Browse Federal Court JudgmentsBy Judge - Younan J |
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(Younan
J)
: 40
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| CORPORATIONS – freezing orders – construction of r 7.35(5) of the Federal Court Rules 2011 (Cth) – third-party freezing orders made against trustees of discretionary trusts – where judgment debtor or prospective judgment debtor was |
| Date: 22 May 2026 Judge: Beach, Button and Younan JJ |
2. JABW Pty Ltd v Estate of the late Williams, in the matter of the late Williams [2026] FCA 626
| BANKRUPTCY – application for an extension of time to review decision of a registrar under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) that the deceased estate be administered under Part XI of the Bankruptcy Act 1966 (Cth) – |
| Date: 21 May 2026 Judge: YOUNAN J |
3. HKRC v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 70
| MIGRATION – appeal from decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed a decision of a delegate of the |
| Date: 21 May 2026 Judge: ABRAHAM, DOWNES and YOUNAN JJ |
| EVIDENCE – opinion evidence – admissibility of expert report – failure to articulate significant factual assumptions on which opinion is based – failure to explain how the field of specialised knowledge applies to facts assumed or observed |
| Date: 5 May 2026 Judge: YOUNAN J |
5. ABC19 v Minister for Immigration and Citizenship [2026] FCA 449
| MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – Administrative Appeals Tribunal affirmed decision of the Minister’s delegate not to grant appellant |
| Date: 21 Apr 2026 Judge: YOUNAN J |
6. Minister for Immigration and Citizenship v Singh [2026] FCAFC 42
| MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) quashing decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant Partner |
| Date: 13 Apr 2026 Judge: RANGIAH, MCDONALD AND YOUNAN JJ |
7. Secretary, Department of Health, Disability and Ageing v AG Therapeutics Pty Ltd [2026] FCA 333
| CORPORATIONS – application for leave to proceed against fourth respondent (in liquidation) pursuant to s 500(2) of the Corporations Act 2001 (Cth) – exercise of discretion – alleged contraventions of the Therapeutic Goods Act 1989 (Cth) – |
| Date: 26 Mar 2026 Judge: YOUNAN J |
8. CVH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 318
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant the |
| Date: 26 Mar 2026 Judge: YOUNAN J |
9. EKY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 327
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant the |
| Date: 26 Mar 2026 Judge: YOUNAN J |
10. SZRQJ v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 312
| MIGRATION – application for extension of time to seek leave to appeal from summary judgment of federal magistrate – applicant did not attend hearing – no explanation provided – conduct indicative of want of prosecution – application |
| Date: 20 Mar 2026 Judge: YOUNAN J |
| MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant appellants Protection (Class XA) |
| Date: 9 Mar 2026 Judge: YOUNAN J |
12. Malielegaoi v Minister for Immigration and Citizenship [2026] FCA 171
| MIGRATION – application for extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) – failure of applicant to specify why it is necessary in the interests of the administration of justice to make the order sought – absence of |
| Date: 27 Feb 2026 Judge: YOUNAN J |
13. Commissioner of Taxation v Baya Casal [2026] FCAFC 11
| TAXATION – appeal from the decision of the primary judge setting aside objection decision – objection to private ruling under Div 359 of Sch 1 to the Taxation Administration Act 1953 (Cth) – where the respondent was a part time employee paid |
| Date: 20 Feb 2026 Judge: HESPE, BUTTON AND YOUNAN JJ |
14. 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 |
| CORPORATIONS – application by administrators to extend convening period for second meeting of creditors pursuant to s 447A(1) of the Corporations Act 2001 (Cth) – extension in best interest of creditors and members – application granted |
| Date: 16 Jan 2026 Judge: YOUNAN J |
16. Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 2) [2026] FCA 8
| BANKRUPTCY – ex parte application for injunction under s 30(1)(b) of the Bankruptcy Act 1966 (Cth) – freezing orders granted to prevent third party dealing with, or exercising rights in relation to, registered mortgage – risk of conduct |
| Date: 16 Jan 2026 Judge: YOUNAN J |
17. DVJ19 v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2025] FCA 1513
| COSTS – apportionment of costs – where respondent concedes error on appeal – where conceded error not material to outcome – whether costs should follow the event |
| Date: 4 Dec 2025 Judge: YOUNAN J |
18. Australian National University v McGary [2025] FCAFC 164
| ADMINISTRATIVE LAW – appeal from judicial review of decision of Appeals Committee under the Appeals Rule 2018 (Cth) affirming decision of Vice-Chancellor's nominee – scope of review of Appeals Committee – construction of delegated legislation |
| Date: 26 Nov 2025 Judge: BANKS-SMITH, YOUNAN AND BENNETT JJ |
19. GFE24 v Minister for Immigration and Citizenship FCAFC [2025] 165
| MIGRATION – application for extension of time – application granted MIGRATION – appeal by way of rehearing – whether Minister required to have regard to Tribunal’s reasons for decision before revoking visa – whether Minister’s |
| Date: 21 Nov 2025 Judge: COLLIER, JACKMAN and YOUNAN JJ |
20. BYM23 v Minister for Immigration and Citizenship [2025] FCA 1435
| MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed a decision of the Minister’s delegate refusing |
| Date: 19 Nov 2025 Judge: YOUNAN J |
21. SZVUO v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1413
| MIGRATION – application for leave to appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where applicant sought Medical Treatment (Visitor) (Class UB) visa – |
| Date: 18 Nov 2025 Judge: YOUNAN J |
22. DVJ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1414
| MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Immigration Assessment Authority affirmed decision not to grant a Safe Haven Enterprise Visa |
| Date: 18 Nov 2025 Judge: YOUNAN J |
23. Coote v Forza Marketing Pty Ltd, in the matter of Coote [2025] FCA 1370
| BANKRUPTCY – review of Registrar’s decision not to set aside bankruptcy notice – s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – whether bankruptcy notice served on second applicant – reg 102(1)(d) of the Bankruptcy |
| Date: 13 Nov 2025 Judge: YOUNAN J |
24. Roy v Minister for Immigration and Citizenship [2025] FCA 1371
| MIGRATION – application for leave to appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for reinstatement of an application for judicial review – no appearance by the applicants at |
| Date: 10 Nov 2025 Judge: YOUNAN J |
| PRACTICE AND PROCEDURE – application under s 23 of the Federal Court of Australia Act 1976 (Cth) to restrain respondent’s counsel from continuing to act in proceeding – where past association with applicant’s expert witness – where no |
| Date: 3 Nov 2025 Judge: YOUNAN J |
26. LFDB v SM (No 6) [2025] FCA 1319
| PRACTICE AND PROCEDURE – inspection of documents by party to proceeding under r 2.32(1)(b) of the Federal Court Rules 2011 (Cth) – scope of suppression orders – where consolidation of proceedings – direction to Registrar under r 1.37 of the |
| Date: 31 Oct 2025 Judge: YOUNAN J |
27. Oracle Corporation Australia Pty Ltd v Commissioner of Taxation [2025] FCAFC 145
| PRACTICE AND PROCEDURE – stay of proceedings under s 23 of Federal Court of Australia Act 1976 (Cth) – public interest considerations – double taxation treaties – mutual agreement procedure (MAP) – where primary judge refused Appellants’ |
| Date: 21 Oct 2025 Judge: HESPE, BUTTON AND YOUNAN JJ |
28. Zhang v Commissioner of Taxation [2025] FCA 1230
| INCOME TAX – application to set aside garnishee notice issued under the Taxation Administration Act 1953 (Cth) ADMINISTRATIVE LAW – judicial review – whether ‘re-raise’ on Statement of Account is reviewable under the Administrative |
| Date: 9 Oct 2025 Judge: YOUNAN J |
29. Cox (Administrator) v Mahommed, in the matter of Mahommed [2025] FCA 1063
| BANKRUPTCY AND INSOLVENCY – creditor’s petition for a sequestration order against the respondent debtor under s 43 of the Bankruptcy Act 1966 (Cth) – where failure to comply with bankruptcy notice – whether act of bankruptcy under s 40(1)(g) |
| Date: 19 Sep 2025 Judge: YOUNAN J |
30. Noorton Pty Ltd v Construction, Forestry and Maritime Employees Union [2025] FCAFC 120
| INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where respondents alleged the appellant contravened s 45 of the Fair Work Act 2009 (Cth) – whether the Ports, Harbours and Enclosed Water |
| Date: 2 Sep 2025 Judge: RAPER, HATCHER AND YOUNAN JJ |
31. Royal Embassy of Saudi Arabia Cultural Mission v Saleh [2025] FCA 926
| PRACTICE AND PROCEDURE – application for disqualification of a judge on the ground of apprehended bias – where judge as counsel provided advice to non-parties to the substantive proceeding on unrelated issues - where judge potentially received |
| Date: 6 Aug 2025 Judge: YOUNAN J |
32. Hanson v Burston (No 3) [2025] FCA 761
| PRACTICE AND PROCEDURE – application to amend points of claim under r 16.53 of the Federal Court Rules 2011 (Cth) to provide further particulars of an existing claim – where proposed amendment introduces a claim for issue estoppel – whether |
| Date: 11 Jul 2025 Judge: YOUNAN J |
33. Roadshow Films Pty Limited v Telstra Limited [2025] FCA 744
| INTELLECTUAL PROPERTY – copyright – application for injunction under s 115A of the Copyright Act 1968 (Cth) – whether site blocking orders should be made against carriage service providers – whether online locations outside of Australia |
| Date: 9 Jul 2025 Judge: YOUNAN J |
34. Gidley, in the matter of Steel City Formwork (in liquidation) [2025] FCA 739
| CORPORATIONS – winding up – public examinations – review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) of Registrar’s orders for production of documents – scope of power pursuant to s 596B of the Corporations Act 2001 (Cth |
| Date: 3 Jul 2025 Judge: YOUNAN J |
35. Payload Industries Pty Ltd v Melco Engineering Pty Ltd (Administrators Appointed) [2025] FCA 701
| CORPORATIONS – application to adjourn winding up of a company to enable a deed of company arrangement proposal to be considered at the second meeting of creditors – application granted |
| Date: 26 Jun 2025 Judge: YOUNAN J |
36. LFDB v SM (No 5) [2025] FCA 654
| PRACTICE AND PROCEDURE – application for substituted service of interlocutory application under r 10.24 of the Federal Court Rules 2011 (Cth) – attempted service on previous legal representatives – respondent may be outside Australia – |
| Date: 20 Jun 2025 Judge: YOUNAN J |
37. Fung, in the matter of Bradford Insulation (S.A.) Pty Limited (in liquidation) [2025] FCA 653
| CORPORATIONS – application for replacement of liquidator with other liquidators at the same firm pursuant to s 499(3) of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) – ancillary orders |
| Date: 20 Jun 2025 Judge: YOUNAN J |
38. Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 82
| MIGRATION – application for judicial review of decision under s 501CA of the Migration Act 1958 (Cth) not to revoke cancellation of appellant’s visa – Ministerial Direction under s 499 of Migration Act 1958 (Cth) – whether Tribunal punished |
| Date: 20 Jun 2025 Judge: O'SULLIVAN, DOWLING AND YOUNAN JJ |
| CORPORATIONS – application for reinstatement of registration of company and appointment of liquidator pursuant to s601AH of the Corporations Act 2001 (Cth) – whether plaintiff an aggrieved person – where purpose of proposed reinstatement is to |
| Date: 16 Jun 2025 Judge: YOUNAN J |
40. Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61
| CONTRACTS – where appellant’s accreditation was suspended at the respondent’s hospital – whether suspension decision was in breach of alleged contract between appellant and respondent – where finding of breach of contract not supported by |
| Date: 1 May 2025 Judge: BUTTON, DOWLING AND YOUNAN JJ |
