Browse Federal Court JudgmentsBy Judge - Wheatley J |
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(Wheatley
J)
: 61
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1. Tax Practitioners Board v Hinckfuss (No 2) [2026] FCA 529
| TAXATION — alleged contraventions of ss 50-5(1), 50 5(2) and 50-10(1) of the Tax Agent Services Act 2009 (Cth) — whether Respondent provided a tax agent service while not registered — whether Respondent provided a BAS service while not |
| Date: 30 Apr 2026 Judge: WHEATLEY J |
2. Brisbane Club v Commissioner of Taxation (No 2) [2026] FCA 521
| INCOME TAX — Capital Gains Tax — Cost base — Whether money paid should be included in the cost base of the relevant Building or Second Sublease— Where money paid pursuant to a particular clause of the Deed — Where parties to the Second |
| Date: 28 Apr 2026 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE — Security for costs — Whether previously ordered security had been exhausted — Whether security should be increased — Whether an undertaking can be accepted as security — Whether further security would stifle |
| Date: 28 Apr 2026 Judge: WHEATLEY J |
4. Commissioner of Taxation v Toowoomba Regional Council [2026] FCAFC 50
| TAXATION – Fringe Benefits Tax – meaning of commercial parking station at ss 39A and 136 of the Fringe Benefits Tax Assessment Act 1986 (Cth) – whether meaning is confined to facilities that are intended to or in fact operate profitably – |
| Date: 27 Apr 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
| MIGRATION — Whether the Federal Court has jurisdiction pursuant to s 39B of the Judiciary Act 1903 (Cth) or s 476A of the Migration Act 1958 (Cth) to review the cancellation under s 140(1) — Whether an automatic visa cancellation by operation of |
| Date: 16 Apr 2026 Judge: WHEATLEY J |
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. Leslie (Trustee) v White (Bankrupt), in the matter of White [2026] FCA 314
| PRACTICE AND PROCEDURE — Application for adjournment — Section 73 proposal to creditors — Whether the proposal is bona fide — Where proposal insufficient — Whether adjournment should be otherwise allowed — Adjournment application |
| Date: 24 Mar 2026 Judge: WHEATLEY J |
8. Gladstone Region Aboriginal &
| PRACTICE AND PROCEDURE — Application for default judgment by Respondent — Consideration of the requirements of r 5.23(1) of the Federal Court Rules 2011 (Cth) — Where discovery ordered —Where Applicants failed to give discovery — Relevant |
| Date: 24 Mar 2026 Judge: WHEATLEY J |
9. Brisbane Club v Commissioner of Taxation [2026] FCA 220
| INCOME TAX — Capital Gains Tax — Disposal of asset under contract — Whether parties entered a Deed (contract) for the construction of a building prior to the relevant date (20 September 1985) — Whether any capital gain should be disregarded |
| Date: 6 Mar 2026 Judge: WHEATLEY J |
10. O’Kearney (Trustee) v Capell (Bankrupt), in the matter of Capell (Bankrupt) [2026] FCA 175
| PRACTICE AND PROCEDURE — Substituted service — Application for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) — Failed attempts to effect personal service — Consideration of relevant principles as to whether |
| Date: 27 Feb 2026 Judge: WHEATLEY J |
11. Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10
| TAXATION – appeal – objection to amended assessments disallowing deductions and imposing administrative penalties – deductions claimed to be service fees paid under contracts for use of related party trust assets – contract inferred from |
| Date: 17 Feb 2026 Judge: MCELWAINE, FEUTRILL AND WHEATLEY JJ |
12. Henschke v Australian Retirement Trust [2026] FCA 80
| ADMINISTRATIVE LAW — Application for an extension of time to file an appeal against the determination of the Australian Financial Complaints Authority (AFCA) — Where the AFCA reviewed a decision of the Respondent which decided that the Applicant |
| Date: 12 Feb 2026 Judge: WHEATLEY J |
13. Finnegan v Kemner [2026] FCA 83
| PRACTICE AND PROCEDURE – Objection to competency – Where the Applicant seeks leave to appeal the primary judge’s orders as to the adoption of a referee report and costs – Where the Respondent objected to the competency of the Applicant’s |
| Date: 12 Feb 2026 Judge: WHEATLEY J |
14. Tax Practitioners Board v Ke [2026] FCA 221
| PRACTICE AND PROCEDURE – Application for interlocutory injunction to restrain Respondent from providing tax agent services – Where Respondent not a registered tax agent – Whether injunction in the public interest – Injunction granted |
| Date: 3 Feb 2026 Judge: WHEATLEY J |
15. Mollaian v Girdhani (Trustees), in the matter of Bankrupt Estate of Mollaian [2026] FCA 179
| BANKRUPTCY AND INSOLVENCY – Annulment by the Court – Where bankrupt provided evidence of solvency at the time the sequestration order was made – Whether sequestration order ought not to have been made – Whether the discretion to annul ought |
| Date: 29 Jan 2026 Judge: WHEATLEY J |
16. Reiche v Neometals Ltd (No 4) [2026] FCA 144
| PRACTICE AND PROCEDURE — Application for stay of costs orders and timetabling orders —Whether a real risk of prejudice to the Applicant— Whether potential prejudice to the Respondent a relevant consideration — Whether Applicant’s status of |
| Date: 28 Jan 2026 Judge: WHEATLEY J |
17. Elks, in the matter of Moreton Resources Limited (Receivers Appointed) [2025] FCA 1670
| CORPORATIONS — Examination under s 596A and s 596B of the Corporations Act 2001 (Cth) — Application to set aside examination summonses and orders for production — Whether examination summonses were obtained by the Plaintiff’s material |
| Date: 22 Dec 2025 Judge: WHEATLEY J |
18. Hartnett v Inspector-General in Bankruptcy [2025] FCAFC 190
| BANKRUPTCY AND INSOLVENCY — Appeal from successful application pursuant to s 222(1) of the Bankruptcy Act 1966 (Cth) to set aside personal insolvency agreement of the Appellant entered under Part X — where primary judge set aside the personal |
| Date: 17 Dec 2025 Judge: HALLEY, MEAGHER and WHEATLEY JJ |
| CORPORATIONS — Application to appoint special purpose liquidators — Where further investigations are required — Where creditor willing to fund special purpose liquidator but not existing liquidator — Whether appropriate to made order |
| Date: 17 Dec 2025 Judge: WHEATLEY J |
20. Wingstar Holdings Pty Ltd v Point Capital Group Pty Ltd [2025] FCA 1553
| PRACTICE AND PROCEDURE — Application to refuse leave for Respondents to inspect documents produced pursuant to subpoenas — Where Respondents seek to inspect all documents produced — Where documents produced were directed to the Respondents’ |
| Date: 9 Dec 2025 Judge: WHEATLEY J |
21. 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 |
| PRACTICE AND PROCEDURE — Application by Applicant to engage another separate expert and consequential adjournment of trial — Where joint expert previously engaged by parties — Where Applicant alleges error as to methodology of joint expert |
| Date: 25 Nov 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE — Costs — Where Applicant brought successful application for direct access to documents already the subject of Court Orders (Document Application) — Where First, Second, Fourth and Fifth Respondents (Respondents) |
| Date: 31 Oct 2025 Judge: WHEATLEY J |
24. Manebona v Assistant Minister for Citizenship and Multicultural Affairs [2025] FCA 1342
| MIGRATION — Application for judicial review of a decision of the Assistant Minister personally under s 501BA(2) of the Migration Act 1958 (Cth) — Nature of the power and the discretion — Whether decision of the Assistant Minister affected by |
| Date: 31 Oct 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE – Sixth Respondent’s application for better and further particulars of the Applicant’s amended concise statement – Where particulars sought after Sixth Respondent’s evidence has been filed – Where the particulars |
| Date: 24 Oct 2025 Judge: WHEATLEY J |
26. Jama v Minister of Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 149
| MIGRATION – appeal from decision to dismiss application for judicial review of decision of the respondent (“Minister”) to cancel the appellant’s visa – where Minister had made public statements about his approach to s 501BA of the |
| Date: 24 Oct 2025 Judge: RANGIAH, SNADEN AND WHEATLEY JJ |
27. Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142
| PRACTICE AND PROCEDURE – whether primary judge erred in refusing to permanently stay proceeding as an abuse of process of the Court – whether leave to appeal should be granted – where proceeding overlaps in part with proceeding determined by |
| Date: 17 Oct 2025 Judge: BANKS-SMITH, KENNETT AND WHEATLEY JJ |
| PRACTICE AND PROCEDURE — Substituted service — Where the Plaintiff claims that the Defendant contravened s 588G(2) of the Corporations Act 2001 (Cth) and seeks compensation — Application for substituted service under r 10.24 of the Federal |
| Date: 26 Sep 2025 Judge: WHEATLEY J |
29. Deputy Commissioner of Taxation v Peever (No 3) [2025] FCA 1187
| PRACTICE AND PROCEDURE — Applications for variation of freezing orders — Whether to increase exception to freezing orders to allow further payment of legal expenses — Whether variation is over assets over which proprietary claims have been |
| Date: 26 Sep 2025 Judge: WHEATLEY J |
30. Davidson v Minister for Immigration and Multicultural Affairs [2025] FCA 1216
| MIGRATION — Decision of the Minister to exercise discretion to cancel the Applicant’s visa under s 501BA(2) of the Migration Act 1958 (Cth) — Nature of discretion — Whether decision of the Minister affected by jurisdictional error — |
| Date: 25 Sep 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE — Application for direct access to documents already the subject of Court Orders for provision — Where First, Second, Fourth and Fifth Respondents failed to comply with previous Orders – Ongoing non-compliance – Where |
| Date: 17 Sep 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE – whether leave to appeal required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether judgment or order appealed from is final or interlocutory – where directions provided to liquidators by |
| Date: 11 Sep 2025 Judge: MARKOVIC, HALLEY AND WHEATLEY JJ |
33. Scenic Rim Regional Council v Cutbush (No 3) [2025] FCA 1103
| BANKRUPTCY AND INSOLVENCY — Bankruptcy notice – Determination of a separate question regarding validity of bankruptcy notice — Where notice contained address of creditor’s solicitors, by way of a post office box — Whether notice invalid by |
| Date: 8 Sep 2025 Judge: WHEATLEY J |
34. Monks v Pieman Resources Pty Ltd [2025] FCAFC 121
| PRACTICE AND PROCEDURE – Application for leave to appeal default judgment entered pursuant to r 5.23 of Federal Court Rules 2011 (Cth) – where substantial noncompliance with request for particulars and notice to produce – where conduct deemed |
| Date: 3 Sep 2025 Judge: HALLEY, MEAGHER AND WHEATLEY JJ |
35. JML Rose Pty Ltd v Jorgensen (No 3) [2025] FCA 976
| BANKRUPTCY AND INSOLVENCY – Annulment – Whether Court satisfied that sequestration order ought not to have been made – Where default judgment that founded the bankruptcy notice and the sequestration order set aside – Where debt to |
| Date: 19 Aug 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE – Costs – Where most of the Respondents’ amended concise statement was struck out as an abuse of process – Successful party’s application for indemnity costs – Whether indemnity costs appropriate – Indemnity |
| Date: 15 Aug 2025 Judge: WHEATLEY J |
37. Rusanov v Commissioner of Taxation (No 2) [2025] FCAFC 116
| PRACTICE AND PROCEDURE – where applicant applies for adjournment of substantive hearing – where adjournment was previously granted relying on medical evidence of stress – where new medical certificate outlines no new condition – where |
| Date: 7 Aug 2025 Judge: LOGAN, FEUTRILL AND WHEATLEY JJ |
38. Rusanov v Commissioner of Taxation (No 3) [2025] FCAFC 117
| PRACTICE AND PROCEDURE – appeal against dismissal of appeal from decision of the Administration Appeals Tribunal affirming an objection decision of the Commissioner of Taxation – where no substantive submissions filed by the appellant in |
| Date: 7 Aug 2025 Judge: LOGAN, FEUTRILL AND WHEATLEY JJ |
39. Holland, in the matter of BCNCulinary Arts Pty Ltd (in liq) (No 2) [2025] FCA 932
| CORPORATIONS — Receivership — Retirement of Court-appointed joint and several receivers and managers — Exercise of discretion conferred by r 14.3 of the Federal Court Rules 2011 (Cth) — Principles on which Court acts — Orders made. |
| Date: 29 Jul 2025 Judge: WHEATLEY J |
40. Kluck v Carpendale Agri Pty Ltd [2025] FCA 705
| INDUSTRIAL LAW — Termination of employment purportedly on grounds of the Applicant’s poor performance — Application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3–1 of the Fair Work Act 2009 (Cth) |
| Date: 27 Jun 2025 Judge: WHEATLEY J |
41. Serco Citizen Services Pty Limited v Parsons [2025] FCAFC 83
| INDUSTRIAL LAW – unlawful termination – where the primary judge found that the Appellant contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action again against the Respondent because he exercised a workplace right by making |
| Date: 24 Jun 2025 Judge: COLLIER ACJ, NEEDHAM AND WHEATLEY JJ |
42. Tax Practitioners Board v Hinckfuss [2025] FCA 823
| PRACTICE AND PROCEDURE — Substituted service — Service out of the jurisdiction — Where the Applicant claims that the Respondent is contravening the Tax Agent Services Act 2009 (Cth) and seeks injunctive relief — Where the Respondent appears |
| Date: 20 Jun 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE — application for further security for costs — where order for security for costs had already been made — where the Applicant does not have the means to pay an order for costs — where the bringing of the application |
| Date: 19 Jun 2025 Judge: WHEATLEY J |
| PRACTICE AND PROCEDURE – strike out application of parts of an amended concise statement in response – whether r 16.21 applies to a concise statement – consideration of the nature and function of concise statements – consideration of the |
| Date: 19 Jun 2025 Judge: WHEATLEY J |
45. Elks, in the matter of Moreton Resources Limited (Receivers Appointed) [2025] FCA 1695
| PRACTICE AND PROCEDURE — Application for leave to issue subpoena to produce documents to the Queensland Legal Practitioners Admissions Board — Where documents sought were all official letters and/or recommendations from the Board to the |
| Date: 12 Jun 2025 Judge: WHEATLEY J |
46. Scenic Rim Regional Council v Cutbush [2025] FCA 493
| BANKRUPTCY AND INSOLVENCY — Application under s 52(5) of the Bankruptcy Act 1966 (Cth) to extend the period at the expiration of which the creditor’s petition will lapse — Intervention of the Official Receiver as amicus curie — procedural |
| Date: 15 May 2025 Judge: WHEATLEY J |
| BANKRUPTCY AND INSOLVENCY — Application by administrators for directions under s 90-15 of Div 90 of Sch 2 (Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth) — Whether appropriate to give direction — |
| Date: 12 May 2025 Judge: WHEATLEY J |
48. Kanik, in the matter of ThinkRed Recruitment Central Pty Ltd v Swan Elope Pty Ltd [2025] FCA 462
| CORPORATIONS – Winding up – Just and equitable grounds – Two-shareholder company – Deadlock between shareholders – Orders made winding up |
| Date: 9 May 2025 Judge: WHEATLEY J |
49. Deputy Commissioner of Taxation v Peever [2025] FCA 460
| PRACTICE AND PROCEDURE — Principle of open justice – Suppression or non-publication order – Where a non-party request was made by the media under r 2.32 of the Federal Court Rules 2011 (Cth) – Access was sought to submissions — Whether |
| Date: 9 May 2025 Judge: WHEATLEY J |
50. Charles Apartments Pty Limited v Commissioner of Taxation [2025] FCA 461
| TAXATION — Statutory construction - Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – Appeal from Administrative Appeals Tribunal on a question of law, varying an objection decision in part – Whether the Tribunal correctly construed s 8-1 |
| Date: 9 May 2025 Judge: WHEATLEY J |
| CORPORATIONS LAW — Application for an interlocutory injunction to restrain the holding of an extraordinary general meeting of members of a company — Whether the Applicants can establish a prima facie case — Consideration of what is in the best |
| Date: 6 May 2025 Judge: WHEATLEY J |
52. MedAdvisor Limited, in the matter of MedAdvisor Limited [2025] FCA 491
| CORPORATIONS — Share issues in ASX listed company — Failure to give notice under s 708A(5)(e) of the Corporations Act 2001 (Cth) — Requirement to make disclosure concerning share issues under s 706 in absence of cleansing notice — Effect on |
| Date: 2 May 2025 Judge: WHEATLEY J |
53. Vasudevn, in the matter of Harbour Guidance Pty Ltd (Administrators Appointed) [2025] FCA 486
| CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the First Plaintiffs (administrators) must convene the second meeting of the creditors of the administered company under s 439A(1) — |
| Date: 1 May 2025 Judge: WHEATLEY J |
54. Johnston (Administrator), in the matter of Machos Pty Ltd (Administrator Appointed) [2025] FCA 485
| CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the Plaintiff (the administrator) must convene the second meeting of the creditors of the administered companies under s 439A(1) — Orders |
| Date: 30 Apr 2025 Judge: WHEATLEY J |
55. Kaso (Administrator), in the matter of Cairnlea Pty Ltd (Administrators Appointed) [2025] FCA 483
| CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the First Plaintiffs (the administrators) must convene the second meeting of the creditors of the administered companies under s 439A(1) |
| Date: 24 Apr 2025 Judge: WHEATLEY J |
56. Blakeley (Liquidator), in the matter of Global Capital Property Fund Ltd [2025] FCA 484
| BANKRUPTCY AND INSOLVENCY — Liquidators — Application for directions under s 477 of the Corporations Act 2001 (Cth) — Principles and practices applicable — Whether Court should retrospectively declare past conduct of liquidators to have been |
| Date: 23 Apr 2025 Judge: WHEATLEY J |
57. AMO25 v Administrative Review Tribunal (No 2) [2025] FCA 376
| PRACTICE AND PROCEDURE – Costs – Self-represented litigants – Where appeal allowed – Where Applicant sought indemnity costs only against Third Respondent – Whether Applicant entitled to recover costs on an indemnity basis – Whether there |
| Date: 16 Apr 2025 Judge: WHEATLEY J |
58. Brindle v Centrelink [2025] FCA 374
| PRACTICE AND PROCEDURE – Whether the Applicant’s originating application discloses a reasonable cause of action – Where the Applicant failed to provide details of service of the Respondent – Where the Applicant failed to comply with |
| Date: 28 Mar 2025 Judge: WHEATLEY J |
59. Mbuzi v Curnow (Registrar) [2025] FCA 213
| ADMINISTRATIVE LAW — Application for judicial review of a Registrar’s decision under r 2.26 and r 2.27(b) of the Federal Court Rules 2011 (Cth) to refuse to accept documents for filing — Where the Registrar decided that the Applicant’s |
| Date: 18 Mar 2025 Judge: WHEATLEY J |
60. AMO25 v Administrative Review Tribunal [2025] FCA 365
| ADMINISTRATIVE LAW – Appeal from Administrative Review Tribunal (Tribunal) under s 172 of Administrative Review Tribunal Act 2024 (Cth) in relation to assessment of child support under Child Support (Assessment) Act 1989 (Cth) – whether |
| Date: 12 Mar 2025 Judge: WHEATLEY J |
61. Rusanov v Commissioner of Taxation [2025] FCAFC 11
| Date: 12 Feb 2025 Judge: LOGAN, PERRY AND WHEATLEY JJ |
