FCAFC

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (Leave to Appeal) [2024] FCAFC 61 (21 May 2024) (Perram, Stewart and Button JJ)

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge found that Applicants ran an ‘all-or-nothing’ case in respect of their entitlement to bank guarantee proceeds – where primary judge dismissed that case entirely – whether claim for surplus proceeds also run below

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (Leave to Appeal) [2024] FCAFC 61 (21 May 2024) (Perram, Stewart and Button JJ) Read More »

Tonakie v Director of Professional Services Review [2024] FCAFC 60 (24 May 2024) (Charlesworth, Thawley and Jackson JJ)

Catchwords: ADMINISTRATIVE LAW – where referral made within 12 months by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to an invalidly constituted Committee to investigate whether the appellant engaged in inappropriate practice – where referral set aside by consent – whether Director had “referred the provision of

Tonakie v Director of Professional Services Review [2024] FCAFC 60 (24 May 2024) (Charlesworth, Thawley and Jackson JJ) Read More »

Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 (24 May 2024) (Rangiah, Thawley and Shariff JJ)

Catchwords: MIGRATION – procedural fairness – where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant’s visa – where delegate concluded that the “best interests of children” consideration weighed in favour of revocation – where respondent did not advance a positive case that the “best interests of children” consideration weighed in favour

Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 (24 May 2024) (Rangiah, Thawley and Shariff JJ) Read More »

University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57 (17 May 2024) (Perram, Lee and Kennett JJ)

Catchwords: INDUSTRIAL LAW – university – right to intellectual freedom – appeal of remitter judgments – where primary judgment appealed to Full Court – where Full Court allowed appeal and remitted matters to primary judge for hearing and determination – alleged contravention of s 50 of the Fair Work Act 2009 (Cth) – whether open

University of Sydney v National Tertiary Education Industry Union [2024] FCAFC 57 (17 May 2024) (Perram, Lee and Kennett JJ) Read More »

Environment Council of Central Queensland Inc v Minister for the Environment and Water [2024] FCAFC 56 (16 May 2024) (Mortimer CJ; Colvin and Horan JJ)

Catchwords: ENVIRONMENTAL LAW – appeal – s 78(1)(a) Environment Protection and Biodiversity Conservation Act 1999 (Cth) – extended operation of two existing coal mines – appellant claimed effects of climate change should result in greater controlling provisions – challenges to Minister’s reasoning about future global emissions levels and impact from extended operation of the two

Environment Council of Central Queensland Inc v Minister for the Environment and Water [2024] FCAFC 56 (16 May 2024) (Mortimer CJ; Colvin and Horan JJ) Read More »

Construction, Forestry and Maritime Employees Union v Fair Work Ombudsman (Cross River Rail Appeal) (No 2) [2024] FCAFC 55 (09 May 2024) (Halley, Goodman and McElwaine JJ)

Catchwords: INDUSTRIAL LAW – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – redetermination of pecuniary penalties following limited success of appeal and setting aside of penalty order – consideration of course of conduct and totality principles – need for specific deterrence – where pecuniary penalties have previously

Construction, Forestry and Maritime Employees Union v Fair Work Ombudsman (Cross River Rail Appeal) (No 2) [2024] FCAFC 55 (09 May 2024) (Halley, Goodman and McElwaine JJ) Read More »

SARB Management Group Pty Ltd trading as Database Consultants Australia v Vehicle Monitoring Systems Pty Limited (No 2) [2024] FCAFC 53 (01 May 2024) (Burley, Jackson and Downes JJ)

Catchwords: PATENTS – form of orders following hearing of appeal –whether injunctions granted by trial judge should be set aside – utility of injunctions – patents lapsed on day of hearing of appeal – application for extension of time filed to pay renewal fees – impact on final orders – whether costs should be awarded

SARB Management Group Pty Ltd trading as Database Consultants Australia v Vehicle Monitoring Systems Pty Limited (No 2) [2024] FCAFC 53 (01 May 2024) (Burley, Jackson and Downes JJ) Read More »

Azimitabar v Commonwealth of Australia [2024] FCAFC 52 (26 April 2024) (Rangiah, Anderson and Button JJ)

Catchwords: MIGRATION – appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for damages arising from the alleged unlawful detention of the appellant at the Mantra Bell City Hotel and the Park Hotel (the Hotels) – whether subpara (b)(v) of the definition of “immigration detention” in s

Azimitabar v Commonwealth of Australia [2024] FCAFC 52 (26 April 2024) (Rangiah, Anderson and Button JJ) Read More »

Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51 (22 April 2024) (Collier, Rangiah and Charlesworth JJ)

Catchwords: INDUSTRIAL LAW – application for judicial review of decisions of the Full Bench of the Fair Work Commission – where Full Bench granted extension of time to appeal and permission to appeal against decision to approve enterprise agreement and upheld appeal – whether decisions and procedural orders affected by apprehended bias – where applicant

Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51 (22 April 2024) (Collier, Rangiah and Charlesworth JJ) Read More »

Buzadzic v Commissioner of Taxation [2024] FCAFC 50 (17 April 2024) (Bromwich, Abraham and McEvoy JJ)

Catchwords: TAXATION – where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation’s decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall interest charges – no error on the part of the primary judge established – leave refused to run an

Buzadzic v Commissioner of Taxation [2024] FCAFC 50 (17 April 2024) (Bromwich, Abraham and McEvoy JJ) Read More »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

SARB Management Group Pty Ltd T/A Database Consultants Australia v Vehicle Monitoring Systems Pty Limited [2024] FCAFC 6 (09 February 2024) (Burley, Jackson and Downes JJ)

Catchwords: PATENTS – infringement – construction of claims –whether the primary judge erred in finding that there is ambiguity in the claim language – error shown PATENTS – best method – s 40(2)(a) Patents Act 1990 (Cth) – whether failure by patentee to describe in the specifications of the patents the best method known to

SARB Management Group Pty Ltd T/A Database Consultants Australia v Vehicle Monitoring Systems Pty Limited [2024] FCAFC 6 (09 February 2024) (Burley, Jackson and Downes JJ) Read More »

CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5 (07 February 2024) (Halley, Goodman and McElwaine JJ)

Catchwords: CORPORATIONS – application for leave to appeal from orders made by primary judge dismissing application under s 423 of the Corporations Act 2001 (Cth) (Act) – whether primary judge applied the wrong test under s 423(1)(b) of the Act – whether applicants would suffer any substantial injustice – application for leave to appeal dismissed

CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5 (07 February 2024) (Halley, Goodman and McElwaine JJ) Read More »

DBWG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 3 (01 February 2024) (Wigney, Wheelahan and Halley JJ)

Catchwords: 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 arguments in such circumstances –

DBWG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 3 (01 February 2024) (Wigney, Wheelahan and Halley JJ) Read More »

Comcare v Friend [2024] FCAFC 4 (01 February 2024) (Rangiah, Wheelahan and Goodman JJ)

Catchwords: ADMINISTRATIVE LAW — appeal – jurisdiction – where the proceeding below was commenced by originating application for judicial review of two purported decisions under s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) – where the primary judge set aside both purported decisions – where the parties agreed that the

Comcare v Friend [2024] FCAFC 4 (01 February 2024) (Rangiah, Wheelahan and Goodman JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1 (29 January 2024) (Halley, Goodman and McElwaine JJ)

Catchwords: INDUSTRIAL LAW – Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – whether primary judge erred in finding visitor entry and conduct requirements were occupational health and safety requirements for the purposes of s 499 of the Fair Work Act 2009 (Cth) – whether primary judge erred

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1 (29 January 2024) (Halley, Goodman and McElwaine JJ) Read More »

BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2 (29 January 2024) (Murphy, O’Sullivan and McElwaine JJ)

Catchwords: MIGRATION – appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Federal Circuit Court of Australia – where the appellant applied to the Federal Circuit Court for an extension of time pursuant to s 477(2) of the Migration

BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2 (29 January 2024) (Murphy, O’Sullivan and McElwaine JJ) Read More »

Wilson v State of Victoria [2023] FCAFC 204 (22 December 2023) (LOGAN, PERRY AND O’SULLIVAN JJ)

Catchwords: PRACTICE AND PROCEDURE — application for leave to appeal from summary judgment – application for extension of time within which to seek leave to appeal – where before the primary judge the applicants alleged invalidity of measures relating to the rollout of COVID-19 vaccines and restrictions on unvaccinated individuals in the State of Victoria

Wilson v State of Victoria [2023] FCAFC 204 (22 December 2023) (LOGAN, PERRY AND O’SULLIVAN JJ) Read More »

Chou v Metstech Pty Limited [2023] FCAFC 205 (22 December 2023) (YATES, DOWNES AND JACKMAN JJ)

Catchwords: COPYRIGHT – appeal and cross-appeals – whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up – whether the plaintiffs in the proceeding below failed to join a necessary party – whether the declaration made is an order in rem – where no objection

Chou v Metstech Pty Limited [2023] FCAFC 205 (22 December 2023) (YATES, DOWNES AND JACKMAN JJ) Read More »

Bif23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201 (19 December 2023) (MARKOVIC, DERRINGTON AND ANDERSON JJ)

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of the respondent’s (Minister) decision to cancel appellant’s Class AH Subclass 101 Child (Permanent) visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) (Cancellation Decision) – where notice of

Bif23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201 (19 December 2023) (MARKOVIC, DERRINGTON AND ANDERSON JJ) Read More »

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203 (19 December 2023) (YATES, MARKOVIC AND KENNETT JJ)

Catchwords: TRADE MARKS – appeal – where primary judge found that the respondent had not infringed the second appellant’s registered trade marks – whether primary judge erred in finding that the word mark THE NORTH AGENCY used by the respondent was not deceptively similar to the second appellant’s registered trade mark – no error established

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203 (19 December 2023) (YATES, MARKOVIC AND KENNETT JJ) Read More »

Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202 (19 December 2023) (NICHOLAS, BURLEY AND ROFE JJ)

Catchwords: CONSUMER LAW – misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law – representations to customers and other industry participants that supply of competitor’s product would infringe author’s patent – where representations couched in terms of author’s “firm belief” – whether representations caused loss of opportunity – no error

Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202 (19 December 2023) (NICHOLAS, BURLEY AND ROFE JJ) Read More »

Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 (14 December 2023) (RANGIAH, DOWNES AND KENNETT JJ)

Catchwords: MIGRATION – Migration Act 1958 (Cth) – where Minister refused to revoke cancellation of visa – where primary judge found no jurisdictional error – whether Minister denied appellant procedural fairness – whether Minister failed to adequately engage with representations – appeal dismissed

Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 (14 December 2023) (RANGIAH, DOWNES AND KENNETT JJ) Read More »

Weir v Telstra Limited [2023] FCAFC 196 (14 December 2023) (COLLIER ACJ, RANGIAH AND THOMAS JJ)

Catchwords: HUMAN RIGHTS – whether primary judge erred by refusing leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – whether it was reasonably arguable that the respondents breached ss 28G and 28L of the Sex Discrimination Act 1984 (Cth) – meaning of “in the course of” –

Weir v Telstra Limited [2023] FCAFC 196 (14 December 2023) (COLLIER ACJ, RANGIAH AND THOMAS JJ) Read More »

Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198 (13 December 2023) (ANDERSON, MCEVOY AND BUTTON JJ)

Catchwords: PRACTICE AND PROCEDURE – leave to appeal –primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) – primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations Act 2001 (Cth) – whether leave to appeal required – application dismissed

Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198 (13 December 2023) (ANDERSON, MCEVOY AND BUTTON JJ) Read More »

Keybridge Capital Limited v Wam Active Limited [2023] FCAFC 194 (12 December 2023) (O’Callaghan, Halley and O’Sullivan JJ)

Catchwords: CORPORATIONS – appeal from decision of primary judge that respondent’s directors did not act for an improper purpose in resolving to move a general meeting from an in-person meeting to an online meeting – no appellable error – appeal dismissed

Keybridge Capital Limited v Wam Active Limited [2023] FCAFC 194 (12 December 2023) (O’Callaghan, Halley and O’Sullivan JJ) Read More »

QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195 (12 December 2023) (Katzmann, O’Callaghan and McEvoy JJ)

Catchwords: PRACTICE AND PROCEDURE – where High Court of Australia allowed appeal and remitted matter to be heard and determined by a differently constituted Full Court –where grounds contended before primary judge and first Full Court abandoned and appellant sought leave to raise six new appeal grounds, whether leave to amend notice of appeal should

QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195 (12 December 2023) (Katzmann, O’Callaghan and McEvoy JJ) Read More »

Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190 (12 December 2023) (Perry, Sarah C Derrington and Colvin JJ)

Catchwords: ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – native title – appeal from finding that native title did not exist – where appellant found unable to establish current claim group constituted a normative society united in and by a body of laws and customs unable to establish – whether trial judge misconceived or failed to

Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190 (12 December 2023) (Perry, Sarah C Derrington and Colvin JJ) Read More »

McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191 (12 December 2023) (Perry, Sarah C Derrington and Colvin JJ)

Catchwords: NATIVE TITLE – appeal from adverse determination of questions as to whether native title exists in relation to any land and waters of the claim area in partially overlapping claim – where no lay evidence led below in relation to issues arising under s 223(1)(a) of the Native Title Act 1993 (Cth) – whether

McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191 (12 December 2023) (Perry, Sarah C Derrington and Colvin JJ) Read More »

Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193 (11 December 2023) (Burley, Lee and Raper JJ)

Catchwords: MIGRATION – appeal from a 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 the AAT application for merits review of the Minister’s non-revocation decision of the appellant’s visa cancellation was made out of time –

Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193 (11 December 2023) (Burley, Lee and Raper JJ) Read More »

Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192 (08 December 2023) (Charlesworth, Sarah C Derrington and Raper JJ)

Catchwords: COSTS – appeal from costs order against third party litigation funder – where funding agreement did not indemnify against adverse costs orders – where successful party did not apply for security for costs in principal proceedings – where funder appeals exercise of discretion to award non-party costs order on basis of limited connection to

Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192 (08 December 2023) (Charlesworth, Sarah C Derrington and Raper JJ) Read More »

Australian Securities and Investments Commission v Taylor [2023] FCAFC 189 (06 December 2023) (Mortimer CJ; O’Bryan and Abraham JJ)

Catchwords: CORPORATIONS – where there is a disciplinary proceeding against an auditor – where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding – where the auditor makes an application for a stay of the disciplinary proceeding – where the Companies Auditors Disciplinary Board refuses the stay – judicial review

Australian Securities and Investments Commission v Taylor [2023] FCAFC 189 (06 December 2023) (Mortimer CJ; O’Bryan and Abraham JJ) Read More »

Broadbent v Medical Board of Australia [2023] FCAFC 186 (04 December 2023) (Collier, Meagher and Horan JJ)

Catchwords: BANKRUPTCY – appeal from dismissal of application for review of sequestration order made by a registrar – whether error in exercise of discretion to make sequestration order on creditor’s petition – whether sufficient cause why sequestration order ought not be made – whether there was in truth and reality a debt due to the

Broadbent v Medical Board of Australia [2023] FCAFC 186 (04 December 2023) (Collier, Meagher and Horan JJ) Read More »

NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187 (01 December 2023) (Collier, Derrington and Downes JJ)

Catchwords: MIGRATION – power to cancel visa under s 501BA(2) of the Migration Act 1958 (Cth) – whether satisfied cancellation was in the “national interest” – whether decision-maker required to take into account impact of unenacted international treaty obligations – whether decision in Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20

NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187 (01 December 2023) (Collier, Derrington and Downes JJ) Read More »

Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188 (01 December 2023) (Lee, Stewart and Cheeseman JJ)

Catchwords: INSURANCE – determination of separate question – leave to appeal – whether relief sought advisory or hypothetical – construction of design and construction professional indemnity insurance policy – whether insuring clause limited to claims for civil liability based on the insureds personal provision of professional services – whether extension to the insuring clause limited

Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188 (01 December 2023) (Lee, Stewart and Cheeseman JJ) Read More »

BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 184 (30 November 2023) (Yates, Raper and Jackman JJ)

Catchwords: MIGRATION – appeal from decision of the Federal Court of Australia – where appellant suffered from severe mental health condition – whether the Tribunal acted under dictation from a decision of an earlier Tribunal – whether Tribunal erred in finding that the appellant would not suffer harm and would not face significant impediments upon

BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 184 (30 November 2023) (Yates, Raper and Jackman JJ) Read More »

Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185 (30 November 2023) (Wheelahan, Anderson and Jackman JJ)

Catchwords: PRACTICE AND PROCEDURE – appeals from interlocutory decision refusing to set aside subpoenas and part of notice to produce – whether the primary judge erred by expressing the issue of apparent relevance as being whether the documents “could possibly throw light on the issues that arise” – relevant principles for assessing the validity of

Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185 (30 November 2023) (Wheelahan, Anderson and Jackman JJ) Read More »

XL Insurance Company Se, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183 (23 November 2023) (Lee, Stewart and Cheeseman JJ)

Catchwords: INSURANCE – indemnity sought pursuant to public and product liability insurance policy – claim in relation to collision of mining equipment with bridge – where parties accepted insuring clause responds to claim – proper construction of “write-backs” to an exclusion clause – where primary judge did not err in finding appellant liable to indemnify

XL Insurance Company Se, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183 (23 November 2023) (Lee, Stewart and Cheeseman JJ) Read More »

Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182 (17 November 2023) (Markovic, Stewart and Anderson JJ)

Catchwords: COSTS – application for leave to appeal against a lump sum costs determination – applicable principles and procedure for the determination of lump sum costs – whether primary judgment is attended with sufficient doubt – whether a refusal of leave to appeal would occasion substantial injustice – where the application for leave to appeal

Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182 (17 November 2023) (Markovic, Stewart and Anderson JJ) Read More »

Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181 (22 November 2023) (Mortimer CJ; Katzmann, Charlesworth, Abraham and Kennett JJ)

Catchwords: PRACTICE AND PROCEDURE – where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) – whether final orders should be made reflecting the answers to the case stated – proceeding dismissed

Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181 (22 November 2023) (Mortimer CJ; Katzmann, Charlesworth, Abraham and Kennett JJ) Read More »

Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179 (14 November 2023) (Yates, Beach and Downes JJ)

Catchwords: CONSUMER LAW – representative proceedings – alleged defects in motor vehicles by reason of deficiencies in transmission system – where primary judge found affected vehicles were not of acceptable quality when supplied to consumers contrary to the guarantee in s 54 Australian Consumer Law – whether primary judge applied statutory test – the meaning

Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179 (14 November 2023) (Yates, Beach and Downes JJ) Read More »

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2023] FCAFC 180 (14 November 2023) (Bromberg, Rangiah and Snaden JJ)

Catchwords: INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia (“FCA”) – right of union official “permit holder” to enter employer’s premises for the purpose of holding discussions – refusal of entry – hindrance or obstruction of permit holder exercising rights under pt 3-4 of the Fair Work Act 2009 (Cth) –

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2023] FCAFC 180 (14 November 2023) (Bromberg, Rangiah and Snaden JJ) Read More »

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 (13 November 2023) (Perram, Nicholas and McElwaine JJ)

Catchwords: PATENTS – where invention claimed is a safety system for protection against falling drill rods in mining industry – construction – meaning of ‘anchor member’ – meaning of ‘configured to be fixed in a proximal end region of the bore’ PATENTS – infringement – whether First Respondent’s product included an anchor member – whether

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 (13 November 2023) (Perram, Nicholas and McElwaine JJ) Read More »

DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177 (10 November 2023) (Perry, Abraham and Goodman JJ)

Catchwords: MIGRATION – whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant’s subjective fear of harm as a relevant element of the complementary protection criterion – whether Tribunal fell into error because it had regard to subjective fear of harm in considering the complementary

DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177 (10 November 2023) (Perry, Abraham and Goodman JJ) Read More »

Kazal v Thunder Studios Inc (California) [2023] FCAFC 174 (03 November 2023) (Wigney, Wheelahan and Abraham JJ)

Catchwords: 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 appellants made an application to the judge that he disqualify himself

Kazal v Thunder Studios Inc (California) [2023] FCAFC 174 (03 November 2023) (Wigney, Wheelahan and Abraham JJ) Read More »

Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175 (02 November 2023) (Nicholas, Burley and Cheeseman JJ)

Catchwords: TRADE MARKS – where appellant’s trade mark registered in respect of services comprising (inter alia) issuing halal certifications to businesses and individuals for goods and services if religious and technical requirements are met (“the registered services”) – whether primary judge erred in finding that the respondents’ use of a logo on their packaging (“the

Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175 (02 November 2023) (Nicholas, Burley and Cheeseman JJ) Read More »

Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 173 (01 November 2023) (Logan, Rangiah and Markovic JJ)

Catchwords: MIGRATION – Migration Act 1958 (Cth) – where Administrative Appeals Tribunal affirmed the Minister’s decision not to revoke cancellation of visa – where primary judge found no jurisdictional error – whether the Tribunal overlooked “health” issue under para 9.2 of Direction 90 – where appellant did not articulate any health issues – whether a

Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 173 (01 November 2023) (Logan, Rangiah and Markovic JJ) Read More »

Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172 (30 October 2023) (Collier, Logan and Meagher JJ)

Catchwords: INDUSTRIAL LAW – Enterprise Agreements – appeal by two teachers (school employees) against decision to dismiss an application for back pay for increases to their pay and entitlements under an enterprise agreement commencing during their employment but coming into effect after their respective resignations – where employees sought declarations under s 545 of the

Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172 (30 October 2023) (Collier, Logan and Meagher JJ) Read More »

Mahommed v Cox as Administrator of the Deceased Estate of Dixon (No 2) [2023] FCAFC 170 (20 October 2023) (Markovic, Goodman and McElwaine JJ)

Catchwords: COSTS – application for indemnity costs against appellant’s solicitor – whether appropriate to order that solicitor personally bears costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) – application dismissed

Mahommed v Cox as Administrator of the Deceased Estate of Dixon (No 2) [2023] FCAFC 170 (20 October 2023) (Markovic, Goodman and McElwaine JJ) Read More »

Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171 (20 October 2023) (Katzmann, O’Bryan and McElwaine JJ)

Catchwords: MIGRATION – appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where appellant alleged decision of Tribunal affected by jurisdictional errors – where challenge to decision included collateral attack on

Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171 (20 October 2023) (Katzmann, O’Bryan and McElwaine JJ) Read More »

Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167 (19 October 2023) (Katzmann, Sarah C Derrington and Kennett JJ)

Catchwords: MIGRATION – Application for writ of habeas corpus and declaration that item 4 of Sch 1 to Migration Amendment (Aggregate Sentences) Act 2023 (Cth) (Amending Act) is invalid – where previous Full Court judgment held cancellation of applicant’s visa invalid as applicant’s aggregate sentence of 12 months’ imprisonment not within scope of s 501(7)(c)

Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167 (19 October 2023) (Katzmann, Sarah C Derrington and Kennett JJ) Read More »

JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 (19 October 2023) (Katzmann, Sarah C Derrington and Kennett JJ)

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Migration Act 1958 (Cth) (Act) – whether Tribunal misunderstood and so misapplied para 9.4.2 of Direction 90 when considering effect of cancellation of applicant’s visa on Australian business

JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 (19 October 2023) (Katzmann, Sarah C Derrington and Kennett JJ) Read More »

Monash Health v Singh [2023] FCAFC 166 (16 October 2023) (Katzmann, Snaden and Raper JJ)

Catchwords: INDUSTRIAL LAW – adverse action – appeal – where the respondent made a number of complaints and/or inquiries about his employment, commenced proceedings in the Fair Work Commission and took personal leave – where the respondent was found to have been dismissed from his employment in contravention of s 340(1) of Fair Work Act

Monash Health v Singh [2023] FCAFC 166 (16 October 2023) (Katzmann, Snaden and Raper JJ) Read More »

Elliott-Carde v McDonald’s Australia Limited [2023] FCAFC 162 (12 October 2023) (Beach, Lee and Colvin JJ)

Catchwords: REPRESENTATIVE PROCEEDINGS – question reserved under s 25(6) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – whether Court has power pursuant to s 33V of FCA Act to make a “common fund order” upon settlement of proceeding – where no such order has yet been sought – anterior questions of

Elliott-Carde v McDonald’s Australia Limited [2023] FCAFC 162 (12 October 2023) (Beach, Lee and Colvin JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v Quirk [2023] FCAFC 163 (11 October 2023) (Rares Acj, Katzmann and Colvin JJ)

Catchwords: INDUSTRIAL LAW – registered organisations – where trade union officials elected to office and employed under rules registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – where officials charged with “gross misbehaviour” as an official under rule made pursuant to rule-making power in s 141(1)(c)(iii) of Act after criticising union in media

Construction, Forestry, Maritime, Mining and Energy Union v Quirk [2023] FCAFC 163 (11 October 2023) (Rares Acj, Katzmann and Colvin JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The 250 East Terrace Case) [2023] FCAFC 161 (09 October 2023) (Charlesworth, Snaden and Raper JJ)

Catchwords: INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia – unlawful picketing – pecuniary penalties – principles to be applied – whether primary judge erred in assessing wrongdoing by reference to availability of lawful alternative remedy – whether penalties manifestly excessive – whether conduct was objectively serious – whether conduct was

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The 250 East Terrace Case) [2023] FCAFC 161 (09 October 2023) (Charlesworth, Snaden and Raper JJ) Read More »

Kitchen v Director of Professional Services Review [2023] FCAFC 160 (03 October 2023) (Charlesworth, Sarah C Derrington and Downes JJ)

Catchwords: COSTS – application for leave to appeal a costs order – whether leave to appeal should be granted – whether primary judgment attended by sufficient doubt – whether adequate reasons given by primary judge – where delay in giving judgment – whether primary judge erred in concluding that first respondent’s resistance of the proceeding

Kitchen v Director of Professional Services Review [2023] FCAFC 160 (03 October 2023) (Charlesworth, Sarah C Derrington and Downes JJ) Read More »

Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158 (29 September 2023) (Moshinsky, Burley and Kennett JJ)

Catchwords: PATENTS – construction – whether the primary judge erred in construction of “downhole equipment” and “downhole gathering data system” as excluding equipment for use in holes drilled for oil and gas exploration and production and wireline telemetry equipment – whether primary judge erred in construing the phrases “electromagnetic signal direction altering means”, “reflector” and

Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158 (29 September 2023) (Moshinsky, Burley and Kennett JJ) Read More »

Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157 (28 September 2023) (O’Callaghan, Goodman and Kennett JJ)

Catchwords: MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – meaning of “family violence”, “family” and “member of the person’s family” in Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA considered – whether

Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157 (28 September 2023) (O’Callaghan, Goodman and Kennett JJ) Read More »