Browse Federal Court JudgmentsBy Judge - Thawley J |
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1. Chaplin v Secretary, Department of Social Services [2025] FCAFC 89
| ADMINISTRATIVE LAW – appeal on a question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) – where appellant received Youth Allowance payments under Pt 2.11 of Social Security Act 1991 (Cth) (Social Security |
| Date: 15 Jul 2025 Judge: THAWLEY, HESPE AND KENNETT JJ |
2. Brett Cattle Pty Ltd v Minister for Agriculture (No 5) [2025] FCA 597
| REPRESENTATIVE PROCEEDINGS – separate question – where the Court (differently constituted) found liability for misfeasance in public office – where liability judge ordered separate question relevant to damage: how many live cattle would have |
| Date: 5 Jun 2025 Judge: THAWLEY J |
3. Simmons v Giezekamp [2025] FCA 584
| COSTS – where proceedings settled save as to costs – where no hearing on the merits – where respondents effectively capitulated or surrendered – where several attempts by third respondent to resolve dispute – costs awarded |
| Date: 4 Jun 2025 Judge: Thawley J |
4. Hassan (formerly AFX21) v Minister for Home Affairs (Costs) [2025] FCAFC 69
| COSTS – where primary judge ordered by consent that the parties bear their own costs of a particular issue – where issue not raised on appeal – where unsuccessful appellant seeks order for the respondents to pay his costs of the issue incurred |
| Date: 20 May 2025 Judge: KATZMANN, THAWLEY AND KENNETT JJ |
5. Hassan (formerly AFX21) v Minister for Home Affairs [2025] FCAFC 57
| TORT – where appellant medically evacuated to Australia from offshore immigration detention in Papua New Guinea – where appellant requested removal to Papua New Guinea under s 198(1) of Migration Act 1958 (Cth) – where appellant remained in |
| Date: 22 Apr 2025 Judge: KATZMANN, THAWLEY AND KENNETT JJ |
6. Insurance Australia Limited t/as CGU Insurance v Capral Limited [2025] FCAFC 46
| PRACTICE AND PROCEDURE – application for leave to appeal from order answering separate questions – application for leave to appeal granted – appeal dismissed INSURANCE – general products and liability policy – where applicant supplied |
| Date: 3 Apr 2025 Judge: THAWLEY, DOWNES AND SHARIFF JJ |
7. CHP17 v Minister for Immigration and Multicultural Affairs [2025] FCA 284
| MIGRATION – where appellant did not appear – appeal dismissed |
| Date: 1 Apr 2025 Judge: Thawley J |
8. Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) [2025] FCA 344
| PRACTICE AND PROCEDURE – application to stay orders – where applicant seeks stay pending commencement of application to set aside orders made on 16 June 2022 for alleged fraud – where alleged fraud occurred in 2024 – where no prima facie |
| Date: 1 Apr 2025 Judge: THAWLEY J |
| MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority’s decision was legally unreasonable – |
| Date: 21 Mar 2025 Judge: THAWLEY J |
10. AusNet Services Limited v Commissioner of Taxation [2025] FCAFC 21
| TAXATION – where appellant was inserted into the ownership structure of three entities which had until then been a stapled group – where transactions occurred on the same day in a predetermined sequence – whether the primary judge erred in |
| Date: 7 Mar 2025 Judge: LOGAN, THAWLEY AND KENNETT JJ |
11. Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2025] FCA 115
| TAXATION – Division 230 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – taxation of financial arrangements (TOFA) – whether asserted contingent right to ‘terminal payment’ said to arise under contract and/or statute was a |
| Date: 21 Feb 2025 Judge: THAWLEY J |
12. Bachelard v Australian Federal Police [2025] FCAFC 5
| ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) (FOI Act) - request for access to three witness statements and a professional standards report arising from an investigation conducted under Part V of Australian Federal Police Act 1979 (Cth) |
| Date: 3 Feb 2025 Judge: WIGNEY, THAWLEY AND MCDONALD |
13. Darmali v Chu [2024] FCA 1521
| PRACTICE AND PROCEDURE - applications for stay pending appeals - stays granted on conditions PRACTICE AND PROCEDURE - security for costs -where appellants assert impecuniosity -whether order for security for costs would stultify appeal - security |
| Date: 19 Dec 2024 Judge: THAWLEY J |
14. Inruse Pty Limited as trustee for the 224 Hinxman Trust v Equity Lenders Pty Ltd [2024] FCA 1434
| AUSTRALIAN CONSUMER LAW - where applicant alleged it entered into three loans because of misleading and deceptive conduct - alleged misleading and deceptive conduct in written material - whether the representation was conveyed by the whole of the |
| Date: 12 Dec 2024 Judge: THAWLEY J |
15. Boulos v M.R.V.L. Investments Pty Ltd (Settlement Approval) [2024] FCA 1377
| REPRESENTATIVE PROCEEDINGS - settlement approval - whether the proposed settlement is fair and reasonable in the interest of group members and as between them - settlement approved REPRESENTATIVE PROCEEDINGS - deductions for funding commission and |
| Date: 29 Nov 2024 Judge: THAWLEY J |
16. Commissioner of Taxation v Esso Australia Resources Pty Ltd [2024] FCAFC 151
| TAXATION - petroleum resource rent tax - where "assessable tolling receipts derived by a person in relation to a petroleum project" is defined as "the consideration receivable by the person in relation to the processing of ... petroleum, in relation |
| Date: 22 Nov 2024 Judge: THAWLEY, JACKMAN AND HORAN JJ |
17. Commissioner of Taxation v Patrix Prestige Pty Ltd [2024] FCAFC 148
| TAXATION - whether respondent was entitled to claim decreasing luxury car tax (LCT) adjustments pursuant to Division 15 of the A New Tax System (Luxury Car Tax) Act 1999 (Cth) (LCT Act) - where Tribunal found, following a concession from the |
| Date: 14 Nov 2024 Judge: THAWLEY, WHEELAHAN AND KENNETT JJ |
18. SNX Pty Ltd v Commissioner of Taxation [2024] FCA 1270
| PRACTICE AND PROCEDURE - where respondent applies for interlocutory orders seeking examination regarding compliance with subpoenas by subpoenaed persons - where the respondent has sufficient cause for wishing to test the sufficiency of the |
| Date: 4 Nov 2024 Judge: THAWLEY J |
19. Imad v Director-General of Security [2024] FCAFC 138
| PRACTICE AND PROCEDURE - public interest immunity - where primary judge upheld the Director-General of Security's claim of public interest immunity over documents relating to adverse security assessment (ASA) against applicant - whether primary |
| Date: 30 Oct 2024 Judge: BROMWICH, THAWLEY AND SHARIFF JJ |
20. AEI Insurance Group Pty Ltd v Martin (No 5) [2024] FCA 1231
| COSTS - application for indemnity costs where applicant made Calderbank offer - whether it was unreasonable for the respondent to have rejected the offer - the respondent's rejection of the offer was unreasonable - indemnity costs ordered |
| Date: 22 Oct 2024 Judge: THAWLEY J |
21. Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal formed view that it had no jurisdiction to review refusal of medical treatment visa - here application for review under Part 5 of the |
| Date: 8 Oct 2024 Judge: THAWLEY, ROFE AND KENNETT JJ |
22. AEI Insurance Group Pty Ltd v Martin (No 4) [2024] FCA 1110
| EMPLOYMENT - alleged breaches of employment contract by respondent - alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations under Corporations Act 2001 (Cth) ss 182 and 183 - where respondent resigned his |
| Date: 24 Sep 2024 Judge: THAWLEY J |
23. Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
| AUSTRALIAN CONSUMER LAW - appellant alleges misleading and deceptive conduct in relation to the sale of Bluewater Square Shopping Centre - where trial judge found that the respondents did not engage in misleading and deceptive conduct, appellant did |
| Date: 18 Sep 2024 Judge: BROMWICH, THAWLEY AND O'SULLIVAN JJ |
24. Broadband Solutions Pty Ltd v Ramirez [2024] FCA 1009
| CORPORATIONS - application for interlocutory relief - employment contract - restraint and confidentiality clauses - alleged breaches of contract - prima facie case established - balance of convenience favours granting of injunction |
| Date: 30 Aug 2024 Judge: THAWLEY J |
| CORPORATIONS - review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) - Registrar dismissed application to set aside statutory demand - hearing de novo - where application and supporting affidavit served |
| Date: 28 Aug 2024 Judge: THAWLEY J |
26. 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 |
27. SZVUI v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 809
| MIGRATION - application for judicial review of decision refusing visa application - decision made personally under s 501(1) of the Migration Act 1958 (Cth) - whether applicant was denied procedural fairness - whether applicant put on notice of a |
| Date: 23 Jul 2024 Judge: THAWLEY J |
28. Verrill v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 802
| MIGRATION - application for extension of time to bring an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to revoke the cancellation of the applicant's visa |
| Date: 19 Jul 2024 Judge: THAWLEY J |
| INDUSTRIAL LAW - termination of employment - interlocutory application for reinstatement - whether prima facie case is sufficiently strong - whether balance of convenience favours grant of interlocutory relief - application for interlocutory relief |
| Date: 18 Jul 2024 Judge: THAWLEY J |
30. Carson (by her litigation representative Jodi-Ann Michael) v Gabriele [2024] FCA 702
| PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) - Registrar granted leave to withdraw creditor's petition - Registrar ordered costs against the respondent in a fixed amount - |
| Date: 27 Jun 2024 Judge: THAWLEY J |
31. GSM Pty Ltd v Commissioner of Taxation [2024] FCA 653
| COSTS - apportionment in light of mixed success - applicant to pay 90% of respondent's costs |
| Date: 18 Jun 2024 Judge: THAWLEY J |
32. Hyder v Commissioner of Taxation [2024] FCA 654
| COSTS - applications for variations of costs orders - where applicants assert that proceedings were commenced by "unlawful" claims made by the respondent - where Calderbank offers related to multiple proceedings - no unreasonable rejection of offer - |
| Date: 18 Jun 2024 Judge: THAWLEY J |
| TAXATION - whether Administrative Appeals Tribunal erred in its construction of s 207-155 of the Income Tax Assessment Act 1997 (Cth) - alleged dividend stripping operation - Tribunal erred in its construction of s 207-155 - matter remitted to the |
| Date: 14 Jun 2024 Judge: BROMWICH, THAWLEY AND HESPE JJ |
34. Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2024] FCA 639
| PRACTICE AND PROCEDURE - where applicant previously worked for respondent and had access to respondent's confidential information / intellectual property - where applicant seeks redactions to discovered documents - where parties are competing trade |
| Date: 12 Jun 2024 Judge: THAWLEY J |
35. Simmons v Giezekamp [2024] FCA 649
| PRACTICE AND PROCEDURE - application for continuation of freezing orders - application by interested party for variation of freezing orders - where interested party is a tenant in common of property the subject of freezing order - where interested |
| Date: 7 Jun 2024 Judge: THAWLEY J |
36. Quach v McIntyre [2024] FCA 564
| PRACTICE AND PROCEDURE - application for summary dismissal - whether applicant has no reasonable prospect of successfully prosecuting a proceeding alleging cartel conduct against two individuals - no reasonable prospects of success - application for |
| Date: 28 May 2024 Judge: THAWLEY J |
37. Tonakie v Director of Professional Services Review [2024] FCAFC 60
| ADMINISTRATIVE LAW - where referral made within 12 months by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to an invalidly constituted Committee to investigate whether the appellant engaged in |
| Date: 24 May 2024 Judge: CHARLESWORTH, THAWLEY AND JACKSON JJ |
38. Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59
| MIGRATION - procedural fairness - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa - where delegate concluded that the "best interests of children" consideration weighed in favour of revocation - |
| Date: 24 May 2024 Judge: RANGIAH, THAWLEY AND SHARIFF JJ |
39. 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 |
40. Merchant v Commissioner of Taxation [2024] FCA 498
| TAXATION - s 177D in Part IVA of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) - where tax benefit admitted - where only issue was dominant purpose under s 177D(1) to obtain admitted tax benefit - where vendor sells shares in listed company |
| Date: 14 May 2024 Judge: THAWLEY J |
41. Hyder v Commissioner of Taxation [2024] FCA 464
| TAXATION - where application made to Commissioner of Taxation for deferral of due date for payment of tax-related liabilities - where Commissioner had issued alternative assessments and had been paid in relation to one assessment - whether |
| Date: 7 May 2024 Judge: THAWLEY J |
| REPRESENTATIVE PROCEEDINGS - settlement approval - where proposed settlement amount represents substantially all of the funds that the respondents have available to satisfy judgment - where settlement deed seeks to preserve ability of group members |
| Date: 17 Apr 2024 Judge: THAWLEY J |
43. Smith v Achieve Homes Pty Ltd [2024] FCA 327
| PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - Registrar dismissed proceeding, in part, due to non-appearance of applicant - applicant has now appeared - hearing de novo |
| Date: 4 Apr 2024 Judge: THAWLEY J |
44. Deputy Commissioner of Taxation v Wu (No 2) [2024] FCA 269
| PRACTICE AND PROCEDURE - application for suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) - where orders made providing opportunity to seek redacted of reasons for judgment -whether order necessary to prevent |
| Date: 20 Mar 2024 Judge: THAWLEY J |
45. Deputy Commissioner of Taxation v Wu [2024] FCA 250
| PRACTICE AND PROCEDURE - application for suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - where proceeding is for debt recovery in which notices of assessment are conclusive evidence that the assessments |
| Date: 18 Mar 2024 Judge: THAWLEY J |
46. Commissioner of Taxation v Hannover Life Re of Australasia Ltd [2024] FCAFC 23
| TAXATION - goods and services tax - input tax credits - creditable acquisitions - creditable purpose - whether life insurer is entitled to input tax credits under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) for acquisition of |
| Date: 4 Mar 2024 Judge: DERRINGTON, THAWLEY AND HESPE JJ |
47. Stern v Commissioner of Taxation [2024] FCAFC 21
| SUPERANNUATION - Div 294 of the Income Tax Assessment Act 1997 (Cth) - whether defined benefit lifetime pension excluded from calculation of excess transfer balance - reliance on Guide in determining purpose or object underlying operative provisions |
| Date: 1 Mar 2024 Judge: THAWLEY, HESPE AND HORAN JJ |
48. Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14
| APPEAL - appeal from dismissal of judicial review application challenging Registrar's decision not to accept interlocutory application (and other documents) for filing - documents not accepted for filing on the basis that the appellate jurisdiction |
| Date: 20 Feb 2024 Judge: THAWLEY, CHEESEMAN AND SHARIFF JJ |
49. CEU22 v Minister for Home Affairs [2024] FCAFC 11
| MIGRATION - Minister considered non-refoulement in assessing national interest under s 501(3) - whether Minister was required correctly to interpret Australia's unenacted non-refoulement obligations in making the decision - if unenacted |
| Date: 16 Feb 2024 Judge: WIGNEY, THAWLEY AND WHEELAHAN JJ |
50. Makowski v Legal Profession Admission Board [2023] FCA 666
| HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - where complaint of discrimination was terminated by the Australian Human Rights Commission - whether claims of unlawful discrimination |
| Date: 21 Jun 2023 Judge: THAWLEY J |
51. JMC Pty Ltd v Commissioner of Taxation (Costs) [2023] FCAFC 95
| COSTS - application for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth) - whether appellant entitled to indemnity costs following rejected offer of compromise in trial proceeding - whether refusal of offer was unreasonable - |
| Date: 16 Jun 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
52. Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608
| TRADE MARKS - appeal from decision of delegate of Registrar of Trade Marks - whether trade mark should be removed from Trade Marks Register for non-use - whether onus of proof discharged in relation to non-use period -whether Court should exercise |
| Date: 8 Jun 2023 Judge: THAWLEY J |
53. Quach v Australian Health Practitioner Regulation Agency (Notice to Produce) [2023] FCA 577
| PRACTICE AND PROCEDURE - notice to produce - whether document sought are relevant - notice to produce set aside |
| Date: 1 Jun 2023 Judge: THAWLEY J |
54. Quach v Australian Health Practitioner Regulation Agency (Adjournment) [2023] FCA 576
| PRACTICE AND PROCEDURE - application for leave to appeal from summary judgment - request for adjournment - medical certificate - whether evidence sufficient to warrant grant of adjournment - adjournment refused |
| Date: 1 Jun 2023 Judge: THAWLEY J |
55. Quach v Australian Health Practitioner Regulation Agency (Extension of Time) [2023] FCA 578
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from summary judgment - whether appeal has prospects of success - whether adequate explanation for delay - application dismissed |
| Date: 1 Jun 2023 Judge: THAWLEY J |
56. Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83
| MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act |
| Date: 30 May 2023 Judge: PERRAM, PERRY AND THAWLEY JJ |
57. National Tertiary Education Industry Union v University of Sydney (Relief) [2023] FCA 537
| INDUSTRIAL LAW - relief - established contraventions of s 50 of the Fair Work Act 2009 (Cth) - application for pecuniary penalties, reinstatement and compensation - whether relief sought appropriate in the circumstances - reinstatement and |
| Date: 29 May 2023 Judge: THAWLEY J |
58. JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76
| CONTRACTS - whether contract between lecturer and education provider was one of employment or independent contractor - whether lecturer fell within ordinary or extended meaning of employee pursuant to the Superannuation Guarantee (Administration) |
| Date: 23 May 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
59. Puxty v Monarch Advisory Group Pty Ltd (Costs) [2023] FCA 650
| COSTS - application for indemnity costs - where respondent went to lengths to explain why grounds of appeal were misconceived - where costs of proceeding were significantly increased by a lack of attention given to the basis for the application - |
| Date: 19 May 2023 Judge: THAWLEY J |
60. Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480
| COSTS - application for costs order against third party litigation funder - where funded applicants brought unsuccessful proceedings - where litigation funder stood to receive financial benefit from the fruits of the litigation - cost orders made |
| Date: 16 May 2023 Judge: THAWLEY J |
61. Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Orders) [2023] FCA 500
| Date: 12 May 2023 Judge: THAWLEY J |
62. New Aim Pty Ltd v Leung [2023] FCAFC 67
| EQUITY - confidential information - where the appellant conducted online retail business and sourced products from China - where the first respondent was employee of appellant until resignation - where the first respondent kept contact details of |
| Date: 10 May 2023 Judge: KENNY, MOSHINSKY, BANKS-SMITH, THAWLEY AND CHEESEMAN JJ |
63. Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Hearing) [2023] FCA 420
| CONSUMER LAW - misleading and deceptive conduct - whether three corporate franchisees entered into gym franchise agreements because of misleading conduct on the part of franchisor and its directors - whether individuals gave guarantees because of |
| Date: 5 May 2023 Judge: THAWLEY J |
64. Deputy Commissioner of Taxation v Miraki [2023] FCA 483
| PRACTICE AND PROCEDURE - application for payment out of court of moneys paid into court pursuant to freezing orders - application granted - application for orders in the nature of freezing orders - application refused |
| Date: 1 May 2023 Judge: THAWLEY J |
65. AEI Insurance Group Pty Ltd v Martin (No. 2) [2023] FCA 277
| PRACTICE AND PROCEDURE - interlocutory application seeking orders for non-standard discovery - inspection of mobile phones - whether order is necessary or desirable - application granted for discovery of limited categories and delivery up and |
| Date: 28 Mar 2023 Judge: THAWLEY J |
66. Boulos v M.R.V.L Investments Pty Ltd (No. 4) [2023] FCA 274
| PRACTICE AND PROCEDURE - representative proceeding - interlocutory application seeking orders for further distribution of Notice to Group Members - application dismissed |
| Date: 27 Mar 2023 Judge: THAWLEY J |
67. Boost Tel Pty Ltd v Singtel Optus Pty Ltd [2023] FCA 213
| INTELLECTUAL PROPERTY - application for urgent interlocutory injunction - alleged infringement of trade mark - whether prima facie case of trade mark infringement - whether balance of convenience favours grant of interlocutory injunction - held: |
| Date: 14 Mar 2023 Judge: THAWLEY J |
68. DWW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 186
| MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where appellant seeking to set aside decision of the Administrative Appeals Tribunal to refuse to grant a Medical Treatment (Visitor) (Class UB) |
| Date: 9 Mar 2023 Judge: THAWLEY J |
69. Embedded Claims Pty Ltd v Litigation Finance (Australia) Pty Ltd [2023] FCAFC 30
| CORPORATIONS - appeal against order dismissing originating process which sought a declaration that shares recorded in a company's register and the Australian Securities and Investments Commission's (ASIC) public register vested in trustees in |
| Date: 9 Mar 2023 Judge: MARKOVIC, COLVIN AND THAWLEY JJ |
70. DMH20 v Minister for Home Affairs [2023] FCAFC 31
| MIGRATION - appeal from orders dismissing an application for a declaration that it was not reasonably practicable to remove the appellant, an unlawful non-citizen, from Australia in the reasonably foreseeable future - whether primary judge erred by |
| Date: 9 Mar 2023 Judge: CHARLESWORTH, THAWLEY AND KENNETT JJ |
71. Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23
| ADMINISTRATIVE LAW - appeal from orders dismissing an application for review of Tribunal decision - Tribunal decision largely replicated respondent's submissions without attribution - requirement in merits review to consider application afresh - |
| Date: 2 Mar 2023 Judge: THAWLEY, MCELWAINE AND HESPE JJ |
72. Lee v Deputy Commissioner of Taxation [2023] FCAFC 22
| PRACTICE AND PROCEDURE - appeal from orders dismissing application for suppression orders under s 37AF of the Federal Court of Australia 1976 (Cth) in relation to the entire court file - where a request for non-party access was made by a journalist |
| Date: 2 Mar 2023 Judge: THAWLEY, STEWART and ABRAHAM JJ |
73. BXS20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 20
| MIGRATION - appeal from Federal Circuit and Family Court of Australia - application for review to Administrative Appeals Tribunal - requirement in s 347(1)(c) of the Migration Act 1958 (Cth) that application for review be accompanied by "prescribed |
| Date: 28 Feb 2023 Judge: THAWLEY, STEWART AND KENNETT JJ |
74. Lusty v CVA22 [2023] FCA 130
| CONTEMPT OF COURT - sentencing - contempt of the Australian Criminal Intelligence Commission - respondent in contempt by refusing to answer questions in examination - where respondent pleaded guilty - fixed term of 8 months imprisonment imposed |
| Date: 23 Feb 2023 Judge: THAWLEY J |
| TAXATION - goods and services tax - precious metal - scrap gold - appeal and cross-appeal - where Administrative Appeals Tribunal considered taxpayer's entitlement to input tax credits in the periods 1 August 2016 to 30 November 2016 (First Period) |
| Date: 23 Feb 2023 Judge: MOSHINSKY, THAWLEY AND HESPE JJ |
76. Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 10
| MIGRATION - appeal from Federal Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming decision not to revoke cancellation decision - application for judicial review also before |
| Date: 14 Feb 2023 Judge: PERRY, DERRINGTON AND THAWLEY JJ |
77. DMO18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 61
| MIGRATION - appeal from Federal Circuit Court orders dismissing application for judicial review of Immigration Assessment Authority decision affirming refusal of appellant's Safe Haven Enterprise Visa application - whether primary judge erred in not |
| Date: 8 Feb 2023 Judge: THAWLEY J |
78. Genova International Soccer Academy v Suranyi Holdings [2022] FCA 1580
| CONTRACTS - breach of contract - failed business venture between applicant and first respondent to run youth soccer training camps in China - construction of contract - ascertainment of parties to the contract - whether contract contained a term |
| Date: 23 Dec 2022 Judge: THAWLEY J |
| REPRESENTATIVE PROCEEDINGS - order for production of documents under section 70-90 of Schedule 2 to the Corporations Act 2001 (Cth) (IPS) and section 23 of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - where parties could not agree as to |
| Date: 13 Dec 2022 Judge: THAWLEY J |
80. WCGD v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1419
| MIGRATION - mandatory revocation under s 501(3A) of the Migration Act 1958 (Cth) - failure to take into account depression when considering "extent of impediments" for the purpose of paragraph 14.5(1) of Direction 79 - failure adequately to consider |
| Date: 28 Nov 2022 Judge: THAWLEY J |
81. CBR19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1392
| MIGRATION - appeal from Federal Circuit Court orders dismissing application for judicial review of Immigration Assessment Authority decision affirming refusal of appellant's Temporary Protection Visa application - whether primary judge erred in not |
| Date: 24 Nov 2022 Judge: THAWLEY J |
82. Philip Morris Ltd v Comptroller-General of Customs [2022] FCAFC 185
| TAXATION - where applicant made applications for drawbacks pursuant to the Customs Act 1901 (Cth) and Customs (International Obligations) Regulation 2015 (Cth) - whether applicant gave notice in writing of intention to claim drawbacks as required by |
| Date: 24 Nov 2022 Judge: LOGAN, THAWLEY AND HESPE JJ |
83. National Disability Insurance Agency v KKTB, by her litigation representative CVY22 [2022] FCAFC 181
| ADMINISTRATIVE LAW - National Disability Insurance Scheme - three Tribunal decisions in relation to reasonable and necessary supports for individuals with severe to profound disabilities - level of support required from registered nurses as opposed |
| Date: 17 Nov 2022 Judge: MORTIMER, THAWLEY AND ABRAHAM JJ |
84. Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183
| MIGRATION - appeal from decision of primary judge to refuse application for review of decision of the Administrative Appeals Tribunal - where application to the Tribunal was not made in compliance with s 29(1) of the Administrative Appeals Tribunal |
| Date: 15 Nov 2022 Judge: THAWLEY, HALLEY AND O'SULLIVAN JJ |
85. EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1349
| MIGRATION - application for judicial review of Minister's decision to cancel applicant's visa under s 501(3) of the Migration Act 1958 (Cth) - where natural justice does not apply - whether Minister made finding which was illogical or unreasonable - |
| Date: 14 Nov 2022 Judge: THAWLEY J |
86. BBlood Enterprises Pty Ltd v Commissioner of Taxation (Costs) [2022] FCA 1278
| TAXATION - where appeal dismissed - application to set aside order dismissing appeal - s 14ZZP of Taxation Administration Act 1953 (Cth) - application for costs when applicant lost on all issues - interlocutory application dismissed |
| Date: 27 Oct 2022 Judge: THAWLEY J |
87. National Tertiary Education Industry Union v University of Sydney [2022] FCA 1265
| INDUSTRIAL LAW - where Full Court allowed appeal and remitted matter for further hearing and determination - right to intellectual freedom - alleged contravention of s 50 of the Fair Work Act 2009 (Cth) - whether conduct was an exercise of |
| Date: 27 Oct 2022 Judge: THAWLEY J |
88. Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd [2022] FCA 1273
| REPRESENTATIVE PROCEEDINGS - application for insurance policies held by administrators of the first respondent and by director respondents - power to order production of documents under section 70-90 of Schedule 2 to the Corporations Act 2001 (Cth) |
| Date: 27 Oct 2022 Judge: THAWLEY J |
| PRACTICE AND PROCEDURE - application for variation of freezing order - whether to increase exception to freezing order to allow further payment of legal expenses - where variation would further erode assets over which proprietary claims have been |
| Date: 10 Oct 2022 Judge: THAWLEY J |
90. CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144
| MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing an application for review of a decision by the Immigration Assessment Authority to refuse the applicant a Temporary Protection (subclass 785) visa - where appellant |
| Date: 23 Sep 2022 Judge: THAWLEY J |
91. Ramandeep v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1137
| MIGRATION - appeal from orders of Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision by the Administrative Appeals Tribunal - Tribunal affirmed a decision made by a delegate of the Minister |
| Date: 23 Sep 2022 Judge: THAWLEY J |
92. Creative Promotions Pty Ltd v Wu [2022] FCA 1150
| PRACTICE AND PROCEDURE - ex parte application for freezing order - whether prima facie case for relief exists - whether there exists danger of risk of dissipation of property in order to frustrate a prospective judgment - whether balance of |
| Date: 21 Sep 2022 Judge: THAWLEY J |
93. BBlood Enterprises Pty Ltd v Commissioner of Taxation [2022] FCA 1112
| TAXATION - whether notice of assessment issued to trustee an original or amended assessment - assessment not complete until notice of assessment issued - screenshots on ATO Portal did not evidence assessment had been made - placing information on |
| Date: 19 Sep 2022 Judge: THAWLEY J |
94. AKU21 v Minister for Home Affairs [2022] FCA 1061
| MIGRATION - application for order for mandatory injunction directed to first and third respondents to cease breaching a contended duty of care - claim for damages against first and third respondents for alleged breach of duty of case arising out or |
| Date: 8 Sep 2022 Judge: THAWLEY J |
95. Ogawa v Finance Minister [2022] FCAFC 145
| ADMINISTRATIVE LAW - appeal from orders dismissing an application for judicial review of a decision of the Finance Minister - Finance Minister refusing to waive a debt owed by the appellant to the Commonwealth - whether primary judge erred in |
| Date: 31 Aug 2022 Judge: CHARLESWORTH, THAWLEY AND GOODMAN JJ |
96. Australian Crime Commission v DTO21 (No 2) [2022] FCA 934
| CONTEMPT OF COURT - sentencing - application to review continuance of indefinite sentence of imprisonment imposed for contempt of the Australian Criminal Intelligence Commission - where respondent has not purged contempt - fixed term of imprisonment |
| Date: 12 Aug 2022 Judge: THAWLEY J |
97. Myers Pharmacy v Australian Community Pharmacy Authority [2022] FCA 932
| COSTS - where application the subject of the decision under review in the proceeding was discontinued by the second respondent - where subject matter of the proceeding has evaporated and proceeding dismissed - where parties unable to agree on orders |
| Date: 12 Aug 2022 Judge: THAWLEY J |
98. Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942
| CONSUMER LAW - where first respondent found to have contravened ss 18, 29 and 34 of the Australian Consumer Law (ACL) - where second respondent found to have breached the same provisions of the ACL by adopting and endorsing first respondent's |
| Date: 12 Aug 2022 Judge: THAWLEY J |
99. Secretary, Attorney-General's Department v Warren [2022] FCAFC 118
| INDUSTRIAL LAW - construction of the phrase "attributable to" the entitlement in s 19(2)(a) of the Fair Entitlements Guarantee Act 2012 (Cth) - whether the employer's payment of a casual loading to the applicant during the employment was |
| Date: 12 Jul 2022 Judge: RARES, THAWLEY AND ANDERSON JJ |
100. D&D Traffic Management Pty Ltd v The Australian Workers' Union [2022] FCAFC 113
| ADMINISTRATIVE LAW - application for judicial review of decision of Fair Work Commission not to approve an enterprise agreement because Commission was not satisfied that it passed the "better off overall test" - whether Commission misconceived its |
| Date: 8 Jul 2022 Judge: KATZMANN, THAWLEY AND GOODMAN JJ |
