Browse Federal Court JudgmentsBy Judge - Vandongen J |
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(Vandongen
J)
: 57
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1. Forrest v Commonwealth Director of Public Prosecutions [2026] FCAFC 69
| CRIMINAL LAW – whether a sentencing judge must state the specific discount given for the utilitarian value of a guilty plea in sentencing for a federal offence – whether general deterrence may be a primary consideration for sentencing insider |
| Date: 22 May 2026 Judge: LEE, ABRAHAM AND VANDONGEN JJ |
2. BBD23 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 630
| MIGRATION - whether primary judge erred in finding Administrative Appeals Tribunal did not have jurisdiction to conduct second review of Minister's decision when first review not affected by jurisdictional error - appeal dismissed |
| Date: 21 May 2026 Judge: VANDONGEN J |
3. CSRP Pty Ltd v Australian Workers' Union [2026] FCA 644
| PRACTICE AND PROCEDURE - application for substituted service - application for expedited hearing of separate question - application dismissed in part |
| Date: 18 May 2026 Judge: VANDONGEN J |
| CORPORATIONS - application under s 439A(6) of Corporations Act 2001 (Cth) to extend convening period in s 439(5) - orders granted |
| Date: 8 May 2026 Judge: VANDONGEN J |
| CORPORATIONS - application pursuant to ss 447C or 447A of Corporations Act 2001 (Cth) - whether administrator validly appointed - whether director held opinion that company was insolvent or was likely to become insolvent - order made declaring |
| Date: 8 May 2026 Judge: VANDONGEN J |
6. SCL AUS Limited v Kirkalocka Gold SPV Pty Ltd [2026] FCAFC 60
| CORPORATIONS – deed of company arrangement – whether binding on appellant for the purposes of s 444D of the Corporations Act 2001 (Cth) – where right to receive payment of future royalties – where absolute discretion as to whether or not to |
| Date: 8 May 2026 Judge: COLVIN, NESKOVCIN AND VANDONGEN JJ |
7. Williams v State of Western Australia (WA Police Force) [2026] FCA 569
| PRACTICE AND PROCEDURE - application to strike out statement of claim - whether the Court has jurisdiction with respect to certain claims made - whether the statement of claim discloses a reasonable cause of action - whether statement of claim |
| Date: 8 May 2026 Judge: VANDONGEN J |
8. Pihama v Minister for Immigration and Multicultural Affairs [2026] FCA 538
| MIGRATION - judicial review of decision by Minister to set aside decision of the Administrative Appeals Tribunal and cancel applicant's visa pursuant to s 501BA(2) of Migration Act 1958 (Cth) - whether Minister exercised power in a manner that was |
| Date: 1 May 2026 Judge: VANDONGEN J |
9. Toro Energy Limited, in the matter of Toro Energy Limited [2026] FCA 643
| CORPORATIONS - scheme of arrangement - first court hearing for scheme - application for orders under ss 411 and 1319 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour |
| Date: 30 Apr 2026 Judge: VANDONGEN J |
| PRACTICE AND PROCEDURE - application for substituted service pursuant to r 10.24 of Federal Court Rules 2011 (Cth) - whether personal service sensible or realistic - application granted |
| Date: 22 Apr 2026 Judge: VANDONGEN J |
11. Nyangumarta Warrarn Aboriginal Corporation v Yamatji Marlpa Aboriginal Corporation [2026] FCA 480
| PRACTICE AND PROCEDURE - application for final injunction restraining calling of general meeting - whether general meeting called for proper purpose - whether general meeting to be held at a reasonable time and place - application dismissed |
| Date: 21 Apr 2026 Judge: VANDONGEN J |
12. DGC24 v Minister for Immigration and Multicultural Affairs [2026] FCA 406
| MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal to affirm decision to cancel appellant's visa - leave refused to rely on grounds not raised before primary judge - no error found - appeal |
| Date: 9 Apr 2026 Judge: VANDONGEN J |
13. JGW25 v Attorney-General (Cth) [2026] FCA 321
| ADMINISTRATIVE LAW - application for judicial review of decision to refuse to grant licence under s 19AP of Crimes Act 1914 (Cth) - whether delegate failed to constructively exercise jurisdiction - whether delegate's decision was legally |
| Date: 20 Mar 2026 Judge: VANDONGEN J |
14. Tan v Commonwealth of Australia (Department of Defence) [2026] FCA 265
| PRACTICE AND PROCEDURE - application for leave to issue subpoena - relevance of documents sought to the issues on appeal - whether proposed subpoena lacks legitimate forensic purpose - leave refused |
| Date: 13 Mar 2026 Judge: VANDONGEN J |
15. CDC23 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 204
| MIGRATION - application for dismissal under r 36.74 of the Federal Court Rules 2011 (Cth) - where appellant failed to communicate with Court - where appellant failed to appear at case management hearing - appeal dismissed |
| Date: 4 Mar 2026 Judge: VANDONGEN J |
16. International Vehicle Solutions Pty Ltd (Trustee) v RAC Insurance Pty Ltd [2026] FCA 121
| PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of information - without prejudice privilege asserted - whether orders necessary to prevent |
| Date: 18 Feb 2026 Judge: VANDONGEN J |
17. Low (Liquidator) v Hughes (No 2) [2026] FCA 71
| CORPORATIONS - trial of separate question - whether Court has power to grant relief sought under s 1324 of the Corporations Act 2001 (Cth) - question answered partly in the affirmative |
| Date: 10 Feb 2026 Judge: VANDONGEN J |
| CORPORATIONS - scheme of arrangement - second court hearing for scheme - application for orders under s 411 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour of making |
| Date: 3 Feb 2026 Judge: VANDONGEN J |
19. Roberts v Magistrate Gett [2026] FCAFC 3
| PRACTICE AND PROCEDURE - appeals - whether appeal moot CRIMINAL LAW - appeal against dismissal of application for judicial review of decision to order forensic procedure - whether substantive grounds of review before primary judge established - |
| Date: 23 Jan 2026 Judge: BROMWICH, ABRAHAM AND VANDONGEN JJ |
20. SCL AUS Limited v Kirkalocka Gold SPV Pty Ltd [2025] FCA 1678
| PRACTICE AND PROCEDURE - urgent interlocutory application for order temporarily staying primary order - whether appeal raises arguable grounds - balance of convenience - application granted |
| Date: 24 Dec 2025 Judge: VANDONGEN J |
21. Love v Structural Monitoring Systems PLC [2025] FCA 1665
| PRACTICE AND PROCEDURE - application for interlocutory injunction - allegation of victimisation and adverse action - whistleblower protections - whether there is a prima facie case - whether the balance of convenience favours the granting of an |
| Date: 22 Dec 2025 Judge: VANDONGEN J |
| CORPORATIONS - scheme of arrangement - first court hearing for scheme - application for orders under s 411 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour of making |
| Date: 19 Dec 2025 Judge: VANDONGEN J |
23. Ibardaloza v Minister for Immigration and Citizenship [2025] FCAFC 176
| MIGRATION – application for leave to appeal on a fresh ground – whether the primary judge erred in failing to find that the Minister for Immigration and Citizenship committed a jurisdictional error by acting on an incorrect understanding of what |
| Date: 8 Dec 2025 Judge: DERRINGTON, RAPER AND VANDONGEN JJ |
24. Moli v Minister for Immigration and Citizenship [2025] FCAFC 175
| MIGRATION – application for leave to appeal on a fresh ground – whether the primary judge erred in failing to find that the Assistant Minister for Immigration and Citizenship committed a jurisdictional error by acting on an incorrect |
| Date: 8 Dec 2025 Judge: DERRINGTON, RAPER AND VANDONGEN JJ |
25. JVU25 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2025] FCA 1696
| PRACTICE AND PROCEDURE - costs - whether appropriate to order that the legal representative personally bear costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) |
| Date: 2 Dec 2025 Judge: VANDONGEN J |
26. JVU25 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2026] FCA 145
| PRACTICE AND PROCEDURE - costs - whether appropriate to order that the legal representative personally bear costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) |
| Date: 2 Dec 2025 Judge: VANDONGEN J |
| PRACTICE AND PROCEDURE – Appeals – whether appeal lacked utility – common ground that transaction undertaken pursuant to leave granted by the primary judge under s 442C of the Corporations Act 2001 (Cth) could not be unwound – whether |
| Date: 26 Nov 2025 Judge: JACKSON, VANDONGEN AND OWENS JJ |
28. Aderemi v Tafe International [2025] FCA 1443
| HUMAN RIGHTS - application for leave to apply to the Federal Court pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) alleging act of victimisation and racial hatred contrary to s 18AA of the Racial Discrimination Act 1975 |
| Date: 20 Nov 2025 Judge: VANDONGEN J |
| COSTS – application by successful appellant for costs of the appeal to be paid on an indemnity basis pursuant to r 25.14(3) of the Federal Court Rules 2011 (Cth) (FCR) – whether r 25.14 of the FCR applies to offers made in appeals – whether |
| Date: 10 Nov 2025 Judge: O'CALLAGHAN, O'BRYAN AND VANDONGEN JJ |
30. Suleman v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1298
| MIGRATION - application for review of decision of Administrative Review Tribunal to affirm decision not to revoke visa cancellation - whether Tribunal failed to consider representations made pursuant to s 501CA(4)(a) of the Migration Act 1958 (Cth) - |
| Date: 23 Oct 2025 Judge: VANDONGEN J |
31. McCagh v Registrar of Landgate [2025] FCA 1537
| PRACTICE AND PROCEDURE - application for leave to file notice of discontinuance - whether conditions should be imposed upon grant of leave - application granted but without conditions |
| Date: 21 Oct 2025 Judge: VANDONGEN J |
32. Frigger (Trustee) v Bank of Queensland Limited (No 3) [2025] FCA 1228
| PRACTICE AND PROCEDURE - interlocutory application - application for leave to join party to proceedings - application for leave to amend claim for relief in originating application - application for leave to amend amended statement of claim - |
| Date: 14 Oct 2025 Judge: VANDONGEN J |
33. National Disability Insurance Agency v Lampard [2025] FCAFC 139
| ADMINISTRATIVE LAW – disability requirements under National Disability Insurance Scheme Act 2013 (Cth) (the Act) – whether Administrative Appeals Tribunal identified impairment attributable to respondent’s disability as required by s 24(1)(a) |
| Date: 10 Oct 2025 Judge: BROMWICH, NESKOVCIN AND VANDONGEN JJ |
34. VII v Purcell (Examiner) [2025] FCAFC 135
| CONSTITUTIONAL LAW – challenge to validity of s 7C(2) of the Australian Crime Commission Act 2002 (Cth) (the Act) – whether s 7C(2) confers upon the Board of the Australian Criminal Intelligence Commission a power that is inconsistent with |
| Date: 7 Oct 2025 Judge: BROMWICH, VANDONGEN AND BENNETT JJ |
35. Blackbird First Mortgage Corporation Pty Ltd v Jacobs [2025] FCAFC 136
| CORPORATIONS AND CORPORATE INSOLVENCY – deed of company arrangement executed under s 444B of the Corporations Act 2001 (Cth) – DOCA binding for claims of creditors under s 444D(1) – secured creditor made advancements before DOCA under loan |
| Date: 6 Oct 2025 Judge: FEUTRILL, VANDONGEN AND LONGBOTTOM JJ |
36. Berryman v Minister for Immigration, Citizenship, and Multicultural Affairs [2025] FCA 1210
| MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision to cancel applicant's visa - whether Tribunal misunderstood expert evidence - whether Tribunal failed to take into account mandatory relevant |
| Date: 2 Oct 2025 Judge: VANDONGEN J |
37. LAZ24 v Purcell (Examiner) [2025] FCAFC 132
| CONTEMPT OF COURT - refusal to answer questions in Australian Criminal Intelligence Commission examination constituting contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 9 months imprisonment |
| Date: 19 Sep 2025 Judge: BROMWICH, STEWART AND VANDONGEN JJ |
38. Lin v Chu [2025] FCAFC 130
| TRUSTS AND TRUSTEES – where respondents invested in secured income mortgage fund for purpose of obtaining a significant investor visa – where primary judge found that corporate trustee of fund committed breaches of trust by making three |
| Date: 12 Sep 2025 Judge: O’CALLAGHAN, O’BRYAN AND VANDONGEN JJ |
39. Lamson Concepts Pty Ltd v Oscuro (No 2) [2025] FCA 1100
| PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of commercially sensitive information - whether orders necessary to prevent prejudice to proper |
| Date: 8 Sep 2025 Judge: VANDONGEN J |
40. Emerald Resources (WA) Pty Ltd v Mullan [2025] FCA 1049
| PRACTICE AND PROCEDURE - application for injunction to restrain solicitors and counsel from acting for applicant - where first respondent is former client - whether real and sensible possibility of misuse of confidential information - whether breach |
| Date: 29 Aug 2025 Judge: VANDONGEN J |
41. Thompson v Lane (No 2) [2025] FCA 951
| PRACTICE AND PROCEDURE - application for extension of time within which to seek leave to appeal - whether proposed grounds of appeal have reasonable prospects of success - whether substantial injustice would result if leave refused - application |
| Date: 13 Aug 2025 Judge: VANDONGEN J |
42. Pilbara Minerals Limited, in the matter of Pilbara Minerals Limited [2025] FCA 890
| CORPORATIONS - application for relief of civil liability pursuant to s 1322(4)(c) of the Corporations Act 2001 (Cth) (Act) resulting from failures to comply with ASIC Corporations (Wholly-owned Companies) Instrument 2016/78 (Instrument) and for |
| Date: 1 Aug 2025 Judge: VANDONGEN J |
43. Low (Liquidator) v Hughes [2025] FCA 861
| CORPORATIONS - application for trial of separate question pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) - whether just and convenient for order to be made - application granted |
| Date: 28 Jul 2025 Judge: VANDONGEN J |
44. Cowgill v Minister for Immigration and Multicultural Affairs [2025] FCA 704
| MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision not to revoke visa cancellation - whether Tribunal fell into jurisdictional error - whether Tribunal ignored misunderstood or misapplied paragraphs |
| Date: 27 Jun 2025 Judge: VANDONGEN J |
45. Mizen v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 84
| MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal - whether primary judge erred by failing to find Tribunal misunderstood or misapplied a mandatory relevant consideration under Ministerial |
| Date: 26 Jun 2025 Judge: BANKS-SMITH, FEUTRILL AND VANDONGEN JJ |
46. Thompson v Ellis (No 2) [2025] FCA 649
| PRACTICE AND PROCEDURE - applications for extensions of time within which to seek leave to appeal against orders made in a review conducted under s 35A of the Federal Court of Australia Act 1976 (Cth) of two lump sum costs assessments made by a |
| Date: 19 Jun 2025 Judge: VANDONGEN J |
47. Leigh v National Disability Insurance Agency [2025] FCA 623
| PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) (FCA) - whether grounds in s 37AG of the FCA are established - application dismissed |
| Date: 13 Jun 2025 Judge: VANDONGEN J |
48. Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579
| PRACTICE AND PROCEDURE - application to set aside ex parte search orders - whether applicant made material non-disclosure when seeking orders - whether applicant breached duty of candour - application dismissed |
| Date: 4 Jun 2025 Judge: VANDONGEN J |
49. Frigger (Trustee) v Bank of Queensland Limited (No 2) [2025] FCA 526
| PRACTICE AND PROCEDURE - application for further adjournment of interlocutory application pending the hearing and determination of different proceedings - whether determination of different proceedings could affect the Court's determination of |
| Date: 22 May 2025 Judge: VANDONGEN J |
50. Lamson Concepts Pty Ltd v Schmidt [2025] FCA 677
| PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief - enforceability of restraint of trade provisions contained in unsigned employment contract - whether acceptance implied - whether prima facie case established - whether |
| Date: 21 May 2025 Judge: VANDONGEN J |
51. Romano v Comcare [2025] FCA 446
| ADMINISTRATIVE LAW - employment and industrial relations - appeal from decision of Administrative Review Tribunal affirming respondent's denial of present liability for medical expenses and incapacity payments in respect of injury sustained by |
| Date: 5 May 2025 Judge: VANDONGEN J |
52. Frigger (Trustee) v Bank of Queensland Limited [2025] FCA 447
| PRACTICE AND PROCEDURE - application for recusal - claim of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question to be decided - |
| Date: 5 May 2025 Judge: VANDONGEN J |
53. Cacciola v Serco Australia Pty Ltd [2025] FCA 361
| EMPLOYMENT AND INDUSTRIAL RELATIONS - appeal from decision of Industrial Magistrates Court of Western Australia - alleged contraventions of enterprise agreement by underpayment - alleged contraventions of s 50 and s 323(1) of the Fair Work Act 2009 |
| Date: 14 Apr 2025 Judge: VANDONGEN J |
54. Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2025] FCAFC 41
| ADMINISTRATIVE LAW – procedural fairness – primary judge ordered matter to be determined without an oral hearing pursuant to s 20A of the Federal Court of Australia Act 1976 (Cth) – where no issues of fact to be determined – where issue |
| Date: 2 Apr 2025 Judge: SARAH C DERRINGTON, NESKOVCIN AND VANDONGEN JJ |
55. Abley v Comcare [2025] FCA 194
| ADMINISTRATIVE LAW - appeal from decision of a member of the Administrative Appeals Tribunal - where Tribunal affirmed decision to deny liability to pay compensation to applicant pursuant to s 14 of the Safety, Rehabilitation and Compensation Act |
| Date: 13 Mar 2025 Judge: VANDONGEN J |
56. Suhren v Cooper (Trustee) [2025] FCA 251
| BANKRUPTCY - application by bankrupt for court to exercise discretion to compel trustee respondent to provide written consent to bankrupt leaving Australia pursuant to s 272(1)(c) of the Bankruptcy Act 1966 (Cth) - whether applicant failed to |
| Date: 10 Mar 2025 Judge: VANDONGEN J |
57. Lusty (Examiner) v ITT24 [2025] FCA 141
| CONTEMPT OF COURT - refusal to take oath or affirmation when required to do so under s 28 of the Australian Crime Commission Act 2002 (Cth) contrary to s 34A(a)(i) of the Act - refusal to answer questions in examination contrary to s 34A(a)(ii) of |
| Date: 5 Mar 2025 Judge: VANDONGEN J |
