Browse Federal Court JudgmentsBy Judge - Stewart J |
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1. Barron v Australian Financial Complaints Authority (Strike Out) [2026] FCA 673
| PRACTICE AND PROCEDURE – interlocutory applications to strike out the applicant’s statement of claim – distractions and irrelevancies – no reasonable cause of action disclosed against AFCA – causes of action against BTFM and TAL |
| Date: 2 Jun 2026 Judge: STEWART J |
2. Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 39) [2026] FCA 670
| NATIVE TITLE – extinguishment – where the Court has previously determined that the Guugu Yimidhirr people are native title holders in respect of a determination area forming part of the Cape York United #1 claim area – whether native title in |
| Date: 29 May 2026 Judge: STEWART J |
3. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd [2026] FCAFC 77
| ESTOPPEL – equity – equitable estoppel alleged to have arisen from written representations amounting to a promise – promise later withdrawn – whether there was reliance on the promise – whether the remedy should be based on the value of |
| Date: 28 May 2026 Judge: STEWART, HALLEY AND STELLIOS JJ |
4. Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries and Forestry [2026] FCAFC 63
| DAMAGES – representative proceedings – where the Minister is liable for the tort of misfeasance in public office – separate question ordered relating to loss and damage – whether any greater number of live cattle for slaughter would have |
| Date: 15 May 2026 Judge: COLVIN, STEWART AND ANDERSON JJ |
5. DKT18 v Minister for Immigration and Citizenship [2026] FCA 446
| MIGRATION – protection visa application – refused – application for review dismissed by Administrative Appeals Tribunal – application for judicial review brought out of time – extension of time refused and application dismissed by Federal |
| Date: 16 Apr 2026 Judge: STEWART J |
6. Cayzer v Phoslock Environmental Technologies Ltd (Opt Out and Registration Notice) [2026] FCA 438
| REPRESENTATIVE PROCEEDINGS – where orders sought by consent relating to distribution of the opt out notice, the opt out and registration processes and class closure – where the orders included “soft class closure” orders – where the Court |
| Date: 15 Apr 2026 Judge: STEWART J |
7. BCN23 v Minister for Immigration and Citizenship [2026] FCA 410
| MIGRATION – protection visa application – refused – application for review brought out of time – application dismissed by the Administrative Appeals Tribunal – application for judicial review summarily dismissed by a Registrar of the |
| Date: 14 Apr 2026 Judge: STEWART J |
8. Bilal v Australian Information Commissioner [2026] FCA 376
| ADMINISTRATIVE LAW – judicial review of decision of the Australian Information Commissioner under s 41 of the Privacy Act 1988 (Cth) to decline to investigate the applicant’s privacy complaint – where Commissioner conceded that decision was |
| Date: 2 Apr 2026 Judge: STEWART J |
9. MBV25 v Minister for Immigration and Citizenship [2026] FCA 360
| MIGRATION – judicial review of decision of Assistant Minister for Immigration under s 501A(3)(a) to set aside a decision of the Administrative Review Tribunal to grant the applicant a protection visa – whether Assistant Minister took into |
| Date: 27 Mar 2026 Judge: STEWART J |
10. Goldwind Australia Pty Ltd v Ozlift Kranes Pty Ltd [2026] FCA 328
| PRACTICE AND PROCEDURE – prohibition in Federal Court Rules 2011 (Cth) r 4.01(2) on corporation proceeding in the Court other than by a lawyer – application by sole director and shareholder to represent company in the proceeding – where |
| Date: 23 Mar 2026 Judge: STEWART J |
11. Shanghai Qifan Cable Co. Ltd v Aryam Australia Pty Ltd [2026] FCA 425
| ARBITRATION – ex parte application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where requirements satisfied and no reason why award should not be enforced – two stage process – |
| Date: 20 Mar 2026 Judge: STEWART J |
12. BJJ18 v Minister for Immigration and Citizenship [2026] FCA 362
| MIGRATION – protection visa application – refused – decision affirmed by the Administrative Appeals Tribunal – application for judicial review dismissed by a Registrar for non-appearance at a callover – application to reinstate judicial |
| Date: 12 Mar 2026 Judge: STEWART J |
13. Ripple Markets APAC Pte Ltd v EzyRemit Worldwide Pty Ltd (No 2) [2026] FCA 233
| ARBITRATION – interlocutory application by judgment debtors to set aside a judgment enforcing a foreign arbitral award that was granted ex parte – where award debtors in default of filing evidence and submissions – where no basis for judgment |
| Date: 9 Mar 2026 Judge: STEWART J |
14. EVG17 v Minister for Immigration and Citizenship [2026] FCA 206
| MIGRATION – protection visa application – refused – whether jurisdictional error committed by the Administrative Appeals Tribunal in consideration of the appellants’ protection claims – no error – appeal from the Federal Circuit and |
| Date: 5 Mar 2026 Judge: STEWART J |
15. Australian Agrivision Pty Ltd v Wolstenholme (Trial) [2026] FCA 130
| CONTRACTS – claim against two guarantors of an assigned loan debt – whether the guarantors are liable on the guarantees – whether the borrower was misled into concluding the loan agreement –where the contract gave the lender “absolute |
| Date: 20 Feb 2026 Judge: STEWART J |
16. Shu v Zhengzhou Lvdu Real Estate Group Co Ltd [2026] FCA 105
| BANKRUPTCY AND INSOLVENCY – application to set aside a bankruptcy notice – where a payment is appropriated partly to post-judgment interest and partly to the principal judgment debt – where the bankruptcy notice claims the amount of the |
| Date: 19 Feb 2026 Judge: STEWART J |
17. Australian Agrivision Pty Ltd v Wolstenholme (Vacate Trial) [2026] FCA 82
| PRACTICE AND PROCEDURE – application on the first day of the trial to vacate the trial dates – application dismissed |
| Date: 9 Feb 2026 Judge: STEWART J |
| CORPORATIONS – application for declaration that Transtar Linehaul Pty Ltd (Administrators Appointed) is the “true” employer of employees of various companies forming part of a corporate group for the purposes of Corporations Act 2001 (Cth) s |
| Date: 19 Dec 2025 Judge: STEWART J |
19. Klein v Sporting Shooters Association of Australia (Qld) Inc [2025] FCAFC 189
| HUMAN RIGHTS – discrimination – disability discrimination – where member of association was denied participation in feral animal hunts if accompanied by an assistance dog – whether unlawful discrimination under s 5(1) of the Disability |
| Date: 18 Dec 2025 Judge: STEWART, MEAGHER AND LONGBOTTOM JJ |
| PRACTICE AND PROCEDURE – application for variation of freezing orders – where variation said to be necessary to ensure refinancing of property where mortgagee is in possession – where refinancing may lead to further encumbrance of property |
| Date: 18 Dec 2025 Judge: STEWART J |
21. Marsh Limited v Greensill Bank AG [2025] FCAFC 186
| PRACTICE AND PROCEDURE – whether use of documents discovered in Federal Court proceeding in an ex parte anti-suit application in overseas court constituted breach of Hearne v Street obligation – whether purpose for which discovered documents |
| Date: 17 Dec 2025 Judge: PERRAM, STEWART AND HALLEY JJ |
22. Australian Agrivision Pty Ltd v Wolstenholme (Leave to Amend) [2025] FCA 1612
| PRACTICE AND PROCEDURE – where second respondent seeks leave to amend pleadings including to bring a cross-claim against two new parties out of time – no issue of principle |
| Date: 16 Dec 2025 Judge: STEWART J |
| CORPORATIONS – application for declaration of validity of restructuring plan under Corporations Regulations 2001 (Cth) reg 5.3B.62(3) – where there has been contravention of restructuring plan through honest mistake |
| Date: 15 Dec 2025 Judge: STEWART J |
| CORPORATIONS – application under s 444GA(1)(b) of the Corporations Act 2001 (Cth) for leave to transfer all existing shares and options pursuant to a deed of company arrangement – where such transfer will occur for nil consideration to |
| Date: 11 Dec 2025 Judge: STEWART J |
25. Scott v Aulich, in the matter of Aulich Civil Law Pty Ltd (in liq) (costs) [2025] FCA 1557
| COSTS – general approach that costs follow the event – whether costs be on an issue-by-issue basis – where defendants contend that the plaintiff amending her pleadings to abandon claims against certain of them is sufficient reason to not adopt |
| Date: 9 Dec 2025 Judge: STEWART J |
| CORPORATIONS – voluntary administration – costs of administration – where on application of plaintiff orders were made under s 447A of the Corporations Act 2001 (Cth) ending the administration of the first defendant company – where board of |
| Date: 9 Dec 2025 Judge: STEWART J |
27. Ripple Markets APAC Pte Ltd v EzyRemit Worldwide Pty Ltd [2025] FCA 1551
| ARBITRATION – application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where requirements satisfied and no reason why award should not be enforced – two stage process – judgment |
| Date: 8 Dec 2025 Judge: STEWART J |
| CORPORATIONS – voluntary administration – where plaintiff seeks to end voluntary administration of the first defendant company – whether company solvent |
| Date: 5 Dec 2025 Judge: STEWART J |
29. Joseph v Segelov (stay application) [2025] FCA 1494
| PRACTICE AND PROCEDURE – application for stay pending appeal of orders dismissing application for review of registrar’s decision that dismissed application to set aside bankruptcy notice – where no relevantly operative part of orders that can |
| Date: 28 Nov 2025 Judge: STEWART J |
30. Blasket Renewable Investments LLC v Kingdom of Spain (relief) [2025] FCA 1469
| ARBITRATION – international arbitration – terms of final relief in applications under s 35(4) International Arbitration Act 1974 (Cth) for recognition and enforcement of arbitral awards under the Convention on the Settlement of Investment |
| Date: 26 Nov 2025 Judge: STEWART J |
31. Dixon (Trustee) v Grant, in the matter of the bankrupt estate of Grant [2025] FCA 1440
| BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for vacant possession of real property under s 30 of the Bankruptcy Act 1966 (Cth), and under s 146 that funds be distributed notwithstanding that the bankrupt has failed to file a |
| Date: 20 Nov 2025 Judge: STEWART J |
| PRACTICE AND PROCEDURE – freezing orders – application for a freezing order against a third party respondent (FWIDA) being a related entity to the defendant – where FWIDA appears to be indebted to the defendant and is in receipt of proceeds |
| Date: 19 Nov 2025 Judge: STEWART J |
33. Stamenkovic v Minister for Immigration and Citizenship [2025] FCAFC 157
| MIGRATION – Appeal from primary judgment affirming a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether Tribunal failed to make |
| Date: 14 Nov 2025 Judge: STEWART, MCEVOY AND LONGBOTTOM JJ |
34. Joseph v Segelov [2025] FCA 1340
| BANKRUPTCY – where application to set aside bankruptcy notice was dismissed by a registrar – review of registrar’s decision – whether applicant has a counterclaim – whether bankruptcy notice an abuse of process – where counterclaim |
| Date: 31 Oct 2025 Judge: STEWART J |
35. Scott v Aulich, in the matter of Aulich Civil Law Pty Ltd (in liq) [2025] FCA 1329
| CORPORATIONS – shareholder oppression – where plaintiff had a minority interest on behalf of her spouse in two companies conducting a law practice – where there was a breakdown in the relationship between the plaintiff’s spouse and the |
| Date: 31 Oct 2025 Judge: STEWART J |
| CORPORATIONS – where r 75-75 of the Insolvency Practice Rules (Corporations) 2016 (Cth) (IPR) provides that virtual meeting technology may be used to hold meetings of creditors provided that the technology gives attendees “a reasonable |
| Date: 24 Oct 2025 Judge: STEWART J |
37. XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 115
| MIGRATION – where appellant’s visa was cancelled by the respondent Minister under s 501BA(2) of the Migration Act 1958 (Cth) – where appellant alleges that the respondent reached the state of satisfaction that cancellation of his visa was in |
| Date: 19 Sep 2025 Judge: WHEELAHAN, STEWART AND NEEDHAM JJ |
38. LAZ24 v Purcell (Examiner) [2025] FCAFC 132
| CONTEMPT OF COURT - refusal to answer questions in Australian Criminal Intelligence Commission examination constituting contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 9 months imprisonment |
| Date: 19 Sep 2025 Judge: BROMWICH, STEWART AND VANDONGEN JJ |
39. Murray Lower Darling Rivers Indigenous Nations v Commonwealth (No 2) [2025] FCA 1037
| PRACTICE AND PROCEDURE – suppression orders – where applicant seeks to suppress consultation reports containing “cultural knowledge” of certain First Nations – whether necessary to prevent prejudice to the proper administration of justice |
| Date: 29 Aug 2025 Judge: STEWART J |
40. Murray Lower Darling Rivers Indigenous Nations v Commonwealth [2025] FCA 1029
| ENVIRONMENT LAW – where the State of New South Wales submitted a water resource plan to the Murray-Darling Basin Authority and requested that the plan be given to the Commonwealth Minister for the Environment and Water for accreditation pursuant |
| Date: 29 Aug 2025 Judge: STEWART J |
41. Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028
| ARBITRATION – international arbitration – where foreign investors obtained the benefit of arbitral awards rendered by tribunals constituted pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other |
| Date: 29 Aug 2025 Judge: STEWART J |
| EQUITY – equitable execution – where applicant has obtained judgment debt against first respondent arising from enforcement of a foreign arbitral award – where applicant seeks the appointment of a receiver over property as part of execution |
| Date: 27 Aug 2025 Judge: STEWART J |
43. Cooper v Minister for Environment and Water [2025] FCA 1009
| ADMINISTRATIVE LAW – application for writ of mandamus or equivalent order under Administrative Decisions (Judicial Review) Act 1977 (Cth) – where applicant made application for declaration under s 10 of the Aboriginal and Torres Strait Islander |
| Date: 25 Aug 2025 Judge: STEWART J |
| PRACTICE AND PROCEDURE – interlocutory application where the first and second respondents seek leave to apply to the United States District Court for the District of Delaware to obtain documents pursuant to 28 USC §1782 – whether the Court |
| Date: 21 Aug 2025 Judge: STEWART J |
45. Deputy Commissioner of Taxation v Fayad [2025] FCA 888
| BANKRUPTCY AND INSOLVENCY – where respondents voluntarily entered bankruptcy by presenting debtor’s petitions while applicant’s creditor’s petitions against them were on foot – where the applicant seeks the costs of the creditor’s |
| Date: 1 Aug 2025 Judge: STEWART J |
46. Przybylowski v Commonwealth of Australia [2025] FCA 862
| HUMAN RIGHTS – application for leave to commence proceeding pursuant to s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – where substance of applicant’s complaint is that his overseas child and spousal maintenance |
| Date: 25 Jul 2025 Judge: STEWART J |
| CORPORATIONS –where plaintiff by originating process seeks orders including the winding up of the defendant as a Part 5.7 body under s 583 of the Corporations Act 2001 (Cth) – where a Part 5.7 body includes a foreign company carrying on business |
| Date: 24 Jul 2025 Judge: STEWART J |
48. Australian Securities and Investments Commission v Wallet Ventures Pty Ltd [2025] FCAFC 93
| CORPORATIONS – meaning of debenture in s 9 of the Corporations Act 2001 (Cth) – where respondent operated a digital currency exchange through which customers could buy and sell certain cryptocurrencies – where respondent also offered a Finder |
| Date: 24 Jul 2025 Judge: STEWART, CHEESEMAN AND MEAGHER JJ |
49. DHI22 v Qatar Airways Group QCSC (No 2) [2025] FCAFC 92
| PRIVATE INTERNATIONAL LAW – foreign State immunity – whether proceeding “concerns” a commercial transaction or like activity – where separate entity responsible for management of commercial airport – where separate entity entered |
| Date: 24 Jul 2025 Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
50. DHI22 v Qatar Airways Group QCSC (No 1) [2025] FCAFC 91
| AVIATION – carriers’ liability – where applicants had boarded flight at Doha airport bound for Sydney – where aircraft had been waiting at gate for hours – where applicants allege that all women passengers were directed to leave the |
| Date: 24 Jul 2025 Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
51. Actgall Pty Ltd (in liq) v Morella [2025] FCA 830
| PRACTICE AND PROCEDURE – application for default judgment – competing application for adjournment – where defendants did not attend case management hearing or defend proceeding with due diligence – where defendants only filed notice of |
| Date: 18 Jul 2025 Judge: STEWART J |
52. Wertheim v Haddad (No 2) [2025] FCA 820
| PRACTICE AND PROCEDURE – where respondents were found to have contravened s 18C of the Racial Discrimination Act 1975 (Cth) – where applicants sought and the Court was satisfied it had the power to order publication of corrective notices |
| Date: 17 Jul 2025 Judge: STEWART J |
53. Mansfield (Trustee), in the matter of Frugtniet v Frugtniet (Reopening Application) [2025] FCA 804
| PRACTICE AND PROCEDURE – respondents’ application for leave to reopen – where trust deed tendered by the respondents was not admitted into evidence due to the evidentiary exclusion on unstamped instruments in s 304 of the Duties Act 1997 (NSW) |
| Date: 15 Jul 2025 Judge: STEWART J |
54. Mansfield (Trustee), in the matter of Frugtniet v Frugtniet [2025] FCA 803
| BANKRUPTCY AND INSOLVENCY – where trustee of bankrupt estate seeks declaratory relief and ancillary orders that properties legally owned by the bankrupt vested in the trustee from date of appointment – where the respondents are the parents of |
| Date: 15 Jul 2025 Judge: STEWART J |
55. Wertheim v Haddad [2025] FCA 720
| HUMAN RIGHTS – where an Islamic preacher delivered a series of speeches (comprising three lectures, a sermon and an interview) at an Islamic religious centre – where speeches to various degrees commented on Jewish people (historically and |
| Date: 1 Jul 2025 Judge: STEWART J |
| CORPORATIONS – application for third extension of convening period for second meetings of creditors – application for limitation of administrators’ personal liability pursuant to s 447A of the Corporations Act 2001 (Cth) and directions under s |
| Date: 24 Jun 2025 Judge: STEWART J |
57. Australian Securities and Investments Commission v 24-U Pty Ltd (No 2) [2025] FCA 570
| CORPORATIONS – where orders made following hearing that external administrators be released in relation to defendant companies and that ASIC deregister the defendant companies – where release and deregistration order stayed pending receipt and |
| Date: 2 Jun 2025 Judge: STEWART J |
| CONSUMER LAW – remedies – assessment of appropriate civil penalties against two corporate respondents in administration and one individual respondent – whether findings of systemic unconscionable conduct constitute a single contravention or |
| Date: 27 May 2025 Judge: STEWART J |
59. DGD17 v Minister for Immigration and Multicultural Affairs [2025] FCA 383
| MIGRATION – protection visa application refused by a delegate of the Minister – review by the Immigration Assessment Authority affirmed the decision – judicial review application to the Federal Circuit and Family Court of Australia (Division 2) |
| Date: 17 Apr 2025 Judge: STEWART J |
| CORPORATIONS – application for limitation of administrators’ personal liability pursuant to s 447A of the Corporations Act 2001 (Cth) and directions under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations |
| Date: 17 Apr 2025 Judge: STEWART J |
61. Australian Agrivision Pty Ltd v Wolstenholme (Stay) [2025] FCA 364
| PRACTICE AND PROCEDURE – where second respondent seeks stay of the proceeding – where second respondent alleges substantial overlap with a proceeding involving himself and his ex-de facto partner in the Federal Circuit and Family Court of |
| Date: 14 Apr 2025 Judge: STEWART J |
| BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s |
| Date: 11 Apr 2025 Judge: SARAH C DERRINGTON, STEWART and FEUTRILL JJ |
63. Crawford v State of Western Australia (No 2) [2025] FCAFC 48
| COSTS – where unsuccessful appellant sought order that the parties bear their own costs of the appeal and of the application at first instance – court’s discretion as to costs – whether public interest character of litigation justifies |
| Date: 9 Apr 2025 Judge: MORTIMER CJ, STEWART AND O’BRYAN JJ |
64. Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd (Trial) [2025] FCA 314
| TRADE AND COMMERCE – share sale transaction of financial planning business with Australian Financial Services Licence – where purchase price was calculated on the basis of adjusted EBIT – where first tranche of shares was acquired by buyers |
| Date: 4 Apr 2025 Judge: STEWART J |
65. Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2025] FCAFC 43
| APPEAL – where appellant alleges breach of s 45 of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – where issue arises as to derivative Crown immunity – where similar ACCC proceedings in Federal Court of |
| Date: 3 Apr 2025 Judge: LEE, COLVIN AND STEWART JJ |
66. London City Equities Ltd v Excelsior Capital Ltd [2025] FCA 285
| PRACTICE AND PROCEDURE – application for winding up of the defendant on just and equitable grounds or on grounds of shareholder oppression – where plaintiff seeks leave to amend pleadings expanding the scope of factual matters in dispute – |
| Date: 27 Mar 2025 Judge: STEWART J |
67. Deripaska v Minister for Foreign Affairs [2025] FCAFC 36
| STATUTORY INTERPRETATION – where the Autonomous Sanctions Act 2011 (Cth) and Autonomous Sanctions Regulations 2011 (Cth) impose restrictions on designated persons or entities – where it was common ground that regs 14 and 15 would impinge on the |
| Date: 27 Mar 2025 Judge: WIGNEY, STEWART AND NESKOVCIN JJ |
68. Australian Securities and Investments Commission v 24-U Pty Ltd [2025] FCA 321
| CORPORATIONS – “pig butchering” – simultaneous winding up of 95 corporations – where defendant companies suspected to be involved in scam activity and financial misconduct – multiple contraventions of the Corporations Act 2001 (Cth) – |
| Date: 21 Mar 2025 Judge: STEWART J |
69. Shute (Liquidator), in the matter of Modliv Pty Ltd (in liq) [2025] FCA 224
| PRACTICE AND PROCEDURE – application for the issue of an arrest warrant – where summons issued by the Court under s 596A of the Corporations Act 2001 (Cth) requiring a director of a company to attend an examination about the company’s |
| Date: 19 Mar 2025 Judge: STEWART J |
| CORPORATIONS – application for orders under ss 477(2B) and 1323(3) of the Corporations Act 2001 (Cth) and s 37AI of the Federal Court of Australia Act 1976 (Cth) – where there is nothing to suggest that entry into the agreements by the |
| Date: 19 Mar 2025 Judge: STEWART J |
71. Element Zero Pty Ltd v Fortescue Ltd [2025] FCA 206
| HIGH COURT AND FEDERAL COURT – stare decisis – precedential role of judgments of single Justices of the High Court in its original jurisdiction – precedential role of judgments of intermediate appellate courts in other Australian jurisdictions |
| Date: 14 Mar 2025 Judge: STEWART J |
72. BYT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 157
| MIGRATION – protection visa application – refused by the Minister’s delegate and that decision affirmed by the Immigration Assessment Authority – where primary judge found the Authority misapplied the requirements of s 473DD of the |
| Date: 12 Mar 2025 Judge: STEWART J |
73. FFQ17 v Minister for Immigration and Border Protection [2025] FCA 158
| MIGRATION – protection visa application – refused – whether particulars, claims or evidence overlooked – no error – appeal dismissed |
| Date: 4 Mar 2025 Judge: STEWART J |
74. HSCK v Minister for Immigration and Multicultural Affairs [2025] FCAFC 17
| MIGRATION - where appellant's application for judicial review was dismissed by the primary judge - where Minister on appeal concedes that there has been jurisdictional error on the part of the Tribunal - whether the Court should grant relief in the |
| Date: 25 Feb 2025 Judge: STEWART, MCELWAINE AND MCEVOY JJ |
75. Rahman v Kent (No 2) [2025] FCA 129
| PRACTICE AND PROCEDURE - where successful appellant seeks review of a decision by the Registrar to dismiss his application for the release of $25,000 paid into court as security for costs of an appeal - whether that security ought to be released |
| Date: 25 Feb 2025 Judge: STEWART J |
76. Crawford v State of Western Australia [2025] FCAFC 18
| CONSTITUTIONAL LAW - appeal - validity of provisions of the Children's Court of Western Australia Act 1988 (WA) and the Magistrates Court Act 2004 (WA) regarding performance of functions of magistrates appointed to both the Magistrates Court and |
| Date: 25 Feb 2025 Judge: MORTIMER CJ, STEWART AND O'BRYAN JJ |
77. Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120
| ARBITRATION - application for enforcement of a foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - where orders for enforcement were proposed by consent - whether Court can or should make a declaratory order |
| Date: 24 Feb 2025 Judge: STEWART J |
78. Australian Securities and Investments Commission v Hawkins [2025] FCA 121
| CORPORATIONS - officer's duties under s 180(1) of the Corporations Act 2001 (Cth) - civil penalties - disqualification from managing corporations - where ASIC commenced civil penalty proceedings against eleven members of the executive team and board |
| Date: 24 Feb 2025 Judge: STEWART J |
79. VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17
| PRACTICE AND PROCEDURE - separate question - stay of proceeding - cross-vesting - respondent's application for bifurcation of the proceeding to determine liability and causation first and quantum later or to stay the proceeding - where there is a |
| Date: 31 Jan 2025 Judge: STEWART J |
80. Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
| ARBITRATION - investor-State arbitration under a bilateral investment treaty - originating application seeking recognition and enforcement of foreign arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral |
| Date: 31 Jan 2025 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
81. Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503
| CONTEMPT OF COURT - consideration of sentence for convictions for criminal and civil contempt of court by breach of freezing orders - imposition of sentence |
| Date: 20 Dec 2024 Judge: STEWART J |
82. Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165
| COSTS - costs in the primary proceeding following successful appeal - indemnity principle - other issues of contest - whether to remit issues to the primary judge - issue to be dealt with on taxation |
| Date: 13 Dec 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
83. Faruqi v Hanson (Costs) [2024] FCA 1389
| COSTS - application for costs to be reduced by determination on a reduced scale - whether r 40.08 of the Federal Court Rules 2011 (Cth) applies - where the matter was in the nature of a test case for, and is important to, both parties - where a |
| Date: 4 Dec 2024 Judge: STEWART J |
84. Husseini v Girchow Enterprises Pty Ltd [2024] FCAFC 143
| CONSUMER LAW - appeal from judgment where appellant found jointly and severally liable to pay damages under s 236 of the Australian Consumer Law - misleading and deceptive conduct under s 18 of the ACL - characterisation of conduct in context - |
| Date: 12 Nov 2024 Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ |
| PRACTICE AND PROCEDURE - stay pending appeal - where orders were made under the UNCITRAL Model Law on Cross-Border Insolvency granting powers of a liquidator in Australia to the local representatives of a trustee of foreign liquidations, including |
| Date: 11 Nov 2024 Judge: STEWART J |
| CORPORATIONS - company in administration - application for further extension of time for the resumption of the second meeting of creditors pursuant to s 439A of the Corporations Act 2001 (Cth) - continuation of orders in relation to confidentiality |
| Date: 8 Nov 2024 Judge: STEWART J |
87. Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCAFC 142
| STATUTORY INTERPRETATION - autonomous sanctions regime - where export sanction and designated persons sanction were made by Australian Government in mid-March 2022 against Russia and certain Russian business-people - where subsidiary (ABC) of |
| Date: 8 Nov 2024 Judge: MOSHINSKY, STEWART AND BUTTON JJ |
88. Exhibit Design and Construction Pty Ltd v Azam [2024] FCA 1296
| HIGH COURT AND FEDERAL COURT - anti-suit injunction in relation to proceedings in the ACT Civil and Administrative Tribunal (ACAT) - duplicate proceedings in respect of the same underlying dispute - risk of conflicting outcomes - whether there is a |
| Date: 7 Nov 2024 Judge: STEWART J |
| CORPORATIONS - application to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where the plaintiff has had two director penalty notices issued against him by the Commissioner of Taxation for tax |
| Date: 5 Nov 2024 Judge: STEWART J |
90. Faruqi v Hanson [2024] FCA 1264
| HUMAN RIGHTS - immigrant Senator told to "piss off back to Pakistan" and that she has taken "advantage" of Australia - Racial Discrimination Act 1975 (Cth), s 18C - whether conduct reasonably likely in all the circumstances to offend, insult, |
| Date: 1 Nov 2024 Judge: STEWART J |
91. Nick Scali Ltd v Lion Global Forwarding Pty Ltd [2024] FCA 1247
| SHIPPING AND NAVIGATION - where applicant seeks urgent release of shipping containers held by the first respondent in exchange for payment into court as security of amounts owing by the applicant to the first respondent - contractual general and |
| Date: 28 Oct 2024 Judge: STEWART J |
92. Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Distribution) [2024] FCA 1220
| ADMIRALTY - distribution of the proceeds of the fund arising from judicial sale of the vessel following determination of priorities - costs |
| Date: 18 Oct 2024 Judge: STEWART J |
93. Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (Priorities) [2024] FCA 1149
| ADMIRALTY - vessel owner's claim on demise charterer's liability to it for unpaid hire as instalments under a purchase lease - whether a general maritime claim - basis for proceeding in rem - whether charterer no longer the demise charterer at time |
| Date: 1 Oct 2024 Judge: STEWART J |
94. Copeland (liquidator) v Odeesh, in the matter of FBF Transport Pty Ltd (in liq) [2024] FCA 1136
| CORPORATIONS - application for issue of warrant under s 530C of the Corporations Act 2001 (Cth) - ex parte application - leave to have warrant issued - evidence defendant has not cooperated in refraining from making use of or delivering up property |
| Date: 26 Sep 2024 Judge: STEWART J |
95. Walker (Administrator), in the matter of Childcare Development Opportunities Pty Ltd [2024] FCA 1133
| CORPORATIONS - where a judge of the Federal Circuit and Family Court of Australia (Division 2) made orders under the Corporations Act 2001 (Cth) in property settlement proceedings under the Family Law Act 1975 (Cth) empowering the wife to make |
| Date: 25 Sep 2024 Judge: STEWART J |
96. VRG Bidco Pty Ltd, in the matter of VRG Bidco Pty Ltd [2024] FCA 1088
| CORPORATIONS - application under s 1322(4) of the Corporations Act 2001 (Cth) for relief of companies and their current and former directors and officers from civil liability in respect of failure of companies to lodge a deed of cross-guarantee and |
| Date: 17 Sep 2024 Judge: STEWART J |
97. Colley, in the matter of PF Group Holdings Pty Ltd (Administrators Appointed) (No 2) [2024] FCA 1089
| CORPORATIONS - application for further extension of time to convene second meeting of creditors pursuant to s 447A of the Corporations Act 2001 (Cth) - extension granted |
| Date: 17 Sep 2024 Judge: STEWART J |
| PRACTICE AND PROCEDURE - ruling on whether certain issues are live between the parties on the pleadings and who bears responsibility to plead and/or prove them |
| Date: 3 Sep 2024 Judge: STEWART J |
99. Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd [2024] FCA 985
| PRACTICE AND PROCEDURE - application for discovery - too much, too late - dismissed |
| Date: 26 Aug 2024 Judge: STEWART J |
100. AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 103
| MIGRATION - appeal - where appellant was initially refused a protection visa on character grounds but Administrative Appeals Tribunal decided the appellant should be granted that visa - where the Minister decided under s 501A(2) of the Migration Act |
| Date: 20 Aug 2024 Judge: MURPHY, STEWART AND MCEVOY JJ |
