Browse Federal Court JudgmentsBy Judge - Wheatley J |
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(Wheatley
J)
: 24
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1. 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 |
3. 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 |
4. 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 |
5. 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 |
6. 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 |
9. 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 |
11. 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 |
12. 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 |
13. 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 |
15. 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 |
16. 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 |
17. 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 |
18. 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 |
19. 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 |
20. 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 |
21. 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 |
22. 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 |
23. 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 |
24. Rusanov v Commissioner of Taxation [2025] FCAFC 11
| Date: 12 Feb 2025 Judge: LOGAN, PERRY AND WHEATLEY JJ |
