Recent Cases

Selkirk v Wyatt [2024] FCAFC 48 (15 April 2024) (Besanko, Anderson and O’Sullivan JJ)

Catchwords: DEFAMATION — appeal from orders of primary judge dismissing defamation proceeding — where matter governed by, inter alia, s 10A of the Defamation Act 2005 (Vic) where the primary judge identified three separate questions — where the primary judge found that “serious harm” within the meaning of s 10A(1) of the Defamation Act not […]

Selkirk v Wyatt [2024] FCAFC 48 (15 April 2024) (Besanko, Anderson and O’Sullivan JJ) Read More »

Mohareb v Health Care Complaints Commission [2024] NSWCA 79 (11 April 2024) (Kirk JA and Griffiths AJA)

Orders: By consent, the Court makes the following orders: 1. Set aside the orders (1) and (2) made by Justice Weinstein on 16 October 2023 in the proceedings below. 2. Declare that the review decision made by the Respondent on 25 November 2022 is invalid on the basis that the decision lacked a rational foundation

Mohareb v Health Care Complaints Commission [2024] NSWCA 79 (11 April 2024) (Kirk JA and Griffiths AJA) Read More »

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49 (12 April 2024) (Mortimer CJ; Rangiah and O’Bryan JJ)

Catchwords: NATIONAL NATIVE TITLE TRIBUNAL – appeal – appropriate orders for remittal of proceeding where appeal allowed on one ground only – s 169(7) Native Title Act 1993 (Cth) – order made remitting matter to heard by the National Native Title Tribunal without further evidence, subject only to proper cause being shown and the Tribunal

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49 (12 April 2024) (Mortimer CJ; Rangiah and O’Bryan JJ) Read More »

Wright v State of New South Wales [2024] NSWCA 77 (11 April 2024) (Gleeson, Mitchelmore and Stern JJA)

Catchwords: WORKERS COMPENSATION – Medical assessment – Degree of permanent impairment as a result of an injury – Where medical assessor assessed appellant as having whole person impairment of 19% – Where primary judge found medical assessor had exceeded his statutory jurisdiction having regard to an estoppel arising from the terms of a Certificate of

Wright v State of New South Wales [2024] NSWCA 77 (11 April 2024) (Gleeson, Mitchelmore and Stern JJA) Read More »

Huynh v Ledinh Sovereign Super Pty Ltd [2024] NSWCA 78 (11 April 2024) (Bell CJ, Payne and Kirk JJA)

Catchwords: CONTRACTS – Unjust contracts – Contracts Review Act 1980 (NSW), ss 7, 9 – Whether 6% monthly simple interest provision was relevantly unjust – Where mortgage was provided to a “lender of last resort” – Where debtor was advised by an independent solicitor of the applicable interest rates – Where primary judge varied the

Huynh v Ledinh Sovereign Super Pty Ltd [2024] NSWCA 78 (11 April 2024) (Bell CJ, Payne and Kirk JJA) Read More »

Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46 (11 April 2024) (O’Callaghan, Halley and Button JJ)

Catchwords: CONSUMER LAW – whether primary judge erred in finding that certain promotional materials did not convey alleged representations under ss 18 and 29 of the Australian Consumer Law – where respondents ceased to trade after hearing of appeal and before delivery of reasons – where certain grounds of appeal proposed to be allowed –

Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46 (11 April 2024) (O’Callaghan, Halley and Button JJ) Read More »

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied. Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant’s visa mandatorily cancelled under s 501(3A) of

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

Johnston v Boyd [2024] NSWCA 75 (10 April 2024) (Adamson JA and Basten AJA)

Catchwords: APPEAL AND REVIEW – appeal from judicial review of costs assessment – application for leave – judicial review refused on discretionary grounds – failure to follow prescribed procedure for review and appeal – allegation of procedural unfairness for failure to grant further adjournment not established – no arguable error on part of primary judge

Johnston v Boyd [2024] NSWCA 75 (10 April 2024) (Adamson JA and Basten AJA) Read More »

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent’s representations, draft

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

Oliveri Legal Pty Ltd t/as Oliveri Lawyers v Cassegrain Tea Tree Oil Pty Ltd [2024] NSWCA 74 (09 April 2024) (Gleeson and Mitchelmore JJA, Basten AJA)

Catchwords: CORPORATIONS — directors and officers — ostensible authority — whether company held out managing director as having authority to bind it to indemnity — where nature of indemnity was not outside of the normal course of the company’s activities CORPORATIONS — directors and officers — actual authority — whether managing director had actual authority

Oliveri Legal Pty Ltd t/as Oliveri Lawyers v Cassegrain Tea Tree Oil Pty Ltd [2024] NSWCA 74 (09 April 2024) (Gleeson and Mitchelmore JJA, Basten AJA) Read More »

Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45 (05 April 2024) (Katzmann, Snaden and Raper JJ)

Catchwords: INDUSTRIAL LAW – judicial review of decision of a full bench of the Fair Work Commission (FWC) under s 39B of Judiciary Act 1903 (Cth) – alleged unfair dismissals – dismissals effected for operational reasons – whether dismissals were cases of genuine redundancy – where FWC was not satisfied dismissals were cases of genuine

Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45 (05 April 2024) (Katzmann, Snaden and Raper JJ) Read More »

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 2) [2024] NSWCA 72 (04 April 2024) (Ward P, Gleeson and White JJA)

Catchwords: COSTS – Party/Party – as to the costs of the proceedings at first instance, whether should be deduction to reflect costs incurred prior to amendment of summons in relation to claims or contentions then abandoned – Whether parties should bear their own costs in respect of a notice of motion filed by the second

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 2) [2024] NSWCA 72 (04 April 2024) (Ward P, Gleeson and White JJA) Read More »

Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 (04 April 2024) (Leeming, Kirk and Stern JJA)

Catchwords: TRAFFIC LAW AND TRANSPORT – traffic law – motor accident legislation – Motor Accident Injuries Act 2017 (NSW) – meaning of “medical dispute” under Act – actual medical dispute between the claimant and the insurer about the relevant medical assessment matter – question of fact depending on the ambit of dispute between the parties

Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 (04 April 2024) (Leeming, Kirk and Stern JJA) Read More »

Bugmy v Director of Public Prosecutions (NSW) [2024] NSWCA 70 (04 April 2024) (Leeming and Mitchelmore JJA, Basten AJA)

Catchwords: BAIL – breach of condition – arrest without warrant – applicant convicted of resisting officer in execution of duty – police officer reasonably believed applicant had not complied with bail condition – s 77(1) of Bail Act 2013 (NSW) empowered officer to take one of six actions, one of which was arrest – s

Bugmy v Director of Public Prosecutions (NSW) [2024] NSWCA 70 (04 April 2024) (Leeming and Mitchelmore JJA, Basten AJA) Read More »

Bluth v Boyded Industries Pty Ltd [2024] NSWCA 67 (04 April 2024) (Bell CJ, Gleeson and Harrison JJA)

Catchwords: APPEALS – from finding of fact – credibility of witness – where credibility informed assessment of competing contemporaneous documentary, affidavit, and oral evidence at trial – where credibility fell to be assessed having regard to evidentiary inconsistences in an individual’s affidavit and oral evidence at trial in determining what he would have done in

Bluth v Boyded Industries Pty Ltd [2024] NSWCA 67 (04 April 2024) (Bell CJ, Gleeson and Harrison JJA) Read More »

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd (No 2) [2024] FCAFC 44 (02 April 2024) (Yates, Markovic and Kennett JJ)

Catchwords: COSTS – application for lump sum costs order calculated on an indemnity basis – whether the failure of the applicants to accept an offer of compromise was unreasonable – where offer of compromise included payment of costs other than legal costs – where rejection of offer was not unreasonable – whether costs should be

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd (No 2) [2024] FCAFC 44 (02 April 2024) (Yates, Markovic and Kennett JJ) Read More »

Mohareb v State of New South Wales (No 2) [2024] NSWCA 69 (28 March 2024) (Gleeson and Stern JJA)

Catchwords: JUDGMENTS AND ORDERS — Court of Appeal — motion to set aside order refusing leave to appeal —application under UCPR, rr 36.15, 36.16, 36.17 — whether orders made against good faith — where no misconduct or dishonourable conduct by the respondents — whether Court misapprehended the applicant’s evidence or submissions — where no basis

Mohareb v State of New South Wales (No 2) [2024] NSWCA 69 (28 March 2024) (Gleeson and Stern JJA) Read More »

Jackson v Furner [2024] NSWCA 66 (27 March 2024) (Payne and Mitchelmore JJA, Griffiths AJA)

Catchwords: NEGLIGENCE — Personal injuries — slip and fall during open for inspection — admission that driveway had recently been painted — whether non-slip paint was used — whether evidence was that driveway was slippery — whether primary judge erred in finding witness’ evidence unreliable

Jackson v Furner [2024] NSWCA 66 (27 March 2024) (Payne and Mitchelmore JJA, Griffiths AJA) Read More »

Mohareb v Office of the Director of Public Prosecutions (NSW) [2024] NSWCA 68 (27 March 2024) (Griffiths AJA)

Catchwords: CIVIL PROCEDURE – Service – application for substituted service under r 10.14(3) of the Uniform Civil Procedure Rules 2005 (NSW) – where not practicable to serve originating process and related documents personally CONTEMPT – Arrest – application for Court to issue warrant for arrest of contemnor under Pt 55 r 10 of the Supreme

Mohareb v Office of the Director of Public Prosecutions (NSW) [2024] NSWCA 68 (27 March 2024) (Griffiths AJA) Read More »

Commonwealth of Australia v De Pyle [2024] FCAFC 43 (26 March 2024) (O’Callaghan, Raper and Button JJ)

Catchwords: PRACTICE AND PROCEDURE – where primary judge refused interlocutory application by the Commonwealth for certain suppression orders – where evidence adduced from responsible officer that suppression orders necessary to prevent prejudice to national security and to protect the safety of a person – where such evidence not contradicted – where the Commonwealth and the

Commonwealth of Australia v De Pyle [2024] FCAFC 43 (26 March 2024) (O’Callaghan, Raper and Button JJ) Read More »

AAI Limited trading as GIO v Amos [2024] NSWCA 65 (26 March 2024) (Kirk and Adamson JJA, Basten AJA)

Catchwords: ADMINISTRATIVE LAW — procedural fairness — decision of medical review panel made pursuant to Motor Accident Injuries Act 2017 (NSW) regarding percentage whole body impairment suffered by claimant in motor accident — decision quashed at first instance based on a denial of procedural fairness to the claimant — whether primary judge erred in finding

AAI Limited trading as GIO v Amos [2024] NSWCA 65 (26 March 2024) (Kirk and Adamson JJA, Basten AJA) Read More »

South East Forest Rescue Incorporated v Forestry Corporation of New South Wales [2024] NSWCA 64 (22 March 2024) (Griffiths AJA)

Catchwords: INTERLOCUTORY APPLICATIONS – interim injunction – forestry operations – assumption that serious question to be tried – unexplained delay in seeking interlocutory relief – scope of relief sought too vague and uncertain – balance of convenience a neutral consideration

South East Forest Rescue Incorporated v Forestry Corporation of New South Wales [2024] NSWCA 64 (22 March 2024) (Griffiths AJA) Read More »

South Australian Water Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FCAFC 40 (21 March 2024) (Besanko, Charlesworth and Jackson JJ)

Catchwords: INDUSTRIAL LAW — appeal from a decision of the South Australian Employment Tribunal exercising its jurisdiction under the Fair Work Act 2009 (Cth) as the South Australian Employment Court (SAEC) — whether the SAEC erred in finding that cl 1.7 of the SA Water Corporation Enterprise Agreement 2018-2021 as varied by the SA Water

South Australian Water Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FCAFC 40 (21 March 2024) (Besanko, Charlesworth and Jackson JJ) Read More »

McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 (21 March 2024) (Payne and Adamson JJA, Griffiths AJA)

Catchwords: CIVIL PROCEDURE — Stay of proceedings — whether the home owner’s proceedings claiming damages should be stayed until payment of the judgment debt in favour of the builder obtained by filing an adjudication certificate under s 25 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) — operation and

McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 (21 March 2024) (Payne and Adamson JJA, Griffiths AJA) Read More »

DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41 (21 March 2024) (Beach, Wheelahan and O’Bryan JJ)

Catchwords: 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) – where Immigration Assessment Authority (Authority) affirmed delegate’s decision under s 473CC of the Act

DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41 (21 March 2024) (Beach, Wheelahan and O’Bryan JJ) Read More »

Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42 (20 March 2024) (Perram, Abraham and Button JJ)

Catchwords: TAXATION – Goods and Services Tax – where appellant paid invoices rendered by lawyers acting on behalf of individual beneficiaries and certain related entities – where appellant claimed input tax credits in respect of the payment of those invoices – where an individual who controlled the appellant instructed and received advice from lawyers –

Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42 (20 March 2024) (Perram, Abraham and Button JJ) Read More »

Secretary, Department of Communities and Justice v Stewart [2024] NSWCA 59 (20 March 2024) (Leeming and Stern JJA, Griffiths AJA)

Catchwords: STATUTORY INTERPRETATION – meaning of “unpaid leave” – whether a period of absence from work due to incapacity from an injury for which a worker was paid workers compensation constitutes a “period of unpaid leave” – cl 2(3)(a) of Sch 3 to the Workers Compensation Act 1987 (NSW) – reg 8E of the Workers

Secretary, Department of Communities and Justice v Stewart [2024] NSWCA 59 (20 March 2024) (Leeming and Stern JJA, Griffiths AJA) Read More »

MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38 (19 March 2024) (Yates, Burley and Jackman JJ)

Catchwords: PATENTS – construction of patent – invention of tooth construction for a mineral sizer – meaning of “front cover which is weldingly secured to and seated in face to face contact with the front face of the support body” – where primary judge rejected claim because, inter alia, “face to face contact” requires physical

MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38 (19 March 2024) (Yates, Burley and Jackman JJ) Read More »

Tratter v Aware Super [2024] FCAFC 36 (19 March 2024) (O’Callaghan, Anderson and McElwaine JJ)

Catchwords: SUPERANNUATION — appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit — where the trustee of the fund apportioned the death benefit 70% to the

Tratter v Aware Super [2024] FCAFC 36 (19 March 2024) (O’Callaghan, Anderson and McElwaine JJ) Read More »

Minister for Immigration, Citizenship and Multicultural Affairs v Mzapc [2024] FCAFC 34 (18 March 2024) (Sarah C Derrington, Colvin and Jackson JJ)

Catchwords: MIGRATION – application by Minister for leave to appeal against grant of interlocutory injunction restraining the removal of the respondent from Australia – where respondent has exhausted all avenues of review and appeal and does not contest that he is an unlawful non-citizen –where respondent has sought personal intervention of Minister under ss 195A

Minister for Immigration, Citizenship and Multicultural Affairs v Mzapc [2024] FCAFC 34 (18 March 2024) (Sarah C Derrington, Colvin and Jackson JJ) Read More »

Secretary, Department of Social Services v Vader (by his litigation guardian) [2024] FCAFC 37 (18 March 2024) (Perry, Charlesworth and Jackson JJ)

Catchwords: SOCIAL SECURITY – appeal from decision of Federal Court of Australia, dismissing an appeal on a question of law from a decision of the Administrative Appeals Tribunal concerning eligibility for the disability support pension – where respondent does not meet ordinary residency requirements for the pension– where respondent claims he meets residency requirements by

Secretary, Department of Social Services v Vader (by his litigation guardian) [2024] FCAFC 37 (18 March 2024) (Perry, Charlesworth and Jackson JJ) Read More »

Efex Group Pty Ltd v Bennett [2024] FCAFC 35 (15 March 2024) (Katzmann, Bromwich and Lee JJ)

Catchwords: INDUSTRIAL LAW — nature of employment relationship — effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 — where contract

Efex Group Pty Ltd v Bennett [2024] FCAFC 35 (15 March 2024) (Katzmann, Bromwich and Lee JJ) Read More »

Trinh v Medical Council of New South Wales [2024] NSWCA 58 (15 March 2024) (Mitchelmore JA; Basten AJA; Griffiths AJA)

Catchwords: ADMINISTRATIVE LAW – functions conferred on professional council – power to delegate functions – no power to delegate power to delegate – delegation of function to persons appointed by Executive officer – whether delegation valid OCCUPATIONS – medical practitioners –misconduct and discipline – power to suspend registration – delegation of power – delegation to

Trinh v Medical Council of New South Wales [2024] NSWCA 58 (15 March 2024) (Mitchelmore JA; Basten AJA; Griffiths AJA) Read More »

Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57 (15 March 2024) (Mitchelmore JA at [1]; Stern JA at [114]; Harrison CJ at CL at [115])

Catchwords: NEGLIGENCE — personal injury — patient conveyed in hospital bed impacting with a wall — challenges to factual findings — foreseeability of risk NEGLIGENCE — causation — whether impact caused patient’s symptoms — conflicting expert evidence on causation NEGLIGENCE — assessment of damages — past economic loss — assessment of earnings of respondent but

Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary [2024] NSWCA 57 (15 March 2024) (Mitchelmore JA at [1]; Stern JA at [114]; Harrison CJ at CL at [115]) Read More »

Franks v Cameron [2024] NSWCA 56 (15 March 2024) (Leeming, Adamson and Stern JJA)

Catchwords: PROCEDURE – dismissal for default – summons seeking appointment of trustees for sale of co-owned land – cross-claim seeking orders that defendant/cross-claimant was sole owner – cross-claimant did not appear at hearing – formal application for adjournment based on loss of legal representation, not being supplied with documents and psychiatric injury – informal application

Franks v Cameron [2024] NSWCA 56 (15 March 2024) (Leeming, Adamson and Stern JJA) Read More »

Comcare v Simeoni [2024] FCAFC 31 (15 March 2024) (Rangiah, Halley and O’Sullivan JJ)

Catchwords: WORKERS’ COMPENSATION – appeal against decisions of Administrative Appeals Tribunal – whether Tribunal failed to consider evidence of expert witness – whether inference available that expert evidence was considered immaterial or of no weight – appropriate inference that expert evidence was overlooked – appeal allowed

Comcare v Simeoni [2024] FCAFC 31 (15 March 2024) (Rangiah, Halley and O’Sullivan JJ) Read More »

C & v Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52 (13 March 2024) (Leeming and Stern JJA)

Catchwords: APPEALS – leave to appeal – monetary threshold – principles governing grant of leave to appeal below monetary threshold – whether application identified issue of principle, question of general public importance or reasonably clear injustice – whether application goes beyond being merely arguable

C & v Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52 (13 March 2024) (Leeming and Stern JJA) Read More »

Dalton and Schaeffer as Executors of the Estate of the Late John Herman Schaeffer v Naegeli [2024] NSWCA 51 (13 March 2024) (Ward P, Stern JA and Griffiths AJA)

Catchwords: GUARANTEE AND INDEMNITY – actions to enforce guarantee – defences to – unconscionable conduct – whether primary judge erred in finding that respondent did not act unconscionably in procuring Deed of Guarantee and Indemnity – s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) GUARANTEE AND INDEMNITY – actions to enforce

Dalton and Schaeffer as Executors of the Estate of the Late John Herman Schaeffer v Naegeli [2024] NSWCA 51 (13 March 2024) (Ward P, Stern JA and Griffiths AJA) Read More »

Redland City Council v Kozik [2024] HCA 7 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ)

Catchwords: Statutes – Construction – Statutory debt – Local government – Special rates and charges – Where appellant empowered by Local Government Act 2009 (Qld) (“Act”) to levy special rates and charges in respect of rateable land – Where appellant purported to levy special charges on respondents’ land – Where special charges levied pursuant to

Redland City Council v Kozik [2024] HCA 7 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ) Read More »

Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal law – Sentencing – Appeal against sentence – Minimum sentences – Where s 16AAB of Crimes Act 1914 (Cth), inserted by Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) (“Amendment Act”), provided for minimum terms of imprisonment, subject to limited exceptions, for offences – Where offences included

Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ) Read More »

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Procedural fairness – Reasonable opportunity to respond – Where Independent Broad-based Anti-corruption Commission (“IBAC”) conducted investigation into allegations of unauthorised access to and disclosure of internal email accounts – Where IBAC provided redacted draft special report containing proposed adverse findings against appellants – Where IBAC refused to provide evidentiary material

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

The King v Anna Rowan – a Pseudonym [2024] HCA 9 (13 March 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ)

Catchwords: The King v Anna Rowan – A Pseudonym Criminal law – Defences – Defence of duress – Where respondent charged with sexual offences committed against two of her daughters in presence of respondent’s partner “JR” – Where, prior to trial, respondent sought to raise defence of duress – Where supporting evidence on voir-dire included

The King v Anna Rowan – a Pseudonym [2024] HCA 9 (13 March 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ) Read More »

Wilson v SAS Trustee Corporation [2024] NSWCA 53 (12 March 2024) (Leeming and Kirk JJA, Griffiths AJA)

Catchwords: WORKERS COMPENSATION – Police Superannuation Scheme – where a member seeks to have a further infirmity certified under s 10B(1) or his earlier certification of infirmity amended to include an additional infirmity for the purpose of being entitled to increased annual superannuation allowance pursuant to ss 10 and 10B of the Police Regulation (Superannuation)

Wilson v SAS Trustee Corporation [2024] NSWCA 53 (12 March 2024) (Leeming and Kirk JJA, Griffiths AJA) Read More »

Kitoko v Sydney Local Health District [2024] NSWCA 49 (12 March 2024) (Ward P and Gleeson JA)

Catchwords: APPEALS – Leave to appeal – Arguable case CIVIL PROCEDURE – Jurisdiction – Where applicant alleged that primary judge had exercised Federal jurisdiction to the exclusion of State jurisdiction CIVIL PROCEDURE – Summary disposal – Where applicant had sought summary judgment – Where respondents had not yet been required to file evidence in defence

Kitoko v Sydney Local Health District [2024] NSWCA 49 (12 March 2024) (Ward P and Gleeson JA) Read More »

Quach v RU [2024] FCAFC 32 (12 March 2024) (Perry, Meagher and Shariff JJ)

Catchwords: PRACTICE AND PROCEDURE – where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable “matter” for the purposes of Chapter III of the Constitution – notice in accordance with s 78B of the Judiciary Act 1903 (Cth) issued in proceeding below but not on appeal – submission that there

Quach v RU [2024] FCAFC 32 (12 March 2024) (Perry, Meagher and Shariff JJ) Read More »

Cooke v Tweed Shire Council [2024] NSWCA 50 (11 March 2024) (Ward P, Gleeson JA and Basten AJA)

Catchwords: APPEALS – judgment of Land and Environment Court – standard of review – characterisation of land use – evaluative judgment – correctness standard applied ENVIRONMENT AND PLANNING – civil enforcement proceeding – Local Environment Plan – permissible uses not requiring consent – characterisation of land use – cultivation of low-THC hemp – processing hemp

Cooke v Tweed Shire Council [2024] NSWCA 50 (11 March 2024) (Ward P, Gleeson JA and Basten AJA) Read More »

Twomey v Que 5 Pty Ltd [2024] FCAFC 30 (08 March 2024) (Sarah C Derrington, Goodman and Raper JJ)

Catchwords: ADMINISTRATIVE LAW – appeal from judgment of the Federal Court of Australia dismissing an application for judicial review of decision of the Full Bench of the Fair Work Commission – whether the decision was affected by jurisdictional error because it failed to find that the Commission erroneously found that the appellant had not completed

Twomey v Que 5 Pty Ltd [2024] FCAFC 30 (08 March 2024) (Sarah C Derrington, Goodman and Raper JJ) Read More »

Fong Bhnf Fong v Weller [2024] NSWCA 46 (08 March 2024) (Gleeson, Mitchelmore and Kirk JJA)

Catchwords: COSTS — Assessment procedure — Competing costs agreements — Second costs agreement with tutor — Tutor’s right of indemnity from incapacitated person APPEALS — Right of appeal — Relationship with judicial review — Whether right of appeal is reason to deny judicial review JUDGMENTS AND ORDERS — Judicial review application of decision made under

Fong Bhnf Fong v Weller [2024] NSWCA 46 (08 March 2024) (Gleeson, Mitchelmore and Kirk JJA) Read More »

Proietti v Proietti [2024] NSWCA 48 (08 March 2024) (Bell CJ, Kirk and Stern JJA)

Catchwords: PRACTICE AND PROCEDURE — whether a vexatious proceedings order should be made — where litigant had reagitated the same points on multiple occasions after proceedings in the Court of Appeal and rejection of special leave application — whether sufficient frequency of institution of proceedings for the purposes of s 8(1) of the Vexatious Proceedings

Proietti v Proietti [2024] NSWCA 48 (08 March 2024) (Bell CJ, Kirk and Stern JJA) Read More »

Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29 (08 March 2024) (Wigney, Banks-Smith and Colvin JJ)

Catchwords: 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 of the Income Tax Assessment Act 1936 (Cth) – whether primary judge erred in finding that moving to

Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2024] FCAFC 29 (08 March 2024) (Wigney, Banks-Smith and Colvin JJ) Read More »

Minister for Home Affairs v Bro18 [2024] FCAFC 27 (08 March 2024) (Bromwich, Derrington and Snaden JJ)

Catchwords: MIGRATION – appeal from decision of single judge of the Federal Court of Australia – where delegate of Minister for Home Affairs cancelled respondent’s visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – where Minister cannot re-exercise discretion on the same factual basis in circumstances where the Minister had

Minister for Home Affairs v Bro18 [2024] FCAFC 27 (08 March 2024) (Bromwich, Derrington and Snaden JJ) Read More »

Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28 (08 March 2024) (Besanko, Colvin and Hespe JJ)

Catchwords: TAXATION – Income Tax Assessment Act 1936 (Cth) Part IVA – where gist of the scheme was failure by a trustee to exercise a discretion to make a distribution – whether a reasonable person would conclude that the applicant entered into or carried out one or more of the schemes for the dominant purpose

Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28 (08 March 2024) (Besanko, Colvin and Hespe JJ) Read More »

DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24 (07 March 2024) (Sarah C Derrington, Goodman and Raper JJ)

Catchwords: MIGRATION – appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the first respondent not to revoke the cancellation of the appellant’s visa PRACTICE AND PROCEDURE – application for leave to upon grounds of

DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24 (07 March 2024) (Sarah C Derrington, Goodman and Raper JJ) Read More »

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (06 March 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Beech‑jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Where plaintiff found guilty of robbery offences when under 16 years of age before Children’s Court of New South Wales – Where plaintiff committed subsequent robbery offences as adult – Where plaintiff’s visa cancelled under s 501(2) of Migration Act 1958 (Cth) – Where delegate of

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (06 March 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Beech‑jones JJ) Read More »

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26 (06 March 2024) (Mortimer CJ; Rangiah and O’Bryan JJ)

Catchwords: NATIVE TITLE – appeal from determination of the National Native Title Tribunal that future act may be done with conditions under Native Title Act 1993 (Cth) (NTA) – whether Tribunal incorrectly applied the test for negotiations in good faith required by s 31 of the NTA – whether the Tribunal erred in finding that

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26 (06 March 2024) (Mortimer CJ; Rangiah and O’Bryan JJ) Read More »

Xerri v The King [2024] HCA 5 (06 March 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal law – Sentence – Calculation – Statutory interpretation – Maximum penalty – Persistent child sexual abuse offence – Where s 66EA of Crimes Act 1900 (NSW) came into effect from 1 December 2018 with maximum penalty of life imprisonment – Where previous s 66EA of Crimes Act provided for maximum penalty of 25

Xerri v The King [2024] HCA 5 (06 March 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

The Property Investors Alliance Pty Ltd v C88 Project Pty Ltd (in liq) (No 2) [2024] NSWCA 45 (04 March 2024) (White and Kirk JJA, Griffiths AJA)

Catchwords: JUDGMENTS AND ORDERS – Consequential orders – Where order made that parties seek to agree on declaratory relief to give effect to reasons – Where parties unable to agree on form of declaratory relief – Where declarations proposed in primary judgment include a slip – Whether matter should be remitted to primary judge –

The Property Investors Alliance Pty Ltd v C88 Project Pty Ltd (in liq) (No 2) [2024] NSWCA 45 (04 March 2024) (White and Kirk JJA, Griffiths AJA) Read More »

Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20 (04 March 2024) (Nicholas, Rofe and Jackman JJ)

Catchwords: APPEAL AND NEW TRIAL – proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs – whether appellants were denied procedural fairness as a consequence of primary judge disallowing questions in cross-examination or otherwise curtailing cross-examination of respondents’ witnesses – whether questions proposed to be put to witnesses

Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20 (04 March 2024) (Nicholas, Rofe and Jackman JJ) Read More »

Stern v Commissioner of Taxation [2024] FCAFC 21 (01 March 2024) (Thawley, Hespe and Horan JJ)

Catchwords: SUPERANNUATION – Div 294 of the Income Tax Assessment Act 1997 (Cth) – whether defined benefit lifetime pension excluded from calculation of excess transfer balance – reliance on Guide in determining purpose or object underlying operative provisions – contended purpose not supported by statutory text – s 294-140 neither ambiguous nor manifestly absurd or

Stern v Commissioner of Taxation [2024] FCAFC 21 (01 March 2024) (Thawley, Hespe and Horan JJ) Read More »

Akw22 v Commonwealth of Australia [2024] FCAFC 22 (01 March 2024) (Sarah C Derrington, Goodman and Raper JJ)

Catchwords: MIGRATION – application for leave to appeal against decision striking out statement of claim and summarily dismissing the proceedings – where notice of appeal filed three days late – where proceedings sought damages for false imprisonment – whether both elements of the tort must pleaded despite onus on respondent to prove lawful justification –

Akw22 v Commonwealth of Australia [2024] FCAFC 22 (01 March 2024) (Sarah C Derrington, Goodman and Raper JJ) Read More »

Islam v Linfox Australia Pty Ltd [2024] NSWCA 39 (29 February 2024) (White JA at [1]; Simpson AJA at [2]; Basten AJA at [126])

Catchwords: NEGLIGENCE – claim for work injury damages for back condition – challenges to factual findings – whether breach of duty of care – whether injury caused by employment COSTS – claim for work injury damages against employer and third party – application of Workers Compensation Regulation 2016 (NSW), Pt 17 Div 3

Islam v Linfox Australia Pty Ltd [2024] NSWCA 39 (29 February 2024) (White JA at [1]; Simpson AJA at [2]; Basten AJA at [126]) Read More »

State of New South Wales v Madden [2024] NSWCA 40 (29 February 2024) (Bell CJ, Leeming and Stern JJA)

Catchwords: APPEALS – Procedural fairness – Bias or apprehension of bias – Where primary judge intervened during the examination of witnesses and made comments in relation to the State’s submissions – Where no issue of apprehended bias was raised or application for disqualification made at trial TORTS – Trespass to the person – Battery –

State of New South Wales v Madden [2024] NSWCA 40 (29 February 2024) (Bell CJ, Leeming and Stern JJA) Read More »

Hadden v Inline Partners Pty Ltd [2024] NSWCA 42 (29 February 2024) (Gleeson, White and Stern JJA)

Catchwords: APPEALS — leave to appeal — where relatively modest claim — whether injustice reasonably arguable — where applicant sought to raise new point on appeal CONTRACTS — parties — identifying parties to contract implied from conduct of the parties — where accounting services provided to several companies and also to individuals — whether individual

Hadden v Inline Partners Pty Ltd [2024] NSWCA 42 (29 February 2024) (Gleeson, White and Stern JJA) Read More »

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41 (29 February 2024) (Ward P, Gleeson and White JJA)

Catchwords: ENVIRONMENT AND PLANNING – Development applications – Delegation of assessment function of local council – Whether delegate had authority to determine application – Interpretation of relevant instruments of delegation and sub-delegation and policy – Whether primary judge erred by interpreting “submission by way of objection” by reference to the statutorily directed time period under

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41 (29 February 2024) (Ward P, Gleeson and White JJA) Read More »

Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16 (29 February 2024) (O’Bryan, Abraham and Shariff JJ)

Catchwords: MIGRATION – appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) – whether primary judge erred by finding that Tribunal was not required to consider and take into account Ministerial Direction that had been issued but not yet commenced –

Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16 (29 February 2024) (O’Bryan, Abraham and Shariff JJ) Read More »

Australian Securities and Investments Commission v Acbf Funeral Plans Pty Ltd [2024] FCAFC 19 (29 February 2024) (Murphy, O’Bryan and Shariff JJ)

Catchwords: CONSUMER LAW – alleged false and misleading representations and misleading or deceptive conduct in marketing and selling funeral insurance plans to Indigenous communities – representation that during the relevant period the first respondent was owned or managed by an Aboriginal person or persons – whether the evidence before the primary judge was sufficient to

Australian Securities and Investments Commission v Acbf Funeral Plans Pty Ltd [2024] FCAFC 19 (29 February 2024) (Murphy, O’Bryan and Shariff JJ) Read More »

J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18 (29 February 2024) (Wigney, Bromwich and Anderson JJ)

Catchwords: 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 services from a subcontractor, contravening ss 45E(3) and 45EA of the Competition and Consumer Act 2010

J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18 (29 February 2024) (Wigney, Bromwich and Anderson JJ) Read More »

Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17 (23 February 2024) (Banks-Smith, O’Sullivan and Feutrill JJ)

Catchwords: TRUSTS AND TRUSTEES – trustee removed by deed – nature and characteristics of former trustee’s right of indemnity following removal – principles CONVEYANCING – fraudulent conveyance – whether deed of removal of trustee voidable under s 86 of the Law of Property Act 1936 (SA) as conveyance of property made with intent to defraud

Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17 (23 February 2024) (Banks-Smith, O’Sullivan and Feutrill JJ) Read More »

Riechelmann v McCabe [2024] NSWCA 37 (23 February 2024) (Mitchelmore, Kirk and Stern JJA)

Catchwords: TORTS – Trespass to the person – Assault – Battery – Claim based on distinct accounts of alleged strangulation APPEAL – From findings of fact – Credibility of witnesses – Appeal of factual decision turning on witness testimony following long hearing – Importance of contemporary evidence

Riechelmann v McCabe [2024] NSWCA 37 (23 February 2024) (Mitchelmore, Kirk and Stern JJA) Read More »

Kudrynski v Orange City Council [2024] NSWCA 33 (22 February 2024) (Meagher and Kirk JJA, Griffiths AJA)

Catchwords: APPEALS – s 57(1) Land and Environment Court Act 1979 (NSW) – requirement for appeal to be from an order or decision on a question of law – deficiencies in the notice of appeal – whether any of the 24 grounds met this requirement COMPULSORY ACQUISITION – Compensation – vacant land acquired by local

Kudrynski v Orange City Council [2024] NSWCA 33 (22 February 2024) (Meagher and Kirk JJA, Griffiths AJA) Read More »

Care A2 Plus Pty Ltd v Pichardo [2024] NSWCA 35 (22 February 2024) (Bell CJ, Stern JA and Basten AJA)

Catchwords: CONSUMER LAW — misleading and deceptive conduct — whether Chief Financial Officer of small proprietary company was a mere conduit of misrepresentations — causation CONSUMER LAW — misleading and deceptive conduct — knowing involvement — requisite degree of knowledge TORTS — deceit — exemplary damages

Care A2 Plus Pty Ltd v Pichardo [2024] NSWCA 35 (22 February 2024) (Bell CJ, Stern JA and Basten AJA) Read More »

Scone Race Club Ltd v Cottom [2024] NSWCA 34 (22 February 2024) (Gleeson and Mitchelmore JJA, Basten AJA)

Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – extent of functions and powers of tribunal – Personal Injury Commission medical appeal panel – whether appropriate consideration given to late documents – no opportunity given to address panel regarding late documents – whether late documents could materially affect decision WORKERS COMPENSATION – medical dispute

Scone Race Club Ltd v Cottom [2024] NSWCA 34 (22 February 2024) (Gleeson and Mitchelmore JJA, Basten AJA) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Nuuamoa [2024] FCAFC 13 (21 February 2024) (Bromwich, Wheelahan and Button JJ)

Catchwords: 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 Federal Court of Australia has jurisdiction to hear the matter or

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Nuuamoa [2024] FCAFC 13 (21 February 2024) (Bromwich, Wheelahan and Button JJ) Read More »

Neilson v Secretary, Department of Planning and Environment [2024] NSWCA 28 (21 February 2024) (Ward P, Payne and White JJA)

Catchwords: ENVIRONMENT AND PLANNING— Land and Environment Court — Crown land — Management of Crown land — National Parks and Wildlife Act — Plan of management — statutory interpretation — whether Secretary has duties to implement individual policies in Plan of Management compellable by mandamus — whether delay implementing policies unreasonable — utility and appropriateness

Neilson v Secretary, Department of Planning and Environment [2024] NSWCA 28 (21 February 2024) (Ward P, Payne and White JJA) Read More »

Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 (20 February 2024) (Thawley, Cheeseman and Shariff JJ)

Catchwords: APPEAL – appeal from dismissal of judicial review application challenging Registrar’s decision not to accept interlocutory application (and other documents) for filing – documents not accepted for filing on the basis that the appellate jurisdiction of the Court exhausted – interlocutory application sought to be filed before the orders in the appellate jurisdiction were

Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 (20 February 2024) (Thawley, Cheeseman and Shariff JJ) Read More »

Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 (20 February 2024) (Meagher and Kirk JJA, Simpson AJA)

Catchwords: APPELLATE REVIEW – appeal from Personal Injury Commission – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 353(1) – nature of appellate review – whether error in point of law – meaning of aggrieved in point of law – requirement that appeal identifies a point of law in relation to the decision

Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 (20 February 2024) (Meagher and Kirk JJA, Simpson AJA) Read More »

Rahme v Kekatos Lawyers Pty Ltd [2024] NSWCA 31 (19 February 2024) (Payne and Mitchelmore JJA, Simpson AJA)

Catchwords: CIVIL PROCEDURE — abuse of process — where former solicitors claim payment for legal costs — where client recovers legal costs as damages from third party in Court of Appeal — where client subsequently argues that not liable for the costs CIVIL PROCEDURE — Court of Appeal — application for leave to appeal —

Rahme v Kekatos Lawyers Pty Ltd [2024] NSWCA 31 (19 February 2024) (Payne and Mitchelmore JJA, Simpson AJA) Read More »

Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales [2024] NSWCA 30 (16 February 2024) (Bell CJ, Ward P and Leeming JA)

Catchwords: EQUITY – charitable trusts – relationship with statute – distinction between charitable trust created pursuant to statute and recognised in equity and “statutory trust” created by statute which ceased when statute repealed – Necropolis Act 1867 (NSW) authorised vesting of land in separate trustees for denominational burial grounds at Rookwood – whether charitable trust

Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales [2024] NSWCA 30 (16 February 2024) (Bell CJ, Ward P and Leeming JA) Read More »

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10 (16 February 2024) (Nicholas, Burley and Hespe JJ)

Catchwords: TRADE MARKS – non-use – Trade Marks Act 1995 (Cth) s 92(4)(b) – shape trade mark – whether alleged use is use as a trade mark – relevant principles applicable to non-traditional trade marks – consideration of difference between test for whether one mark is “substantially identical” to another and test under s 100(3)(a)

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10 (16 February 2024) (Nicholas, Burley and Hespe JJ) Read More »

Forte Sydney Carlingford Development Pty Limited v Forte Sydney Carlingford Pty Limited [2024] FCAFC 9 (16 February 2024) (Markovic, Derrington and Halley JJ)

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from orders made restraining the applicant and the Australian Building & Construction Dispute Resolution Service Pty Ltd from referring a payment claim and adjudication application to an adjudicator under Pt 3 Div 2 of the Building and Construction Industry Security of Payment Act 1999 (NSW)

Forte Sydney Carlingford Development Pty Limited v Forte Sydney Carlingford Pty Limited [2024] FCAFC 9 (16 February 2024) (Markovic, Derrington and Halley JJ) Read More »

Whittington v Newman [2024] NSWCA 27 (16 February 2024) (Leeming and Stern JJA, Simpson AJA)

Catchwords: DEFAMATION – appeal from order granting leave to amend – adequacy of pleading and particulars – amendment to pleading introduced matters arising after commencement of Defamation Amendment Act 2020 (NSW) – operation of concerns notice to matters introduced by amendment – whether sufficient particulars of serious harm to reputation provided – whether sufficient particulars

Whittington v Newman [2024] NSWCA 27 (16 February 2024) (Leeming and Stern JJA, Simpson AJA) Read More »

Aurizon Operations Limited v Australian Rail Tram and Bus Industry Union NSW Branch; The Office of the National Rail Safety Regulator v Australian Rail Tram and Bus Industry Union NSW Branch [2024] NSWCA 24 (16 February 2024) (Mitchelmore and Adamson JJA, Griffiths AJA)

Catchwords: ADMINISTRATIVE LAW –– jurisdictional error –– decision of National Rail Safety Regulator to grant application to vary rail operator’s accreditation under the Rail Safety National Law (NSW) –– whether decision maker erred in construing the consultation requirements in s 99(3)(a)(iii) of the Rail Safety National Law –– whether primary judge erred in declaring the

Aurizon Operations Limited v Australian Rail Tram and Bus Industry Union NSW Branch; The Office of the National Rail Safety Regulator v Australian Rail Tram and Bus Industry Union NSW Branch [2024] NSWCA 24 (16 February 2024) (Mitchelmore and Adamson JJA, Griffiths AJA) Read More »

Ceu22 v Minister for Home Affairs [2024] FCAFC 11 (16 February 2024) (Wigney, Thawley and Wheelahan JJ)

Catchwords: 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 non-refoulement obligations misunderstood, there was no jurisdictional error MIGRATION – whether Minister failed meaningfully to consider materials or merits of the case –

Ceu22 v Minister for Home Affairs [2024] FCAFC 11 (16 February 2024) (Wigney, Thawley and Wheelahan JJ) Read More »

Von Risefer v Blue Cube Developments Pty Ltd [2024] FCAFC 12 (16 February 2024) (Wheelahan, Anderson and McEvoy JJ)

Catchwords: 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 bankruptcy notices and creditor’s petition – no breach of duty to assist self-represented litigants –

Von Risefer v Blue Cube Developments Pty Ltd [2024] FCAFC 12 (16 February 2024) (Wheelahan, Anderson and McEvoy JJ) Read More »

Alm22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 7 (15 February 2024) (Snaden, Abraham and Cheeseman JJ)

Catchwords: MIGRATION – application for extension of time to file and serve notice of appeal – where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) rejecting an application for revocation of a visa cancellation – whether court can be satisfied that the interests of justice require extension

Alm22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 7 (15 February 2024) (Snaden, Abraham and Cheeseman JJ) Read More »

Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2) [2024] NSWCA 25 (14 February 2024) (White JA and Basten AJA)

Catchwords: PROFESSIONS – Legal Practitioners – misconduct and discipline – legal practitioners directed to show cause why judgments and papers should not be referred to Legal Services Commissioner – no submissions provided by legal practitioners – judgments and papers referred to Legal Services Commissioner

Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2) [2024] NSWCA 25 (14 February 2024) (White JA and Basten AJA) Read More »

The King v Rohan (a pseudonym) [2024] HCA 3 (14 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ)

Catchwords: Criminal law – Appeal against conviction – Criminal liability – Statutory complicity – Where s 324(1) of Crimes Act 1958 (Vic) provided, “if an offence … is committed, a person who is involved in the commission of the offence is taken to have committed the offence” – Where s 323(1)(c) of Crimes Act provided

The King v Rohan (a pseudonym) [2024] HCA 3 (14 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ) Read More »