Special Leave Applications to the High Court
Parties wishing to appeal from a judgment of the Federal Court to the High Court of Australia, are required to file a special leave application with the High Court.
This page updates the status of any such applications.
Currency/completeness of information: Updating of this page is dependant upon information being supplied to the Court; the Court cannot guarantee that the information is complete, up-to-date, or accurate. Refer to our website disclaimer.
Source: High Court of Australia Special Leavel Application Results and Notices to the Federal Court of application for leave to appeal.
In order of the date of the Federal Court judgment.
2023-2024 Federal Court delivered judgments
17 Jul 2024
: Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
Yates, Charlesworth and Rofe JJ
PATENTS - innovation patent relating to hinges - infringement - validity - whether primary judge erred in the proper construction of the invention disclosed PATENTS - validity - lack of clear and complete description - classical sufficiency - "relevant range" - s 40(2)(a) of the Patents Act 1990 (Cth) - whether primary judge erred in finding specifications did not enable skilled addressee to perform invention over the whole area claimed without undue burden PATENTS -…
Status of Appeal to High Court -
7 November 2024: HCA - Special leave refused with costs [2024] HCASL 295
11 Jul 2024
: Patrick v Australian Information Commissioner [2024] FCAFC 93
Bromwich, Abraham and McEvoy JJ
(
304 FCR 1
)
ADMINISTRATIVE LAW - the appellant sought a declaration that the legal limits of the Australian Information Commissioner's authority have been exceeded and his right to an Information Commissioner review unlawfully delayed - where the appellant had several ongoing applications before the Commissioner for review of decisions made by Commonwealth agencies - where there were very significant delays in undertaking the reviews - whether there had been unreasonable delay by the…
Status of Appeal to High Court -
7 November 2024: HCA - Special leave refused with costs [2024] HCASL 291
5 Jul 2024
: Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90
Banks-smith, Abraham and Downes JJ
(
304 FCR 163
)
CULTURAL HERITAGE - where "protected object of a foreign country" (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural Heritage Act 1986 (Cth) (the Act) - whether the Artefact is liable to forfeiture under s 14(1) of the Act STATUTORY INTERPRETATION - proper construction of s 14(1) of the Act - whether export of protected object from the foreign country…
Status of Appeal to High Court -
7 November 2024: HCA - Special leave granted {2024} HCASL 294
5 Jul 2024
: Raiz v Director of Professional Services Review [2024] FCAFC 91
Goodman, O'Sullivan and McElwaine JJ
(
304 FCR 600
)
ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 (Cth) whether appellant's submissions were considered by the Director before deciding to establish the Committee- appellant failed to discharge burden of establishing that submissions were not considered. ADMINISTRATIVE LAW-…
Status of Appeal to High Court -
7 November 2024: HCA - Special leave refused with costs [2024] HCASL 290
5 Jul 2024
: R&B Investments Pty Ltd (Trustee) v Blue Sky (Reserved Question) [2024] FCAFC 89
Murphy, Beach, Lee JJ
(
304 FCR 395
)
REPRESENTATIVE PROCEEDINGS - open class securities class action consolidated on terms - pending application for approval of notice to group members prior to opt-out - where common fund order proposed which would provide for the distribution of funds to a solicitor otherwise than as payment for costs and disbursements incurred in relation to the conduct of the proceeding - where extant controversy as to power to make Solicitors' CFO - where question reserved to the Full Court …
Status of Appeal to High Court -
7 November 2024: HCA - Special leave granted [2024] HCASL 286
26 Jun 2024
: PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86
Perram, Colvin and Jackman JJ
(
303 FCR 1
)
TAXATION - royalty withholding tax - where non-resident taxpayers entered into exclusive bottling agreements ('EBAs') with an Australian company ('Bottler') for the bottling and sale of beverages in Australia - where EBAs provided for sale of concentrate by the taxpayers or their nominated seller to the Bottler - where EBAs included a licence of the taxpayers' trademarks and other intellectual property but did not provide for a royalty - whether the taxpayers were liable to…
Status of Appeal to High Court -
7 November 2024: HCA - Special leave granted - [2024] HCASL 298, [2024] HCASL 299, [2024] HCASL 300, [2024] HCASL 301, [2024] HCASL 302, [2024] HCASL 303
20 Jun 2024
: Veale v Coleman [2024] FCAFC 83
Markovic, Halley and Cheeseman JJ
(
304 FCR 182
)
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - foreign currency judgment debt - where bankruptcy notice includes incorrect date for conversion of foreign currency judgment debt to Australian dollars - where bankruptcy notice includes Reserve Bank of Australia rate of currency conversion rounded to two decimal places - where rate of currency conversion is rounded down rather than rounded up -…
Status of Appeal to High Court -
10 October 2024: HCA - Special leave application refused with costs [2024] HCAL 267
18 Jun 2024
: Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81
Mortimer CJ, Kennett and Horan JJ
(
304 FCR 262
)
ADMINISTRATIVE LAW - appeal - detention of Australian women and children by non-state actor in Al-Roj camp in North-East Syria - whether writ of habeas corpus should issue to the Commonwealth - whether Commonwealth has control over the custody or detention of the individuals - whether the writ should issue to test the asserted lack of control - each ground of appeal dismissed
Status of Appeal to High Court -
23 September 2024: HCA - Special leave application refused [2024] HCATrans 65
14 Jun 2024
: Commissioner of Taxation v Michael John Hayes Trading Pty Ltd as trustee of the MJH Trading Trust [2024] FCAFC 80
Bromwich, Thawley and Hespe JJ
(
303 FCR 62
)
TAXATION - whether Administrative Appeals Tribunal erred in its construction of s 207-155 of the Income Tax Assessment Act 1997 (Cth) - alleged dividend stripping operation - Tribunal erred in its construction of s 207-155 - matter remitted to the Tribunal for redetermination according to law
Status of Appeal to High Court -
10 October 2024: HCA - Special leave application refused with costs [2024] HCASL 268
16 May 2024
: Environment Council of Central Queensland Inc v Minister for the Environment and Water [2024] FCAFC 56
Mortimer CJ, Colvin and Horan JJ
(
304 FCR 91
)
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 mines - Minister's findings allegedly affected by irrationality - each ground of appeal dismissed
Status of Appeal to High Court -
8 August 2024: HCA - Special leve refused with costs [2024] HCASL 201
2 May 2024
: Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 454
Logan J
BANKRUPTCY AND INSOLVENCY - where the appellant appeals from a decision of the Federal Circuit Court of Australia (Circuit Court), as it then was, concerning the interest of a bankrupt in real property jointly owned by her and the bankrupt - where the appellant alleges that the bankrupt had no beneficial interest in the real property - whether the primary judge erred in determining that the bankrupt had a legal and beneficial interest in the real property - appeal dismissed…
Status of Appeal to High Court -
5 September 2024: HCA - Special leave refused [2024] HCASL 215
26 Apr 2024
: Azimitabar v Commonwealth of Australia [2024] FCAFC 52
Rangiah, Anderson and Button JJ
(
303 FCR 282
)
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 5(1) of the Migration Act 1958 (Cth) (the Act) impliedly confers a power on the Minister to approve "another place" of immigration detention - whether the…
Status of Appeal to High Court -
5 September 2024: HCA - Special leave refused with costs [2024] HCASL 236
22 Apr 2024
: Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51
Collier, Rangiah and Charlesworth JJ
(
304 FCR 136 ; 331 IR 446
)
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 contends that Full Bench identified and investigated a theory and developed interest in vindication of its theory - whether fair-minded …
Status of Appeal to High Court -
5 September 2024: HCA - Special leave refused with costs [2024] HCASL 224
17 Apr 2024
: Buzadzic v Commissioner of Taxation [2024] FCAFC 50
Bromwich, Abraham and McEvoy JJ
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 additional ground of appeal not run before the primary judge - appeal dismissed with costs
Status of Appeal to High Court -
5 September 2024: HCA - Special leave refused with costs [2024] HCASL 244
5 Apr 2024
: Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
Katzmann, Snaden and Raper JJ
(
302 FCR 589 ; 330 IR 421
)
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 redundancy because employees could be redeployed to perform work undertaken by contractors - where Full Bench dismissed appeal - whether s 389(2) of Fair …
Status of Appeal to High Court -
5 September 2024: HCA - Special leave granted [2024] HCASL 221
19 Mar 2024
: Tratter v Aware Super [2024] FCAFC 36
O'Callaghan, Anderson and McElwaine JJ
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 deceased member's former spouse and 30% to the deceased member's mother -- whether AFCA made error of law in determining that the trustee's…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused [2024] HCASL 172
18 Mar 2024
: Minister for Immigration, Citizenship and Multicultural Affairs v MZAPC [2024] FCAFC 34
Sarah C Derrington, Colvin and Jackson JJ
(
302 FCR 159
)
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 and 417 of the Migration Act 1958 (Cth) - where some requests remain pending and others have not been referred to the…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application granted [2024] HCASL 146
5 Mar 2024
: DTJ22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 263
Lee J
MIGRATION - appeal from a decision of a single judge of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the second respondent's (Tribunal) decision - where Tribunal affirmed decision of the first respondent (Minister) to refuse a protection visa application lodged by the appellant - whether the primary judge erred in failing to find that the decision of the Tribunal was legally unreasonable - principles of legal…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused with costs [2024] HCASL 185
29 Feb 2024
: J Hutchinson Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 18
Wigney, Bromwich and Anderson JJ
(
329 IR 147 ; 302 FCR 79
)
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 (Cth) - where primary judge found that there was an arrangement or understanding containing a provision preventing or hindering…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave granted [2024] HCASL 182
23 Feb 2024
: Ridge Estate Pty Ltd v Fairfield Pastoral Holdings Pty Ltd [2024] FCAFC 17
Banks-smith, O'Sullivan and Feutrill JJ
(
302 FCR 375
)
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 creditors - where trustee entitled to payment from trust assets pursuant to right of indemnity - whether trustee a creditor for purpose of s 86 -…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused with costs [2024] HCASL 187
23 Feb 2024
: Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
Perram, Nicholas, Burley, Rofe and Downes JJ
(
177 IPR 20 ; 303 FCR 100
)
CONTRACTS - construction - scope of releases in settlement agreement - prima facie canon of construction -whether releases apply to proceeding TRADE MARKS - infringement - trap viewing - extra-territorial application of s 120(1) of the Trade Marks Act 1995 (Cth) - whether images were available to consumers in the ordinary course of trade - where the Appellant permitted images to be uploaded to and displayed on its website - where such images were displayed as part of a…
Status of Appeal to High Court -
6 June 2024: HCA - Special leave refused with costs [2024] HCASL 165
22 Feb 2024
: Provide Nominees Pty Ltd v Australian Securities and Investments Commission [2024] FCAFC 25
Lee, Anderson and McElwaine JJ
(
301 FCR 569
)
CORPORATIONS - application made by the Australian Securities and Investments Commission (ASIC) under s 70(3) of the Australian Securities and Investments Act 2001 (Cth) (ASIC Act) - where failure to comply with notice issued pursuant to s 33(1) of the ASIC Act - where primary judge held ASIC fulfilled pre-condition in s 70(2) requiring ASIC to certify in writing the failure to comply - whether primary judge erred in finding the Court was empowered to conduct inquiry pursuant …
Status of Appeal to High Court -
6 June 2024; HCA - Special leave refused with costs [2024] HCASL 164
16 Feb 2024
: CEU22 v Minister for Home Affairs [2024] FCAFC 11
Wigney, Thawley and Wheelahan JJ
(
301 FCR 578
)
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 - whether apprehension of bias on the part of the Minister - Minister…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused with costs [2024] HCASL 190
22 Dec 2023
: Wilson v State of Victoria [2023] FCAFC 204
Logan, Perry and O'Sullivan JJ
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 - where grounds of appeal, save for the issue of costs, have no reasonable prospect of success - extension of time granted - leave…
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused [2024] HCASL 178
19 Dec 2023
: CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1620
Derrington J
MIGRATION - determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa - whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD - whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application - consideration of principles regarding scope of de novo review to be conducted by Authority - whether Secretary of…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused with costs [2024] HCASL 135
19 Dec 2023
: CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619
Derrington J
MIGRATION - determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa - whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD - whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application - consideration of principles regarding scope of de novo review to be conducted by Authority - whether Secretary of…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused with costs [2024] HCASL 134
19 Dec 2023
: BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 201
Markovic, Derrington and Anderson JJ
(
301 FCR 229
)
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 Cancellation Decision under s 501CA(3) of the Act (s 501CA(3) Notice) was handed to the appellant at correctional centre - where the…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application granted [2024] HCASL 145
12 Dec 2023
: Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190
Perry, Sarah C Derrington and Colvin JJ
(
416 ALR 387
)
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 properly consider evidence concerning the name of the claim group - whether trial judge misconceived the evidence relating to the membership rule, including …
Status of Appeal to High Court -
8 August 2024: HCA - Special leave refused with costs [2024] HCASL 181
12 Dec 2023
: QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195
Katzmann, O'Callaghan and McEvoy JJ
(
301 FCR 422
)
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 be granted - application for leave to amend notice of appeal dismissed - appeal dismissed MIGRATION - where appellant's visa cancelled…
Status of Appeal to High Court -
11 April 2024: HCA - Special leave application refused with costs [2024] HCASL 94
11 Dec 2023
: Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193
Burley, Lee and Raper JJ
(
301 FCR 139
)
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 - whether notification of the non-revocation decision by email to the appellant's then solicitor constituted proper notification - whether personal …
Status of Appeal to High Court -
11 April 2024: HCA - Special leave application refused with costs [2024] HCASL 97
6 Dec 2023
: Toogood v Gott [2023] FCA 1521
Rangiah J
APPEAL AND NEW TRIAL - whether the primary judge denied the appellants procedural fairness - whether the primary judge failed to provide adequate reasons for judgment BANKRUPTCY AND INSOLVENCY - whether creditor's petition had lapsed - whether creditor's petition invalid - whether bankruptcy notice invalid - whether appellants were solvent - whether primary judge erred in failing to go behind the judgment - whether petitioning creditors obtained benefit of legal costs paid…
Status of Appeal to High Court -
11 April 2024: HCA - Special leave application refused [2024] HCASL 77
4 Dec 2023
: Broadbent v Medical Board of Australia [2023] FCAFC 186
Collier, Meagher and Horan JJ
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 petitioning creditor - judgment debt arising from costs orders made against debtor in previous proceedings based on earlier bankruptcy notice - where…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused [2024] HCASL 131
1 Dec 2023
: NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187
Collier, Derrington and Downes JJ
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 (2021) 288 FCR 565 inconsistent with later High Court decision in Plaintiff M1/2021 v Minister for Home…
Status of Appeal to High Court -
11 April 2024: HCA - Special leave application refused with costs [2024] HCASL 112
29 Nov 2023
: Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1495
Hespe J
MIGRATION - application to appeal from judgment of Federal Circuit Court - where Tribunal made an error in referring to a "s.359A letter" - whether that error was jurisdictional
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused [2024] HCASL 130
22 Nov 2023
: Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
Mortimer CJ, Katzmann, Charlesworth, Abraham and Kennett JJ
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
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused with costs [2024] HCASL 59
14 Nov 2023
: Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179
Yates, Beach and Downes JJ
(
300 FCR 1
)
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 of acceptable quality in a propensity case - extent to which after supply events should be taken into account when assessing…
Status of Appeal to High Court -
13 February 2024: HCA - Special leave application granted [2024] HCASL 27
13 Nov 2023
: Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178
Perram, Nicholas and McElwaine JJ
(
300 FCR 408 ; 176 IPR 336
)
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 First Respondent's product was configured to be fixed in a proximal end region of the bore adjacent to a rock face PATENTS - validity - sufficiency…
Status of Appeal to High Court -
11 April 2024: HCA - Special leave application refused with costs [2024] HCASL 105
3 Nov 2023
: Kazal v Thunder Studios Inc (California) [2023] FCAFC 174
Wigney, Wheelahan and Abraham JJ
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 from further hearing the proceeding on the ground of apprehended bias - where the primary judge refused to disqualify himself - no application by the appellants for…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused with costs [2024] HCASL 56
1 Nov 2023
: Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 173
Logan, Rangiah and Markovic JJ
(
300 FCR 67
)
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 claim clearly emerged from the Tribunal's findings or other material - appeal dismissed
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused with costs [2024] HCASL 45
30 Oct 2023
: Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172
Collier, Logan and Meagher JJ
(
300 FCR 464 ; 326 IR 413
)
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 Fair Work Act 2009 (Cth) (FWA) that the employers contravened s 50 of the FWA by failing to pay them arrears of…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused [2024] HCASL 44
19 Oct 2023
: Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167
Katzmann, Sarah C Derrington and Kennett JJ
(
300 FCR 354 ; 413 ALR 605
)
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) of Migration Act 1958 (Cth) (Act) - where Act subsequently amended by Amending Act with retrospective effect to treat aggregate…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application granted [2024] HCASL 43
19 Oct 2023
: JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168
Katzmann, Sarah C Derrington, Kennett JJ
(
300 FCR 370 ; 413 ALR 620
)
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 interests - whether findings as to nature and extent of applicant's non-familial ties contrary to evidence -…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application granted [2024] HCASL 42
5 Oct 2023
: EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182
Raper J
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) affirming a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate not to grant a protection visa - whether the Tribunal made a finding that was illogical, irrational or not based on evidence - whether the Tribunal incorrectly applied s 423A of the Migration Act 1958 (Cth) - appeal dismissed
Status of Appeal to High Court -
8 February 2024: HCA - Special leave application refused with costs [2024] HCASL 17
28 Sep 2023
: Kamal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 159
Rares, Bromwich and Raper JJ
(
300 FCR 106
)
MIGRATION - where appellant's visa was cancelled under s 501CA(4) of the Migration Act 1958 (Cth) - where an appeal of the Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for judicial review of the Tribunal's decision was dismissed by a judge of this Court - where the sole ground of appeal is that the primary judge erred by not giving the appellant a reasonable opportunity to present his case and to…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused with costs [2024] HCASL 152
15 Sep 2023
: Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105
Rofe J
BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit and Family Court of Australia - primary judge refused application to set aside bankruptcy notice - whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of misstatement under s 41(5) of the Bankruptcy Act 1966 (Cth) - whether interlocutory costs orders are "costs of the proceeding" within the meaning of the County Court Civil Procedure Rules 2018 (Vic) - whether issuing bankruptcy…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused [2024] HCASL 30
12 Sep 2023
: FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
Snaden, Abraham and Halley JJ
(
299 FCR 356
)
MIGRATION - whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal's affirmation of that refusal had been substituted by the Assistant Minister granting the appellant a different visa under s 417 of the Migration Act 1958 (Cth) HELD - appeal dismissed
Status of Appeal to High Court -
8 August 2024: HCA - Special leave granted [2024] HCASL 197
31 Aug 2023
: BOY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1040
Jackman J
MIGRATION - appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming the decision of a delegate of the Minister refusing to grant the appellant a Protection (Class XA) Visa - whether the primary judge erred by failing to find jurisdiction error by the Tribunal - unnecessary to make a specific finding as to a matter subsumed in a finding of greater generality -…
Status of Appeal to High Court -
8 February 2024: HCA - Special leave application refused [2024] HCASL 2
30 Aug 2023
: Watson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
Moshinsky, Abraham and Raper JJ
(
413 ALR 227|(2023) 326 IR 159
)
CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to detrimental conduct engaged in prior to amendments under the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) - whether Item 16 of Pt 2 of Sch 1 to the Amendment Act extends application of ss 14ZZZ and 14ZZZA of the Taxation Administration Act 1953 (Cth) to …
Status of Appeal to High Court -
8 February 2024: HCA - Special leave application refused [2024] HCASL 8
30 Aug 2023
: Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020
Wigney J
TORTS - false imprisonment - where applicant imprisoned for contempt in matrimonial proceeding in Federal Circuit Court of Australia for purported non-compliance with disclosure orders - where judge's contempt declaration and imprisonment orders were set aside for invalidity - consideration of whether imprisonment order was valid until set aside and provided lawful justification for imprisonment - consideration of whether the judge exercised superior court powers to punish…
Status of Appeal to High Court -
8 February 2024: HCA - Transferred to the High Court of Australia [2024 HCASL 23, [2024] HCASL 24 and [2024] HCASL 25
25 Aug 2023
: Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144
Stewart, Feutrill and Hespe JJ
(
298 FCR 476
)
MIGRATION - appeal - whether leave to argue new grounds ought be granted - Direction No. 90 - whether Tribunal misconstrued the phrase "vulnerable members of the community" in para 8.4(2)(c) of the Direction - whether Tribunal's error material - where Tribunal concluded the appellant engaged in "violent and serious" conduct and that the expectation of the Australian community "weighs strongly" against revocation and that the factors against revocation "significantly…
Status of Appeal to High Court -
8 August 2024: HCA - Application referred to Full Court for hearing as on appeal
18 Aug 2023
: Fulton v Chief of Defence Force [2023] FCAFC 134
Logan, Sarah C Derrington, Stewart JJ
(
180 ALD 109 ; 411 ALR 528
)
DEFENCE AND WAR - appeal from dismissal of application for review of decision by delegate of Chief of Defence Force to terminate service with Defence Force - officer's retention considered not to be in the interests of the Defence Force - whether delegate required to take into account annual personal performance reports - whether a mandatory relevant consideration within statutory context of Defence Regulation 2016 ADMINISTRATIVE LAW - appeal from dismissal of application…
Status of Appeal to High Court -
8 February 2024: HCA - Special leave application refused with costs [2024] HCASL 11
14 Aug 2023
: Stuart v State of South Australia [2023] FCAFC 131
Rangiah, Charlesworth and O'Bryan JJ
(
412 ALR 407 ; 299 FCR 507
)
APPEAL AND NEW TRIAL - NATIVE TITLE - appeal from orders made on overlapping native title determination applications - claims brought on behalf of the Arabana people and the Walka Wani people - trial judge finding the ancestors of the Arabana people occupied the overlap area at sovereignty - trial judge concluding the Arabana claim group did not presently possess native title rights and interests in the overlap area - trial judge concluding the Arabana people did not, by…
Status of Appeal to High Court -
8 February 2024: HCA - Special leave granted [2024] HCASL 10
12 Jul 2023
: Hedges v Commissioner of Taxation [2023] FCAFC 105
Logan, Goodman and Hespe JJ
TAXATION - appeal from decision of primary judge dismissing appeal from decision of Administrative Appeals Tribunal - where taxpayer is retired partner of a law firm - whether appellant was entitled to receive capital proceeds from disposal of interest in goodwill of partnership - whether appellant made a capital gain
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 182
12 Jul 2023
: Fisher v Commonwealth of Australia [2023] FCAFC 106
Mortimer CJ, Katzmann, Charlesworth, Abraham and Kennett JJ
(
298 FCR 543
)
HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life expectancy than non-Indigenous men - whether applicant or represented persons enjoy the right to apply for and receive age pension 'to a more limited extent' than non-Indigenous men for purposes of s 10 of Racial Discrimination Act…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused with costs [2024] HCASL 58
30 Jun 2023
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Antoon [2023] FCA 717
Wigney J
(
298 FCR 400
)
MIGRATION - appeal from primary judge's decision in Federal Circuit Court quashing decision of Administrative Appeals Tribunal to affirm refusal of partner visa - whether Tribunal's failure to comply with s 359A of the Migration Act 1958 (Cth) amounts to jurisdictional error - whether failure to comply with s 359A was material to Tribunal's decision - whether primary judge erred by not refusing relief on discretionary grounds where breach was not material to Tribunal's…
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 172
26 Jun 2023
: Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2023] FCAFC 97
Besanko, Perram and Yates JJ
(
411 ALR 315 ; 174 IPR 66
)
PATENTS - where listing of generic drug on Pharmaceutical Benefits Scheme ('PBS') reduces listing price and Commonwealth subsidy of non-generic form of drug - where Respondent held patent for clopidogrel - where interlocutory injunction obtained restraining generic supplier from entering market with generic clopidogrel - where generic supplier undertook not to seek PBS listing - where Respondent undertook to compensate persons adversely affected by injunction - where…
Status of Appeal to High Court -
18 December 2023: HCA - Special leave application granted [2023] HCA Trans 184
16 Jun 2023
: Al-Dmoor v Minister for Immigration Citizenship and Multicultural Affairs [2023] FCA 663
Bromwich J
MIGRATION: appeal from orders made by a judge of the (former) Federal Circuit Court of Australia, dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed a decision of the Minister's delegate to refuse to grant the appellant a student visa - where each of the grounds of appeal advanced are in substance the same as the grounds of review considered by the primary judge - whether the primary judge erred by …
Status of Appeal to High Court -
12 October 2023: HCA - Special leave application dismissed [2023] HCASL 154
16 Jun 2023
: United Workers Union v Compass Group Healthcare Hospitality Services Pty Ltd [2023] FCAFC 92
Rares, O'Sullivan and Feutrill JJ
(
324 IR 426
)
INDUSTRIAL LAW - entitlement to redundancy pay under s 119(1)(a) of Fair Work Act 2009 (Cth) - where employer provided employees to work at employer's clients' sites under contracts to provide labour services to client for renewable term - where employment contracts referred to employer's contract with client without mentioning duration - where many employees worked at sites continuously through renewals of employer's client contracts - where employer terminated employees…
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 178
16 Jun 2023
: Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2023] FCAFC 93
Wigney, Anderson and Abraham JJ
(
412 ALR 68 ;167 ACSR 470
)
TRUSTS AND TRUSTEES - corporate trustee in liquidation - where liquidator assigned company's causes of action against appellants to respondents - whether assigning right, title and interest in causes of action to respondents is limited to the company's right of indemnity against trust property and concomitant equitable lien - whether beneficiaries' interests in claims against appellants were engrafted onto assigned claim - where assigned causes of action are causes of action …
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 173
13 Jun 2023
: Burrows v Macpherson and Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 622
Jackman J
BANKRUPTCY AND INSOLVENCY - appeal against decision concerning application to set aside bankruptcy notice - whether application to set aside bankruptcy notice made in time - where application made more than 21 days from the date of delivery of bankruptcy notice to document exchange and last known address of person, but not more than 21 days from actual notice - construction of regulation 102 of the Bankruptcy Regulations 2021 (Cth) - no "contrary intention" in the Bankruptcy …
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 181
30 May 2023
: Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83
Perram, Perry and Thawley JJ
(
297 FCR 589 ; 412 ALR 369
)
MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act 1958 (Cth) authorises contracted third party to exclude visitors in accordance with policy - power to establish and maintain detention centre
Status of Appeal to High Court -
12 October 2023: HCA - Special leave application dismissed with costs [2023] HCASL 150
30 May 2023
: DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84
Rares, Thomas and Snaden JJ
(
297 FCR 550 ; 411 ALR 279
)
MIGRATION - appeal from decision of single judge of the Federal Court of Australia - where primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal - where delegate of the Minister refused protection visa application pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) - where appellant convicted of domestic violence offences - whether primary judge applied wrong test under s 36(1C)(b) of the Act - whether Tribunal erred in…
Status of Appeal to High Court -
19 October 2023: HCA - Special leave application dismissed with costs 2023 HCASL 159
26 May 2023
: V'landys v Australian Broadcasting Corporation [2023] FCAFC 80
Rares, Katzmann and O'Callaghan JJ
DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in making findings of characteristics of ordinary reasonable viewer of matter complained of without evidence - whether primary judge entitled to have regard to own first or final impressions of whether imputations conveyed - where new case not put to primary judge raised on appeal - Held: appeal dismissed.
Status of Appeal to High Court -
14 September 2023: HCA - Special leave application dismissed with costs [2023] HCASL 140
23 May 2023
: JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76
Bromwich, Thawley and Hespe JJ
(
297 FCR 600 ; 325 IR 159 ; 413 ALR 127
)
CONTRACTS - whether contract between lecturer and education provider was one of employment or independent contractor - whether lecturer fell within ordinary or extended meaning of employee pursuant to the Superannuation Guarantee (Administration) Act 1992 (Cth) - right to subcontract or assign - right to control - appeal allowed - lecturer held to be an independent contractor
Status of Appeal to High Court -
12 October 2023: HCA - Special leave application dismissed [2023] HCASL 155
22 May 2023
: Motufoaki v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 74
Katzmann, Feutrill and Raper JJ
MIGRATION - appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke a mandatory cancellation decision under s 501CA(4) of Migration Act 1958 (Cth) - whether the Tribunal lacked jurisdiction because the appellant not given an opportunity to be heard on whether another cancellation power should have been used - whether the Tribunal lacked jurisdiction because the cancellation decision was legally…
Status of Appeal to High Court -
12 October 2023: HCA - Special leave application dismissed [2023] HCASL 141
22 May 2023
: Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75
Mortimer CJ, Moshinsky and Banks-smith JJ
(
410 ALR 231 ; 298 FCR 160
)
NATIVE TITLE - claim for compensation under Native Title Act 1993 (Cth) (NTA) - where the applicant, on behalf of the Gumatj Clan or Estate Group, contends that, in the period from 1911 to 1978, a number of grants or legislative acts took place in the Northern Territory which, if valid, would have been inconsistent with the continued existence of the claimants' non-exclusive native title rights, and would have extinguished those non-exclusive native title rights at common…
Status of Appeal to High Court -
19 October 2023: HCA - Special leave application granted [2023] HCATrans 143
16 May 2023
: BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475
Abraham J
MIGRATION - judicial review - application for protection visa - appeal from decision of Federal Circuit and Family Court to affirm decision of Administrative Appeals Tribunal - where primary judge found no error by Tribunal considering medical evidence - where primary judge found any error would not be material - whether primary judge erred. HELD - appeal dismissed - no jurisdictional error by the primary judge established.
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused [2024] HCASL 38
12 May 2023
: BDT17 v Minister for Immigration and Border Protection [2023] FCA 452
Wigney J
MIGRATION -- Application for protection visa -- application refused by delegate of Minister for Immigration and Border Protection -- refusal affirmed by Immigration Assessment Authority decision -- judicial review of Authority's decision in Federal Circuit Court -- appeal from Circuit Court -- whether primary judge erred in finding that Authority did not fail to consider two elements of claim said to arise from visa application -- claims not articulated in or otherwise…
Status of Appeal to High Court -
9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 174
11 May 2023
: CYH16 v Minister for Immigration and Border Protection [2023] FCA 453
Rofe J
MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time in which to appeal from decision of Federal Circuit Court - application for extension of time allowed - where appellant sought to rely on two new grounds that were not relied upon in the Federal Circuit Court - whether leave should be granted to the appellant to rely on the new grounds - appeal dismissed
Status of Appeal to High Court -
7 September 2023: HCA - Special leave application dismissed with costs [2023] HCASL 127
5 May 2023
: Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 424
Wheelahan J
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had sought review of a decision of a delegate of the Minister to refuse to grant the appellant a temporary student visa - appellant raised 12 grounds of appeal - consideration of correct formulation of test for apprehended bias - appeal dismissed
Status of Appeal to High Court -
7 September 2023: HCA - Special leave application dismissed [2023] HCASL 120
3 May 2023
: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64
Markovic, Thomas and Button JJ
(
297 FCR 1
)
MIGRATION - visas - cancellation - where Appellant was convicted of criminal offences and sentenced to terms of imprisonment - appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review - where Appellant's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) - where the delegate decided not to revoke the cancellation under s 501CA of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal…
Status of Appeal to High Court -
14 September 2023: HCA - Special leave application granted [2023] HCATrans 117
2 May 2023
: BHG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 391
Anderson J
MIGRATION - Administrative Appeals Tribunal's affirmation of a decision of delegate of the first respondent to refuse to grant the appellant a Subclass XA-866 Permanent Protection visa - Appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing appellant's application for judicial review of Tribunal's decision - Whether Tribunal failed to consider allegedly corroborative evidence relevant to Appellant's claim - Where it is improbable…
Status of Appeal to High Court -
7 September 2023: HCA - Special leave application dismissed [2023] HCASL 131
28 Apr 2023
: Henley Constructions Pty Ltd v Henley Arch Pty Ltd [2023] FCAFC 62
Yates, Rofe and McElwaine JJ
(
171 IPR 225 ; 410 ALR 116 ; 297 FCR 353
)
TRADE MARKS - appeal - where primary judge found that the respondent's registered trade mark HENLEY was valid and infringed by the first appellant - whether primary judge erred in finding that HENLEY was capable of distinguishing the respondent's services under s 41 of the Trade Marks Act 1995 (Cth) (the Trade Marks Act) - where primary judge found that HENLEY was not inherently distinctive - where primary judge found that s 41(6) was satisfied - no error established in…
Status of Appeal to High Court -
12 October 2023: HCA - Special leave application dismissed with costs [2023] HCASL 146
27 Apr 2023
: Stolyar v Scott (Trustee) [2023] FCAFC 61
Banks-smith, Downes and Jackman JJ
(
410 ALR 346
)
APPEAL AND NEW TRIAL - where arguments sought to be advanced which were not advanced at first instance - where the arguments may have been met by evidence at the trial - arguments that a claim is not maintainable must be expressly pleaded under r 16.08(c) of the Federal Court Rules 2011 (Cth) - whether the primary judge erred in their exercise of discretion in ordering indemnity costs EQUITY - whether the primary judge erred in focussing on the source of purchase moneys as…
Status of Appeal to High Court -
7 September 2023: HCA: Special leave application dismissed with costs [2023] HCASL 129
20 Apr 2023
: Salma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 356
Burley J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the appellants temporary graduate visas - temporary graduate visas - application of Public Interest Criterion 4005 - whether primary judge erred in not finding that the decision of the Tribunal was affected by jurisdictional error…
Status of Appeal to High Court -
9 May 2024: HCA - Special leave application refused [2024] HCASL 149
6 Apr 2023
: Productivity Partners Pty Ltd (trading as Captain Cook College) v Australian Competition and Consumer Commission [2023] FCAFC 54
Wigney, O'Bryan and Downes JJ
(
297 FCR 180
)
CONSUMER LAW - unconscionable conduct - statutory unconscionability under s 21 of the Australian Consumer Law (ACL) - registered training organisation provided vocational education and training under Commonwealth's Vocational Education and Training Fee Higher Education Loan Program (VFH scheme) - whether certain changes made by the registered training organisation to the student enrolment process, and the claiming and retaining of revenue in respect of enrolments under the…
Status of Appeal to High Court -
14 September 2023: HCA - Special leave application granted [2023] HCATrans 118
28 Mar 2023
: Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47
Derrington, Button and Jackman JJ
INSURANCE - construction and interpretation of policy - meaning of expression "location insured" in policy relating to large scale project for the construction of a length of highway - whether expression referred to whole of the project site or location where the insured loss or damage occurred
Status of Appeal to High Court -
7 September 2023: HCA - Special leave application dismissed with costs [2023] HCASL 123
28 Mar 2023
: Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51
Collier, Thomas and Raper JJ
(
323 IR 316 ; 297 FCR 323
)
INDUSTRIAL LAW - section 114 of the Fair Work Act 2009 (Cth) - appeal from a decision of this Court which found that the employer had not contravened s 114 by requiring employees to work on a public holiday - whether "request" within the meaning of subss 114(2) and (3) means a request in its ordinary sense or includes a requirement by an employer to work on a public holiday where no request was made - appeal allowed
Status of Appeal to High Court -
21 November 2023: HCA - Special leave application refused with costs [2023] HCATrans 170
27 Mar 2023
: Toyota Motor Corporation Australia Limited v Williams [2023] FCAFC 50
Moshinsky, Colvin and Stewart JJ
(
408 ALR 582 ; 296 FCR 514
)
CONSUMER LAW - representative proceedings - alleged defect in motor vehicle by reason of defective exhaust system - where primary judge found breach of guarantee of acceptable quality pursuant to s 54 Australian Consumer Law - consideration of proper construction of s 54 - where appellant claims statute requires regard to subjective circumstances of claimant - where appellant submits there is heterogeneity of group members - where s 54 references a reasonable consumer -…
Status of Appeal to High Court -
17 November 2023: HCA - Special leave application granted [2023] HCATrans 162
24 Mar 2023
: Frigger v Trenfield (No 3) [2023] FCAFC 49
Allsop CJ, Anderson and Feutrill JJ
APPEAL AND NEW TRIAL - appeal - appeal by way of rehearing - errors of fact - advantage of primary judge - principles of appellate review. BANKRUPTCY AND INSOLVENCY - appeal from the decision of the primary judge in Frigger v Trenfield (No 10) [2021] FCA 1500 (primary judgment) - where the appellants made numerous challenges to the findings of the primary judge with respect to certain disputed assets - whether these disputed assets were contributed to the appellants'…
Status of Appeal to High Court -
23 August 2023: HCA - Special leave application dismissed [2023] HCASL 110
22 Mar 2023
: Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44
Yates, Stewart and Rofe JJ
(
407 ALR 473 ; 170 IPR 281
)
TRADE MARKS - application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) (the Act) - where primary judge dismissed an appeal from the decision of a delegate of the Registrar of Trade Marks in opposition proceedings - where delegate granted respondent's application under s 92(4)(b) of the Act to remove the applicant's registered trade mark MOTHERLAND from the Register for non-use - whether primary judge…
Status of Appeal to High Court -
15 September 2023: HCA - Special leave applications refused with costs - [2023] HCATrans 123 ; [2023] HCATrans 124
13 Mar 2023
: BUB18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 212
Nicholas J
Status of Appeal to High Court -
8 June 2023: HCA - Special leave application dismissed [2023] HCASL 89
9 Mar 2023
: Director-General of Security v Plaintiff S111A/2018 [2023] FCAFC 33
Wigney, Bromwich and O'Callaghan JJ
(
408 ALR 523 ; 296 FCR 639
)
MIGRATION - where the primary judge set aside two adverse security assessments (ASAs) of the respondent - where the respondent's visa was refused as a consequence of the ASA decisions - whether the use of information by the executive that is likely to have been obtained by torture by a third party is prohibited - whether it was a denial of procedural fairness to use such information - whether it was a denial of procedural fairness to not ask particular questions of the…
Status of Appeal to High Court -
7 March 2024: HCA - Special leave application refused with costs [2024] HCASL 67
8 Mar 2023
: Hyder v Commissioner of Taxation [2023] FCAFC 29
Logan, Bromwich and Hespe JJ
(
297 FCR 124
)
TAXATION - declarations and writ of prohibition sought against the Commissioner of Taxation pursuant to s 39B of the Judiciary Act 1903 (Cth) - Commissioner's power to issue assessments to more than one taxpayer in respect of income from the same source - accrual of general interest charge (GIC) - whether Commissioner required to give credit for tax paid by different taxpayer when calculating GIC - whether due date for payment ought to be deferred - Commissioner's power of…
Status of Appeal to High Court -
3 August 2023: HCA - Special leave application dismissed with costs [2023] HCASL 99
17 Feb 2023
: Frugtniet v Australian Securities and Investments Commission [2023] FCAFC 14
Markovic, McElwaine and McEvoy JJ
(
296 FCR 77
)
ADMINISTRATIVE LAW - appeal from a decision of the second respondent (Tribunal) to uphold a decision of a delegate of the first respondent (ASIC) to make a banning order under the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) - where the banning order prohibited the applicant from engaging in credit activities - whether the Tribunal erred by applying the NCCP Act in force at the time of the Tribunal's decision in circumstances where the banning order was…
Status of Appeal to High Court -
15 June 2023: HCA - Special leave application dismissed [2023] HCASL 95
16 Feb 2023
: McMillan Investment Holdings Pty Ltd v Morgan [2023] FCAFC 9
Yates, Beach and Markovic JJ
(
407 ALR 328 ; 164 ACSR 129 ; 295 FCR 543
)
BANKRUPTCY AND INSOLVENCY -- appeal against making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth) - whether primary judge erred in finding that s 579E(1)(b)(iv) applies - where primary judge satisfied that alleged chose in action was "particular property" capable of being "used" for the purposes of s 579E(1)(b)(iv) - where alleged chose in action was a joint right to sue held by second and third respondents to the appeal - where joint right came into…
Status of Appeal to High Court -
15 September 2023: HCA - Special leave application granted [2023] HCATrans 122
23 Dec 2022
: Sayed v National Disability Insurance Agency (No 2) [2022] FCA 1591
O'Bryan J
PRACTICE AND PROCEDURE - application to recuse on the grounds of actual bias and apprehended bias - rulings made during first case management hearing - application dismissed
Status of Appeal to High Court -
13 April 2023: HCA - Special leave application dismissed [2023] HCASL 41
22 Dec 2022
: Pearson v Minister for Home Affairs [2022] FCAFC 203
Allsop CJ, Rangiah and Sarah C Derrington JJ
(
408 ALR 467 ; 295 FCR 177 ; 180 ALD 25
)
MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds - where invitation did not crystallise the time period to make representations for revocation - where representations nevertheless made within 28 days and were considered - whether invitation a nullity - whether Minister's failure to comply with condition precedent to exercise of power…
Status of Appeal to High Court -
11 August 2023: HCA - Special leave application refused with costs [2023] HCATrans 105
21 Dec 2022
: Quach v MLC Limited [2022] FCAFC 202
Collier, Perry and Thomas JJ
INSURANCE - appeal from decision of a single Judge of the Federal Court of Australia - where appellant submits the respondent had breached s 13 of the Insurance Contracts Act 1984 (Cth) - where appellant made a claim for total and permanent disability caused by injury or sickness and claims he is unable to practise in his profession - where appellant had not provided insurer with any medical evidence supporting the claim and had not complied with policy terms - where…
Status of Appeal to High Court -
20 April 2023: HCA - Special leave application dismissed [2023] HCASL 60
15 Dec 2022
: GBY18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1517
Markovic J
MIGRATION - application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) - where the first respondent consents to the extension of time - application granted ; MIGRATION - appeal from orders made by the Federal Circuit Court dismissing an application for judicial review of a decision of the second respondent (Tribunal) - whether appellant denied procedural fairness - whether…
Status of Appeal to High Court -
13 April 2023: HCA - Special leave application dismissed [2023] HCASL 51
13 Dec 2022
: Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 197
Logan, O'Callaghan and Banks-smith JJ
(
295 FCR 429
)
MIGRATION - where primary judge refused application for judicial review in original jurisdiction in relation to Minister's non-revocation decision under s 501C(4) of the Migration Act 1958 (Cth) - where appellant determined to not pass character test on the ground of being "sentenced to term of imprisonment for 12 months or more" under s 501(7)(c) on basis of detention in Youth Justice Centre while a minor - consideration of detention ordered under Children, Youth and…
Status of Appeal to High Court -
11 August 2023: HCA - Special leave application refused with costs [2023] HCATrans 106
13 Dec 2022
: Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199
Mortimer, Banks-smith and O'Sullivan JJ
(
292 FCR 595
)
MIGRATION - non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - whether primary judge erred in finding that Minister did not consider representations personally - no error by primary judge - appeal dismissed MIGRATION - non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - whether primary judge erred in finding that Minister acted unlawfully by relying on a summary of representations prepared by his…
Status of Appeal to High Court -
11 August 2023: HCA - Special leave application referred to a Full Court [2023] HCATrans 107
9 Dec 2022
: CVT19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1482
Stewart J
MIGRATION - protection visa - appeal from Federal Circuit Court's dismissal of review of Immigration Assessment Authority's decision to affirm delegate's decision not to grant protection visa - application for leave to file amended notice of appeal - where proposed new grounds of appeal lack merit - application for leave and appeal dismissed
Status of Appeal to High Court -
18 May 2023: HCA - Special leave application dismissed with costs [2023] HCASL 83
8 Dec 2022
: Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194
Markovic, Cheeseman and Hespe JJ
MIGRATION - appeal from decision of the Federal Court of Australia - where primary judge dismissed application for judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) - whether the primary judge erred in failing to find that Tribunal erred in failing to consider the extent of the impediments that the appellant's health would cause him if returned to India - whether primary judge erred in …
Status of Appeal to High Court -
20 April 2023: HCA - Application dismissed [2023] HCASL 64
5 Dec 2022
: Luck v Secretary of Services Australia [2022] FCAFC 195
Farrell, Sarah C Derrington and Raper JJ
(
406 ALR 567
)
BANKRUPTCY - Effect of bankruptcy on proceedings -Commencement of appeal by bankrupt before sequestration - Stay of proceedings until election by trustee - Whether proceedings deemed abandoned - Proceedings for judicial review of decision by Administrative Appeals Tribunal relating to documents sought under Freedom of Information Act 1982 (Cth) - Whether proceedings to vindicate breach of human rights - Whether proceedings in respect of "any personal injury or wrong" within…
Status of Appeal to High Court -
20 April 2023: HCA - Special leave application dismissed [2023] HCASL 62
29 Nov 2022
: Wan v BT Funds Management Limited [2022] FCAFC 189
Markovic, McElwaine and McEvoy JJ
SUPERANNUATION - whether the primary judge and the Australian Financial Complaints Authority erred in accepting that the decision of the trustee of a superannuation fund to distribute a member's superannuation death benefit to his estate rather than the appellant was fair and reasonable - whether the appellant was a "dependant" of the deceased, being either a spouse or in an interdependency relationship with the deceased at the time of his death, for the purposes of s 10 and …
Status of Appeal to High Court -
11 May 2023: HCA - Special leave application dismissed [2023] HCASL 76
22 Nov 2022
: AWO21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1387
Collier J
APPEAL - appeal from a decision of the Federal Circuit Court dismissing the appellant's application for judicial review - appellant sought judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of the first respondent not to grant a protection visa - whereas the appellant contends he was not afforded procedural fairness and failure of the primary Judge to deal with all submissions - appellant was afforded procedural fairness- primary…
Status of Appeal to High Court -
20 April 2023: HCA - Special leave application dismissed [2023] HCASL 61
15 Nov 2022
: Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183
Thawley, Halley and O'Sullivan JJ
(
295 FCR 254
)
MIGRATION - appeal from decision of primary judge to refuse application for review of decision of the Administrative Appeals Tribunal - where application to the Tribunal was not made in compliance with s 29(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether application contained a "statement of the reasons for the application" - whether failure to include statement invalidated application - appeal dismissed
Status of Appeal to High Court -
15 September 2023: HCA - Special leave application granted [2023] HCATrans 126
11 Nov 2022
: Dennis v Commonwealth Bank of Australia [2022] FCA 1338
Collier J
APPEAL - appeal from a decision of the Federal Circuit Court granting summary judgment against the appellant - whereas the appellant contended that the respondent breached provisions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA) and Code of Banking Practice 2013 by declining to provide her with additional finance - appellant alleged bias on the part of the primary Judge only after reasons delivered - no bias on the part of the primary Judge demonstrated - …
Status of Appeal to High Court -
9 March 2023: HCA - Special leave application dismissed [2023] HCASL 13
8 Nov 2022
: Harvard Nominees Pty Ltd v Nicoletti [2022] FCAFC 179
Banks-smith, Colvin and O'Sullivan JJ
CONSUMER LAW - where on remitter primary judge found that first and second respondents were liable to pay damages arising from loss under the Australian Consumer Law - where primary judge held that the remitter did not disturb first instance findings as to the third respondent and therefore did not order damages against him - where appellant alleges that the primary judge erred in construing the nature and terms of the remittal - where the primary judge properly construed…
Status of Appeal to High Court -
13 April 2023: HCA - Special leave application dismissed with costs [2023] HCASL 57
4 Nov 2022
: Syed v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1316
Raper J
MIGRATION - application for Student (Temporary) (Class TU) visa - review of the Administrative Appeal Tribunal decision to affirm the decision of a delegate of the Minister to refuse to grant a student visa - whether the Tribunal denied the appellant procedural fairness and/or was legally unreasonable in failing to adjourn the Tribunal proceedings where the appellant made no request for an adjournment - appeal dismissed
Status of Appeal to High Court -
9 March 2023: HCA - Special leave application dismissed [2023] HCASL 14
2 Nov 2022
: Minister for Immigration, Citizenship and Multicultural Affairs v RGKY [2022] FCAFC 177
Collier, Farrell and Halley JJ
MIGRATION - where the primary judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the AAT affirmed the decision of a delegate of the Minister not to revoke a decision to cancel the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) - where the primary judge set aside the AAT's decision on the basis that the Tribunal made a jurisdictional error because it had failed to give proper, genuine and realistic…
Status of Appeal to High Court -
19 May 2023: HCA - Special leave application refused with costs [2023] HCATrans 67
28 Oct 2022
: Tucker v Broderick [2022] FCAFC 174
Bromberg, Bromwich and McEvoy JJ
INDUSTRIAL RELATIONS - appeal from orders summarily dismissing proceeding pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) - primary judge determined that claims in the Federal Court were plainly founded on an issue already pleaded and resolved in the Supreme Court of Victoria and that the causes of action pleaded had merged in the judgment of the Supreme Court - cause of action estoppel - proceeding determined to be an abuse of process which sought to vex the…
Status of Appeal to High Court -
16 March 2023: HCA - Special leave application dismissed [2023] HCASL 29
27 Oct 2022
: DCI16 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1284
O'Callaghan J
MIGRATION - appeal from decision refusing judicial review of Administrative Appeal Tribunal decision - appeal dismissed
Status of Appeal to High Court -
13 April 2023: HCA - Special leave application dismissed with costs [2023] HCASL 55
10 Oct 2022
: Mayfair Wealth Partners Pty Ltd v Australian Securities and Investments Commission [2022] FCAFC 170
Jagot, O'Bryan and Cheeseman JJ
(
295 FCR 106
)
CORPORATIONS -- appeal against findings of misleading and deceptive conduct arising from promotion of investment products -- where appellants did not appear at first instance -- no error in primary judge's findings of contraventions or assessment of witnesses -- judge's discretionary assessment of penalty open although higher than penalty suggested by ASIC -- broad injunction against publication of material set aside -- appeal otherwise dismissed
Status of Appeal to High Court -
21 April 2023: HCA - Special leave application refused with costs [2023] HCATrans 51
29 Sep 2022
: Parry v University of South Australia [2022] FCAFC 168
Banks-smith, O'Sullivan, Feutrill JJ
EMPLOYMENT LAW - appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) (FWA) - where primary judge found that the respondent terminated the applicant's employment for reasons that did not include his possession or exercise of a workplace right to protect his health and safety in the workplace - where primary judge found that the respondent terminated the applicant's employment because of his failure to perform his duties …
Status of Appeal to High Court -
15 February 2023: HCA - Special leave application dismissed [2023] HCASL 9
16 Sep 2022
: State of Queensland v Telecommunications Industry Ombudsman [2022] FCAFC 158
Besanko, Middleton and Rangiah JJ
(
405 ALR 1 ; 294 FCR 171
)
COMMUNICATIONS LAW - Telecommunications Act 1997 (Cth) Sch 3 cl 7 - meaning of "maintenance" as part of power to "maintain a facility" - whether maintenance includes the installation of a new fibre optic cable in a conduit or duct owned by a third party with whom access agreement entered - where consent of landowner required absent authorisation to install or maintain facility under the Act - held: installation of proposed facility not within power to maintain - appeal…
Status of Appeal to High Court -
16 June 2023: HCA - Special leave application refused with costs [2023] HCATrans 86
15 Sep 2022
: Mawhinney v Australian Securities and Investments Commission [2022] FCAFC 159
Jagot, O'Bryan and Cheeseman JJ
(
405 ALR 292 ; 163 ACSR 265 ; 294 FCR 375
)
APPEAL AND NEW TRIAL -- appeal against findings of contraventions of Corporations Act and ASIC Act in proceeding for permanent injunctions -- where ASIC conducted case on basis that no findings of contraventions necessary for injunctions under s 1324 of Corporations Act -- where appellant denied procedural fairness -- exceptional case in which proceeding must be remitted for hearing in different basis from original case -- where other appeal grounds alleging incompetence of…
Status of Appeal to High Court -
21 April 2023: HCA - Special leave application refused [2023] HCATrans 50
2 Sep 2022
: Carnival plc v Karpik (The Ruby Princess) [2022] FCAFC 149
Allsop CJ, Rares and Derrington JJ
(
404 ALR 386 ; 163 ACSR 119 ; 294 FCR 524
)
CONTRACTS - contract formation - nature of agency relationship - extent of agent's authority - imputation of agent's knowledge - incorporation of terms - relevance of so-called ticket cases - offer and acceptance - whether there was reasonable notice of terms of contract of passage including the exclusive jurisdiction clause - whether exclusive jurisdiction clause was onerous or unusual CONSUMER LAW - whether exclusive jurisdiction clause or class action waiver clause are…
Status of Appeal to High Court -
17 March 2023: HCA - Special leave application granted [2023] HCATrans 33
26 Aug 2022
: Tereva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 142
Mortimer, Bromwich and Thomas JJ
(
294 FCR 270
)
MIGRATION - Migration Act 1958 (Cth) s 501BA - exercise of discretion to override decision of Administrative Appeals Tribunal to revoke visa cancellation - whether discretion under s 501BA miscarried or was not properly exercised - whether decision-maker exceeded the boundaries for determination of the "national interest" - whether decision was legally unreasonable - whether s 501BA(3) is invalid - appeal dismissed
Status of Appeal to High Court -
17 March 2023: HCA - Special leave application refused with costs [2023] HCATrans 35
9 Aug 2022
: HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133
Yates, Abraham and McElwaine JJ
(
294 FCR 13
)
MIGRATION - appeal from the decision of the Federal Court of Australia - where the Federal Court dismissed the application for review of the decision of the Administrative Appeals Tribunal - where the Administrative Appeals Tribunal affirmed the delegate's decision not to revoke cancellation of visa - whether representation was clearly articulated or clearly emerged from the materials - whether Administrative Appeals Tribunal's misunderstanding of Australia's unenacted…
Status of Appeal to High Court -
8 December 2022: HCA - Special leave application dismissed [2022] HCASL 211
5 Aug 2022
: Cruickshank v Australian Securities and Investments Commission [2022] FCAFC 128
Allsop, Jackson and Anderson JJ
(
403 ALR 67 ; 163 ACSR 226 ; 292 FCR 627
)
CORPORATIONS - appeal from the decision of the liability judgment and the orders and declarations made in the penalty judgment - continuous disclosure obligations pursuant to s 674(2A) of Corporations Act 2001 (Cth) - whether information not disclosed was material to relevant investors pursuant to s 677 - whether a reasonable person would expect the information, were it generally available, to have a material effect on the price or value of the Company's shares for the…
Status of Appeal to High Court -
17 November 2022: HCA - Special leave application dismissed with costs [2022] HCASL 201
4 Aug 2022
: Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 144
Rares, Anderson and Hespe JJ
(
294 FCR 63
)
CONSTITUTIONAL LAW - s 51(xix) of the Constitution - aliens power - naturalisation and renunciation of citizenship - where British subject born in United Kingdom migrated to Australia and enrolled to vote under s 93(1)(b)(ii) of Commonwealth Electoral Act 1918 (Cth) before 26 January 1984 - where person naturalised as Australian citizen in 1988 renounced citizenship in 1995 and granted visa - where ex-citizen failed character test and Minister cancelled visa under s 501 of…
Status of Appeal to High Court -
8 December 2022: HCA - Special leave application dismissed [2022] HCASL 210
19 Jul 2022
: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2022] FCAFC 121
Greenwood, Cheeseman and McElwaine JJ
COSTS - determination of costs on appeal and first instance proceeding - application for an order that the respondents pay the appellant's costs on an indemnity basis - where offer of compromise - where no reason to depart from guiding principle for the award of indemnity costs- where not unreasonable to not accept offer of compromise
Status of Appeal to High Court -
17 February 2023: HCA - Special leave application granted [2023] HCATrans 13
15 Jul 2022
: Mackie v Minister for Home Affairs [2022] FCAFC 120
Rares, Mortimer and O'Sullivan JJ
MIGRATION - two appeals heard together - decisions to cancel appellants' visas under s 501(3) of Migration Act 1958 (Cth) - where Minister decided cancellation of the visas was in the national interest - appellants found to be senior members of an "outlaw motorcycle gang" - where Minister made findings about opposition to "anti-biker" legislation and appellants' "willingness to disobey Australian laws" in the future - whether primary judge correct to find Minister's…
Status of Appeal to High Court -
10 November 2022: HCA - Special leave application dismissed with costs [2022] HCASL 191
12 Jul 2022
: AVI17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 800
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where FCCA Judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to refuse the appellant a protection visa - failure to disclose a notification under s 438 of the Migration Act 1958 (Cth) (s 438 certificate) - whether failure to disclose deprived appellant of the possibility of a successful outcome so as to…
Status of Appeal to High Court -
13 October 2022: HCA - Special leave application dismissed [2022] HCASL 170
6 Jul 2022
: AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114
Kenny, O'Callaghan and Thawley JJ
(
294 FCR 80
)
MIGRATION - appeal: whether Tribunal failed to comply with cl 14(1)(a) of Direction 65 by failing to consider for itself "international non-refoulement obligations" - appeal dismissed - cross-appeal: whether second judicial review application precluded by reason of res judicata, Anshun estoppel, abuse of process - cross appeal dismissed
Status of Appeal to High Court -
17 February 2023: HCA - Special leave application refused with costs [2023] HCATrans 17
6 Jul 2022
: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112
Greenwood, Cheeseman and McElwaine JJ
(
292 FCR 512 ; 402 ALR 576 ; 167 IPR 411
)
COPYRIGHT - appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract - where primary judge upheld the claims in relation to only one of the respondents - where appellant contends that its claims should have been upheld by the primary judge against all respondents ; COPYRIGHT - whether the primary judge erred in dismissing the copyright infringement claims against the…
Status of Appeal to High Court -
17 February 2023: HCA - Special Leave application granted [2023] HCATrans 13
30 Jun 2022
: Yu v ACT Education Directorate [2022] FCAFC 110
Thomas, Sarah C Derrington and Halley JJ
INDUSTRIAL LAW - adverse action - whether employee exercising a workplace right under s 343(1)(a) of the Fair Work Act 2009 (Cth) - where employee claimed to have been exercising her right to take reasonable care of her own health and safety under s 44 of the Work Health and Safety Act 2011 (ACT) when refusing the directions of her employer to prepare a Professional Pathways Plan, to teach under observation and to attend certain meetings INDUSTRIAL LAW - Enterprise Agreement …
Status of Appeal to High Court -
8 December 2022: HCA - Special leave application dismissed [2022] HCASL 205
27 Jun 2022
: Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108
Besanko, Lee and O'Bryan JJ
(
162 ACSR 266 ; 293 FCR 330 ; 410 ALR 390
)
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 first respondent provided loans to successful applicants for credit - whether charges imposed by second respondent for "services" were…
Status of Appeal to High Court -
15 December 2022: HCA - Special leave application refused with costs [2022] HCATrans 224
14 Jun 2022
: Sino-Aus Motor Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 686
Downes J
MIGRATION - application for approval of nomination of person to a position in Australia refused by delegate - applicant sought review and was invited by Administrative Appeals Tribunal to provide further information - invitation made pursuant to s 359(2) Migration Act 1958 (Cth) - invitation transmitted to email address of migration agent who was the applicant's authorised recipient within meaning of s 379G Migration Act 1958 (Cth) - invitation deemed by s 379C(5) Migration…
Status of Appeal to High Court -
10 November 2022: HCA - Special leave application dismissed with costs [2022] HCASL 192
9 Jun 2022
: Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102
Bromwich, Lee and Thawley JJ
(
402 ALR 279 ; 294 FCR 101
)
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 continue the proceeding - whether rr 42.11 and 42.16 of the Federal Court Rules 2011 (Cth) set out an exhaustive list of procedures for…
Status of Appeal to High Court -
20 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 184
1 Jun 2022
: CHB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 635
Greenwood J
MIGRATION - consideration of the analytical method required to be adopted by the Immigration Assessment Authority ("IAA") when determining whether new information can be considered for the purposes of s 473DD of the Migration Act 1958 (Cth) (the "Act") when making a decision on a review of a fast track reviewable decision - consideration of the principles discussed by the majority at [6] [12] and the separate reasons of Edelman J at [23] and [24] in AUS17 v Minister for…
Status of Appeal to High Court -
13 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 181
1 Jun 2022
: CMP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 634
Yates J
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - application for a protection visa - whether Authority acted unreasonably in failing to get new information - whether Authority failed to consider whether to get new information - appeal dismissed
Status of Appeal to High Court -
13 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 182
24 May 2022
: Bibawi v Australian Human Rights Commission [2022] FCA 607
Rangiah J
HUMAN RIGHTS - Application for summary dismissal of appeal against dismissal of application for judicial review of decision by Australian Human Rights Commission - where appellant's "complaint" did not satisfy requirements of s 46P(1A) of the Australian Human Rights Commission Act 1986 (Cth) PRACTICE AND PROCEDURE - Application for summary judgment - where appeal has no reasonable prospects of success - appeal dismissed
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed [2022] HCASL 151
24 May 2022
: Hurley v Collector of Customs [2022] FCAFC 92
Moshinsky, Banks-smith and Colvin JJ
(
176 ALD 317 ; 292 FCR 243
)
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 entered for that purpose - where the duty was not payable before or at the time when the goods were delivered into home consumption - where the duty was…
Status of Appeal to High Court -
13 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 175
20 May 2022
: AFG20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 585
Cheeseman J
PRACTICE AND PROCEDURE - application for leave to rely upon proposed amended ground of appeal as set out in the appellant's outline of written submissions - where proposed amended ground of appeal opposed in part by the first respondent (Minister) - where proposed amended ground includes an argument not raised before the primary judge - where no explanation for failure to take the point in the Court below - where the Minister opposed leave being granted on the basis that the …
Status of Appeal to High Court -
13 October 2022: HCA - Special leave dismissed with costs [2022] HCASL 173
17 May 2022
: EEE16 v Minister for Immigration, Citizenship, Migrant Services, Multicultural Affairs [2022] FCA 629
Rares J
MIGRATION - application for constitutional writ relief - whether Immigration Assessment Authority failed to consider claim that visa applicant was political activist when claim not before it or delegate - whether Authority erred in making adverse credibility finding - whether Authority should have sought new information under ss 473DC and 473DD of Migration Act 1958 (Cth) - where Authority not asked to accept new information - where no exceptional circumstances existed -…
Status of Appeal to High Court -
15 December 2022: HCA - Special leave application dismissed [2022] HCASL 219
12 May 2022
: Saffari v Amazon.com Inc [2022] FCA 535
Cheeseman J
PRACTICE AND PROCEDURE - service - where the application for leave to appeal in respect of two interlocutory decisions of the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) - where applicant is self-represented - where the first respondent (Amazon) is a foreign company based in the United States of America - where the second respondent, Jeffrey Bezos, one of 17 governors of Amazon, is outside the jurisdiction - where the applicant…
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed [2022] HCASL 149
5 May 2022
: CGN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 494
Anderson J
MIGRATION - appeal from an order made by the Federal Circuit Court of Australia dismissing the Appellant's application for judicial review of a decision of Administrative Appeals Tribunal - whether the Federal Circuit Court was correct to conclude that the decision of the Tribunal was not affected by jurisdictional error - where the decision exhibits no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
8 September 2022: HCA - Special leave application dismissed [2022] HCASL 136
5 May 2022
: EXT20 v Minister for Home Affairs [2022] FCAFC 72
Mortimer, Wigney and Snaden JJ
(
291 FCR 55
)
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 the prescribed period - where Minister concluded that he was unable to make a finding about the appellant's claim to fear harm due to …
Status of Appeal to High Court -
15 December 2022: HCA - Special leave application refused with costs [2022] HCATrans 223
4 May 2022
: Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69
Yates, Moshinsky and Rofe JJ
(
166 IPR 436
)
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 judge erred in so finding - held: no error in primary judge's conclusion PATENTS - inventive step - method of treatment claims - where primary judge found that the…
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed with costs [2022] HCASL 162
4 May 2022
: Qantas Airways Ltd v Transport Workers' Union of Australia [2022] FCAFC 71
Bromberg, Rangiah and Bromwich JJ
(
402 ALR 1 ; 315 IR 1 ; 292 FCR 34
)
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 Act - whether s 340(1)(b) requires a person to have presently existing workplace right - consideration of the reverse onus under s 360(1) of the FW Act -…
Status of Appeal to High Court -
18 November 2022: HCA - Special leave application granted [2022] HCATrans 205
29 Apr 2022
: DJL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 451
Anastassiou J
MIGRATION - appeal from Federal Circuit Court of Australia - application for protection visa - whether Administrative Appeals Tribunal erred by making findings not open to it - whether Tribunal fell into jurisdictional error by acting legally unreasonably or illogically by failing to take into account relevant parts of country information - whether Tribunal fell into jurisdictional error by acting unreasonably in making finding that appellant had fabricated his claim -…
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed with costs [2022] HCASL 167
29 Apr 2022
: Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66
Jagot, Charlesworth and O'Bryan JJ
(
401 ALR 578 ; 291 FCR 263
)
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 located on adjacent land subject to a mineral lease already held by the third respondent - where loading facility is used to load ore concentrate from the McArthur …
Status of Appeal to High Court -
16 December 2022: HCA - Special leave application granted [2022] HCATrans 229
29 Apr 2022
: Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68
Rares, Wigney and Lee JJ
(
400 ALR 56 ; 292 FCR 336
)
DEFAMATION - whether pleaded imputations conveyed by matter complained of - where matter complained of named applicant doctors and later made generalised defamatory assertions as to misconduct not specifically attributed to applicants - whether ordinary reasonable reader would understand imputations conveyed in respect of applicants HIGH COURT AND FEDERAL COURT - whether s 17(2) of the Royal Commissions Act 1923 (NSW) has application in a federal court - consideration of the …
Status of Appeal to High Court -
17 February 2023: HCA - Special leave application refused with costs [2023] HCATrans 14
22 Apr 2022
: BRL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 434
Lee J
MIGRATION - appeal from a decision of the primary judge to refuse to grant the appellant a protection visa - appellant citizen of India claiming fear of harm - where Tribunal made adverse credibility findings in respect of the appellant - appellant's claims found to be fabricated - no error identified by the primary judge - Delphic notice of appeal - no discernible error - appeal dismissed
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed [2022] HCASL 154
14 Apr 2022
: Nyoni v Bird [2022] FCAFC 61
Mortimer, Rofe and McElwaine JJ
(
177 ALD 21
)
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 could not grant prerogative relief against itself applying Bird v Free (1994) 126 ALR 475 - whether the primary judge erred in concluding that a breach of the rules…
Status of Appeal to High Court -
13 April 2023: HCA - Special leave application dismissed [2023 HCASL 39]
13 Apr 2022
: Commissioner of Patents v Thaler [2022] FCAFC 62
Allsop CJ, Nicholas, Yates, Moshinsky and Burley JJ
(
166 IPR 215 ; 401 ALR 551 ; 289 FCR 45
)
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 process undertaken by DABUS - where Deputy Commissioner of Patents determined that patent application did not comply with…
Status of Appeal to High Court -
11 November 2022: HCA - Special leave application refused with costs [2022] HCATrans 199
13 Apr 2022
: KTC v David [2022] FCAFC 60
Wigney, Anastassiou and Jackson JJ
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 claim involves speculation or conjecture, obviating any purported substantial injustice - leave to appeal granted PRACTICE AND PROCEDURE -…
Status of Appeal to High Court -
21 October 2022: HCA - Special leave application dismissed with costs [2022] HCATrans 183
11 Apr 2022
: BTQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 382
Kenny J
MIGRATION - appeal from the Federal Circuit Court - whether the Administrative Appeals Tribunal failed to consider a clearly articulated claim - appeal dismissed
Status of Appeal to High Court -
19 September 2022: HCA - Special leave application dismissed [2022] HCASL 146
8 Apr 2022
: SZROL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 378
Thawley J
MIGRATION - appeal from Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a Delegate not to grant the applicant a protection visa - whether primary judge dealt adequately or at all with appeal grounds - inconsistencies in evidence - appeal dismissed
Status of Appeal to High Court -
18 August 2022: HCA - Special leave application dismissed [2022] HCASL 125
5 Apr 2022
: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52
Jagot, Mortimer and Abraham JJ
(
290 FCR 149
)
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 of respondent occur at property of members of the public - whether orders were interlocutory in character - whether…
Status of Appeal to High Court -
11 November 2022: HCA - Special leave application granted on limited grounds [2022] HCATrans 196
30 Mar 2022
: AFB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 299
Snaden J
MIGRATION - applicant's visa cancelled on character grounds - applicant subsequently applied for protection visa - application for protection visa rejected by delegate of first respondent - application for review of delegate's decision before second respondent ("Tribunal") - Tribunal affirmed delegate's decision - application for judicial review of Tribunal decision before Federal Circuit Court of Australia ("FCCA") - application dismissed - appeal from FCCA judgment -…
Status of Appeal to High Court -
13 October 2022: HCA - Special leave application dismissed [2022] HCASL 169
29 Mar 2022
: Avant Insurance Limited v Darshn [2022] FCAFC 48
Jagot, Derrington and Colvin JJ
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 reliance on insured not having given notice of facts that might give rise to claim against insured contravened insurer's duty of utmost good faith -- whether primary…
Status of Appeal to High Court -
18 November 2022: HCA - Special leave application refused with costs [2022] HCATrans 210
14 Mar 2022
: Campbell v Northern Territory of Australia [2022] FCAFC 37
Jagot, Bromwich and Abraham JJ
(
289 FCR 148
)
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 to file notice of contention -- whether appellant precluded from instituting appeal by virtue of releases in …
Status of Appeal to High Court -
21 October 2022: HCA - Special leave application dismissed with costs [2022] HCATrans 188
25 Feb 2022
: Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 23
Katzmann, Sarah C Derrington and Banks-smith JJ
(
397 ALR 316 ; 157 ACSR 542 ; 288 FCR 10
)
MIGRATION - appeal from decision of primary judge dismissing application for judicial review of decision not to revoke mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) - whether Minister took into account an irrelevant consideration being unrecorded convictions as a juvenile - whether Minister failed to consider substantial or significant and clearly articulated claims - whether reasons fail to demonstrate an active intellectual process with…
Status of Appeal to High Court -
16 September 2022: HCA - Special leave application granted on condition [2022] HCATrans 160
23 Feb 2022
: McMillan v Warner (Trustee) [2022] FCAFC 20
Logan, Farrell and Halley JJ
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 rejected the transferor's evidence as to his purpose in making the transfer - whether the transferor's main purpose was to prevent the property…
Status of Appeal to High Court -
14 October 2022: HCA - Special leave application refused with costs [2022] HCATrans 170
21 Feb 2022
: Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16
Moshinsky, Derrington and Colvin JJ
(
158 ACSR 474 ; 400 ALR 25
)
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 disease at premises - where memorandum excludes cover for diseases listed in Biosecurity Act …
Status of Appeal to High Court -
14 October 2022: HCA - Special leave application refused with costs [2022] HCATrans 173
21 Feb 2022
: LCA Marrickville Pty Limited v Swiss Re International SE [2022] FCAFC 17
Moshinsky, Derrington and Colvin JJ
(
401 ALR 204 ; 290 FCR 435
)
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 mere overlap INSURANCE - construction of policies - principles of construction - requirement to read policy from the position of an…
Status of Appeal to High Court -
14 October 2022: HCA - Special leave application refused [2022] HCATrans 172
18 Feb 2022
: CMC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 121
Rofe J
MIGRATION - appeal from judgment of the Federal Circuit Court of Australia - judicial review of a decision of the Administrative Appeals Tribunal affirming decision of the delegate not to grant a protection visa - whether Tribunal made findings without probative evidence - whether Tribunal took into account irrelevant matters - whether Tribunal failed to take into account probative evidence - findings regarding appellants' credibility - appeal dismissed
Status of Appeal to High Court -
18 August 2022: HCA - Special leave application dismissed with costs [2022] HCASL 132
14 Feb 2022
: Renton v Minister for Home Affairs [2022] FCAFC 11
Charlesworth, Stewart and Halley JJ
(
292 FCR 155
)
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 to raise new grounds - where new grounds are either without merit or do not allege jurisdictional error - appeal dismissed
Status of Appeal to High Court -
18 August 2022: HCA - Special leave application dismissed [2022] HCASL 126
7 Feb 2022
: BSF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 61
Greenwood J
MIGRATION - consideration of an application for leave to adduce fresh evidence on the appeal - consideration of an application for leave to amend a notice of appeal - consideration of the grounds of appeal as amended to the extent granted by leave
Status of Appeal to High Court -
18 August 2022: HCA - Special leave application dismissed [2022] HCASL 127
7 Feb 2022
: Facebook Inc v Australian Information Commissioner [2022] FCAFC 9
Allsop CJ, Perram, and Yates JJ
(
289 FCR 217
)
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 - whether installation, operation and removal of cookies on Australian users' devices and management of the Facebook login…
Status of Appeal to High Court -
16 September 2022: HCA - Special leave application granted [2022] HCATrans 157
4 Feb 2022
: BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68
Bromwich J
MIGRATION - appeal from Federal Circuit Court of Australia (now Division 2 of the Federal Circuit and Family Court of Australia) - whether primary judge erred in assessing grounds of review from a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent to refuse the appellant a Protection (subclass 866) visa - where appellant previously convicted of drug trafficking in Australia - whether Tribunal erred in not being…
Status of Appeal to High Court -
16 June 2022: HCA - Special leave application dismissed [2022] HCASL 115
25 Jan 2022
: Commissioner of Taxation v Shell Energy Holdings Australia Limited [2022] FCAFC 2
Allsop CJ, Davies and Thawley JJ
(
396 ALR 565 ; 288 FCR 193
)
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 - whether the respondent is entitled to tax deduction under s 40-80 of the Income Tax Assessment Act…
Status of Appeal to High Court -
9 September 2022: HCA - Special leave application dismissed with costs [2022] HCATrans 151
