Browse FCAFC Judgments
Published last 30 days
| NPA | Date | |
|---|---|---|
| Admiralty | Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53 ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the Judge: BURLEY, SARAH C DERRINGTON AND |
29 Apr 2025 |
| Employment | Central Goldfields Shire Council v Australian Municipal, Administrative, Clerical and Services Union [2025] FCAFC 59 INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how Judge: COLLIER, SNADEN AND RAPER JJ |
29 Apr 2025 |
| Commercial | SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60 COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of Judge: PERRAM, BROMWICH AND COLVIN JJ |
24 Apr 2025 |
| Taxation | Merchant v Commissioner of Taxation [2025] FCAFC 56 TAXATION – schemes to reduce tax pursuant to Part IVA of the Income Tax Assessment Act 1936 (Cth) – where vendor incurs a substantial capital loss on related party share sale but there is no effective alteration of control – whether primary Judge: LOGAN, MCELWAINE AND HESPE JJ |
22 Apr 2025 |
| Administrative | Hassan (formerly AFX21) v Minister for Home Affairs [2025] FCAFC 57 TORT – where appellant medically evacuated to Australia from offshore immigration detention in Papua New Guinea – where appellant requested removal to Papua New Guinea under s 198(1) of Migration Act 1958 (Cth) – where appellant remained in Judge: KATZMANN, THAWLEY AND KENNETT JJ |
22 Apr 2025 |
| Commercial | Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58 CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ |
22 Apr 2025 |
| Native title | Charlie v State of Queensland [2025] FCAFC 55 NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous Judge: PERRY, BURLEY AND SARAH C DERRINGTON JJ |
17 Apr 2025 |
| Administrative | Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2025] FCAFC 54 ADMINISTRATIVE LAW – proper construction of s 10(3)(c) of National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) (National Health Rules) – whether development approval under Planning Act 2016 (Qld) is required Judge: COLLIER ACJ, ROFE AND HORAN JJ |
15 Apr 2025 |
| Native title | Malone v B&M Aboriginal Corporation (In Administration) (No 2) [2025] FCAFC 51 COSTS – appeal from orders made in an interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) concerning payments required to be made under an Indigenous Land Use Agreement (ILUA) by a petroleum exploration and production Judge: O'BRYAN, HALLEY AND HORAN J |
11 Apr 2025 |
| Intellectual property | Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49 COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – Judge: CHEESEMAN, JACKMAN AND OWENS JJ |
10 Apr 2025 |
| Commercial | IREN Ltd v PricewaterhouseCoopers Inc in its capacity as foreign representative of IE CA 3 Holdings Ltd [2025] FCAFC 52 BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s Judge: SARAH C DERRINGTON, STEWART and FEUTRILL JJ |
11 Apr 2025 |
| Commercial | Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd (No 2) [2025] FCAFC 50 COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause Judge: PERRY, MCEVOY AND MCDONALD JJ |
11 Apr 2025 |
| Commercial | CEG Direct Securities Pty Ltd v Cooper as liquidator of Runtong Investment and Development Pty Ltd (in liq) [2025] FCAFC 47 CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ |
9 Apr 2025 |
| Administrative | Crawford v State of Western Australia (No 2) [2025] FCAFC 48 COSTS – where unsuccessful appellant sought order that the parties bear their own costs of the appeal and of the application at first instance – court’s discretion as to costs – whether public interest character of litigation justifies Judge: MORTIMER CJ, STEWART AND O’BRYAN JJ |
9 Apr 2025 |
| Employment | Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2025] FCAFC 45 INDUSTRIAL LAW –– whether rostered stand-by duty is “work” under Air Pilots Award – whether rostered stand-by duty is paid work – whether Air Pilots Award provides for averaging of hours of work – whether authorised leave should be Judge: LOGAN, DOWLING AND MCDONALD JJ |
4 Apr 2025 |
| Commercial | Insurance Australia Limited t/as CGU Insurance v Capral Limited [2025] FCAFC 46 PRACTICE AND PROCEDURE – application for leave to appeal from order answering separate questions – application for leave to appeal granted – appeal dismissed INSURANCE – general products and liability policy – where applicant supplied Judge: THAWLEY, DOWNES AND SHARIFF JJ |
3 Apr 2025 |
| Commercial | HBSY Pty Ltd v Lewis (No 2) [2025] FCAFC 44 BANKRUPTCY AND INSOLVENCY – effect of discharge – where an intermeddling executor-beneficiary misappropriates estate funds – where the executor-beneficiary is discharged from bankruptcy – whether the executor-beneficiary’s obligation to Judge: MARKOVIC, DOWNES and KENNETT JJ |
3 Apr 2025 |
| Commercial | Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2025] FCAFC 43 APPEAL – where appellant alleges breach of s 45 of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – where issue arises as to derivative Crown immunity – where similar ACCC proceedings in Federal Court of Judge: LEE, COLVIN AND STEWART JJ |
3 Apr 2025 |
| Administrative | Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2025] FCAFC 41 ADMINISTRATIVE LAW – procedural fairness – primary judge ordered matter to be determined without an oral hearing pursuant to s 20A of the Federal Court of Australia Act 1976 (Cth) – where no issues of fact to be determined – where issue Judge: SARAH C DERRINGTON, NESKOVCIN AND VANDONGEN JJ |
2 Apr 2025 |
| Commercial | Mangano v Bullen [2025] FCAFC 42 BANKRUPTCY AND INSOLVENCY – appeal from a sequestration order – where appeal by way of rehearing – where primary judge was not satisfied that debtor had discharged her onus to prove that she was able to pay her debts within the meaning of s Judge: CHEESEMAN, SHARIFF AND NEEDHAM JJ |
2 Apr 2025 |
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