Browse Federal Court JudgmentsBy Judge - Wigney J |
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1. Sandilands v Registrar Parkyn [2025] FCA 358
| PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from decision of this Court dismissing applicant’s earlier application for an extension of time within which to institute proceedings in this Court – application |
| Date: 11 Apr 2025 Judge: WIGNEY J |
| COSTS – where the Liquidator seeks costs on an indemnity basis and that costs be payable as a lump-sum to be determined by a Registrar as referee –interlocutory relief obviated need to press any final relief - consideration of the circumstances |
| Date: 11 Apr 2025 Judge: WIGNEY J |
3. Deripaska v Minister for Foreign Affairs [2025] FCAFC 36
| STATUTORY INTERPRETATION – where the Autonomous Sanctions Act 2011 (Cth) and Autonomous Sanctions Regulations 2011 (Cth) impose restrictions on designated persons or entities – where it was common ground that regs 14 and 15 would impinge on the |
| Date: 27 Mar 2025 Judge: WIGNEY, STEWART AND NESKOVCIN JJ |
| INDUSTRIAL LAW - Alleged contraventions of s 501 of the Fair Work Act 2009 (Cth) — permit holder exercising or seeking to exercise rights of entry under s 484 – consideration of the proper construction of s 484 – whether the applicant was |
| Date: 6 Mar 2025 Judge: WIGNEY J |
5. Edwards v Nine Network Australia Pty Limited (No 7) [2025] FCA 137
| COSTS - where lump sum costs amount agreed between applicant and respondents - where dispute between applicant and intervener as to distribution of lump sum costs amount - where dispute between applicant and intervener as to whether the intervener |
| Date: 18 Feb 2025 Judge: WIGNEY J |
6. Costagliola v Autore [2025] FCA 35
| BANKRUPTCY AND INSOLVENCY - application for freezing order to restrain sale of property - where applicant obtained judgment against the respondent in the District Court - where respondent subsequently went bankrupt and freezing orders were sought |
| Date: 3 Feb 2025 Judge: WIGNEY J |
7. Bachelard v Australian Federal Police [2025] FCAFC 5
| ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) (FOI Act) - request for access to three witness statements and a professional standards report arising from an investigation conducted under Part V of Australian Federal Police Act 1979 (Cth) |
| Date: 3 Feb 2025 Judge: WIGNEY, THAWLEY AND MCDONALD |
8. Australian Competition and Consumer Commission v Mosaic Brands Limited [2025] FCA 99
| CORPORATIONS - application by applicant for leave to proceed with proceeding pursuant to s 440D of the Corporations Act 2001 (Cth) - leave to proceed granted |
| Date: 30 Jan 2025 Judge: WIGNEY J |
| CORPORATIONS - where defendants USG, EuropeFX and TradeFred offered risky financial products known as contracts for difference (CFDs) and margin foreign exchange contracts (Margin FX contracts) - where USG was licensed to provide general financial |
| Date: 20 Dec 2024 Judge: WIGNEY J |
10. Strang International Pty Ltd v South32 Limited [2024] FCA 1526
| PRACTICE AND PROCEDURE - where applicants sought short service of originating application, statement of claim and supporting documents pursuant to rule 1.39 Federal Court Rules 2011 (Cth) - where applicants sought substituted service pursuant to r 10 |
| Date: 11 Dec 2024 Judge: WIGNEY J |
11. Australian Securities and Investments Commission v Latitude Finance Australia (No 3) [2024] FCA 1433
| CONSUMER LAW - where declarations regarding contraventions of the ASIC Act made following a liability judgment - where relief hearing yet to take place - where defendants appealed the declarations - whether applications for leave to appeal of |
| Date: 10 Dec 2024 Judge: WIGNEY J |
| CORPORATIONS - application for order for examination of director and production of documents - where defendant had failed to deliver up property of company in liquidation - where continued failure to comply with court orders - whether examination |
| Date: 4 Dec 2024 Judge: WIGNEY J |
13. Super Retail Group Limited v Farrell [2024] FCA 1214
| PRACTICE AND PROCEDURE - application for leave to appeal - where primary judgment dismissed application for suppression order - leave to appeal granted - suppression orders made until hearing of appeal or further order |
| Date: 14 Oct 2024 Judge: WIGNEY J |
14. Fisher v Isuzu Motors Ltd [2024] FCA 1109
| PRACTICE AND PROCEDURE - service of originating application and statement of claim on respondent based in Japan - whether service of the documents "not practicable" - deemed service ordered pursuant to rules 10.23 and 10.48 Federal Court Rules 2011 |
| Date: 19 Sep 2024 Judge: WIGNEY J |
15. Electrical Data and Fibre Optic Systems Pty Ltd v Utech Pty Ltd
| COSTS - application for indemnity costs by successful defendant - where plaintiff did not accept offers of compromise - whether the offers were reasonable - where one offer was made at a very early stage of the proceeding - where offers were open |
| Date: 6 Sep 2024 Judge: WIGNEY J |
16. Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd [2024] FCA 999
| EVIDENCE - judicial notice - whether judicial notice can be taken of statistical information under Reserve Bank Act 1959 (Cth) s 85A(1) - meaning of "statistical information" - whether the statistical information must be incontestable - effect of |
| Date: 2 Sep 2024 Judge: WIGNEY J |
17. Akol v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 903
| MIGRATION - application for review of Tribunal decision not to revoke the cancellation of the applicant's visa under s 501CA(4) of the Migration Act - where the Tribunal found that "another reason" for revocation was that the applicant would face |
| Date: 14 Aug 2024 Judge: WIGNEY J |
| CORPORATIONS - service of originating process - statutory demand - where the plaintiff's evidence indicated the originating process was posted - where the defendant's evidence that the originating process was not received was unchallenged - |
| Date: 7 Aug 2024 Judge: WIGNEY J |
19. Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory orders - principles in Decor Corporation Pty Ltd v Dart Industries Inc [1991] 33 FCR 397 - no sufficient doubt to warrant reconsideration of orders - no substantial injustice if |
| Date: 5 Aug 2024 Judge: WIGNEY J |
20. The Owners - Strata Plan 87231 v 3A Composites GmbH (No 8) [2024] FCA 854
| COSTS - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - interlocutory application for "Merck" orders regarding three disputed common questions - where respondents opposed interlocutory application that was |
| Date: 1 Aug 2024 Judge: WIGNEY J |
21. Lau (Liquidator), in the matter of Oli Capital Pty Ltd [2024] FCA 910
| PRACTICE AND PROCEDURE - application for leave to serve summons for examination outside of Australia - where evidence of close connection between person to be examined and affairs of companies - leave granted - application for arrest warrant - where |
| Date: 1 Aug 2024 Judge: WIGNEY J |
22. Nasir v Reynolds (stay application) [2024] FCA 864
| PRACTICE AND PROCEDURE - application for stay of interlocutory order pending determination of application for leave to appeal - whether reasonable prospects of the grant of leave to appeal - principles in Decor Corporation Pty Ltd v Dart Industries |
| Date: 1 Aug 2024 Judge: WIGNEY J |
23. 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 |
| CORPORATIONS - application by trustees and receivers for judicial advice - whether appropriate for Court to give advice sought - whether trustees and receivers justified in not appearing, and not taking any active role in, proceeding to be heard in |
| Date: 30 Jul 2024 Judge: WIGNEY J |
25. The Owners - Strata Plan 87231 v 3A Composites GmbH (No 7) [2024] FCA 788
| PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - whether Merck orders should be made to include three disputed common questions - whether disputed common questions require |
| Date: 19 Jul 2024 Judge: WIGNEY J |
26. Liberty Oil Convenience Pty Ltd v Golden Roo Company Ltd [2024] FCA 757
| COSTS - Statutory demand - where defendants ultimately did not oppose the making of orders setting aside statutory demands - relevant principles regarding order for costs where there has been no hearing on the merits - where the defendants |
| Date: 15 Jul 2024 Judge: WIGNEY J |
27. Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 94
| MIGRATION - visas - cancellation - where appellant convicted of criminal offences and sentenced to term of imprisonment - appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review - where |
| Date: 15 Jul 2024 Judge: WIGNEY, HALLEY AND DOWLING JJ |
28. Edwards v Nine Network Australia Pty Limited (No 6) [2024] FCA 758
| COSTS - Application for indemnity costs by successful applicant in defamation proceeding - where applicant made valid offer of compromise - where terms of the judgment were more favourable than the offer - whether rejection of applicant's offer |
| Date: 20 Jun 2024 Judge: WIGNEY J |
29. DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75
| MIGRATION - where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa - where Tribunal invited appellant to hearing via email and appellant did not intend - where Tribunal |
| Date: 7 Jun 2024 Judge: WIGNEY, HESPE AND KENNETT JJ |
30. Huang v Octec Limited [2024] FCA 588
| PRACTICE AND PROCEDURE - application for an extension of time and leave to appeal - where applicant's substantive application was summarily dismissed for past defaults - where delay in filing application for leave to appeal reasonably explained and |
| Date: 28 May 2024 Judge: WIGNEY J |
| ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) - request for access to documents relating to the Toondah Harbour Project - where documents created during the statutory consultation process under the Environmental Protection and |
| Date: 16 May 2024 Judge: WIGNEY J |
32. Edwards v Nine Network Australia Pty Limited (No 5) [2024] FCA 422
| DEFAMATION - where defamatory imputations allegedly conveyed by a television program called "A Current Affair" and accompanying articles about dispute concerning the ownership of a supposedly Instagram famous dog named Oscar - the wondrous life and |
| Date: 26 Apr 2024 Judge: WIGNEY J |
33. Australian Securities and Investments Commission v Macquarie Bank Limited [2024] FCA 416
| CORPORATIONS - provision of financial services - regulatory proceedings - where defendant holds an Australian financial services licence - whether financial services provider ensured that the financial services covered by the licence were provided |
| Date: 19 Apr 2024 Judge: WIGNEY J |
34. Resolution Life Australasia Limited v Mitchell [2024] FCA 310
| INSURANCE - appeal from determination of the Australian Financial Complaints Authority (AFCA) - whether AFCA erred in law in failing to provide the applicant procedural fairness by failing to identify and give the applicant notice of certain issues |
| Date: 28 Mar 2024 Judge: WIGNEY J |
35. RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 254
| MIGRATION - where the applicant's visa was mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where a delegate of the Minister decided not to revoke the visa cancellation pursuant to s 501CA(4) - where |
| Date: 20 Mar 2024 Judge: WIGNEY J |
36. Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29
| TAXATION - cross-border transfer pricing and arm's length consideration provisions - whether primary judge erred in formulating the reliable hypothesis required to apply Subdivision 815-A of the Income Tax Assessment Act 1997 (Cth) and Division 13 |
| Date: 8 Mar 2024 Judge: WIGNEY, BANKS-SMITH AND COLVIN JJ |
37. J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18
| COMPETITION LAW - industrial law - appeals from orders made as to liability and penalty for making, and giving effect to, an arrangement, or arriving at an understanding, containing a provision preventing or hindering the appellant from acquiring |
| Date: 29 Feb 2024 Judge: WIGNEY, BROMWICH AND ANDERSON JJ |
38. Commonwealth Director of Public Prosecutions v Bingo Industries Pty Ltd
| CRIMINAL LAW - sentencing - cartel conduct - making an arrangement containing a cartel provision - giving effect to a cartel provision - where corporate offender provided collections services and processing services for building and demolition waste |
| Date: 23 Feb 2024 Judge: WIGNEY J |
39. Commonwealth Director of Public Prosecutions v Aussie Skips Bin Services Pty Ltd
| CRIMINAL LAW - sentencing - cartel conduct - making an arrangement containing a cartel provision - giving effect to a cartel provision - where corporate offender provided collections services and processing services for building and demolition waste |
| Date: 23 Feb 2024 Judge: WIGNEY J |
40. 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 |
41. Deputy Commissioner of Taxation v Widdup (No 3) [2024] FCA 80
| COSTS - application for indemnity costs by successful applicant against respondents - relevant principles regarding order for costs where there has been no hearing on the merits - where the respondents acted unreasonably in their continued defence |
| Date: 5 Feb 2024 Judge: WIGNEY J |
42. Stanford v DePuy International Pty Ltd (No 8) [2024] FCA 35
| PRACTICE AND PROCEDURE - representative proceeding - group member settlement scheme previously approved by Court - interlocutory application by administrator of settlement scheme - application seeking approval of payment of administrative costs - |
| Date: 1 Feb 2024 Judge: WIGNEY 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 |
44. Australian Competition and Consumer Commission v FitBit LLC [2023] FCA 1535
| CONSUMER LAW - admitted civil contraventions of Australian Consumer Law ss 18 and 29(1)(m) - where respondent made false or misleading representations and engaged in misleading or deceptive conduct, or conduct likely to mislead or deceive, to 58 |
| Date: 12 Dec 2023 Judge: WIGNEY J |
45. Dunstan v Orr (No 2) [2023] FCA 1536
| PRACTICE AND PROCEDURE - respondents' application under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) for summary judgment - where applicant's claims arose from applicant's suspension from |
| Date: 7 Dec 2023 Judge: WIGNEY J |
46. 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 |
47. Stradford (a pseudonym) v Judge Vasta (No 2) [2023] FCA 1364
| COSTS - whether respondents should pay costs associated with the evidence of the applicant's expert witness - where applicant was successful in substantive proceedings - where evidence of applicant's expert witness was abandoned or otherwise would |
| Date: 2 Nov 2023 Judge: WIGNEY J |
48. Haeusler v Australian Capital Territory [2023] FCA 1304
| PRACTICE AND PROCEDURE - application by employees and union for interlocutory injunction restraining the employer from issuing work orders under a contract with an independent contractor unless and until it complies with provisions in an enterprise |
| Date: 20 Oct 2023 Judge: WIGNEY J |
49. ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1326
| MIGRATION - application for injunctive relief under s 39B of the Judiciary Act 1903 (Cth) restraining removal of applicant from Australia - where application for protection visa refused - where refusal upheld by Administrative Appeals Tribunal and |
| Date: 18 Oct 2023 Judge: WIGNEY J |
50. Quach v RU [2023] FCA 1233
| PRACTICE AND PROCEDURE - applications for leave to appeal three judgments - where the first judgment involved an interlocutory decision which had already been the subject of an unsuccessful application for leave to appeal - application dismissed on |
| Date: 16 Oct 2023 Judge: WIGNEY J |
51. Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020
| TORTS - false imprisonment - where applicant imprisoned for contempt in matrimonial proceeding in Federal Circuit Court of Australia for purported non-compliance with disclosure orders - where judge's contempt declaration and imprisonment orders |
| Date: 30 Aug 2023 Judge: WIGNEY J |
52. 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 |
| MIGRATION - application for extension of time and leave to appeal from decision of Federal Circuit Court - where Federal Circuit Court, at a show cause hearing, dismissed appeal of Administrative Appeals Tribunal's decision to affirm refusal of |
| Date: 27 Jul 2023 Judge: WIGNEY J |
| MIGRATION - appeal from decision of Federal Circuit Court - where Federal Circuit Court dismissed appeal of Immigration Assessment Authority's decision to affirm refusal of protection visa - whether primary judge erred in finding that Authority's |
| Date: 27 Jul 2023 Judge: WIGNEY J |
55. Taylor v Nationwide News Pty Limited [2023] FCAFC 117
| DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in finding that imputations not conveyed - appeal dismissed |
| Date: 25 Jul 2023 Judge: WIGNEY, O'CALLAGHAN AND JACKSON JJ |
56. The Owners - Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 3) [2023] FCA 814
| PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) - interlocutory application for an order pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) that the insurer of the |
| Date: 20 Jul 2023 Judge: WIGNEY J |
| MIGRATION - appeal from primary judge's decision in Federal Circuit Court quashing decision of Administrative Appeals Tribunal to affirm refusal of partner visa - whether Tribunal's failure to comply with s 359A of the Migration Act 1958 (Cth) |
| Date: 30 Jun 2023 Judge: WIGNEY J |
58. Lusty (Examiner) v DEZ22 (No 2) [2023] FCA 858
| CONTEMPT OF COURT - refusal to answer questions in Australian Crime Commission examination under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - Court's power to deal with contempt under s 34B of Australian Crime Commission Act 2002 |
| Date: 28 Jun 2023 Judge: WIGNEY J |
59. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2023] FCAFC 93
| TRUSTS AND TRUSTEES - corporate trustee in liquidation - where liquidator assigned company's causes of action against appellants to respondents - whether assigning right, title and interest in causes of action to respondents is limited to the company |
| Date: 16 Jun 2023 Judge: WIGNEY, ANDERSON AND ABRAHAM JJ |
60. Fair Work Ombudsman v Sushi Bay Pty Ltd [2023] FCA 548
| INDUSTRIAL LAW - Fair Work Ombudsman seeking to proceed in underpayment action against insolvent corporate respondents - s 471B application for leave to proceed against companies in liquidation - application granted |
| Date: 1 Jun 2023 Judge: WIGNEY J |
| MIGRATION - application for protection visa refused by delegate of Minister for Immigration and Border Protection - refusal affirmed by Immigration Assessment Authority - judicial review of Authority's decision dismissed by Federal Circuit Court - |
| Date: 22 May 2023 Judge: WIGNEY J |
62. BDT17 v Minister for Immigration and Border Protection [2023] FCA 452
| MIGRATION -- Application for protection visa -- application refused by delegate of Minister for Immigration and Border Protection -- refusal affirmed by Immigration Assessment Authority decision -- judicial review of Authority's decision in Federal |
| Date: 12 May 2023 Judge: WIGNEY J |
| MIGRATION - appeal from primary judge's dismissal of judicial review application regarding protection visa decision - appellant said to have past association with militant organisation in Sri Lanka - whether Immigration Assessment Authority failed |
| Date: 12 May 2023 Judge: WIGNEY J |
64. Patel v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 501
| MIGRATION - application for Subclass 187 visa refused by delegate of Minister for Immigration, Citizenship and Multicultural Affairs - refusal decision affirmed by Administrative Appeals Tribunal - application for judicial review of Tribunal's |
| Date: 11 May 2023 Judge: WIGNEY J |
65. Drummond v Canberra Institute of Technology (No 2) [2023] FCA 422
| COSTS -- application for leave to appeal from judgment of Federal Circuit and Family Court of Australia -- application for leave to appeal dismissed -- no costs submissions made at hearing -- applicant ordered to pay respondent's costs of |
| Date: 5 May 2023 Judge: WIGNEY J |
66. Deputy Commissioner of Taxation v Widdup (No 2) [2023] FCA 377
| PRACTICE AND PROCEDURE - ex parte freezing orders obtained against respondents per rr 7.32 and 7.35 of Federal Court Rules 2011 (Cth) - where respondents paid money into Court to discharge freezing orders - application for repayment of money paid |
| Date: 27 Apr 2023 Judge: WIGNEY J |
67. Pauga v Chief Executive of Queensland Corrective Services [2023] FCAFC 58
| EXTRADITION - unsuccessful application for a writ of habeas corpus - whether the primary judge erred in finding that 'brought as soon as practicable before' under s 15(1) of the Extradition Act 1988 (Cth) requires physical attendance of person |
| Date: 13 Apr 2023 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
| CONSUMER LAW - unconscionable conduct - statutory unconscionability under s 21 of the Australian Consumer Law (ACL) - registered training organisation provided vocational education and training under Commonwealth's Vocational Education and Training |
| Date: 6 Apr 2023 Judge: WIGNEY, O'BRYAN AND DOWNES JJ |
69. Drummond v Canberra Institute of Technology [2023] FCA 421
| PRACTICE AND PROCEDURE -- application to appeal from judgment of Federal Circuit and Family Court of Australia dismissing an originating application -- where applicant failed to appear at adjourned final hearing -- where primary judge's orders |
| Date: 5 Apr 2023 Judge: WIGNEY J |
70. Murdoch v Private Media Pty Ltd (No 5) [2023] FCA 440
| PRACTICE AND PROCEDURE - application by respondents for extension of time to file defence - Court's broad discretion under r 1.39 of the Federal Court Rules 2011 (Cth) - respondents' recent access to potentially relevant material disclosed in United |
| Date: 4 Apr 2023 Judge: WIGNEY J |
71. Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48
| INDUSTRIAL LAW - High Court remittal - section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of |
| Date: 24 Mar 2023 Judge: PERRAM, WIGNEY AND ANDERSON JJ |
| PRACTICE AND PROCEDURE - Evidence Act 1995 (Cth) s 79 - expert evidence regarding trading in over-the-counter derivatives in Australia - objections by second defendant to plaintiff's expert evidence - contention that the plaintiff's expert, a |
| Date: 20 Mar 2023 Judge: WIGNEY J |
73. Director-General of Security v Plaintiff S111A/2018 [2023] FCAFC 33
| MIGRATION - where the primary judge set aside two adverse security assessments (ASAs) of the respondent - where the respondent's visa was refused as a consequence of the ASA decisions - whether the use of information by the executive that is likely |
| Date: 9 Mar 2023 Judge: WIGNEY, BROMWICH AND O'CALLAGHAN JJ |
| STATUTORY CONSTRUCTION - appeal from judgment of single judge of the Federal Court setting aside a direction of the Administrative Appeals Tribunal (AAT) under 33 of the Administrative Appeals Tribunal Act 1975 (Cth) to a party to attend and |
| Date: 3 Mar 2023 Judge: KENNY, WIGNEY AND ROFE JJ |
75. The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 6) [2023] FCA 188
| PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - application for production of documents under s 23 for data regarding product supplies - data sought to estimate total value of all |
| Date: 27 Feb 2023 Judge: WIGNEY J |
| PRACTICE AND PROCEDURE - second defendant objects to documentary material adduced by plaintiff as evidence of settlement negotiations under s 131(1) of Evidence Act 1995 (Cth) - whether said evidence falls within an exception in s 131(2) and |
| Date: 22 Feb 2023 Judge: WIGNEY J |
| BANKRUPTCY AND INSOLVENCY - application by liquidator under s 477(2B) of Corporations Act 2001 (Cth) for retrospective approval of funding agreements - funding to litigate impugned transactions of former directors - obligations under funding |
| Date: 10 Feb 2023 Judge: WIGNEY J |
78. Lusty (Examiner) v DER22 [2023] FCA 255
| CONTEMPT OF COURT - refusal to answer questions in Australian Crime Commission examination under s 34A(a)(ii) of Australian Crime Commission Act 2002 (Cth) - Court's power to deal with contempt under s 34B of Australian Crime Commission Act 2002 (Cth |
| Date: 2 Feb 2023 Judge: WIGNEY J |
79. Murdoch v Private Media Pty Ltd (No 4) [2023] FCA 114
| PRACTICE AND PROCEDURE - interlocutory application to amend originating application and statement of claim in defamation proceedings - rr 8.21 and 16.53 of Federal Court Rules 2011 (Cth) - weighing of competing considerations - need to amend became |
| Date: 30 Jan 2023 Judge: WIGNEY J |
80. Eckardt v Sims Ltd [2022] FCA 1609
| REPRESENTATIVE PROCEEDINGS - settlement approval application - whether Court should approve settlement approval application per s 33V(1) of Federal Court of Australia Act 1976 (Cth) - consideration of applicable principles governing whether |
| Date: 23 Dec 2022 Judge: WIGNEY J |
81. Murdoch v Private Media Pty Ltd (No 3) [2022] FCA 1608
| PRACTICE AND PROCEDURE - application for supplementary discovery and interrogatories - subsequent application for joinder and amendment of pleadings - consideration of impending trial date - consideration of s 37M of Federal Court of Australia Act |
| Date: 22 Dec 2022 Judge: WIGNEY J |
82. Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607
| COSTS - interlocutory applications regarding strike out of pleadings - submissions on costs for interlocutory hearings - broad discretion of Court under s 43(2) of Federal Court of Australia Act 1976 (Cth) - general principle that costs follow the |
| Date: 22 Dec 2022 Judge: WIGNEY J |
83. Commissioner of Taxation v Landcom [2022] FCAFC 204
| TAXATION - appeal from decision of primary judge setting aside objection decision - objection to private ruling - where single contract of sale concerned the sale of freehold interests in four lots of land - whether sale would be a single "supply" |
| Date: 22 Dec 2022 Judge: WIGNEY, MOSHINSKY AND HESPE JJ |
84. Lusty (Examiner) v DEZ22 [2022] FCA 1581
| CONTEMPT OF COURT - refusal to answer questions in Australian Crime Commission examination under s 34A(a)(ii) of Australian Crime Commission Act 2002 (Cth) - Court's power to deal with contempt under s 34B of Australian Crime Commission Act 2002 (Cth |
| Date: 21 Dec 2022 Judge: WIGNEY J |
| PRACTICE AND PROCEDURE - respondents' application for extension of non-publication order - where order made for five years expiring in December 2022 - where need to suppress respondents' systems and processes to address risk of respondents' services |
| Date: 16 Dec 2022 Judge: WIGNEY J |
86. Chadwick v State of New South Wales [2022] FCA 1498
| PRACTICE AND PROCEDURE - application for interim injunction under s 46PP of Australian Human Rights Commission Act 1986 (Cth) to restrain the State of New South Wales (State) and the New South Wales Land and Housing Corporation (Corporation) from |
| Date: 16 Dec 2022 Judge: WIGNEY J |
87. McDonald v Dakkak (No 2) [2022] FCA 1578
| CRIMINAL LAW - application for interim control orders - where respondent previously convicted of various terrorism charges and interim control orders were made under s 104.4 in Part 5.3 of the Criminal Code - where conditions under ss 104.4(1)(c) |
| Date: 9 Dec 2022 Judge: WIGNEY J |
88. DCL22 v Sage [2022] FCAFC 196
| ADMINISTRATIVE LAW - application for judicial review of summons issued under s 28 of the Australian Crime Commission Act 2002 (Cth) PRACTICE AND PROCEDURE - public interest immunity - application for leave to appeal from orders of the primary judge |
| Date: 7 Dec 2022 Judge: ALLSOP CJ, WIGNEY AND BROMWICH JJ |
| MIGRATION - Minister's failure or refusal to make decision in respect of applicant's visa application within a reasonable time - applicant charged with relatively minor conduct - visa application refused on character grounds pursuant to s 501(1) of |
| Date: 7 Dec 2022 Judge: WIGNEY J |
| PRACTICE AND PROCEDURE - application under Australian Consumer Law - where applicant not represented by a lawyer - whether application should be transferred to the Federal Circuit Court of Australia - application transferred under s 32AB of the |
| Date: 6 Dec 2022 Judge: WIGNEY J |
91. Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515
| PRACTICE AND PROCEDURE - application to appeal determination made under Building and Construction Industry (Security of Payment) Act 2009 (ACT) - where dispute concerned liability under construction contract - whether proceeding should be |
| Date: 6 Dec 2022 Judge: WIGNEY J |
92. Jang v Trustees of the Property of Lee, a bankrupt [2022] FCA 1576
| PRACTICE AND PROCEDURE - application to dismiss application for extension of time with indemnity costs - applicant attempted to discontinue proceeding using incorrect form - no subsequent attempt by applicant to regularise discontinuation - no |
| Date: 30 Nov 2022 Judge: WIGNEY J |
93. DTO21 v Australian Crime Commission [2022] FCAFC 190
| CONTEMPT OF COURT - refusal by appellant to answer certain questions in Australian Crime Commission examination - refusal constituted contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 12 months' |
| Date: 30 Nov 2022 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
94. Walker v Members Equity Bank Ltd [2022] FCAFC 184
| STATUTORY INTERPRETATION - proper construction of s 12GB(6) of the Australian Securities and Investments Commission Act 2001 (Cth) - s 12GB(6) provides prosecution of relevant offences "may be commenced within 3 years after the commission of the |
| Date: 28 Nov 2022 Judge: WIGNEY, LEE AND ABRAHAM JJ |
95. Commonwealth Director of Public Prosecutions v Evans [2022] FCAFC 182
| CRIMINAL LAW - Crown appeal against sentence - where Crown seeks to have conditions to a recognisance set aside, as being beyond power, but to leave the sentence imposed otherwise intact - where no formal arrangement entered into by Norfolk Island |
| Date: 17 Nov 2022 Judge: ALLSOP CJ, WIGNEY AND BROMWICH JJ |
96. Deputy Commissioner of Taxation v Widdup [2022] FCA 1403
| PRACTICE AND PROCEDURE - respondents' interlocutory application for stay of operation of notices issued under s 353-10 of sch 1 of the Taxation Administration Act 1953 (Cth) - relevant principles regarding validity of notices considered - where |
| Date: 16 Nov 2022 Judge: WIGNEY J |
97. BVZ21 v Minister for Home Affairs [2022] FCA 1344
| MIGRATION - applicant an unlawful non-citizen in Australian immigration detention for over seven years - application seeking writ of mandamus requiring Commonwealth to discharge duty to remove as soon as reasonably practicable under s 198 of |
| Date: 15 Nov 2022 Judge: WIGNEY J |
98. Edwards v Nine Network Australia Pty Ltd (No 3) [2022] FCA 1375
| PRACTICE AND PROCEDURE - applicant's interlocutory application for defamatory meaning to be determined separately, interrogatories to be ordered and subpoenas to be issued to respondent's three witnesses - where application partly arose by reason of |
| Date: 15 Nov 2022 Judge: WIGNEY J |
99. AEI Insurance Group Pty Ltd v Martin [2022] FCA 1384
| CORPORATIONS - application for interlocutory injunction - employment contract - restraint, termination and confidentiality clauses - breach of restraint - where clients of the plaintiff were provided with the defendant's phone number and |
| Date: 9 Nov 2022 Judge: WIGNEY J |
100. Edwards v Nine Network Australia Pty Ltd (No 2) [2022] FCA 1332
| PRACTICE AND PROCEDURE - application by respondent to amend defence - consideration of applicable principles on grant of leave to amend - proposed amendments raise new justification defence, new contextual imputation and new or amended particulars - |
| Date: 8 Nov 2022 Judge: WIGNEY J |
