Browse FCAFC Judgments
Published last 30 days
| NPA | Date | |
|---|---|---|
| Intellectual property | Lift Shop Pty Ltd v Next Level Elevators Pty Ltd [2025] FCAFC 108 COPYRIGHT – additional damages – whether primary judge erred in determining entitlement to additional damages in advance of determining quantum and prior to the applicant’s election – whether primary judge erred in her approach to assessing Judge: FEUTRILL, NESKOVCIN AND MOORE JJ |
21 Aug 2025 |
| Employment | Australian Workers’ Union v UGL Resources (Contracting) Pty Ltd [2025] FCAFC 107 INDUSTRIAL LAW – construction of clause 14.8 of the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2019 – whether Shift Over Cycle rates payable to certain employees who worked shifts greater than 10 hours in duration – Judge: RAPER, DOWLING AND LONGBOTTOM JJ |
20 Aug 2025 |
| Administrative | Director, Professional Services Review v Yoong (No 2) [2025] FCAFC 106 PRACTICE AND PROCEDURE – application for stay of judgment orders pending appeal – relevant considerations – whether stay should operate retroactively from date of judgment orders – failure to seek stay at the time of judgment due to the Judge: O'BRYAN, ROFE AND HORAN JJ |
8 Aug 2025 |
| Employment | 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 Judge: WHEELAHAN, SNADEN AND DOWLING JJ |
14 Aug 2025 |
| Other | The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104 TRUSTS AND TRUSTEES – whether constructive trust should be imposed over copyright in video images obtained and created through trespass – discussion of legal principles – where circumstances involving invasion of legal or equitable rights of Judge: BURLEY, JACKMAN, HORAN JJ |
13 Aug 2025 |
| Intellectual property | Fanatics, LLC v FanFirm Pty Limited (Costs) [2025] FCAFC 111 COSTS – whether appropriate to apportion costs according to mixed success – whether costs should follow the event Judge: BURLEY, JACKSON AND DOWNES JJ |
11 Aug 2025 |
| Administrative | Zhu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCAFC 101 MIGRATION – Public interest criterion (PIC) 4003(b) of the Migration Regulations 1994 (Cth) – Where cl 500.217 of the Regulations requires satisfaction of PIC 4003(b) – Whether PIC 4003(b) repugnant to the Migration Act 1958 (Cth) and Judge: RANGIAH, BURLEY AND MEAGHER JJ |
11 Aug 2025 |
| Administrative | Luck v Secretary, Services Australia (Vexatious Proceedings Order) [2025] FCAFC 103 HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (the Act) – where the appellant has a long and active career as a litigant in Australian courts and tribunals – Judge: ROFE, HESPE AND KENNETT JJ |
11 Jun 2025 |
| Administrative | Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 102 MIGRATION – appeal from decision of primary judge – whether primary judge erred in finding the Administrative Appeals Tribunal (Tribunal) did not deny the appellant procedural fairness – where Tribunal affirmed decision not to revoke Judge: RANGIAH, JACKSON AND MEAGHER JJ |
8 Aug 2025 |
| Administrative | National Disability Insurance Agency v Warwick [2025] FCAFC 100 ADMINISTRATIVE LAW - proper construction of r 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) - meaning of the phrase 'day-to-day living costs (for example, rent, groceries and utility fees) that are Judge: COLVIN, JACKSON AND STELLIOS JJ |
4 Aug 2025 |
| Administrative | X Corp v eSafety Commissioner [2025] FCAFC 99 APPEAL AND NEW TRIAL – appeal from judgment dismissing an application for judicial review – where primary judge made findings as to the meaning and application of foreign law after hearing competing expert evidence – whether primary judge Judge: MURPHY, CHARLESWORTH AND HORAN JJ |
31 Jul 2025 |
| Administrative | Snow v Secretary, Department of Social Security [2025] FCAFC 98 PRACTICE AND PROCEDURE – Application for adjournment – Consideration of s 37M Federal Court of Australia Act 1976 (Cth) – Appellant’s health conditions – Unchallenged evidence of health conditions – Appellant litigant in person – Judge: O’CALLAGHAN, GOODMAN AND MEAGHER JJ |
21 Jul 2025 |
| Commercial | AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2025] FCAFC 97 PRACTICE AND PROCEDURE – suppression or non-publication orders – where the respondent filed an interlocutory application seeking suppression or non-publication orders in respect of four figures in the judgment of the Full Court on the basis of Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ |
30 Jul 2025 |
| Commercial | Karpik v Carnival plc (The Ruby Princess) [2025] FCAFC 96 CONSUMER LAW – cross-appeal – purpose guarantee in s 61(1) and result guarantee in s 61(2) of the Australian Consumer Law (ACL) – alleged error in finding that purpose and result of acquiring services was to have a “safe, relaxing and Judge: MARKOVIC, SARAH C DERRINGTON AND JACKSON JJ |
29 Jul 2025 |
| Commercial | Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) (No 2) [2025] FCAFC 94 PRACTICE AND PROCEDURE – appeals – costs –entitlement of a “successful” party to costs of proceedings before the primary judge – appellant having achieved substantive success in proceedings – respondent (applicant below) having Judge: DERRINGTON, COLVIN AND MCEVOY JJ |
25 Jul 2025 |
| Administrative | Director, Professional Services Review v Yoong [2025] FCAFC 95 ADMINISTRATIVE LAW – appeal from decision of primary judge – validity of notices given under ss 89B and 106ZPM of Health Insurance Act 1973 (Cth) – where review undertaken by Director of services provided by respondent during specified period Judge: O'BRYAN, ROFE AND HORAN JJ |
25 Jul 2025 |
| Commercial | Australian Securities and Investments Commission v Wallet Ventures Pty Ltd [2025] FCAFC 93 CORPORATIONS – meaning of debenture in s 9 of the Corporations Act 2001 (Cth) – where respondent operated a digital currency exchange through which customers could buy and sell certain cryptocurrencies – where respondent also offered a Finder Judge: STEWART, CHEESEMAN AND MEAGHER JJ |
24 Jul 2025 |
| Other | DHI22 v Qatar Airways Group QCSC (No 2) [2025] FCAFC 92 PRIVATE INTERNATIONAL LAW – foreign State immunity – whether proceeding “concerns” a commercial transaction or like activity – where separate entity responsible for management of commercial airport – where separate entity entered Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
24 Jul 2025 |
| Other | DHI22 v Qatar Airways Group QCSC (No 1) [2025] FCAFC 91 AVIATION – carriers’ liability – where applicants had boarded flight at Doha airport bound for Sydney – where aircraft had been waiting at gate for hours – where applicants allege that all women passengers were directed to leave the Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
24 Jul 2025 |
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