Browse Federal Court JudgmentsBy Judge - Wheelahan J |
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(Wheelahan
J)
: 286
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1. eSafety Commissioner v X Corp (Civil Penalty) [2026] FCA 629
| COMMUNICATIONS LAW — Twitter, Inc operated a social media service – the applicant issued a non-periodic reporting notice to Twitter, Inc pursuant s 56(2) of the Online Safety Act 2021 (Cth) – Twitter, Inc merged into the respondent – |
| Date: 21 May 2026 Judge: WHEELAHAN J |
2. Minister for Immigration and Citizenship v QLZD [2026] FCA 590
| MIGRATION — application for judicial review of a decision of the Administrative Review Tribunal – where the cancellation of the first respondent’s visa was revoked by the Administrative Review Tribunal upon review under s 501CA(4) of the |
| Date: 12 May 2026 Judge: WHEELAHAN J |
3. Deakin University v Macreadie (Final Orders) [2026] FCA 583
| PRACTICE AND PROCEDURE – Form of injunctions – where injunctions sought to restrain the making of misleading and deceptive representations – where disputed element of proposed form of injunction is ancillary to other elements and corresponds |
| Date: 11 May 2026 Judge: WHEELAHAN J |
4. Deakin University v Macreadie [2026] FCA 481
| CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of |
| Date: 24 Apr 2026 Judge: WHEELAHAN J |
5. Jorgensen v JML Rose Pty Ltd (Dismissal of Appeals Upon Default) [2026] FCA 505
| PRACTICE AND PROCEDURE – application for dismissal of appeals upon default of the appellant in giving security for costs – power of a single judge exercising appellate jurisdiction to make an order dismissing an appeal in the circumstances of |
| Date: 23 Apr 2026 Judge: WHEELAHAN J |
6. Fair Work Ombudsman v New Switch Electrical Pty Ltd (Appeal) [2026] FCA 415
| INDUSTRIAL LAW – appeal from part of the orders of the Federal Circuit and Family Court of Australia (Division 2) – whether the Circuit Court erred in failing to make orders for compensation pursuant to s 545(1) of the Fair Work Act 2009 (Cth) |
| Date: 10 Apr 2026 Judge: WHEELAHAN J |
7. Fair Work Ombudsman v New Switch Electrical Pty Ltd (Extension of Time) [2026] FCA 390
| PRACTICE AND PROCEDURE – application for deemed and substituted service of notice of appeal pursuant to r 10.23 of the Federal Court Rules 2011 (Cth) – application for dispensation with requirement to serve notice of appeal pursuant to r 1.34 of |
| Date: 7 Apr 2026 Judge: WHEELAHAN J |
| LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of |
| Date: 30 Mar 2026 Judge: PERRAM, WHEELAHAN and MCELWAINE JJ |
9. Minister for Immigration and Citizenship v AMU19 [2026] FCAFC 29
| MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) –challenge to finding that a decision of the Administrative Appeals Tribunal to proceed to determine a review upon the first respondent failing |
| Date: 24 Mar 2026 Judge: WHEELAHAN, MEAGHER and MCDONALD JJ |
| CORPORATIONS – duty of a financial services licensee under s 912A(1)(a) of the Corporations Act 2001 (Cth) to do all things necessary to ensure that the financial services covered by the licence are provided efficiently, honestly and fairly – |
| Date: 20 Mar 2026 Judge: WHEELAHAN J |
11. Aljazeera International (Malaysia) SDN BHD v Hun [2026] FCAFC 22
| DEFAMATION – application for leave to appeal interlocutory orders striking out justification defence – application for leave to appeal consequential order dismissing subpoena – leave to appeal granted – respondent pleaded defamatory |
| Date: 18 Mar 2026 Judge: BROMWICH, WHEELAHAN AND OWENS JJ |
12. BHRR v Minister for Immigration and Citizenship (No 2) [2026] FCA 250
| MIGRATION – application for extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) to extend 35 day period within which an applicant may apply to the Court for a remedy in relation to a migration decision – whether it is in the |
| Date: 13 Mar 2026 Judge: WHEELAHAN J |
| DEFAMATION – whether imputations made out in a single email concerning accreditation requirements for membership of a professional association – imputations strained and unsupportable – primary judge correctly dismissed the proceeding. |
| Date: 6 Mar 2026 Judge: WHEELAHAN, O'SULLIVAN and MCELWAINE JJ |
14. Robertson (Trustee), in the matter of the bankrupt estate of Krepp [2026] FCA 186
| PRACTICE AND PROCEDURE – application for urgent relief seeking a stay of orders for possession of the respondent’s property – respondent seeks stay in aid of an application for leave to file a notice of appeal against orders for possession – |
| Date: 27 Feb 2026 Judge: WHEELAHAN J |
15. Spaleta v Secretary, Department of Social Services [2026] FCAFC 5
| ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal affirming a decision of the Administrative |
| Date: 11 Feb 2026 Judge: WHEELAHAN, YOUNAN AND BENNETT JJ |
16. Jorgensen v JML Rose Pty Ltd (Security for Costs) [2026] FCA 64
| PRACTICE AND PROCEDURE – appeals – security for costs of appeals – bankruptcy – unsatisfactory evidence of appellant’s financial affairs – appellant failed to establish by evidence that appeals would be stultified if security ordered – |
| Date: 9 Feb 2026 Judge: WHEELAHAN J |
17. BHP Coal Pty Ltd v Mining and Energy Union [2025] FCAFC 194
| INDUSTRIAL LAW – application for judicial review of regulated labour hire orders made by the Fair Work Commission (Commission) under Part 2-7A of the Fair Work Act 2009 (Cth) (FW Act) – where Part 2-7A inserted into the FW Act by the Fair Work |
| Date: 19 Dec 2025 Judge: RANGIAH, WHEELAHAN AND SHARIFF JJ |
18. Kaur v Singh [2025] FCA 1643
| PRACTICE AND PROCEDURE – interlocutory application – alleged contraventions of the Fair Work Act 2009 (Cth) – whether the applicant as administrator of the deceased employee’s estate has standing to apply for an order in relation to a |
| Date: 18 Dec 2025 Judge: WHEELAHAN J |
19. Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187
| INDUSTRIAL LAW – workplace delegates’ rights – whether the Fair Work Commission’s orders inserting delegates’ rights term into modern awards met the Commission’s obligations under cl 95 of Sch 1 and s 350C of the Fair Work Act 2009 (Cth) |
| Date: 17 Dec 2025 Judge: WHEELAHAN, JACKSON AND DOWLING JJ |
20. Weber v Thomas Foods International (Stawell) Pty Ltd (Strike Out Application) [2025] FCA 1583
| PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – application to strike out statement of claim pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) – |
| Date: 15 Dec 2025 Judge: WHEELAHAN J |
21. DEG18 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1556
| MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia – delegate of the Minister refused appellant’s application for a Safe Haven Enterprise Visa (subclass 790) – Immigration Assessment Authority affirmed |
| Date: 11 Dec 2025 Judge: WHEELAHAN J |
22. Da Costa Junior v Minister for Immigration and Multicultural Affairs [2025] FCA 1423
| MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal not to revoke the mandatory cancellation of a visa cancellation pursuant to s 501(3A) of the Migration Act 1958 (Cth) – a delegate of the Minister |
| Date: 5 Dec 2025 Judge: WHEELAHAN J |
23. Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation [2025] FCA 1523
| PRACTICE AND PROCEDURE – case management – application pursuant to s 48(1) of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court of Australia Rules 2011 (Cth) to transfer the venue of proceedings from Victoria District |
| Date: 4 Dec 2025 Judge: WHEELAHAN 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. BHRR v Minister for Immigration and Citizenship [2025] FCA 1369
| MIGRATION – application for interlocutory injunction restraining the Minister and the Commonwealth by its officers from removing the applicant from Australia – applicant convicted of several offences carrying prison sentences – applicant’s |
| Date: 10 Nov 2025 Judge: WHEELAHAN J |
26. Zhang v Skycity Adelaide Pty Ltd [2025] FCA 1344
| PRACTICE AND PROCEDURE – application for an order that the proceeding be dismissed because of the applicant’s default in filing a statement of claim – application for enlargement of time to file a statement of claim – default in complying |
| Date: 31 Oct 2025 Judge: WHEELAHAN J |
27. Precious Family Day Care Pty Ltd v Secretary, Department of Education [2025] FCAFC 148
| ADMINISTRATIVE LAW – appeal from orders of a judge of the Court dismissing an “appeal” brought pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – the Administrative Appeals Tribunal affirmed a decision of the Secretary |
| Date: 24 Oct 2025 Judge: WHEELAHAN, SNADEN AND MEAGHER JJ |
28. Turner v Price [2025] FCA 1299
| PRACTICE AND PROCEDURE – application for order pursuant to s 17(4) of the Federal Court of Australia Act 1976 (Cth) precluding a person from being present in court during the course of a hearing – application for a suppression or non-publication |
| Date: 23 Oct 2025 Judge: WHEELAHAN J |
29. XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 115
| MIGRATION – where appellant’s visa was cancelled by the respondent Minister under s 501BA(2) of the Migration Act 1958 (Cth) – where appellant alleges that the respondent reached the state of satisfaction that cancellation of his visa was in |
| Date: 19 Sep 2025 Judge: WHEELAHAN, STEWART AND NEEDHAM JJ |
30. BHP Coal Pty Ltd v Mining and Energy Union [2025] FCA 1116
| INDUSTRIAL LAW – application for a stay of regulated labour hire arrangement orders made by the Fair Work Commission – orders made under s 306E of the Fair Work Act 2009 (Cth) – no express statutory power to order a stay under the Act – if |
| Date: 10 Sep 2025 Judge: WHEELAHAN J |
31. Gunawardena v Boeing Aerostructures Australia Pty Ltd (No 2) [2025] FCA 1090
| PRACTICE AND PROCEDURE — application for an order restraining the respondent from continuing to retain its solicitors on the ground that the solicitors acted for the respondent in the negotiation and approval of an enterprise agreement alleged in |
| Date: 4 Sep 2025 Judge: WHEELAHAN J |
32. Toyota Jidosha Kabushiki Kaisha v Ozi4x4 Pty Ltd (Leave to proceed) [2025] FCA 981
| PRACTICE AND PROCEDURE – first respondent wound up in insolvency under the Corporations Act 2001 (Cth) – winding up order made by Supreme Court of Victoria – applicants applied for leave to proceed against the first respondent under s 471B of |
| Date: 19 Aug 2025 Judge: WHEELAHAN J |
33. Retail and Fast Food Workers’ Union Inc v Woolworths Group Ltd [2025] FCAFC 105
| INDUSTRIAL LAW – application for judicial review of a decision of the Fair Work Commission – enterprise agreements – Full Bench of Fair Work Commission approved single enterprise agreement known as the Woolworths Australian Food Group |
| Date: 14 Aug 2025 Judge: WHEELAHAN, SNADEN AND DOWLING JJ |
34. Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 568
| MIGRATION – appeal from decision of Federal Circuit Court – first appellant applied for Skilled - Independent (Class VB) (Subclass 885) Visa – Tribunal considered first appellant had not achieved sufficient points to qualify for visa – first |
| Date: 4 Jun 2025 Judge: WHEELAHAN J |
35. Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2025] FCAFC 73
| INDUSTRIAL LAW – application for judicial review of decisions of Fair Work Commission – where applicant applied to Commission pursuant to s 217 of Fair Work Act 2009 (Cth) for variation of two enterprise agreements to remove an “ambiguity or |
| Date: 2 Jun 2025 Judge: KATZMANN, WHEELAHAN AND RAPER JJ |
36. Mond v The Age Company Pty Limited (costs) [2025] FCA 521
| COSTS – defamation proceeding – apportionment of costs – whether there should be an apportionment of costs to take account of issues on which the applicant was unsuccessful – Calderbank v Calderbank [1976] Fam 93 – evaluation of the terms |
| Date: 21 May 2025 Judge: WHEELAHAN J |
37. Horizon Solsolutions Australia Pty Ltd v National Disability Insurance Agency [2025] FCA 511
| ADMINISTRATIVE LAW – judicial review – application by registered National Disability Insurance Scheme provider – reasonableness of delay in deciding claims for payment under s 45 of the National Disability Insurance Scheme Act 2013 (Cth) – |
| Date: 20 May 2025 Judge: WHEELAHAN J |
38. Mond v The Age Company Pty Limited (pre-judgment interest) [2025] FCA 495
| COSTS – pre-judgment interest – whether pre-judgment interest should be calculated at rate provided for in Practice Note on Interest on Judgments – GPN-INT – s 51A(1) of the Federal Court of Australia Act 1976 (Cth) – interest on damages |
| Date: 15 May 2025 Judge: WHEELAHAN J |
39. Zirk-Sadowski v University of New South Wales [2025] FCAFC 64
| INDUSTRIAL LAW – appeal from dismissal of application for judicial review of three decisions of the Fair Work Commission – whether decisions attended by jurisdictional error – appeal dismissed. PRACTICE AND PROCEDURE – where appellant seeks |
| Date: 14 May 2025 Judge: WHEELAHAN, SNADEN AND MCELWAINE JJ |
40. Mond v The Age Company Pty Limited [2025] FCA 442
| DEFAMATION – publication of print and online newspaper articles – whether the print and online articles were defamatory – ordinary reasonable reader’s understanding of the articles – alternative Hore-Lacy meanings – some of the print and |
| Date: 8 May 2025 Judge: WHEELAHAN J |
41. 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 |
42. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
50. 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 |
51. 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 |
52. 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 |
53. 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 |
54. 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 |
55. 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 |
57. 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 |
58. 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 |
59. 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 |
60. 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 |
63. 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 |
65. 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 |
66. 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 |
67. 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 |
68. 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 |
69. 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 |
70. 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 |
71. 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 |
72. 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 |
73. 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 |
74. 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 |
75. 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 |
76. 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 |
77. 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 |
78. 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 |
79. 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 |
81. 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 |
82. 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 |
84. 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 |
85. 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 |
87. 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 |
88. 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 |
89. 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 |
90. 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 |
91. 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 |
92. 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 |
93. 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 |
94. 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 |
95. 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 |
96. 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 |
97. 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 |
98. 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 |
99. 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 |
100. 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 |
