FCAFC

Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108 (27 June 2022) (Besanko, Lee and O’Bryan JJ)

Catchwords: CONSUMER LAW – consumer credit – alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (Act) and the National Credit Code in Sch 1 of the Act – prohibition on engaging in credit activity without an Australian credit licence – where second respondent provided loan application services to applicants for credit and …

Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108 (27 June 2022) (Besanko, Lee and O’Bryan JJ) Read More »

Comptroller-General of Customs v Alstom Transport Australia Pty Ltd [2022] FCAFC 109 (27 June 2022) (Markovic, Thawley and Hespe JJ)

Catchwords: TAXATION – customs and excise – tariff concession order (TCO) – core criteria – substitutable goods – appeal from decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal set aside decision of the applicant to refuse the respondent’s application for a TCO – whether Tribunal erred in applying s 269B and 269C of …

Comptroller-General of Customs v Alstom Transport Australia Pty Ltd [2022] FCAFC 109 (27 June 2022) (Markovic, Thawley and Hespe JJ) Read More »

DGPZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 107 (27 June 2022) (Besanko, Wheelahan and Rofe JJ)

Catchwords: PRACTICE AND PROCEDURE — application for extension of time within which to file Notice of appeal from orders made by Federal Court of Australia — where applicant filed application approximately three months out of time — where applicant in immigration detention and received limited legal assistance — where applicant deposed to belief he had …

DGPZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 107 (27 June 2022) (Besanko, Wheelahan and Rofe JJ) Read More »

Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 (22 June 2022) (Bromwich, Thomas and Raper JJ)

Catchwords: MIGRATION – s 501(3A) Migration Act 1958 (Cth) – where the Minister’s delegate determined not to revoke cancellation of the appellant’s visa – application for judicial review of the decision of the Administrative Appeals Tribunal affirming a decision of the delegate not to revoke cancellation – whether the Tribunal misconstrued paragraph 13.2(4)(f) of Direction …

Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 (22 June 2022) (Bromwich, Thomas and Raper JJ) Read More »

LCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103 (16 June 2022) (Middleton, Lee and Anderson JJ)

Catchwords: CORPORATIONS – appeal from the decision of the primary judge in Stanwell Corporation Limited v LCM Funding Pty Ltd [2021] FCA 1430 – whether the primary judge ought to have found that the litigation funding scheme does not have the features of the definition of a managed investment scheme (MIS) as set out in …

LCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103 (16 June 2022) (Middleton, Lee and Anderson JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd [2022] FCAFC 101 (09 June 2022) (Collier, Bromwich and Lee JJ)

Catchwords: INDUSTRIAL LAW – application for judicial review – writs of certiorari and mandamus sought – where Full Bench confirmed a decision of a Deputy President of the Fair Work Commission determining the CFMMEU did not have standing to make an application for a bargaining order under s 229 of the Fair Work Act 2009 …

Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd [2022] FCAFC 101 (09 June 2022) (Collier, Bromwich and Lee JJ) Read More »

Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102 (09 June 2022) (Bromwich, Lee and Thawley JJ)

Catchwords: CONTEMPT OF COURT – where Registrar appointed by primary judge to continue conduct of contempt charges originally brought by special purpose liquidator after settlement of principle claim – whether a denial of procedural fairness because of an asserted lack of opportunity to be heard – whether there was power to appoint the Registrar to …

Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102 (09 June 2022) (Bromwich, Lee and Thawley JJ) Read More »

Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100 (08 June 2022) (Rangiah, SC Derrington and Abraham JJ)

Catchwords: INDUSTRIAL LAW – unfair dismissal – whether primary judge denied appellant opportunity to run his case – whether primary judge erred in failing to find inadequate translation at directions hearing denied appellant procedural fairness – whether findings made by primary judge relating to return to work plan and identity of employer supported by the …

Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100 (08 June 2022) (Rangiah, SC Derrington and Abraham JJ) Read More »

BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 (06 June 2022) (Farrell, Perry and Derrington JJ)

Catchwords: MIGRATION – where the Primary Judge dismissed an application for review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent not to revoke the mandatory cancellation of the applicant’s Refugee visa – whether Tribunal failed to correctly apply Direction 90 issued pursuant to s …

BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 (06 June 2022) (Farrell, Perry and Derrington JJ) Read More »

Tucker v McKee [2022] FCAFC 98 (03 June 2022) (Allsop CJ, Kenny and Jagot JJ)

Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – defamation – alleged defamatory imputations in email from first respondent to employees of second respondent – whether pleadings disclose matter within federal jurisdiction – whether respondents’ pleading of common law defence of qualified privilege based in part on legal duty or interest by reference to …

Tucker v McKee [2022] FCAFC 98 (03 June 2022) (Allsop CJ, Kenny and Jagot JJ) Read More »

Raghubir v Nicolopoulos [2022] FCAFC 97 (03 June 2022) (Allsop CJ, Kenny and Jagot JJ)

Catchwords: HIGH COURT AND FEDERAL COURT – appeal from single judge of the Federal Court – whether the Federal Court has jurisdiction to hear the appellants’ defamation claim – alleged defamatory publications made only within New South Wales – first respondent resident of New South Wales – other respondents being incorporated pursuant to the Strata …

Raghubir v Nicolopoulos [2022] FCAFC 97 (03 June 2022) (Allsop CJ, Kenny and Jagot JJ) Read More »

Kumar v Secretary, Department of Social Services [2022] FCAFC 95 (01 June 2022) (Perry, SC Derrington and Stewart JJ)

Catchwords: ADMINISTRATIVE LAW – appeal against decision to dismiss an appeal under the Administrative Appeals Tribunal Act 1975 (Cth) – appeal against decision to dismiss an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the primary judge erred in not finding a denial of natural justice – whether the primary judge …

Kumar v Secretary, Department of Social Services [2022] FCAFC 95 (01 June 2022) (Perry, SC Derrington and Stewart JJ) Read More »

FKV17 v Minister for Home Affairs [2022] FCAFC 93 (25 May 2022) (Greenwood, Rangiah and Beach JJ)

Catchwords: MIGRATION – consideration of whether the Federal Circuit Court (the “primary court”) engaged in jurisdictional error in considering an application and ultimately exercising the discretion arising under s 477(2) of the Migration Act 1958 (Cth) (the “Act”) to extend (or not extend) the 35 day period within which an application must be made before …

FKV17 v Minister for Home Affairs [2022] FCAFC 93 (25 May 2022) (Greenwood, Rangiah and Beach JJ) Read More »

Hurley v Collector of Customs [2022] FCAFC 92 (24 May 2022) (Moshinsky, Banks-Smith and Colvin JJ)

Catchwords: TAXATION – customs duty – where the Collector of Customs served a demand for payment on the applicant under s 35A of the Customs Act 1901 (Cth) – where the relevant goods (alcoholic beverages) were the subject of a periodic settlement permission under which the goods could be delivered into home consumption without being …

Hurley v Collector of Customs [2022] FCAFC 92 (24 May 2022) (Moshinsky, Banks-Smith and Colvin JJ) Read More »

GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 91 (24 May 2022) (Rangiah, Markovic and Snaden JJ)

Catchwords: MIGRATION – appeal from an order of the Federal Court of Australia dismissing an application for judicial review – where the primary judge upheld a decision of the second respondent (Tribunal) to affirm a decision made by a delegate of the first respondent to refuse to grant a Bridging E visa to the appellant …

GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 91 (24 May 2022) (Rangiah, Markovic and Snaden JJ) Read More »

Argo Managing Agency Ltd for and on behalf of the underwriting members of Lloyd’s Syndicate 1200 v Quintis Ltd (subject to deed of company arrangement) [2022] FCAFC 86 (19 May 2022) (Allsop CJ, Middleton and Yates JJ)

Catchwords: INSURANCE – directors and officers’ liability insurance – four policies of insurance – amount of cover for “Entity Securities Liability Optional Extension” (“Side C cover”) – whether Side C cover sub-limited to primary policy – whether policies should be rectified – whether up to $50 million in Side C cover – Lloyd’s insurance market …

Argo Managing Agency Ltd for and on behalf of the underwriting members of Lloyd’s Syndicate 1200 v Quintis Ltd (subject to deed of company arrangement) [2022] FCAFC 86 (19 May 2022) (Allsop CJ, Middleton and Yates JJ) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89 (18 May 2022) (Markovic, Thawley and Cheeseman JJ)

Catchwords: MIGRATION – appeal from decision of primary judge to grant application for judicial review of Administrative Appeals Tribunal’s decision to affirm a decision of a delegate of the Minister not to revoke a mandatory visa cancellation – whether finding about health and rehabilitation services in Canada required evidence – whether no evidentiary material identified …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89 (18 May 2022) (Markovic, Thawley and Cheeseman JJ) Read More »

viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87 (18 May 2022) (Yates, Abraham and Cheeseman JJ)

Catchwords: CONSUMER LAW – misleading or deceptive conduct – contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law – part price representations in contravention of s 48(1) of the Australian Consumer Law – where appellant contended that primary judge erred in finding three of four representations were conveyed – Held: appeal dismissed. …

viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87 (18 May 2022) (Yates, Abraham and Cheeseman JJ) Read More »

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V [2022] FCAFC 88 (18 May 2022) (Perram, Nicholas and Burley JJ)

Catchwords: PATENTS – where leave to appeal sought against primary judge’s decision dismissing appeal from decision of delegate of the Commissioner of Patents rejecting opposition to patent application on ground that the invention as claimed did not involve an inventive step – whether primary judge erred in assessment of expert evidence – whether primary judge …

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V [2022] FCAFC 88 (18 May 2022) (Perram, Nicholas and Burley JJ) Read More »

Bazzi v Dutton [2022] FCAFC 84 (17 May 2022) (Rares, Rangiah and Wigney JJ)

Catchwords: APPEAL AND NEW TRIAL – test for determining whether primary judge erred in finding ordinary reasonable reader would understand defamatory publication conveyed imputation – whether appellant must demonstrate error in finding of fact or error in exercise of discretionary judgment – whether obiter dicta in Gatto v Australian Broadcasting Corporation [2022] VSCA 66 correct …

Bazzi v Dutton [2022] FCAFC 84 (17 May 2022) (Rares, Rangiah and Wigney JJ) Read More »

Heiner v Minister for Home Affairs [2022] FCAFC 81 (17 May 2022) (Katzmann, Beach and Goodman JJ)

Catchwords: ADMINISTRATIVE LAW — appeal from dismissal of application for judicial review of a decision of the Australian Human Rights Commission to cease inquiring into appellant’s complaint — where appellant’s Australian citizenship ceased in 1999 by operation of s 17 of the Australian Citizenship Act 1948 (Cth) — where Minister refused to grant appellant a …

Heiner v Minister for Home Affairs [2022] FCAFC 81 (17 May 2022) (Katzmann, Beach and Goodman JJ) Read More »

QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82 (16 May 2022) (SC Derrington, O’Bryan and Abraham JJ)

Catchwords: MIGRATION – appeal from Federal Circuit of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm delegate’s decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal failed to actively consider appellant’s representations – whether Tribunal failed to …

QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82 (16 May 2022) (SC Derrington, O’Bryan and Abraham JJ) Read More »

Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 83 (16 May 2022) (Bromwich, Lee and Stewart JJ)

Catchwords: MIGRATION – appeal from decision of primary judge dismissing Mr Bethell’s application for habeas corpus –unlawful non-citizen – detention pending removal from Australia – where s 189 of Migration Act 1958 (Cth) requires unlawful non-citizen be detained – where s 196 requires unlawful non-citizen detained under s 189 be kept in immigration detention – …

Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 83 (16 May 2022) (Bromwich, Lee and Stewart JJ) Read More »

Ferdinands v Registrar Cridland [2022] FCAFC 80 (16 May 2022) (Charlesworth, Burley and Cheeseman JJ)

Catchwords: ADMINISTRATIVE LAW — concurrent appeals – appellant lodging documents for filing – Registrars rejecting the documents under r 2.26 of the Federal Court Rules 2011 (Cth) – primary judge dismissing applications for judicial review of the Registrars’ decisions —primary judge concluding that the Registrars did not err in characterising the documents as an abuse …

Ferdinands v Registrar Cridland [2022] FCAFC 80 (16 May 2022) (Charlesworth, Burley and Cheeseman JJ) Read More »

Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79 (13 May 2022) (Collier, Abraham and Cheeseman JJ)

Catchwords: ADMINISTRATIVE LAW – whether primary judge erred in finding that a notice issued under s 522 of the Telecommunications Act 1997 (Cth) is subject to an implied entitlement disclosure condition – whether primary judge erred in finding that the notice issued by the Australian Communications and Media Authority (ACMA) complied with the implied entitlement …

Mosaic Brands Ltd v Australian Communications and Media Authority [2022] FCAFC 79 (13 May 2022) (Collier, Abraham and Cheeseman JJ) Read More »

Shepherd v Watt [2022] FCAFC 78 (13 May 2022) (Greenwood, Burley and Halley JJ)

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal and appeal from orders made dismissing an application for leave to file an amended cross-claim and to extend the time to file evidence – whether sufficient doubt to warrant reconsideration of the discretion to make the orders – whether primary judge’s exercise of his discretion …

Shepherd v Watt [2022] FCAFC 78 (13 May 2022) (Greenwood, Burley and Halley JJ) Read More »

Ashby v Commonwealth of Australia [2022] FCAFC 77 (12 May 2022) (Katzmann, Abraham and Goodman JJ)

Catchwords: ADMINISTRATIVE LAW – where s 65(1) of the Public Governance Performance and Accountability Act 1913 (Cth) (PGPA Act) permits the Finance Minister on behalf of the Commonwealth to authorise acts of grace payments if the Minister considers it appropriate to do so because of special circumstances — where appellant applied under the PGPA Act …

Ashby v Commonwealth of Australia [2022] FCAFC 77 (12 May 2022) (Katzmann, Abraham and Goodman JJ) Read More »

Darnell v Stonehealth Pty Ltd [2022] FCAFC 76 (11 May 2022) (Markovic, Thomas and Stewart JJ)

Catchwords: ADMINISTRATIVE LAW – appeal from Federal Court of Australia – where primary judge dismissed an application for judicial review brought under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B(1A) of the Judiciary Act 1903 (Cth) – where appellant seeks to quash the decisions of the Australian Community Pharmacy …

Darnell v Stonehealth Pty Ltd [2022] FCAFC 76 (11 May 2022) (Markovic, Thomas and Stewart JJ) Read More »

XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74 (11 May 2022) (Bromberg, Stewart and Goodman JJ)

Catchwords: MIGRATION – Appeal from application for judicial review of decision of the Administrative Appeals Tribunal affirming delegate’s decision to not revoke the cancellation of the appellant’s visa – where visa cancelled because of appellant’s criminal record – where visa mandatorily cancelled under s 501(3A) Migration Act 1958 (Cth) – whether “another reason” for revocation …

XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74 (11 May 2022) (Bromberg, Stewart and Goodman JJ) Read More »

Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75 (10 May 2022) (Rangiah, Downes and McElwaine JJ)

Catchwords: INDUSTRIAL LAW – appeal from a decision of the Federal Circuit Court of Australia – where primary judge held that the first and second respondents contravened s 535 of the Fair Work Act 2009 (Cth) and otherwise dismissed the application with no order imposing pecuniary penalties – whether the primary judge erred by not …

Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75 (10 May 2022) (Rangiah, Downes and McElwaine JJ) Read More »

BioGiene Pty Limited v Mullan [2022] FCAFC 73 (09 May 2022) (Charlesworth, O’Callaghan and Snaden JJ)

Catchwords: INDUSTRIAL LAW – award coverage – appellant employed respondent as cleaner in abattoir under the terms of the Meat Industry Award 2010 (“MIA”) – respondent applied to South Australian Employment Court (“SAEC”) alleging failure by appellant to comply with the Cleaning Services Award 2010 (“CSA”) – SAEC held respondent’s employment covered by the CSA …

BioGiene Pty Limited v Mullan [2022] FCAFC 73 (09 May 2022) (Charlesworth, O’Callaghan and Snaden JJ) Read More »

CKL21 v Minister for Home Affairs [2022] FCAFC 70 (05 May 2022) (Moshinsky, O’Bryan and Cheeseman JJ)

Catchwords: MIGRATION – decision of the Minister not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether decision of the Minister affected by jurisdictional error – where Minister made a finding that “Australia has a low tolerance of criminal conduct for people… who have been participating in, …

CKL21 v Minister for Home Affairs [2022] FCAFC 70 (05 May 2022) (Moshinsky, O’Bryan and Cheeseman JJ) Read More »

EXT20 v Minister for Home Affairs [2022] FCAFC 72 (05 May 2022) (Mortimer, Wigney and Snaden JJ)

Catchwords: MIGRATION – appeal – refusal to revoke mandatory cancellation of appellant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) – where appellant made representations about risk of harm if returned to country of nationality – representations made within the prescribed period but after receipt of a notice under s 501CA(3) that misrepresented …

EXT20 v Minister for Home Affairs [2022] FCAFC 72 (05 May 2022) (Mortimer, Wigney and Snaden JJ) Read More »

Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69 (04 May 2022) (Yates, Moshinsky and Rofe JJ)

Catchwords: PATENTS – alleged infringement by supply of products – s 117 of the Patents Act 1990 (Cth) – staple commercial product – whether essential oil derived from the shrub Kunzea ambigua was a staple commercial product – where the primary judge found that the oil was a staple commercial product – whether the primary …

Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69 (04 May 2022) (Yates, Moshinsky and Rofe JJ) Read More »

Qantas Airways Ltd v Transport Workers’ Union of Australia [2022] FCAFC 71 (04 May 2022) (Bromberg, Rangiah and Bromwich JJ)

Catchwords: INDUSTRIAL LAW – employer appeal – adverse action – decision of Qantas to outsource ground handling operations during COVID-19 pandemic – appeal from the decision of the primary judge finding that Qantas Airways Ltd contravened s 340(1)(b) of the Fair Work Act 2009 (Cth) (FW Act) – construction of s 340(1)(b) of the FW …

Qantas Airways Ltd v Transport Workers’ Union of Australia [2022] FCAFC 71 (04 May 2022) (Bromberg, Rangiah and Bromwich JJ) Read More »

Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66 (29 April 2022) (Jagot, Charlesworth and O’Bryan JJ)

Catchwords: NATIVE TITLE – where the first respondent intends to grant a mineral lease (ML 29881) to the third respondent under the Mineral Titles Act 2010 (NT) – where land subject to the proposed lease would be used for the construction of a “dredge spoil emplacement area” to deposit dredged material from a loading facility …

Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66 (29 April 2022) (Jagot, Charlesworth and O’Bryan JJ) Read More »

Garner v Central Innovation Pty Limited [2022] FCAFC 64 (21 April 2022) (Charlesworth, Stewart and Halley JJ)

Catchwords: INDUSTRIAL LAW – appeal from decision of primary judge that judgment and verdict be entered in favour of respondents in respect of 36 customers lost due to actions of appellant – whether primary judge wrongly departed from the case pleaded by the appellant – whether primary judge erred in finding that respondents established loss …

Garner v Central Innovation Pty Limited [2022] FCAFC 64 (21 April 2022) (Charlesworth, Stewart and Halley JJ) Read More »

State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63 (20 April 2022) (Greenwood, Nicholas and Anderson JJ)

Catchwords: COPYRIGHT – carry-all bag designed by director of appellant – whether copyright subsists in carry-all bag as a work of artistic craftsmanship – meaning of “work of artistic craftsmanship” – relevance of functionality and aesthetics – consideration of the extent to which any artistic expression in the form of the carry-all bag is constrained …

State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63 (20 April 2022) (Greenwood, Nicholas and Anderson JJ) Read More »

Nyoni v Bird [2022] FCAFC 61 (14 April 2022) (Mortimer, Rofe and McElwaine JJ)

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the primary judge dismissing an application for review of a decision of the Registrar to refuse to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) – whether the primary judge erred in finding that the Court …

Nyoni v Bird [2022] FCAFC 61 (14 April 2022) (Mortimer, Rofe and McElwaine JJ) Read More »

Commissioner of Patents v Thaler [2022] FCAFC 62 (13 April 2022) (Allsop CJ, Nicholas, Yates, Moshinsky and Burley JJ)

Catchwords: PATENTS – artificial intelligence – where Patents Regulations 1991 (Cth) require name of the inventor to be provided in application under the Patent Cooperation Treaty – where patent application named DABUS, an artificial intelligence machine, as inventor – where parties agreed that the invention described in the patent application was the output of the …

Commissioner of Patents v Thaler [2022] FCAFC 62 (13 April 2022) (Allsop CJ, Nicholas, Yates, Moshinsky and Burley JJ) Read More »

KTC v David [2022] FCAFC 60 (13 April 2022) (Wigney, Anastassiou and Jackson JJ)

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – whether decision of primary judge attended by sufficient doubt to warrant grant of leave – whether substantial injustice would result from a refusal of leave – where interlocutory orders have practical effect of finally determining the rights of a party to proceeding – whether …

KTC v David [2022] FCAFC 60 (13 April 2022) (Wigney, Anastassiou and Jackson JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Monash Freeway Widening Case) [2022] FCAFC 59 (11 April 2022) (Bromberg, Charlesworth and McElwaine JJ)

Catchwords: INDUSTRIAL LAW – appeal from judgment and orders based on a finding of contravention of s 500 of the Fair Work Act 2009 (Cth) – permit holder found to have acted in an improper manner in the exercise of powers – permit holder found to have physically pushed past a project manager at a …

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Monash Freeway Widening Case) [2022] FCAFC 59 (11 April 2022) (Bromberg, Charlesworth and McElwaine JJ) Read More »

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2022] FCAFC 57 (08 April 2022) (Jagot, Burley and Rofe JJ)

Catchwords: INTELLECTUAL PROPERTY — copyright and trademark infringement, statutory and tortious claims arising from use of statue in gender equality campaign — where primary judge correctly found that statue had broader reputation in Australia distinct from original use by American financial institution — where primary judge erred by ordering permanent injunction despite dismissing appellants’ claims …

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2022] FCAFC 57 (08 April 2022) (Jagot, Burley and Rofe JJ) Read More »

Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 (07 April 2022) (Collier, Perry and Anastassiou JJ)

Catchwords: MIGRATION – appeal of a decision of a single Judge of this Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the appellant’s Subclass 444 Special Category (Temporary) visa was cancelled pursuant to s 501(6) of the Migration Act 1958 (Cth) – where the appellant was …

Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 (07 April 2022) (Collier, Perry and Anastassiou JJ) Read More »

Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd (No 2) [2022] FCAFC 55 (07 April 2022) (Bromberg, Wheelahan and Snaden JJ)

Catchwords: INDUSTRIAL LAW – enterprise agreements – greenfields agreements – Fair Work Commission approved greenfields agreement between respondents and Transport Workers’ Union – rival union appealed approval decision – Fair Work Commission Full Bench upheld approval – application for review of both Fair Work Commission decisions – whether Fair Work Commission had jurisdiction to approve …

Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd (No 2) [2022] FCAFC 55 (07 April 2022) (Bromberg, Wheelahan and Snaden JJ) Read More »

Decon Australia Pty Ltd v TFM Epping Land Pty Ltd [2022] FCAFC 54 (06 April 2022) (Yates, O’Callaghan and Halley JJ)

Catchwords: CORPORATIONS – appeal from decision of primary judge refusing to terminate deeds of company arrangement pursuant to s 445D(1) of the Corporations Act 2001 (Cth) – where primary judge made evaluative determinations in relation to ss 445D(1)(c), 445D(1)(e), 445D(1)(f)(i), 445D(1)(f)(ii) and 445D(1)(g) of the Corporations Act 2001 (Cth) – whether House v The King …

Decon Australia Pty Ltd v TFM Epping Land Pty Ltd [2022] FCAFC 54 (06 April 2022) (Yates, O’Callaghan and Halley JJ) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52 (05 April 2022) (Jagot, Mortimer and Abraham JJ)

Catchwords: MIGRATION – appeal from a decision of the Federal Court of Australia – where primary judge granted declaratory relief regarding the application of 198AD(2) to the respondent – where primary judge compelled Secretary of Department of Home Affairs to remove respondent as soon as reasonably practicable from Australia – where primary judge ordered detention …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52 (05 April 2022) (Jagot, Mortimer and Abraham JJ) Read More »

Mid West Port Authority v Construction, Forestry, Maritime, Mining, and Energy Union [2022] FCAFC 53 (05 April 2022) (Mortimer, Banks-Smith and Colvin JJ)

Catchwords: INDUSTRIAL LAW – appeal from decision of Western Australian Industrial Magistrates Court – where enterprise agreement was approved by the Fair Work Commission – where following approval it was discovered that approximately 40% of employees to be covered by the enterprise agreement were not given an opportunity to vote for the enterprise agreement as …

Mid West Port Authority v Construction, Forestry, Maritime, Mining, and Energy Union [2022] FCAFC 53 (05 April 2022) (Mortimer, Banks-Smith and Colvin JJ) Read More »

Australian Licensed Aircraft Engineers Association v Qantas Airways Limited [2022] FCAFC 50 (01 April 2022) (Besanko, Bromberg and Wheelahan JJ)

Catchwords: INDUSTRIAL LAW — appeal from declarations made by Federal Court of Australia — where following onset of COVID-19 pandemic, respondent airlines each stood down number of Licensed Aircraft Maintenance Engineers (Aircraft Engineers) — where enterprise agreement with respect to each respondent contained stand down clause providing that respondents had right to deduct payment for …

Australian Licensed Aircraft Engineers Association v Qantas Airways Limited [2022] FCAFC 50 (01 April 2022) (Besanko, Bromberg and Wheelahan JJ) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Gupta [2022] FCAFC 51 (31 March 2022) (Farrell, Snaden and Abraham JJ)

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where FCCA Judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal – where AAT found that no spousal relationship of the kind described in s 5F of the Migration Act 1958 (Cth) ever existed so …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Gupta [2022] FCAFC 51 (31 March 2022) (Farrell, Snaden and Abraham JJ) Read More »

BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49 (30 March 2022) (Logan, Jagot and Halley JJ)

Catchwords: MIGRATION – application for issue of writ of certiorari and mandamus to Federal Circuit Court – where Federal Circuit Court declined application to extend the time to apply for relief pursuant to s 476 of the Migration Act 1958 (Cth) – where application made 10 months and 29 days outside period prescribed in s …

BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49 (30 March 2022) (Logan, Jagot and Halley JJ) Read More »

Avant Insurance Limited v Darshn [2022] FCAFC 48 (29 March 2022) (Jagot, Derrington and Colvin JJ)

Catchwords: INSURANCE — whether lawyers retained by insurer to act for insured had authority to give notice of facts that might give rise to claim on behalf of insured — whether lawyers retained by insurer for insured did give notice of facts that might give rise to claim against insured to insurer — whether insurer’s …

Avant Insurance Limited v Darshn [2022] FCAFC 48 (29 March 2022) (Jagot, Derrington and Colvin JJ) Read More »

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2022] FCAFC 46 (28 March 2022) (Griffiths, O’Callaghan and Thawley JJ)

Catchwords: COSTS – where appeal allowed – where appellant only successful on one of three grounds of appeal – appropriate case to apportion costs of appeal and proceeding below – whether all respondents should be liable for costs – where second to sixth respondents did not take active role concerning successful ground of appeal – …

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2022] FCAFC 46 (28 March 2022) (Griffiths, O’Callaghan and Thawley JJ) Read More »

Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (28 March 2022) (Murphy, Beach and Lee JJ)

Catchwords: REPRESENTATIVE PROCEEDINGS – class closure orders – two questions reserved for determination – first question as to whether Court has power under s 33ZF of the Federal Court of Australia Act 1976 (Cth) to order that unless group members register or opt out by a certain date they will remain a group member but …

Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (28 March 2022) (Murphy, Beach and Lee JJ) Read More »

Amir v Director of Professional Services Review [2022] FCAFC 44 (28 March 2022) (Lee, Stewart and Cheeseman JJ)

Catchwords: STATUTORY INTERPRETATION – the meaning of the terms “decision”, “decide”, “decides” and “decided” in the context of the Health Insurance Act 1973 (Cth) – whether primary judge erred in her construction of ss 88A and 94(1) – where the Chief Executive Medicare requested the Director of Professional Services Review to review the provision of …

Amir v Director of Professional Services Review [2022] FCAFC 44 (28 March 2022) (Lee, Stewart and Cheeseman JJ) Read More »

FJE20 v Minister for Home Affairs [2022] FCAFC 45 (24 March 2022) (Allsop CJ, Mortimer and SC Derrington JJ)

Catchwords: MIGRATION – application for an extension of time and leave to appeal from a decision of Federal Circuit Court of Australia (FCC) – primary judge held the FCC did not have jurisdiction under s 476 of the Migration Act 1958 (Cth) – where applicant an unlawful non-citizen brought to Australia for temporary purpose – …

FJE20 v Minister for Home Affairs [2022] FCAFC 45 (24 March 2022) (Allsop CJ, Mortimer and SC Derrington JJ) Read More »

Wuth v Comcare [2022] FCAFC 42 (22 March 2022) (Griffiths, Wheelahan and Snaden JJ)

Catchwords: WORKERS’ COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal heard by the Full Court in the court’s original jurisdiction – where the Tribunal determined that the applicant did not suffer an “injury” for the purposes of s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (Act) and therefore that …

Wuth v Comcare [2022] FCAFC 42 (22 March 2022) (Griffiths, Wheelahan and Snaden JJ) Read More »

Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43 (22 March 2022) (Logan, Griffiths and Perry JJ)

Catchwords: COSTS – whether costs should be paid on an indemnity rather than a party/party basis – where Chief Executive of the Australian Skills Quality Authority (ASQA) made an offer of compromise – where ASQA seeks costs of and incidental to appeal on an indemnity basis under r 25.14(2) of the Federal Court Rules 2011 …

Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43 (22 March 2022) (Logan, Griffiths and Perry JJ) Read More »

Merck Sharp and Dohme Corp. v Sandoz Pty Ltd [2022] FCAFC 40 (18 March 2022) (Allsop CJ, Yates and Burley JJ)

Catchwords: INTELLECTUAL PROPERTY – patents – whether extension of term of patent valid – construction of ss 71(2)(b) and 77 of the Patents Act 1990 (Cth) (Patents Act) – consideration of history and purpose of Pt 3 of Ch 6 of the Patents Act – challenge to construction of s 70(5) in Pfizer Corp – …

Merck Sharp and Dohme Corp. v Sandoz Pty Ltd [2022] FCAFC 40 (18 March 2022) (Allsop CJ, Yates and Burley JJ) Read More »

Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41 (17 March 2022) (Bromberg, Murphy, Markovic JJ)

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where appellant disclosed a criminal conviction in a visa application but had failed to do so in an earlier visa application – whether apprehended bias on the part of the Administrative Appeals Tribunal established – applicable test for apprehended bias – …

Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41 (17 March 2022) (Bromberg, Murphy, Markovic JJ) Read More »

Attorney General of New South Wales v Ohlsen on behalf of the Ngemba/Ngiyampaa People [2022] FCAFC 38 (16 March 2022) (Bromberg, Mortimer and Jackson JJ)

Catchwords: NATIVE TITLE – extinguishment – appeal from orders of primary judge in relation to separate questions – whether statutory leases conferred exclusive possession over the lease areas within the meaning of s 23B(2)(c)(viii) of the Native Title Act 1993 (Cth) – whether certain statutory leases consisted of a grant of a “Scheduled interest” within …

Attorney General of New South Wales v Ohlsen on behalf of the Ngemba/Ngiyampaa People [2022] FCAFC 38 (16 March 2022) (Bromberg, Mortimer and Jackson JJ) Read More »

Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36 (16 March 2022) (Griffiths, Rangiah and Perry JJ)

Catchwords: HUMAN RIGHTS – Disability discrimination in employment – Disability Discrimination Act 1992 (Cth) – appeal from a single judge of the Federal Court of Australia – whether revocation of appellant’s position in NSW Police Force constituted direct discrimination – whether primary judge erred in finding there was no decision by first respondent to revoke …

Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36 (16 March 2022) (Griffiths, Rangiah and Perry JJ) Read More »

Minister for the Environment v Sharma [2022] FCAFC 35 (15 March 2022) (Allsop CJ, Beach and Wheelahan JJ)

Catchwords: NEGLIGENCE – representative proceeding on behalf of Australian children under 18 against the Minister for the Environment – threat of global warming and climate change to the world and mankind – novel duty of care – declaration that Minister owed Children duty of care when exercising power under ss 130 and 133 of the …

Minister for the Environment v Sharma [2022] FCAFC 35 (15 March 2022) (Allsop CJ, Beach and Wheelahan JJ) Read More »

Campbell v Northern Territory of Australia [2022] FCAFC 37 (14 March 2022) (Jagot, Bromwich and Abraham JJ)

Catchwords: STATUTORY INTERPRETATION — whether limitation on isolating detainee in cell under Youth Justice Regulations 2006 (NT) applied to detainee transferred to a prison under Youth Justice Act 2005 (NT) — application of statutory limitations period to commence proceedings for acts or omissions of officials — appeal dismissed PRACTICE AND PROCEDURE — application for leave …

Campbell v Northern Territory of Australia [2022] FCAFC 37 (14 March 2022) (Jagot, Bromwich and Abraham JJ) Read More »

Crowley v Worley Limited [2022] FCAFC 33 (11 March 2022) (Perram, Jagot and Murphy JJ)

Catchwords: CORPORATIONS – representative proceedings – whether primary judge erred in not finding that respondent engaged in misleading and deceptive conduct –whether primary judge erred in not finding that respondent contravened its continuous disclosure obligations – relevant representor was the corporation and not the board of the corporation – knowledge of the board not determinative …

Crowley v Worley Limited [2022] FCAFC 33 (11 March 2022) (Perram, Jagot and Murphy JJ) Read More »

Le v Scott [2022] FCAFC 31 (11 March 2022) (Mortimer, Snaden and McElwaine JJ)

Catchwords: BANKRUPTCY – appeal from judgment by which the appellant and his wife were found to be joint registered proprietors of a property – appellant contended that ownership in the property rested with his wife and his now-deceased brother – appellant and brother alleged to share similar names – existence of brother disputed – whether …

Le v Scott [2022] FCAFC 31 (11 March 2022) (Mortimer, Snaden and McElwaine JJ) Read More »

Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 29 (08 March 2022) (Lee, SC Derrington and Colvin JJ)

Catchwords: MIGRATION – appeal from dismissal of application for judicial review of Administrative Appeals Tribunal’s decision to affirm decision not to revoke mandatory cancellation of visa on character grounds – whether Tribunal under duty to inquire as to the best interests of any minor children affected by the cancellation decision – whether any such failure …

Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 29 (08 March 2022) (Lee, SC Derrington and Colvin JJ) Read More »

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30 (08 March 2022) (Griffiths, O’Callaghan and Thawley JJ)

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to set aside orders by consent – where Court made erroneous finding – appropriate to make orders pursuant to r 39.05(f) of the Federal Court Rules 2011 (Cth) ADMINISTRATIVE LAW – procedural fairness – whether Anti-Dumping Review Panel failed to comply with procedural fairness requirements in failing adequately …

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30 (08 March 2022) (Griffiths, O’Callaghan and Thawley JJ) Read More »

RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 (04 March 2022) (Nicholas, Yates and Burley JJ)

Catchwords: MIGRATION – appeal against order dismissing application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke a decision to cancel appellant’s visa – where appellant made representation concerning the prospect that he would experience indefinite detention – whether Tribunal failed to consider representation made by the appellant – whether …

RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 (04 March 2022) (Nicholas, Yates and Burley JJ) Read More »

Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 (03 March 2022) (Katzmann, Banks-Smith and Rofe JJ)

Catchwords: MIGRATION — appeal from a decision of a single judge — where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to refuse to grant the appellant a visa under s 501(1) of the Migration Act 1958 (Cth) — whether …

Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 (03 March 2022) (Katzmann, Banks-Smith and Rofe JJ) Read More »

Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25 (02 March 2022) (Jagot, Bromwich and Lee JJ)

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of the Administrative Appeals Tribunal affirming the Minister’s decision to refuse to grant appellant a student visa – whether Tribunal misconstrued cl 500.212 of Sch 2 to the Migration Regulations 1994 (Cth) – whether Tribunal was required to consider …

Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25 (02 March 2022) (Jagot, Bromwich and Lee JJ) Read More »

Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 24 (02 March 2022) (Farrell, Burley and Lee JJ)

Catchwords: MIGRATION – appeal from Federal Circuit Court decision to dismiss an application for review of delegate’s decision to cancel visa on basis that appellant posed a risk to individuals in the Australian community – application for leave to rely on amended notice of appeal – consideration of relevant principles – whether proposed grounds meritorious …

Nusipepa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 24 (02 March 2022) (Farrell, Burley and Lee JJ) Read More »

Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22 (01 March 2022) (Perry, Downes and McElwaine JJ)

Catchwords: MIGRATION – application for judicial review of a decision of the Federal Court of Australia – whether the primary judge erred in finding that the failure by the Administrative Appeals Tribunal to consider an express representation or claim made by the Appellant in respect of her two pet dogs was not material to the …

Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22 (01 March 2022) (Perry, Downes and McElwaine JJ) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v DOM19 [2022] FCAFC 21 (28 February 2022) (Mortimer, Halley and O’Sullivan JJ)

Catchwords: MIGRATION – appeal – Administrative Appeals Tribunal did not allow oral evidence from witness where applicant had not provided Minister with a written statement outlining evidence of that witness – proper construction of s 500(6H) of the Migration Act 1958 (Cth) – whether the written statement under s 500(6H) must notify the Minister of …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v DOM19 [2022] FCAFC 21 (28 February 2022) (Mortimer, Halley and O’Sullivan JJ) Read More »

McMillan v Warner (Trustee) [2022] FCAFC 20 (23 February 2022) (Logan, Farrell and Halley JJ)

Catchwords: BANKRUPTCY – appeal – where property was transferred to the appellant for $1 and the transferor subsequently became bankrupt – where 16 years had elapsed between the transfer and bankruptcy – where there was no temporal nexus between the creditors at the time of the transfer and the subsequent bankruptcy –where the primary judge …

McMillan v Warner (Trustee) [2022] FCAFC 20 (23 February 2022) (Logan, Farrell and Halley JJ) Read More »

FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 (22 February 2022) (O’Callaghan, Colvin and Derrington JJ)

Catchwords: MIGRATION – appeal from decision of primary judge dismissing application for review of Administrative Appeals Tribunal decision refusing to revoke visa cancellation – whether primary judge erred in finding immaterial error by the Tribunal in its approach to weighing considerations required to be taken into account by Direction 79 – contention by Minister on …

FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 (22 February 2022) (O’Callaghan, Colvin and Derrington JJ) Read More »

LCA Marrickville Pty Limited v Swiss Re International Se [2022] FCAFC 17 (21 February 2022) (Moshinsky, Derrington and Colvin JJ)

Catchwords: INSURANCE – construction of policies – principles of construction – requirement to read policy “as a whole” – requirement to read policy provisions in context – giving effect to specific or important clauses which might otherwise be rendered redundant by a broad reading of other clauses – whether incongruence or incoherence as opposed to …

LCA Marrickville Pty Limited v Swiss Re International Se [2022] FCAFC 17 (21 February 2022) (Moshinsky, Derrington and Colvin JJ) Read More »

Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16 (21 February 2022) (Moshinsky, Derrington and Colvin JJ)

Catchwords: INSURANCE – appeal from decision refusing application by insureds for declaratory relief – whether insurers obliged under insurance policy to indemnify for loss from business interruption caused by government orders directed to restricting spread of COVID-19 – where policy includes memorandum directed to extending indemnity to loss resulting from occurrence or discovery of notifiable …

Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16 (21 February 2022) (Moshinsky, Derrington and Colvin JJ) Read More »

James v Australia and New Zealand Banking Group Limited [2022] FCAFC 18 (18 February 2022) (Rares, Murphy and Banks-Smith JJ)

Catchwords: PRACTICE AND PROCEDURE – bankruptcy – whether primary judge’s exercise of discretion miscarried to refuse leave to amend grounds of opposition to bankruptcy petition at beginning of trial and adjourn hearing – where amendment sought to go behind consent judgment – where allowing amendments would have required adjournment of hearing of petition – where …

James v Australia and New Zealand Banking Group Limited [2022] FCAFC 18 (18 February 2022) (Rares, Murphy and Banks-Smith JJ) Read More »

Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 13 (17 February 2022) (Davies, Rangiah and Cheeseman JJ)

Catchwords: MIGRATION – appeal from a decision of the Federal Court of Australia – where appellant’s visa cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – where delegate of Minister made decision not to revoke cancellation of visa under s 501CA(4) – where Tribunal affirmed delegate’s decision not to revoke …

Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 13 (17 February 2022) (Davies, Rangiah and Cheeseman JJ) Read More »

Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2022] FCAFC 15 (16 February 2022) (Rangiah, O’Callaghan and Wheelahan JJ)

Catchwords: INDUSTRIAL LAW – enterprise agreements – application for judicial review of a decision of the Fair Work Commission to approve an enterprise agreement – jurisdictional error – whether the enterprise agreement was genuinely agreed to – whether the explanation given to employees satisfied s 180(5) of the Fair Work Act 2009 (Cth) –where there …

Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2022] FCAFC 15 (16 February 2022) (Rangiah, O’Callaghan and Wheelahan JJ) Read More »

Renton v Minister for Home Affairs [2022] FCAFC 11 (14 February 2022) (Charlesworth, Stewart and Halley JJ)

Catchwords: MIGRATION – mandatory cancellation of a visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where the Minister made a finding that the appellant has psychological sexual issues relating to children – whether expert evidence was required – whether leave should be granted …

Renton v Minister for Home Affairs [2022] FCAFC 11 (14 February 2022) (Charlesworth, Stewart and Halley JJ) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 (11 February 2022) (Beach, Thawley and Cheeseman JJ)

Catchwords: MIGRATION – Immigration Assessment Authority (IAA) – where primary judge found that the “receiving country” at the time of the IAA’s decision, namely Afghanistan, had ceased to exist and that there was the “new existence of a county being the Islamic Emirate of Afghanistan” with the result that the IAA’s decision some four years …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 (11 February 2022) (Beach, Thawley and Cheeseman JJ) Read More »

Wills v Chief Executive Officer of the Australian Skills Quality Authority [2022] FCAFC 10 (09 February 2022) (Logan, Griffiths and Perry JJ)

Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from a decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision of the Australian Skills Quality Authority to reject the second respondent’s application to renew its registration as a Registered Training Organisation under the National Vocational Education and Training Regulator Act 2011 (Cth) – …

Wills v Chief Executive Officer of the Australian Skills Quality Authority [2022] FCAFC 10 (09 February 2022) (Logan, Griffiths and Perry JJ) Read More »

Facebook Inc v Australian Information Commissioner [2022] FCAFC 9 (07 February 2022) (Allsop CJ, Perram, and Yates JJ)

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision dismissing application to set aside orders permitting service out of the jurisdiction – where originating application seeks relief under Privacy Act 1988 (Cth) (‘Act’) – where s 5B(3) of the Act requires ‘Australian link’ – whether Applicant carried on business in Australia – …

Facebook Inc v Australian Information Commissioner [2022] FCAFC 9 (07 February 2022) (Allsop CJ, Perram, and Yates JJ) Read More »

Riseley v Suncorp Portfolio Services Ltd [2022] FCAFC 8 (04 February 2022) (Banks-Smith, Stewart and Cheeseman JJ)

Catchwords: SUPERANNUATION – insurance – complaints under the Superannuation (Resolution of Complaints) Act 1993 (Cth) – judicial review of decision by the Superannuation Complaints Tribunal to deal with them as if they had been withdrawn because it thought that the complaints were “lacking in substance” – whether jurisdictional error or error of law by the …

Riseley v Suncorp Portfolio Services Ltd [2022] FCAFC 8 (04 February 2022) (Banks-Smith, Stewart and Cheeseman JJ) Read More »

Instagram Inc v Dialogue Consulting Pty Ltd [2022] FCAFC 7 (04 February 2022) (Jagot, Lee and Stewart JJ)

Catchwords: ARBITRATION – international commercial arbitration – appeal from refusal to stay proceeding in favour of arbitration under s 7 of the International Arbitration Act 1974 – where respondents filed stay application one year after proceeding was instituted – whether right to arbitration was waived – whether the primary judge’s discretion miscarried in determining the …

Instagram Inc v Dialogue Consulting Pty Ltd [2022] FCAFC 7 (04 February 2022) (Jagot, Lee and Stewart JJ) Read More »

XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6 (03 February 2022) (Rares, Yates and Snaden JJ)

Catchwords: MIGRATION – where Administrative Appeals Tribunal had no jurisdiction under s 500(1)(b) to review s 501(3A) decision to cancel visa in a review of delegate’s decision under s 501CA not to revoke cancellation – whether mandatory cancellation of visa under s 501(3A) must be legally effective before Minister can exercise duty and power under …

XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6 (03 February 2022) (Rares, Yates and Snaden JJ) Read More »

Commissioner of Taxation v Shell Energy Holdings Australia Limited [2022] FCAFC 2 (25 January 2022) (Allsop CJ, Davies and Thawley JJ)

Catchwords: TAXATION – where the respondent party to a joint venture agreement in relation to petroleum project – where joint venture participants held statutory titles which conferred authority to explore for petroleum – where respondent increased its proportional interest in statutory titles through purchase of additional proportional interest pursuant to an asset exchange agreement – …

Commissioner of Taxation v Shell Energy Holdings Australia Limited [2022] FCAFC 2 (25 January 2022) (Allsop CJ, Davies and Thawley JJ) Read More »

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 (16 January 2022) (Allsop CJ, Besanko J, O’Callaghan J)

Catchwords: MIGRATION – application for review of decision of the Minister to cancel visa under personal power under s 133C(3) of the Migration Act 1958 (Cth) – where Minister satisfied that a ground for cancelling the visa under s 116 of the Migration Act existed – where Minister satisfied that the presence of the applicant …

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 (16 January 2022) (Allsop CJ, Besanko J, O’Callaghan J) Read More »

Allison v Murphy [2021] FCAFC 232 (20 December 2021) (Besanko, Colvin and Downes JJ)

Catchwords: BANKRUPTCY AND INSOLVENCY – funds held in solicitor’s trust account when sequestration order was made by registrar – funds transferred to petitioning creditor after sequestration order made – transferred funds less than debt owed to creditor – creditor did not accept tender of payment of debt – whether judge conducted de novo hearing – …

Allison v Murphy [2021] FCAFC 232 (20 December 2021) (Besanko, Colvin and Downes JJ) Read More »

DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229 (17 December 2021) (Bromwich, Anastassiou and Anderson JJ)

Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the responsible Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of a Resolution of Status visa – whether legally unreasonable for Tribunal not to have inquired or …

DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229 (17 December 2021) (Bromwich, Anastassiou and Anderson JJ) Read More »