper v Energy Action (Australia) Pty Ltd [2024] FCA 141
| PRACTICE AND PROCEDURE - interlocutory application for leave to amend pleadings - r 16.53 of the Federal Court Rules 2011 (Cth) - whether proposed amendment seeks to agitate issue without foundation - whether in interests of justice to grant leave |
| Date: 27 Feb 2024 Judge: SNADEN J |
| MIGRATION - application for extension of time to file and serve notice of appeal - where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) rejecting an application for revocation of a |
| Date: 15 Feb 2024 Judge: SNADEN, ABRAHAM AND CHEESEMAN JJ |
53. Payne v Secure Melbourne Protective Services Pty Ltd (No 2) [2023] FCA 1579
| COSTS - statutory prohibition against award - whether costs incurred in consequence of unreasonable conduct - respondent withdrew from defence of matter following unsuccessful mediation - whether failure to attend to proper defence of matter was |
| Date: 14 Dec 2023 Judge: SNADEN J |
54. EDA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1534
| MIGRATION - appeal from Federal Circuit Court of Australia - where primary judge dismissed application for judicial review of a decision by the Immigration Assessment Authority - where new grounds advanced on appeal - whether improper application of |
| Date: 8 Dec 2023 Judge: SNADEN J |
55. Dixon v United Workers Union [2023] FCA 1526
| PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief to restrain first respondent from terminating applicants' employment, from subjecting applicants to a "show cause" process and from continuing applicants' suspension - |
| Date: 7 Dec 2023 Judge: SNADEN J |
56. Owen v KMPG Pty Ltd [2023] FCA 1508
| PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory orders - where orders made extending limitation period applicable to commencement of defamation proceedings - whether substantial injustice might result - whether primary |
| Date: 4 Dec 2023 Judge: SNADEN J |
57. Chiodo Corporation Pty Ltd v Coolangatta & Tweed Heads Golf Club Ltd [2023] FCA 1566
| PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief - where urgent injunctive relief sought to restrain respondent from entertaining consideration of special resolution at a meeting of members - whether there is a prima |
| Date: 30 Nov 2023 Judge: SNADEN J |
58. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206
| MIGRATION - where the appellant appeals the dismissal of an application for the judicial review of a decision by a delegate of the Minister to cancel the appellant's refugee visa under s 501(3A) of the Migration Act 1958 (the Act) after being |
| Date: 27 Nov 2023 Judge: LOGAN, SNADEN AND HESPE JJ |
59. Naidu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1423
| MIGRATION - appeal from Federal Circuit Court of Australia (FCCA) - where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal - whether ratio of Karsten v Minister for Immigration and Anor (No. |
| Date: 21 Nov 2023 Judge: SNADEN J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia ("FCA") - right of union official "permit holder" to enter employer's premises for the purpose of holding discussions - refusal of entry - hindrance or obstruction of permit |
| Date: 14 Nov 2023 Judge: BROMBERG, RANGIAH AND SNADEN JJ |
61. CZE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1367
| MIGRATION - appeal from 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 - whether tribunal failed to apply correct |
| Date: 10 Nov 2023 Judge: SNADEN J |
62. Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311
| INDUSTRIAL LAW - breach of award and statutory obligation - failure to pay superannuation - injury suffered at work - compensation for lost opportunity to make insurance claim - default judgment - assessment of loss - value of lost opportunity - |
| Date: 1 Nov 2023 Judge: SNADEN J |
63. Pera v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1318
| MIGRATION - application for extension of time seeking judicial review of visa cancellation decision - Minister concedes Tribunal's decision was a product of jurisdictional error - whether court is satisfied error has occurred that justifies the |
| Date: 31 Oct 2023 Judge: SNADEN J |
64. CNO16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1257
| MIGRATION - appeal from 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 - whether court failed to investigate a |
| Date: 23 Oct 2023 Judge: SNADEN J |
65. StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCA 1271
| PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief - where urgent injunctive relief sought to restrain respondent from operating an ecommerce website - whether there is a prima facie case that favours injunctive relief - |
| Date: 23 Oct 2023 Judge: SNADEN J |
66. BIJ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1220
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - where IAA |
| Date: 16 Oct 2023 Judge: SNADEN J |
67. Monash Health v Singh [2023] FCAFC 166
| INDUSTRIAL LAW - adverse action - appeal - where the respondent made a number of complaints and/or inquiries about his employment, commenced proceedings in the Fair Work Commission and took personal leave - where the respondent was found to have |
| Date: 16 Oct 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
68. Fair Work Ombudsman v Winit (AU) Trade Pty Ltd [2023] FCA 1200
| INDUSTRIAL LAW - breach of award and statutory obligations - significant underpayments - adverse action - agreed contraventions - serious contraventions - pecuniary penalties - appropriateness of declaratory relief - primacy of deterrence in setting |
| Date: 11 Oct 2023 Judge: SNADEN J |
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - unlawful picketing - pecuniary penalties - principles to be applied - whether primary judge erred in assessing wrongdoing by reference to availability of lawful alternative |
| Date: 9 Oct 2023 Judge: CHARLESWORTH, SNADEN AND RAPER JJ |
70. Barnett v Minister for Health and Aged Care [2023] FCA 1139
| ADMINISTRATIVE LAW - application for judicial review of decision made under Scheme for Compensation for Detriment caused by Defective Administration - where claim made relating to refusal in 1990 to provide capital grant funds under a government |
| Date: 26 Sep 2023 Judge: SNADEN J |
71. Michael v Network Ten Pty Limited [2023] FCA 1091
| INDUSTRIAL LAW - alleged breach of statutory obligations - application of enterprise agreement - where employee worked as an "executive producer" at a television network - whether employment was covered by enterprise agreement - where coverage of |
| Date: 15 Sep 2023 Judge: SNADEN J |
72. FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
| MIGRATION - whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal's affirmation of that refusal had |
| Date: 12 Sep 2023 Judge: SNADEN, ABRAHAM AND HALLEY JJ |
73. Shi v Minister for Home Affairs [2023] FCAFC 136
| MIGRATION - appeal - judicial review - refusal to revoke cancellation of the appellant's visa - appellant made a representation that removal would place him at a considerable risk of suicide - whether Minister failed to engage with that |
| Date: 16 Aug 2023 Judge: SNADEN, ANDERSON AND GOODMAN JJ |
74. Forshaw v Qantas Airways Limited [2023] FCA 957
| PRACTICE AND PROCEDURE - interlocutory application to strike out amended statement of claim or parts thereof - principles to be applied - whether allegation concerning a "workplace culture" is impermissibly vague - whether allegation about the |
| Date: 16 Aug 2023 Judge: SNADEN J |
75. Wardman v Macquarie Bank Limited (No 2) [2023] FCAFC 125
| PRACTICE AND PROCEDURE - appeal - parties compromised proceeding after delivery of judgment and before final orders made - whether appropriate to make orders setting aside all orders of primary judge and dismissing the proceedings - held such orders |
| Date: 11 Aug 2023 Judge: BROMBERG, WHEELAHAN, AND SNADEN JJ |
76. Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934
| INDUSTRIAL LAW - breach of award and statutory obligations - significant underpayments - pecuniary penalties - agreed contraventions - application of "course of conduct", "totality", and "accessorial liability" principles - appropriateness of |
| Date: 11 Aug 2023 Judge: SNADEN J |
77. CEU22 v Minister for Home Affairs (No 2) [2023] FCA 867
| MIGRATION - application for judicial review of visa cancellation decision - where decision made on national interest grounds - where applicant subject of adverse security assessment under the Australian Security Intelligence Organisation Act 1979 |
| Date: 2 Aug 2023 Judge: SNADEN J |
78. CWF19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 881
| MIGRATION - application for extension of time and leave to appeal from decision of the (then) Federal Circuit Court of Australia - where primary judge dismissed application for an extension of time - applicant sought to appeal from that judgment |
| Date: 31 Jul 2023 Judge: SNADEN J |
79. Alpert v Commonwealth of Australia (Department of Defence) [2023] FCA 784
| PRACTICE AND PROCEDURE - interlocutory application for non-publication orders pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) - where statement of claim particularised identities of the complainant and witnesses to an |
| Date: 11 Jul 2023 Judge: SNADEN J |
| MIGRATION - appeal - primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal - Tribunal affirmed refusal of protection visa application pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) - |
| Date: 7 Jul 2023 Judge: RARES, JACKSON AND SNADEN JJ |
81. Appleroth v Ferrari Australasia Pty Limited (No 5) [2023] FCA 744
| PRACTICE AND PROCEDURE - interlocutory application by interested parties to the proceedings for orders pursuant to ss 37AF(1) and 37AG(1)(c) of the Federal Court of Australia Act 1976 (Cth) - application under rule 2.32 of the Federal Court Rules |
| Date: 3 Jul 2023 Judge: SNADEN J |
82. Cull v Davies [2023] FCA 763
| PRACTICE AND PROCEDURE - interlocutory application for freezing orders - where application made ex parte - where sequestration order made against bankrupt estate - where danger that prospective judgment will be wholly or partly unsatisfied because |
| Date: 3 Jul 2023 Judge: SNADEN J |
83. CIM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 679
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the 'IAA') - where appellant |
| Date: 23 Jun 2023 Judge: SNADEN J |
84. Bobrenitsky v Sydney Trains [2023] FCAFC 96
| INDUSTRIAL LAW - judicial review of decision of a full bench of the Fair Work Commission ("FWC") -application for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) ("FW Act") - where employee had been charged and convicted of a |
| Date: 23 Jun 2023 Judge: COLLIER, SNADEN AND GOODMAN JJ |
85. Isser v BHP WAIO Pty Ltd [2023] FCA 580
| PRACTICE AND PROCEDURE - application for relief under Pt 3-1 of the Fair Work Act 2009 (Cth) - where relief similarly sought in the Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") - whether FCFCOA proceeding associated matter - |
| Date: 5 Jun 2023 Judge: SNADEN J |
86. DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552
| MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - where leave sought to rely on new |
| Date: 30 May 2023 Judge: SNADEN J |
| MIGRATION - appeal from decision of single judge of the Federal Court of Australia - where primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal - where delegate of the Minister refused protection |
| Date: 30 May 2023 Judge: RARES, THOMAS AND SNADEN JJ |
88. Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82
| INDUSTRIAL LAW - appeal from decision of the Federal Court of Australia - whether employer covered by the Aged Care Award 2010 or Hospitality Industry General Award 2020 - declaratory relief sought - jurisdiction to grant declaratory relief - |
| Date: 29 May 2023 Judge: KATZMANN, SNADEN AND RAPER JJ |
89. McConvill &
| INDUSTRIAL LAW - appeal from the (then) Federal Circuit Court of Australia ("FCCA") - adverse action - where respondent successfully obtained judgment - where matter remitted to FCCA for assessment of damages and penalties - where appellants deemed |
| Date: 25 May 2023 Judge: SNADEN J |
90. Naude v DRA Global Limited [2023] FCA 493
| PRACTICE AND PROCEDURE - interlocutory application for non-publication orders pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) - where statement of claim alleged to disclose information subject to without-prejudice privilege - |
| Date: 19 May 2023 Judge: SNADEN J |
91. Haque v Secretary, Department of Social Security [2023] FCA 474
| ADMINISTRATIVE LAW - application for judicial review under the Administrative Decisions (Judicial Review) 1977 Act (Cth) - whether respondent failed to make decision - whether applicant made a valid claim under social security legislation that |
| Date: 17 May 2023 Judge: SNADEN J |
92. United Firefighters' Union of Australia v Honourable Jaclyn Symes [2023] FCA 302
| PRACTICE AND PROCEDURE - interlocutory application for determination of a separate question - whether applicant has standing pursuant to s 539 of the Fair Work Act 2009 (Cth) (hereafter, the "FW Act") - whether applicant or persons it represents are |
| Date: 4 Apr 2023 Judge: SNADEN J |
93. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 46
| MIGRATION - appeal from a single judge of the Federal Court of Australia - primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - appellant applied for a visa - application was |
| Date: 24 Mar 2023 Judge: MORTIMER, SNADEN AND RAPER JJ |
94. Bellou v Victoria University (No 7) [2023] FCA 208
| PRACTICE AND PROCEDURE - application for dismissal of proceeding due to absence of applicant at trial - interlocutory application by applicant for vacation of trial due to health reasons - where vacation granted on two prior occasions - where recent |
| Date: 9 Mar 2023 Judge: SNADEN J |
95. Bellou v Victoria University (No 6) [2023] FCA 183
| PRACTICE AND PROCEDURE - interlocutory application to vacate pending trial - where applicant relies on medical incapacity - whether medical evidence sufficient to demonstrate incapacity to prosecute proceeding - whether prejudice to the respondent |
| Date: 8 Mar 2023 Judge: SNADEN J |
96. AOZ23 v Commonwealth of Australia [2023] FCA 184
| MIGRATION - interlocutory application for urgent injunctive relief - where applicant seeks ministerial intervention pursuant to s 48B of the Migration Act 1958 (Cth) - where urgent injunctive relief sought to restrain respondents' removal of |
| Date: 8 Mar 2023 Judge: SNADEN J |
97. Zhang v Australian Information Commissioner (No 2) [2023] FCA 151
| PRACTICE AND PROCEDURE - application for suppression and non-publication orders under Part VAA of the Federal Court of Australia Act 1976 (Cth) - where proceeding extant- whether safety of applicant and/or others requires suppression and/or |
| Date: 27 Feb 2023 Judge: SNADEN J |
98. Zhang v Australian Information Commissioner [2023] FCA 132
| ADMINISTRATIVE LAW - application for judicial review of decision of the Australian Information Commissioner ("Commissioner") - where decision-maker exercised statutory discretion to not investigate complaint of interference with the applicant's |
| Date: 27 Feb 2023 Judge: SNADEN J |
99. Wardman v Macquarie Bank Limited [2023] FCAFC 13
| INDUSTRIAL LAW - appeals and cross-appeals from five related decisions of the Federal Circuit Court of Australia in proceedings brought by former employees of Macquarie Bank Ltd (Bank) - where employees were remunerated by commission and a fixed |
| Date: 17 Feb 2023 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
| MIGRATION - appeal from judgment of the (then) Federal Circuit Court of Australia - application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - where Tribunal affirmed decision of delegate of the Minister to |
| Date: 13 Feb 2023 Judge: SNADEN J |
