Browse Federal Court JudgmentsBy Judge - Thawley J |
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1. New Aim Pty Ltd v Leung (Costs) [2026] FCAFC 79
| COSTS – variation of costs orders made on appeal – no issue of principle |
| Date: 1 Jun 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
2. Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2026] FCA 618
| PRACTICE AND PROCEDURE – discovery – application that foreign parties produce unredacted copies of discovered documents under r 20.32 of the Federal Court Rules 2011 (Cth) – where production may involve a contravention of Swiss and Luxembourg |
| Date: 18 May 2026 Judge: THAWLEY J |
3. SMBC Leasing and Finance, Inc. v Flexirent Capital Pty Ltd (Lump Sum Costs) [2026] FCA 556
| PRACTICE AND PROCEDURE – costs – lump sum costs determination – no issue of principle – held: applicant entitled to costs fixed in the lump sum of $3.25 million |
| Date: 5 May 2026 Judge: THAWLEY J |
4. Minister for Immigration and Citizenship v XMBQ (Costs) [2026] FCAFC 55
| COSTS – where the appellant succeeded in establishing that the exercise of power under s 501BA of the Migration Act 1958 (Cth) is not subject to an implied time limit – where the appellant seeks his costs of the appeal and the proceeding below |
| Date: 30 Apr 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
5. New Aim Pty Ltd v Leung [2026] FCAFC 49
| CONTRACT – confidentiality – where the first respondent was employed by the appellant – where the employment contract contained a clause providing that the first respondent shall not misuse confidential information of the appellant – where |
| Date: 20 Apr 2026 Judge: MOSHINSKY, THAWLEY AND BUTTON JJ |
6. Commissioner of Taxation v Hall [2026] FCAFC 43
| TAXATION – income tax – deductions – where the respondent was a sports presenter and producer employed by the ABC – where, because of the COVID-19 pandemic, in the 2021 income year the respondent was required to work partly from home and |
| Date: 10 Apr 2026 Judge: THAWLEY, MCELWAINE AND WHEATLEY JJ |
7. SEPL Pty Ltd as trustee of the SFT Trust v Commissioner of Taxation [2026] FCAFC 36
| TAXATION – fringe benefits tax – appeal from orders of a single judge of the Federal Court allowing an appeal on questions of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether provision of luxury motor vehicles for |
| Date: 27 Mar 2026 Judge: PERRY, O’CALLAGHAN AND THAWLEY JJ |
8. Kumar v Minister for Immigration and Citizenship [2026] FCA 278
| MIGRATION – appeal from orders of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) dismissing an application for judicial review of a decision of a delegate of the Minister refusing an application for waiver of a |
| Date: 17 Mar 2026 Judge: THAWLEY J |
9. Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19
| ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
10. Plaintiff S30/2025 v Commonwealth of Australia (Separate Question) [2026] FCA 228
| PRACTICE AND PROCEDURE – application for the determination of a separate question under r 30.01 of the Federal Court Rules 2011 (Cth) – where plaintiff is a member of the cohort of persons affected by the decisions in NZYQ v Minister for |
| Date: 9 Mar 2026 Judge: THAWLEY J |
11. Archer v Minister for Immigration and Citizenship [2026] FCAFC 20
| MIGRATION – whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time – where point has been decided in Minister for Immigration and Multicultural |
| Date: 9 Mar 2026 Judge: BROMWICH, THAWLEY AND KENNETT JJ |
12. SMBC Leasing and Finance, Inc. v Flexirent Capital Pty Ltd (Costs) [2026] FCA 182
| PRACTICE AND PROCEDURE – pre-judgment interest under s 51A(1)(a) of the Federal Court of Australia Act 1976 (Cth) – whether applicant is entitled to pre-judgment interest on amounts incurred in successfully seeking to mitigate loss – where |
| Date: 27 Feb 2026 Judge: THAWLEY J |
13. Chu v Lin, in the matter of Lin [2026] FCA 152
| BANKRUPTCY AND INSOLVENCY – application pursuant to s 90‑15 of the Insolvency Practice Schedule (Bankruptcy), Schedule 2 to the Bankruptcy Act 1966 (Cth) to replace the trustee of a bankrupt estate – where intended trustee was not appointed |
| Date: 24 Feb 2026 Judge: THAWLEY J |
14. SMBC Leasing and Finance, Inc. v Flexirent Capital Pty Ltd [2026] FCA 29
| CONTRACTS – breach of warranty – where Flexirent’s undisclosed agent (FEA, a Forum Entity directed by Mr Papas) purported to enter into transactions with a third party (Veolia) under which Veolia would pay monthly usage charges (Receivables) |
| Date: 30 Jan 2026 Judge: THAWLEY J |
15. Dunstan v Orr (Vexatious Proceedings Order) [2025] FCA 1653
| PRACTICE AND PROCEDURE – vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – where applicant has frequently instituted or conducted vexatious proceedings – order made under s 37AO(2)(b) with no |
| Date: 19 Dec 2025 Judge: THAWLEY J |
| COSTS – where unsuccessful applicant for judicial review seeks no order as to costs – public interest litigation – insufficient basis for departing from general principle that costs follow the event – held: applicant to pay the |
| Date: 18 Dec 2025 Judge: THAWLEY J |
17. AghaeiRad v Plus500AU Pty Ltd (Stay Application) [2025] FCA 1602
| REPRESENTATIVE PROCEEDINGS – where representative applicant alleges misleading or deceptive conduct, unconscionable conduct and breach of contract in respect of the marketing and provision of Contracts for Difference by Plus500AU Pty Ltd on the |
| Date: 16 Dec 2025 Judge: Thawley J |
18. Greensill Bank AG v Insurance Australia Limited (Privilege Dispute) [2025] FCA 1543
| PRACTICE AND PROCEDURE – legal professional privilege – where BCC Trade Credit Pty Ltd stores its policy data in a ‘live’ cloud-based database provided by Tinubu Square SA – whether privilege attaches to a copy of the database held by third |
| Date: 8 Dec 2025 Judge: THAWLEY J |
19. Mullaley Gas & Pipeline Accord (MGPA) Inc v Minister for Environment and Water [2025] FCA 1526
| ADMINISTRATIVE LAW – application for judicial review – where coal seam gas to be extracted and processed by the Narrabri Gas Project – where the gas produced is to be supplied to consumers – where proponent proposes to construct a lateral |
| Date: 4 Dec 2025 Judge: THAWLEY J |
20. Cheong v Federal Circuit and Family Court of Australia (Division 2) [2025] FCA 1505
| MIGRATION – application for judicial review of a decision to refuse to extend time under s 477(2) of the Migration Act 1948 (Cth) – whether Federal Circuit and Family Court of Australia made a jurisdictional error – held: application dismissed |
| Date: 1 Dec 2025 Judge: THAWLEY J |
21. Lou v Minister for Immigration and Citizenship [2025] FCA 1503
| MIGRATION – where Subclass 482 visa application refused because proposed sponsor was not an approved work sponsor – where Administrative Appeal Tribunal affirmed the refusal – where Judicial Registrar summarily dismissed application for |
| Date: 1 Dec 2025 Judge: THAWLEY J |
22. Shahedunnisa v Minister for Immigration and Citizenship [2025] FCA 1502
| MIGRATION – application under r 35.13 of the Federal Court Rules 2011 (Cth) for an extension of time for leave to appeal – where applicants sought to appeal from orders of the Federal Circuit and Family Court of Australia refusing to grant |
| Date: 1 Dec 2025 Judge: THAWLEY J |
| MIGRATION – appeal from orders of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where appellant sought a nomination application under s |
| Date: 1 Dec 2025 Judge: THAWLEY J |
24. Geocon Land Holdings No. 5 Pty Ltd v Commissioner of Taxation [2025] FCAFC 172
| TAXATION – A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) – whether development services consideration for acquisition of Crown Lease – where Crown Lease became leases of individual units at conclusion of development – |
| Date: 1 Dec 2025 Judge: THAWLEY, WHEELAHAN AND WHEATLEY JJ |
25. Ziegler v Commissioner of Taxation [2025] FCAFC 168
| TAXATION – whether credit to “Income Tax Account” kept by Commissioner and available via the ATO’s “Tax Agent Portal” an “assessable recoupment” under s 20-20(3) of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – whether |
| Date: 26 Nov 2025 Judge: BROMWICH, THAWLEY AND JACKMAN JJ |
26. Commonwealth Bank of Australia v Nasic, in the matter of Nasic [2025] FCA 1275
| BANKRUPTCY AND INSOLVENCY – where Registrar made sequestration orders against first and second respondents – where first and second respondents apply out of time for review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – |
| Date: 17 Oct 2025 Judge: THAWLEY J |
| PRIVATE INTERNATIONAL LAW – anti-anti-suit injunction – where there are eleven proceedings (the Greensill Proceedings) before this Court related to the purported issue of insurance policies and liability to pay amounts under those policies – |
| Date: 10 Oct 2025 Judge: THAWLEY J |
28. Praljak v Office of the Australian Information Commissioner [2025] FCAFC 126
| PRACTICE AND PROCEDURE – application for leave to appeal against orders refusing an extension of time within which to commence proceedings – where judgment is a determination of an application to extend time within which to institute proceedings |
| Date: 4 Sep 2025 Judge: Mortimer CJ, Colvin and Thawley JJ |
29. CSD17 v Minister for Immigration and Citizenship [2025] FCA 935
| 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 Authority misunderstood or failed to consider material aspects |
| Date: 11 Aug 2025 Judge: THAWLEY J |
30. Dunstan v Orr [2025] FCA 858
| PRACTICE AND PROCEDURE – where respondents applied for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) – where applicant seeks to set aside an earlier judgment |
| Date: 25 Jul 2025 Judge: THAWLEY J |
31. 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 |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
40. 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 |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
56. 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 |
57. 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 |
58. 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 |
60. 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 |
61. 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 |
62. 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 |
64. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
80. 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 |
81. 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 |
82. 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 |
83. 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 |
84. 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 |
85. 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 |
86. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Orders) [2023] FCA 500
| Date: 12 May 2023 Judge: THAWLEY J |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
