Browse Federal Court JudgmentsBy Judge - Wheelahan J |
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(Wheelahan
J)
: 246
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1. Morton v Commissioner of Taxation [2025] FCA 336
| TAXATION – appeal under Part IVC of the Taxation Administration Act 1953 (Cth) against objection decision – where amended assessments of taxation brought proceeds from the sales of lots on a residential development into account as assessable |
| Date: 11 Apr 2025 Judge: WHEELAHAN J |
2. United Petroleum Pty Ltd v Bomma [2025] FCA 283
| PRACTICE AND PROCEDURE – non-standard discovery – timing – no disposition that discovery should follow evidence – timing depends on the circumstances of the individual case – overarching purpose in s 37M of the Federal Court of Australia |
| Date: 31 Mar 2025 Judge: WHEELAHAN J |
3. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (Costs) [2025] FCAFC 29
| COSTS – where appeal dismissed and cross-appeal allowed, what orders should be made for costs of trial and appeal – whether costs of trial should be apportioned to take account of aspects of cross-claim on which respondent failed – where |
| Date: 21 Mar 2025 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
4. Jolly v Sharma [2025] FCAFC 20
| INDUSTRIAL LAW — appeal – where the primary judge dismissed application for declaratory relief – whether rules of an industrial association impose conditions, obligations or restrictions that are oppressive, unreasonable or unjust – no |
| Date: 4 Mar 2025 Judge: RANGIAH, WHEELAHAN AND RAPER JJ |
5. United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 16
| ADMINISTRATIVE LAW -- where, on 4 October 2023, the Fair Work Commission made an intractable bargaining declaration under s 235 of the Fair Work Act 2009 (Cth) (FW Act) in relation to enterprise bargaining between the United Firefighters' Union of |
| Date: 25 Feb 2025 Judge: WHEELAHAN, RAPER AND DOWLING JJ |
6. Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd (Costs) [2025] FCA 38
| COSTS -- where the applicants brought a claim of trade mark infringement against the respondent - where the respondent brought a cross-claim seeking the cancellation of the first applicant's registered trade mark - where both the applicants' claim |
| Date: 31 Jan 2025 Judge: WHEELAHAN J |
7. Commissioner of Taxation v Liang [2025] FCAFC 4
| TAXATION - appeal from single judge decision quashing decision of the Administrative Appeals Tribunal to affirm objection decision made by Commissioner - where amount of unexplained deposits received by a trust assessed as ordinary income - where |
| Date: 31 Jan 2025 Judge: PERRAM, WHEELAHAN and HESPE JJ |
8. Weber v Thomas Foods International (Stawell) Pty Ltd (Interim Reinstatement) [2024] FCA 1506
| INDUSTRIAL LAW -- jurisdiction of the Federal Court - where the applicant was dismissed from his employment as a truck driver by the first respondent (Thomas Foods) on the ground of alleged serious misconduct - where the applicant commenced a |
| Date: 20 Dec 2024 Judge: WHEELAHAN J |
9. Sydney Trains v Australian Rail, Tram and Bus Industry Union (Separate Question) [2024] FCA 1479
| INDUSTRIAL LAW -- protected industrial action - employee claim action - separate trial of a claim made by the applicants (the Rail Agencies) for a declaration that particular industrial action to be engaged in by their employees was not protected |
| Date: 19 Dec 2024 Judge: WHEELAHAN J |
10. Sydney Trains v Australian Rail, Tram and Bus Industry Union (Leave to Intervene) [2024] FCA 1466
| PRACTICE AND PROCEDURE -- application pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) for leave to intervene in a proceeding - where the Assistant Secretary of the Australian Council of Trade Unions sought leave to intervene to make |
| Date: 16 Dec 2024 Judge: WHEELAHAN J |
11. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
| TRADE MARKS -- s 62(b) of the Trade Marks Act 1995 (Cth) - where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the |
| Date: 6 Dec 2024 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
12. Kingsbury v Melbourne City Mission [2024] FCA 1390
| HUMAN RIGHTS -- application for leave to commence proceeding otherwise precluded by operation of s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) - where the applicant had lodged a complaint with the Australian Human |
| Date: 3 Dec 2024 Judge: WHEELAHAN J |
13. Singh v Australian Information Commissioner [2024] FCA 1380
| ADMINISTRATIVE LAW -- application for judicial review of a decision of a delegate of the Australian Information Commissioner - where the applicant had been held by the Department of Home Affairs in immigration detention - where the applicant |
| Date: 3 Dec 2024 Judge: WHEELAHAN J |
14. 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 |
15. Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd [2024] FCA 1277
| TRADE MARKS -- shape marks - where the first applicant is the registered owner of a trade mark constituted by the shape of a cylindrical container with a stopper in Class 30 over coffee and instant coffee (the KDE shape mark) - where the respondent |
| Date: 7 Nov 2024 Judge: WHEELAHAN J |
| HIGH COURT AND FEDERAL COURT - abuse of process - where the applicant lodged documents in the Federal Court of Australia (the Rejected Documents) seeking judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B |
| Date: 30 Oct 2024 Judge: WHEELAHAN J |
17. Luck v National Duty Registrar of the Federal Court of Australia (Permanent Stay) [2024] FCA 1257
| HIGH COURT AND FEDERAL COURT -- abuse of process - where the applicant lodged documents (the Rejected Documents) for filing in the Federal Court of Australia seeking judicial review relating to a decision of a Justice of the High Court of Australia |
| Date: 29 Oct 2024 Judge: WHEELAHAN J |
18. Gunawardena v Boeing Aerostructures Australia Pty Ltd (Strike-out Application) [2024] FCA 1206
| PRACTICE AND PROCEDURE -- application to strike out the statement of claim - where the applicant is self-represented - the purposes of pleadings include to give fair notice of the case to be advanced at trial - where the statement of claim is long, |
| Date: 18 Oct 2024 Judge: WHEELAHAN J |
19. Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132
| INDUSTRIAL LAW -- application for judicial review of a decision of a Full Bench of the Fair Work Commission - whether the Commission erred in its construction of s 217 of the Fair Work Act 2009 (Cth) - where s 217(1)(a) authorises the Commission to |
| Date: 17 Oct 2024 Judge: RANGIAH, WHEELAHAN and SNADEN JJ |
20. X Corp v eSafety Commissioner [2024] FCA 1159
| PRIVATE INTERNATIONAL LAW -- Online Safety Act 2021 (Cth) ss 56(2), 57 - where the eSafety Commissioner issued a notice to Twitter Inc under s 56(2) of the Online Safety Act on 22 February 2023 (the reporting notice), requiring a response by 29 |
| Date: 4 Oct 2024 Judge: WHEELAHAN J |
| PRACTICE AND PROCEDURE -- application for disqualification - application refused. |
| Date: 26 Sep 2024 Judge: WHEELAHAN J |
| ADMINISTRATIVE LAW - appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Administrative Appeals Tribunal determined that the applicant was not a public benevolent institution - where the parties |
| Date: 5 Sep 2024 Judge: WHEELAHAN, HESPE AND KENNETT JJ |
23. Younas v Commonwealth of Australia (Costs) [2024] FCA 1007
| COSTS -- where an unsuccessful applicant sought for the respondent's costs of two abortive hearing days to be excluded from the costs otherwise payable to the respondent - where the hearing days were adjourned because of difficulties in securing an |
| Date: 2 Sep 2024 Judge: WHEELAHAN J |
| PRACTICE AND PROCEDURE -- substituted service - where the Union and 268 individual respondents were named in the originating application - whether it is "not practicable" to effect personal service on the individual respondents for the purposes of r |
| Date: 6 Aug 2024 Judge: WHEELAHAN J |
25. Younas v Commonwealth of Australia (No 2) [2024] FCA 853
| MIGRATION -- citizenship - Australian Citizenship Act 1948 (Cth) s 10B(1) - where the applicant sought a declaration that he is an Australian citizen - where the applicant claimed that he obtained citizenship under s 10B(1) in 2007, on the basis |
| Date: 2 Aug 2024 Judge: WHEELAHAN J |
26. Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76
| PRACTICE AND PROCEDURE -- appeal against orders of the primary judge dismissing the appellant's application for an extension of the one-year limitation period within which to commence an action in defamation - s 56A of the Limitation Act 1969 (NSW), |
| Date: 31 Jul 2024 Judge: WIGNEY, WHEELAHAN AND FEUTRILL JJ |
27. Monash University v Murthi (Costs) [2024] FCA 783
| COSTS -- s 570 of the Fair Work Act 2009 (Cth) (the Act) - where the successful first respondent sought an order for costs - where s 570(1) of the Act applied - whether an exception under s 570(2)(b) or (c) was enlivened - the unsuccessful applicant |
| Date: 17 Jul 2024 Judge: WHEELAHAN J |
28. Monash University v Murthi [2024] FCA 663
| INDUSTRIAL LAW -- enterprise agreement - arbitral jurisdiction of the Fair Work Commission - where an academic member of staff was accused of plagiarism - where the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 |
| Date: 21 Jun 2024 Judge: WHEELAHAN J |
29. CRS20 v Secretary, Department of Home Affairs (Costs) [2024] FCA 656
| COSTS -- application for costs where the applicant was successful in a claim for habeas corpus - where the respondents submitted that each side should bear its own costs on the basis that the dispositive issue was raised after the close of evidence - |
| Date: 18 Jun 2024 Judge: WHEELAHAN J |
30. DDC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 646
| HIGH COURT AND FEDERAL COURT -- application under s 39B of the Judiciary Act 1903 (Cth) for judicial review of a decision of the Federal Circuit and Family Court of Australia (Div 2) (the Circuit Court) - where the Circuit Court dismissed the |
| Date: 14 Jun 2024 Judge: WHEELAHAN J |
31. CRS20 v Secretary, Department of Home Affairs [2024] FCA 619
| CONSTITUTIONAL LAW -- application for writ of habeas corpus - consideration of the constitutional and statutory limit on executive detention established in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 |
| Date: 12 Jun 2024 Judge: WHEELAHAN J |
32. Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68
| CITIZENSHIP - eligibility - citizenship by descent - where applicant for citizenship was born outside Australia - whether the Administrative Appeals Tribunal erred in construing and failing to apply ordinary meaning of the phrase "at the time of the |
| Date: 5 Jun 2024 Judge: WHEELAHAN, CHEESEMAN AND HESPE JJ |
33. Australian Nursing and Midwifery Federation v Monash Health [2024] FCA 534
| INDUSTRIAL LAW - enterprise agreement - long service leave - construction of the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024 - whether two registered nurses employed by the respondent as |
| Date: 24 May 2024 Judge: WHEELAHAN J |
34. TCXM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 451
| MIGRATION -- application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's visa - where the applicant's visa was mandatorily cancelled pursuant to s 501(3A) of the Migration |
| Date: 3 May 2024 Judge: WHEELAHAN J |
35. Younas v Commonwealth of Australia (Evidentiary Ruling) [2024] FCA 357
| EVIDENCE -- Evidence Act 1995 (Cth) ss 44, 69(2)-(3) - where counsel sought to conduct cross-examination by reference to a transcript of interview - where objection was taken to admissibility of the transcript on the basis of the hearsay rule - s |
| Date: 9 Apr 2024 Judge: WHEELAHAN J |
36. Haque v Secretary Department of Social Services (Centrelink) [2024] FCA 295
| ADMINISTRATIVE LAW -- social security - application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where the applicant was in receipt of jobseeker payments - where the applicant claimed that he had a |
| Date: 28 Mar 2024 Judge: WHEELAHAN J |
37. DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41
| MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) - where delegate of first respondent refused to grant appellants protection visas under s 65 of Migration Act 1958 (Cth) (Act) - |
| Date: 21 Mar 2024 Judge: BEACH, WHEELAHAN AND O'BRYAN JJ |
38. Tucker v McKee [2024] FCA 199
| PRACTICE AND PROCEDURE -- abuse of process - where the Limitation of Actions Act 1958 (Vic) prescribes a one-year limitation period for defamation actions - where the applicant commenced an action outside the one-year limitation period - where the |
| Date: 7 Mar 2024 Judge: WHEELAHAN J |
39. University of New England v Boerner [2024] FCA 191
| PRACTICE AND PROCEDURE -- service out of the jurisdiction - service in Denmark - substituted service - where the prospective applicant seeks preliminary discovery - where the prospective applicant sought to join a second prospective respondent |
| Date: 5 Mar 2024 Judge: WHEELAHAN J |
| MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia finding the decision of the delegate of the Minister to cancel the respondent's visa was affected by jurisdictional error and invalid - Whether Full Court of the |
| Date: 21 Feb 2024 Judge: BROMWICH, WHEELAHAN AND BUTTON JJ |
41. Von Risefer v Blue Cube Developments Pty Ltd [2024] FCAFC 12
| BANKRUPTCY -- sequestration order made by a Registrar and affirmed by primary judge - where no reason to go behind the judgment debt - sequestration order affirmed - no irregularities or breach of procedural requirements - adequate service of |
| Date: 16 Feb 2024 Judge: WHEELAHAN, Anderson and MCEVOY JJ |
42. 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 |
| MIGRATION -- application for judicial review of a decision of the Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of the applicant's visa - where the applicant's visa was mandatorily |
| Date: 16 Feb 2024 Judge: WHEELAHAN J |
44. Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68
| INTELLECTUAL PROPERTY -- trade marks - where the applicant was the registered owner of seven trade marks relating to steam cleaning equipment and apparatuses - where the applicant alleged that the respondents had infringed its trade marks - where |
| Date: 8 Feb 2024 Judge: WHEELAHAN J |
45. Sun Capital Pty Ltd v National Australia Bank Limited [2024] FCA 47
| PRACTICE AND PROCEDURE -- interlocutory application - where the respondent sought a suppression order under ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) over parts of the applicants' statement of claim and an affidavit in |
| Date: 2 Feb 2024 Judge: WHEELAHAN J |
| APPEAL AND NEW TRIAL - where the appellant sought to rely on grounds of review not put at first instance - where no error alleged in the reasons of the primary judge - where the practice of the Court is to require that leave be sought to raise new |
| Date: 1 Feb 2024 Judge: WIGNEY, WHEELAHAN AND HALLEY JJ |
47. Comcare v Friend [2024] FCAFC 4
| ADMINISTRATIVE LAW - appeal - jurisdiction - where the proceeding below was commenced by originating application for judicial review of two purported decisions under s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) - |
| Date: 1 Feb 2024 Judge: RANGIAH, WHEELAHAN AND GOODMAN JJ |
48. Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185
| PRACTICE AND PROCEDURE - appeals from interlocutory decision refusing to set aside subpoenas and part of notice to produce - whether the primary judge erred by expressing the issue of apparent relevance as being whether the documents "could possibly |
| Date: 30 Nov 2023 Judge: WHEELAHAN, ANDERSON AND JACKMAN JJ |
49. Madzikanda v Australian Information Commissioner [2023] FCA 1445
| ADMINISTRATIVE LAW -- application for judicial review of a decision of a delegate of the Australian Information Commissioner under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where the applicant complained to the Commissioner |
| Date: 24 Nov 2023 Judge: WHEELAHAN J |
50. AUR23 v Commonwealth of Australia (No 2) [2023] FCA 1440
| MIGRATION -- where previous general duty judge granted an interim injunction prior to the commencement of a proceeding, to restrain the deportation of the (now) applicant, which was to continue indefinitely subject to further order if an originating |
| Date: 21 Nov 2023 Judge: WHEELAHAN J |
51. Tucker v McKee [2023] FCA 1335
| PRACTICE AND PROCEDURE -- where Limitation of Actions Act 1958 (Vic) prescribes a one-year period from the date of publication within which a defamation action is to be brought - where the applicant sought to commence his defamation action outside |
| Date: 3 Nov 2023 Judge: WHEELAHAN J |
52. Kazal v Thunder Studios Inc (California) [2023] FCAFC 174
| PRACTICE AND PROCEDURE - appeal and new trial - apprehended bias - where some time prior to trial the primary judge found the second appellant guilty of contempt of court and sentenced him to a term of imprisonment - where before trial the |
| Date: 3 Nov 2023 Judge: WIGNEY, WHEELAHAN AND ABRAHAM JJ |
53. Care A2 Plus Pty Ltd v Gensco Laboratories, LLC (doing business as Gensco Pharma) [2023] FCA 1246
| PRIVATE INTERNATIONAL LAW -- Practice and Procedure -- application for leave to appeal - where proceeding on foot in the Court between, inter alia, parties to present application - where respondent to present proceeding subsequently commenced |
| Date: 18 Oct 2023 Judge: WHEELAHAN J |
54. Babet v Electoral Commissioner [2023] FCAFC 164
| CONSTITUTIONAL LAW -- referendum under s 128 of the Australian Constitution -- where proposed law for alteration of the Constitution approved by Commonwealth Parliament -- where referendum to be held regarding proposed law -- where, in accordance |
| Date: 9 Oct 2023 Judge: BESANKO, WHEELAHAN AND STEWART JJ |
55. O'Connor v Construction, Forestry, Mining, Maritime and Energy Union [2023] FCAFC 151
| INDUSTRIAL LAW - application for judicial review of a decision of the Full Bench of the Fair Work Commission dismissing applicant's application under s 94 of the Fair Work (Registered Organisations) Act 2009 (Cth) for secret ballot to be held to |
| Date: 8 Sep 2023 Judge: RANGIAH, WHEELAHAN AND RAPER JJ |
56. Widdup v Deputy Commissioner of Taxation [2023] FCAFC 145
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory order - moneys paid into court to discharge freezing orders - application that moneys be paid out of court - allegation of material non-disclosure upon ex parte application for |
| Date: 24 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE J |
57. MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 141
| MIGRATION - appeal - where mandatory cancellation of appellant's Class XB Subclass 202 Global Humanitarian visa on character grounds - where the Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister not to revoke the |
| Date: 22 Aug 2023 Judge: WHEELAHAN, JACKSON AND FEUTRILL JJ |
58. Singh v Minister for Immigration, Migrant Services and Multicultural Affairs [2023] FCA 978
| MIGRATION - appeal from orders of judge of the Federal Circuit Court of Australia (as then known) - where appellant not granted a student visa by delegate of Minister - where delegate's decision affirmed by Administrative Appeals Tribunal - where |
| Date: 17 Aug 2023 Judge: WHEELAHAN J |
59. Hanson v Burston [2023] FCAFC 124
| DEFAMATION - where comments were made during an oral interview broadcast on national television - where it was pleaded that the interview conveyed imputations that the respondent sexually abused a female staffer in his parliamentary office (fourth |
| Date: 16 Aug 2023 Judge: WIGNEY, WhEELAHAN AND ABRAHAM JJ |
60. Wardman v Macquarie Bank Limited (No 2) [2023] FCAFC 125
| PRACTICE AND PROCEDURE - appeal - parties compromised proceeding after delivery of judgment and before final orders made - whether appropriate to make orders setting aside all orders of primary judge and dismissing the proceedings - held such orders |
| Date: 11 Aug 2023 Judge: BROMBERG, WHEELAHAN, AND SNADEN JJ |
61. Automotive Invest Pty Limited v Commissioner of Taxation [2023] FCAFC 129
| TAXATION - luxury car tax - goods and services tax - appeal from decision of primary judge which held that cars were used and intended to be used for a purpose in addition to being held as trading stock - where cars exhibited in "Gosford Classic Car |
| Date: 11 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE JJ |
62. Myers v Alfred Hospital [2023] FCA 833
| HUMAN RIGHTS - alleged unlawful direct discrimination under ss 5, 23, and 24 of the Disability Discrimination Act 1992 (Cth) - requirement by law and by policy of a hospital to wear a face mask when visiting a public hospital unless exempt - |
| Date: 24 Jul 2023 Judge: WHEELAHAN J |
63. Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 781
| INDUSTRIAL LAW - civil penalty provision - contraventions of s 348 and subs 349(1) Fair Work Act 2009 (Cth) by a natural person - contraventions of s 348 and subs 349(1) of the Act by an industrial association by way of the operation of s 363(1)(b) |
| Date: 11 Jul 2023 Judge: WHEELAHAN J |
64. Beckett v Tax Practitioners Board [2023] FCAFC 100
| ADMINISTRATIVE LAW - appeal from primary judge decision dismissing an appeal from an Administrative Appeals Tribunal decision affirming a decision of the Tax Practitioners Board to terminate the appellant's tax agent registration- where Board found |
| Date: 28 Jun 2023 Judge: WHEELAHAN, MCELWAINE AND JACKMAN JJ |
65. Avant Group Pty Ltd v Kiddle [2023] FCA 685
| CONTRACTS - interlocutory application by the plaintiff seeking injunctive relief against the defendant, a former employee - where defendant had established her own business and admitted to soliciting the plaintiff's clients - where the defendant's |
| Date: 23 Jun 2023 Judge: WHEELAHAN J |
66. Singh v Minister for Immigration, Citizenship, Multicultural Affairs [2023] FCA 571
| MIGRATION - application for leave to appeal from a decision of the Federal Circuit Court of Australia (as it was then known) dismissing, at a show cause hearing, an application for judicial review of a decision of the Administrative Appeals Tribunal |
| Date: 2 Jun 2023 Judge: WHEELAHAN J |
67. BYP16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 531
| MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had sought review by the Tribunal of a decision of |
| Date: 26 May 2023 Judge: WHEELAHAN J |
68. Patrick v Australian Information Commissioner (No 2) [2023] FCA 530
| ADMINISTRATIVE LAW - the applicant sought orders under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) directing the Australian Information Commissioner to make decisions on reviews of requests for documents under the |
| Date: 26 May 2023 Judge: WHEELAHAN J |
69. DPC16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 490
| MIGRATION - appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had sought review of a decision |
| Date: 19 May 2023 Judge: WHEELAHAN J |
70. Tratter v Aware Super [2023] FCA 491
| SUPERANNUATION - application under s 1057 of the Corporations Act 2001 (Cth) to remit for further determination a decision of the Australian Financial Complaints Authority to affirm a decision of the trustee of a superannuation fund in relation to |
| Date: 19 May 2023 Judge: WHEELAHAN J |
71. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 424
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had sought review of a decision of |
| Date: 5 May 2023 Judge: WHEELAHAN J |
72. Minister for Immigration, Citizenship and Multicultural Affairs v FJT17 [2023] FCA 348
| MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) quashing a decision of the Administrative Appeals Tribunal and requiring the Tribunal to re-determine the matter according to law - where the |
| Date: 18 Apr 2023 Judge: WHEELAHAN J |
73. BUZ20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 349
| MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision of the Immigration Assessment Authority affirming a decision not to grant the appellant a |
| Date: 18 Apr 2023 Judge: WHEELAHAN J |
74. Koninklijke Douwe Egberts B.V. v Cantarella Bros Pty Ltd [2023] FCA 341
| PRACTICE AND PROCEDURE - case management - application pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) to transfer the venue of proceedings from Victorian District Registry to New South Wales District Registry - national character |
| Date: 14 Apr 2023 Judge: WHEELAHAN J |
75. Wijaya v Judicial Registrar of the Federal Court [2023] FCA 317
| PRACTICE AND PROCEDURE -- application for an extension of time pursuant to s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to commence proceedings -- where applicant sought review of a decision made by a Registrar under r |
| Date: 6 Apr 2023 Judge: WHEELAHAN J |
76. Galpin v Chief Executive Officer of the Australian Skills Quality Authority [2023] FCA 223
| ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal to affirm the respondent's decision to cancel the appellant's registration as a registered training organisation under the National Vocational Education and Training |
| Date: 17 Mar 2023 Judge: WHEELAHAN J |
77. Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 156
| INDUSTRIAL LAW - alleged contraventions of ss 348 and 349 of the Fair Work Act 2009 (Cth) by union and union representative at the site of the Melbourne Quarter project - applicant claimed that the representative told a caulking subcontractor during |
| Date: 3 Mar 2023 Judge: WHEELAHAN J |
| PRACTICE AND PROCEDURE -- interlocutory application for oral discovery by requiring witness to attend examination before a Judicial Registrar -- where statutory and contractual obligations of confidence would prevent witness from disclosing |
| Date: 22 Feb 2023 Judge: WHEELAHAN J |
79. Wardman v Macquarie Bank Limited [2023] FCAFC 13
| INDUSTRIAL LAW - appeals and cross-appeals from five related decisions of the Federal Circuit Court of Australia in proceedings brought by former employees of Macquarie Bank Ltd (Bank) - where employees were remunerated by commission and a fixed |
| Date: 17 Feb 2023 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
80. Bective Enterprises Pty Ltd v Pitcher Partners Advisors Pty Ltd [2023] FCA 99
| PRACTICE AND PROCEDURE -- application by the respondent to set aside interlocutory case management orders made by consent -- where interlocutory orders included an order that the dispute be referred to private mediation -- where separate proceeding |
| Date: 15 Feb 2023 Judge: WHEELAHAN J |
81. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 94
| MIGRATION -- appeal from decision of Federal Circuit and Family Court of Australia dismissing application for judicial review of a decision to affirm refusal to grant the appellant a temporary student visa -- where appellant failed to appear at the |
| Date: 14 Feb 2023 Judge: WHEELAHAN J |
82. DUU16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 85
| MIGRATION -- appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of a decision to affirm refusal to grant the applicant a protection visa --application for leave to raise as a ground of appeal a |
| Date: 14 Feb 2023 Judge: WHEELAHAN J |
83. CRG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1567
| MIGRATION -- appeal from decision of the Federal Circuit Court of Australia to dismiss application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa -- whether Authority failed to consider seriousness of threats |
| Date: 22 Dec 2022 Judge: WHEELAHAN J |
84. Patrick v Australian Information Commissioner [2022] FCA 1123
| PRACTICE AND PROCEDURE - application by the respondent to amend concise statement to raise new ground of objection - application by the respondent for an extension of time within which to file notice of objection to competency under r 31.05(1) of |
| Date: 19 Sep 2022 Judge: WHEELAHAN J |
85. A&S Powerseller Pty Ltd v Kovacic (No 2) [2022] FCA 1073
| BANKRUPTCY - where respondent initiated review of registrar's decision to make sequestration order against respondent's estate - where respondent had previously obtained an adjournment on medical grounds - where respondent did not appear at the |
| Date: 9 Sep 2022 Judge: WHEELAHAN J |
86. King Kong Corporation Pty Ltd v Moses [2022] FCA 1066
| INJUNCTIONS - application for urgent interlocutory relief by the former employer of the respondent - restraint clauses in employment agreement - alleged breach of contractual and general law obligations of confidence - application for early |
| Date: 8 Sep 2022 Judge: WHEELAHAN J |
87. Whiteman v Deputy Commissioner of Taxation (No 2) [2022] FCA 1037
| BANKRUPTCY - costs of appeal - where the appellant was unsuccessful in an appeal from a review of the making of a sequestration order - whether the costs of the appeal should be paid by the appellant personally, or out of the appellant's bankrupt |
| Date: 5 Sep 2022 Judge: WHEELAHAN J |
88. AFX17 v Minister for Home Affairs [2022] FCAFC 150
| MIGRATION -- appeal from decision of a judge of the Federal Court to dismiss an application for judicial review of a decision of the Minister under s 501A(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals |
| Date: 5 Sep 2022 Judge: SARAH C DERRINGTON, WHEELAHAN and GOODMAN JJ |
89. Whiteman v Deputy Commissioner of Taxation [2022] FCA 975
| BANKRUPTCY AND INSOLVENCY - appeal against the making of a sequestration order - s 52 of the Bankruptcy Act 1966 (Cth) - where appellant claimed that primary judge fixed hearing date for review of sequestration order before appellant could review |
| Date: 22 Aug 2022 Judge: WHEELAHAN J |
| MIGRATION - appeal from decision of the Federal Circuit Court to dismiss application for judicial review of a decision to refuse to grant a Protection (subclass 866) visa - whether Administrative Appeals Tribunal acted unreasonably in its |
| Date: 12 Aug 2022 Judge: WHEELAHAN J |
91. DIZ18 (by her litigation representative DJA18) v Minister for Home Affairs (No 2) [2022] FCA 898
| PRACTICE AND PROCEDURE - claim alleging breach by the respondents of non-delegable duties of care in relation to the welfare and medical treatment of the applicant - application for leave to file a further amended statement of claim - proposed pleas |
| Date: 9 Aug 2022 Judge: WHEELAHAN J |
| PRACTICE AND PROCEDURE -- application for extension of time within which to file Notice of appeal from orders made by Federal Court of Australia -- where applicant filed application approximately three months out of time -- where applicant in |
| Date: 27 Jun 2022 Judge: BESANKO, WHEELAHAN AND ROFE JJ |
93. Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia (Costs) [2022] FCA 669
| COSTS - no special circumstances - costs to follow the event. |
| Date: 9 Jun 2022 Judge: WHEELAHAN J |
94. Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2022] FCA 606
| ADMINISTRATIVE LAW - appeal under s 44 of the Administrative Appeals Tribunal Act 1976 (Cth) from a decision of the Administrative Appeals Tribunal which affirmed a decision that activities claimed to have been undertaken by the applicant did not |
| Date: 24 May 2022 Judge: WHEELAHAN J |
95. Whiteman v Deputy Commissioner of Taxation [2022] FCA 568
| BANKRUPTCY - application for extension of time within which to seek leave to appeal made prior to sequestration order - where action was stayed by operation of s 60(2) of the Bankruptcy Act 1966 (Cth) - whether in the circumstances the action should |
| Date: 18 May 2022 Judge: WHEELAHAN J |
96. Minister for the Environment v Sharma (No 2) [2022] FCAFC 65
| REPRESENTATIVE PROCEEDINGS - whether orders should be made that proceeding not continue as a representative proceeding |
| Date: 14 Apr 2022 Judge: ALLSOP CJ, BEACH AND WHEELAHAN JJ |
| INDUSTRIAL LAW - enterprise agreements - greenfields agreements - Fair Work Commission approved greenfields agreement between respondents and Transport Workers' Union - rival union appealed approval decision - Fair Work Commission Full Bench upheld |
| Date: 7 Apr 2022 Judge: BROMBERG, WHEELAHAN AND SNADEN JJ |
| MIGRATION - apprehended bias - where the Tribunal sent the appellant a notice under s 424A of the Migration Act 1958 (Cth) referring to (inter alia) previous criminal convictions of the appellant - where the Tribunal subsequently stated in its |
| Date: 5 Apr 2022 Judge: WHEELAHAN J |
99. Australian Licensed Aircraft Engineers Association v Qantas Airways Limited [2022] FCAFC 50
| INDUSTRIAL LAW - appeal from declarations made by Federal Court of Australia - where following onset of COVID-19 pandemic, respondent airlines each stood down number of Licensed Aircraft Maintenance Engineers (Aircraft Engineers) - where enterprise |
| Date: 1 Apr 2022 Judge: BESANKO, BROMBERG AND WHEELAHAN JJ |
100. Wuth v Comcare [2022] FCAFC 42
| WORKERS' COMPENSATION - appeal from a decision of the Administrative Appeals Tribunal heard by the Full Court in the court's original jurisdiction - where the Tribunal determined that the applicant did not suffer an "injury" for the purposes of s 14 |
| Date: 22 Mar 2022 Judge: GRIFFITHS, WHEELAHAN AND SNADEN JJ |
