Browse Federal Court JudgmentsBy Judge - Stewart J |
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1. 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 |
3. 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 |
5. 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 |
6. 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 |
7. 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 |
8. 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 |
9. 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 |
10. 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 |
11. 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 |
13. 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 |
14. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. 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 |
25. 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 |
26. 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 |
29. 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 |
30. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
41. 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 |
42. 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 |
43. DST18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 104
| MIGRATION - application for leave to appeal from a decision answering "no" to a separate question - where Minister referred a fast track reviewable decision to the Immigration Assessment Authority - where Authority's decision quashed and remitted to |
| Date: 20 Aug 2024 Judge: COLLIER, THAWLEY AND STEWART JJ |
| ARBITRATION - application for enforcement of a foreign arbitral award under the International Arbitration Act 1974 (Cth) - where the respondents appeared unconditionally by a solicitor, at least initially - where there is no evidence of dispute of |
| Date: 16 Aug 2024 Judge: STEWART J |
45. Iveco S.P.A v The Ship Hoegh London [2024] FCA 901
| ADMIRALTY - application by shipowner for release of vessel under arrest - whether vessel should be released from arrest - where writ as to arrest impermissibly cited corporations as relevant persons and melded in rem and in personam claims - costs |
| Date: 9 Aug 2024 Judge: STEWART J |
46. O'Shannassy v Sarina (Appeal) [2024] FCA 880
| BANKRUPTCY AND INSOLVENCY - where by an order for judgment liability has been determined but damages not yet assessed on a defamation claim at the time the defendant became bankrupt - whether the unassessed claim constitutes a provable debt in their |
| Date: 8 Aug 2024 Judge: STEWART J |
47. Goldmate Group Pty Ltd v Yang [2024] FCA 722
| PRACTICE AND PROCEDURE - interlocutory applications to set aside subpoenas - whether subpoenas have a legitimate forensic purpose - applications dismissed |
| Date: 26 Jul 2024 Judge: STEWART J |
48. CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd (The Goliath) [2024] FCA 824
| SHIPPING AND NAVIGATION - Convention on Limitation of Liability for Maritime Claims (1976) given the force of law by the Limitation of Liability for Maritime Claims Act 1989 (Cth) - meaning and scope of Arts 2(1)(a) and (d) of the Convention - where |
| Date: 26 Jul 2024 Judge: STEWART J |
49. Marketlend Pty Ltd v Govindasamy, in the matter of Govindasamy [2024] FCA 704
| BANKRUPTCY - review of Registrar's dismissal of application to adjourn creditor's petition under s 206 of the Bankruptcy Act 1966 (Cth) to allow a personal insolvency agreement (PIA) to be executed - where majority of creditors approved the PIA - |
| Date: 27 Jun 2024 Judge: STEWART J |
50. Gordon v The Vessel "Southern Star" [2024] FCA 674
| ADMIRALTY - where party-boat arrested for small claim - where three caveats against release, also small claims - where owner of vessel applies for release of vessel from arrest - where urgency arising from imminent commencement of charter - where |
| Date: 20 Jun 2024 Judge: STEWART J |
| COSTS - where the first and second respondents seek an order that the applicants pay their costs on an indemnity basis after a settlement offer was served - rule 25.14(2) of the Federal Court Rules 2011 (Cth) - where the proceeding was dismissed - |
| Date: 12 Jun 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
| ARBITRATION - application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - one-stage process - award debtor served abroad - whether notice period adequate - award enforced and judgment entered, |
| Date: 7 Jun 2024 Judge: STEWART J |
53. Monks v Mawhinney [2024] FCA 582
| BANKRUPTCY AND INSOLVENCY - creditor's petition - whether the respondent is indebted to the applicants as required by s 44(1)(a) of the Bankruptcy Act 1966 (Cth) - whether the respondent gave notice that he had suspended payment of his debts within |
| Date: 5 Jun 2024 Judge: STEWART J |
54. Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie (No 3) [2024] FCA 583
| CORPORATIONS - where the liquidator of a company in a group of companies seeks the return of trade marks for the benefit of its creditors or, failing that, equitable compensation or damages for the value of the trade marks - where the first |
| Date: 5 Jun 2024 Judge: STEWART J |
55. Top Intellectual Property Pty Ltd v Grayson's International Pty Ltd [2024] FCA 561
| PRACTICE AND PROCEDURE - interlocutory application for leave to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) to allow the respondent corporation to proceed in Court other than by a lawyer - consideration of the interests of justice |
| Date: 27 May 2024 Judge: STEWART J |
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge found that Applicants ran an 'all-or-nothing' case in respect of their entitlement to bank guarantee proceeds - where primary judge dismissed that case entirely - whether |
| Date: 24 May 2024 Judge: PERRAM, STEWART AND BUTTON JJ |
57. Jennings v Jaguar Land Rover Australia Pty Ltd [2024] FCAFC 62
| REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings - carriage dispute - issue of procedural fairness - appeal allowed. |
| Date: 21 May 2024 Judge: MURPHY, THAWLEY AND STEWART JJ |
58. Manebona v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 402
| MIGRATION - visa cancelled on character grounds - application for judicial review of Tribunal's decision to affirm decision of the delegate not to revoke cancellation - whether Tribunal misapplied a direction it was bound to apply - whether Tribunal |
| Date: 22 Apr 2024 Judge: STEWART J |
59. O'Shannassy v Sarina [2024] FCA 378
| PRACTICE AND PROCEDURE - application for a stay of proceeding in the Court below pending application for leave to appeal - application dismissed |
| Date: 12 Apr 2024 Judge: STEWART J |
60. Hankuk Carbon Co, Ltd v Energy World Corporation Ltd (No 2) [2024] FCA 366
| ARBITRATION - second hearing of application for enforcement of foreign arbitral awards - whether respondent had notice of the hearing - dissolution of stay of judgment previously ordered |
| Date: 12 Apr 2024 Judge: STEWART J |
61. Australian Securities and Investments Commission v Blumenthal [2024] FCA 384
| CORPORATIONS - where parties jointly seek agreed declarations and penalty orders in relation to admitted contraventions of the Corporations Act 2001 (Cth) - where contravening conduct concerned breaches by the defendant of his directors' duties and |
| Date: 12 Apr 2024 Judge: STEWART J |
62. Clarence City Council v Commonwealth of Australia (costs) [2024] FCAFC 47
| COSTS - costs of appeal - where unsuccessful appellants successful on an issue raised by notices of contention - whether appropriate to apportion costs on an issue basis - whether a discrete issue |
| Date: 11 Apr 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
63. YQLH v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 293
| MIGRATION - mandatory cancellation - where the applicant, a stateless Palestinian, seeks judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's visa - whether the Tribunal failed to |
| Date: 27 Mar 2024 Judge: STEWART J |
| CONSUMER LAW - alleged misleading or deceptive conduct in relation to financial services contrary to ss 12DA and 12GF of the Australian Securities and Investments Commission Act 2001 (Cth) - whether representations were misleading - where |
| Date: 27 Mar 2024 Judge: STEWART J |
65. Guoao Holding Group Co Ltd v Xue (Contempt) [2024] FCA 278
| CONTEMPT OF COURT - where the applicant seeks orders that the first respondent be found guilty of criminal or civil contempt by acting in breach of freezing orders - where the applicable standard of proof is the criminal standard of proof of beyond |
| Date: 25 Mar 2024 Judge: STEWART J |
66. Infrastructure Services Luxembourg S.a.r.l. v Kingdom of Spain (security for costs) [2024] FCA 234
| PUBLIC INTERNATIONAL LAW - privileges of consular officials - Vienna Convention on Consular Relations - whether ordering foreign state to provide security for costs in its application to assert consular immunity would infringe on consular immunity |
| Date: 13 Mar 2024 Judge: STEWART J |
67. Hankuk Carbon Co, Ltd v Energy World Corporation Ltd [2024] FCA 232
| ARBITRATION - application for enforcement of foreign arbitral awards under s 8(3) of the International Arbitration Act 1974 (Cth) - two-stage process - form of orders - where applicant seeks orders entering judgment but providing for stay and notice |
| Date: 12 Mar 2024 Judge: STEWART J |
68. Dan-Bunkering (Singapore) Pte Ltd v The Ship Yangtze Fortune (No 3) [2024] FCA 219
| ADMIRALTY - application for leave to claim out of time upon the fund constituted by the proceeds of judicial sale of the ship Yangtze Fortune - liability of the fund for demise charterer's debts - construction of ss 18 and 24 of the Admiralty Act |
| Date: 12 Mar 2024 Judge: STEWART J |
69. Faruqi v Hanson (evidence rulings) [2024] FCA 225
| HUMAN RIGHTS - offensive behaviour because of race, colour or national or ethnic origin - Racial Discrimination Act 1975 (Cth), s 18C - "piss off back to Pakistan" -relevance of evidence of the subjective effect of the impugned conduct on particular |
| Date: 12 Mar 2024 Judge: STEWART J |
70. Senatore, in the matter of Autotech services (ACT) Pty Ltd (in liq) (No 2) [2024] FCA 213
| BANKRUPTCY AND INSOLVENCY - application by Court-appointed receiver for discharge following payment of remuneration, costs and expenses - application granted |
| Date: 7 Mar 2024 Judge: STEWART J |
71. Siemens WLL v BIC Contracting LLC (costs) [2024] FCA 201
| COSTS - application to vary costs order - consideration of procedural history - application dismissed |
| Date: 6 Mar 2024 Judge: STEWART J |
72. Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie (No 2) [2024] FCA 182
| CORPORATIONS - application for leave to proceed with an existing proceeding against a company in liquidation |
| Date: 4 Mar 2024 Judge: STEWART J |
| CORPORATIONS - members' scheme of arrangement - second court hearing - approval of scheme |
| Date: 4 Mar 2024 Judge: STEWART J |
74. Bolin Technology Co., Ltd v BirdDog Technology Ltd [2024] FCA 129
| PRACTICE AND PROCEDURE - anti-anti-suit injunction - urgency - balance of convenience |
| Date: 22 Feb 2024 Judge: STEWART J |
75. Clarence City Council v Commonwealth of Australia [2024] FCAFC 8
| CONTRACTS - Appeal from orders of primary judge refusing Councils' application for declarations in respect of the construction of leases between Commonwealth and lessees of airports - where Councils not party to the leases -meaning of "trading or |
| Date: 15 Feb 2024 Judge: MARKOVIC, STEWART AND ANDERSON JJ |
76. Papoutsakis v Australian Information Commissioner [2024] FCA 75
| HUMAN RIGHTS - privacy - application for judicial review of the decision of a delegate of the Australian Information Commissioner not to further investigate a breach of privacy complaint - where the delegate relied on s 41(1)(da) of the Privacy Act |
| Date: 13 Feb 2024 Judge: STEWART J |
77. Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57
| REPRESENTATIVE PROCEEDINGS - formulation of common questions - whether answers to questions depend on particular circumstances of individual group members - whether what passengers impliedly made known to the service provider was their purpose and |
| Date: 7 Feb 2024 Judge: STEWART J |
78. Aquamore Credit Equity Pty Ltd v Maroon (No 2) [2024] FCA 14
| BANKRUPTCY AND INSOLVENCY - whether there is any justifiable basis to adjourn the hearing - whether requirements for a sequestration order have been established - the Court's discretion to not make sequestration orders under s 52(1) of the |
| Date: 16 Jan 2024 Judge: STEWART J |
79. Siemens WLL v BIC Contracting LLC (stay) [2023] FCA 1669
| PRACTICE AND PROCEDURE - stay of orders setting aside garnishee order - prejudice to applicants if stay not granted - risk of harm to garnishee and other third parties |
| Date: 22 Dec 2023 Judge: STEWART J |
80. Siemens WLL v BIC Contracting LLC (garnishee order) [2023] FCA 1664
| PRIVATE INTERNATIONAL LAW - location of a chose in action - whether general principle that a debt is located where it is recoverable is displaced by special agreement of the parties or an exclusive right of suit rendering a location other than the |
| Date: 22 Dec 2023 Judge: STEWART J |
81. Lithium Power International Ltd, in the matter of Lithium Power International Ltd [2023] FCA 1637
| CORPORATIONS - members' scheme of arrangement - first court hearing - application under ss 411 and 1319 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement |
| Date: 18 Dec 2023 Judge: STEWART J |
82. Resolution Life Australasia Ltd v Teagle [2023] FCA 1607
| SUPERANNUATION - appeal from determination of Australian Financial Complaints Authority Ltd (AFCA) - whether AFCA acted beyond power and in error of law in positing the existence of a relevant reviewable decision to not compensate the first |
| Date: 18 Dec 2023 Judge: STEWART J |
83. El-Rihani v Hotait (No 4) [2023] FCA 1615
| PRACTICE AND PROCEDURE - ancillary orders to prospective freezing orders |
| Date: 14 Dec 2023 Judge: STEWART J |
84. StoneX Financial Inc v Ambrose [2023] FCA 1568
| ARBITRATION - application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) - two-stage process - application for orders in accordance with Annexure B to the Commercial Arbitration Practice Note |
| Date: 7 Dec 2023 Judge: STEWART J |
85. Tang v Yu (evidence rulings) [2023] FCA 1541
| EVIDENCE - hearsay - business records - whether the business records need to be records of the business at issue in the proceeding - admissibility of opinion evidence contained within business records - where no evidence of basis of experts' |
| Date: 5 Dec 2023 Judge: STEWART J |
86. Tang v Yu (application to vacate) [2023] FCA 1540
| PRACTICE AND PROCEDURE - interlocutory application to vacate trial dates - interlocutory application dismissed |
| Date: 4 Dec 2023 Judge: STEWART J |
87. Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188
| INSURANCE - determination of separate question - leave to appeal - whether relief sought advisory or hypothetical - construction of design and construction professional indemnity insurance policy - whether insuring clause limited to claims for civil |
| Date: 1 Dec 2023 Judge: LEE, STEWART AND CHEESEMAN JJ |
88. StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCAFC 200
| INJUNCTIONS - application for interlocutory injunction - where application refused by primary judge - whether prime facie case of contraventions of ss 18 and 29 of the Australian Consumer Law and for tort of passing off - whether balance of |
| Date: 30 Nov 2023 Judge: O'CALLAGHAN, STEWART AND BUTTON JJ |
89. Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485
| SUPERANNUATION - where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services - where parties have agreed a statement of facts and the proposed form of declaratory relief, |
| Date: 29 Nov 2023 Judge: STEWART J |
| PRACTICE AND PROCEDURE - application for service of summonses for examination and orders for production outside of Australia - where there is an adequate connection between the people sought to be examined and this jurisdiction - where liquidators |
| Date: 23 Nov 2023 Judge: STEWART J |
91. Bluetag Australia Pty Ltd v BCC Trade Credit Pty Ltd trading as Bond and Credit Co [2023] FCA 1459
| PRACTICE AND PROCEDURE - application for leave to issue and serve subpoenas to produce documents on two Singaporean corporations - power of the Court to authorise the issue of subpoenas for service on an overseas entity - whether discretion ought to |
| Date: 23 Nov 2023 Judge: STEWART J |
92. XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183
| INSURANCE - indemnity sought pursuant to public and product liability insurance policy - claim in relation to collision of mining equipment with bridge - where parties accepted insuring clause responds to claim - proper construction of "write-backs" |
| Date: 23 Nov 2023 Judge: LEE, STEWART AND CHEESEMAN JJ |
93. Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182
| COSTS - application for leave to appeal against a lump sum costs determination - applicable principles and procedure for the determination of lump sum costs - whether primary judgment is attended with sufficient doubt - whether a refusal of leave to |
| Date: 17 Nov 2023 Judge: Markovic, Stewart and Anderson JJ |
94. Aquamore Credit Equity Pty Ltd v Maroon [2023] FCA 1399
| BANKRUPTCY AND INSOLVENCY - whether the requirements for a sequestration order have been established - the Court's discretion not to make sequestration orders under s 52(1) of the Bankruptcy Act 1966 - whether solvency is established - whether the |
| Date: 13 Nov 2023 Judge: STEWART J |
95. Tonakie v Director of Professional Services Review [2023] FCA 1365
| ADMINISTRATIVE LAW - application for judicial review - effect of legal nullity - whether decision made by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to make a referral to a Committee to investigate |
| Date: 9 Nov 2023 Judge: STEWART J |
96. Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176
| COSTS - where successful intervener seeks his costs of the appeal - where intervention was necessary, efficient and of considerable assistance - appellant to pay costs of the respondents and intervener |
| Date: 6 Nov 2023 Judge: STEWART, MCELWAINE AND BUTTON JJ |
97. Generate Group Pty Ltd v Harris (Costs) [2023] FCA 1358
| COSTS - where costs orders made in party's favour - where that party seeks additional costs orders - application for non-party to pay another non-party's costs in related proceeding - application for costs to be paid forthwith - whether good cause |
| Date: 3 Nov 2023 Judge: STEWART J |
98. McCardle v Johnson [2023] FCA 1369
| PRACTICE AND PROCEDURE - application for security for costs pending the determination of application for leave to appeal and for extensions of time - whether the likelihood of an order for security for costs stifling a claim weighs against making |
| Date: 2 Nov 2023 Judge: STEWART J |
99. Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280
| REPRESENTATIVE PROCEEDINGS - where lead applicant claims that she and her husband were infected with coronavirus on board the cruise ship Ruby Princess - where claims made pursuant to the Australian Consumer Law (ACL) and in negligence - trial of |
| Date: 25 Oct 2023 Judge: STEWART J |
100. Resolution Life Australasia Ltd v Teagle (Stay Application) [2023] FCA 1244
| SUPERANNUATION - appeal from determination of Australian Financial Complaints Authority - application for stay pending appeal - limitation on Court's discretion |
| Date: 18 Oct 2023 Judge: STEWART J |
