Latest Judgments

Almassri v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1352
MIGRATION - application for judicial review of decision of delegate of Minister for Immigration, Citizenship and Multicultural Affairs - visa cancelled under s 128 of the Migration Act 1958 (Cth) on ground that visa holder had been assessed by Australian Security Intelligence Organisation to be directly or indirectly a risk to security - whether delegate's decision affected by jurisdictional error by reason of failure to have regard to a mandatory relevant consideration or legal unreasonableness
22 Nov 2024 |  MCDONALD J

Hera Project Pty Ltd v Woolworths Ltd [2024] FCA 1339
PRACTICE AND PROCEDURE - security for costs - failure to provide security as ordered - looming trial date - application to dismiss proceeding - competing applications to discharge security or extend time for its provision - no satisfactory evidence about mechanisms to provide security if time is extended - unsatisfactory history of non-compliance - cascading uncertainties - proceeding dismissed
21 Nov 2024 |  MCELWAINE J

Bankruptcy
Karlsson v Griffith University [2024] FCAFC 150
BANKRUPTCY AND INSOLVENCY - appeal from a decision of the primary judge refusing to set aside a bankruptcy notice upon review of a decision of the Registrar - where the appellant's asserted counter-claim, set-off or cross demand under s 40(1)(g) of the Bankruptcy Act 1966 (Cth) was the very source of the judgments underlying the act of bankruptcy - appeal dismissed
22 Nov 2024 |  PERRY, BROMWICH AND RAPER JJ

Trade Marks
Killer Queen, LLC v Taylor [2024] FCAFC 149
TRADE MARKS - infringement of registered trade mark established - where registered trade mark is a name - joint tortfeasance - principles discussed TRADE MARKS - specification of registered goods - meaning of "clothes" - role of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks as an aid to construction TRADE MARKS - defence to infringement - where infringing mark is a name mark - own name defence - whether joint tortfeasor who does not use the infringing mark can rely on the defence - whether defence applies to the use of an adopted name - where person relying on defence has assigned the name mark - whether assignor can rely on continuing use of own name as a defence TRADE MARKS - defence to infringement - where infringing mark is deceptively similar to the registered mark - whether person using the infringing mark would obtain registration - honest concurrent use - whether concurrent use established - whether honest use established TRADE MARKS - cancellation - whether, because of reputation in prior mark, use of the registered mark would be likely to deceive or cause confusion - where ground of cancellation established - whether discretion should be exercised not to cancel the registration of the registered mark TRADE MARKS - cancellation - whether, because of circumstances applying at the time when the application for rectification is filed, the use of the registered mark is likely to deceive or cause confusion - where ground of cancellation is established - whether discretion should be exercised not to cancel the registration of the registered mark
22 Nov 2024 |  YATES, BURLEY AND ROFE JJ

Taxation
Commissioner of Taxation v Esso Australia Resources Pty Ltd [2024] FCAFC 151
TAXATION - petroleum resource rent tax - where "assessable tolling receipts derived by a person in relation to a petroleum project" is defined as "the consideration receivable by the person in relation to the processing of ... petroleum, in relation to the project" - whether payments labelled as "monthly reservation fees" were assessable tolling receipts - whether a "settlement sum" paid in the context of resolving a dispute was an assessable tolling receipt - payments found to be assessable tolling receipts - time of derivation
22 Nov 2024 |  THAWLEY, JACKMAN AND HORAN JJ

Taxation
Vega Industries Australia Pty Ltd v Comptroller-General of Customs [2024] FCA 1343
TAXATION - customs and excise - review of decision of the Administrative Appeals Tribunal affirming decision to refuse tariff concession order (TCO) application - whether Tribunal failed to identify the TCO goods correctly - whether Tribunal erred in identifying the uses of the TCO goods - whether Tribunal failed to have regard to evidence - whether Tribunal unreasonably gave weight to opinion evidence
22 Nov 2024 |  HESPE J

Bankruptcy
Council of the Law Society of the Australian Capital Territory v Ezekiel-Hart, in the matter of Ezekiel-Hart [2024] FCA 1341
BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - leave granted to amend defect or irregularity in the creditor's petition where no injustice has been caused by the defect or irregularity - debtor failed to comply with bankruptcy notice - act of bankruptcy committed - respondent debtor's evidence inadequate to establish that he is able to pay his debts so as to satisfy s 52(2)(a) of the Bankruptcy Act 1966 (Cth) - respondent failed to establish that for other sufficient cause, the sequestration order ought not to be made for the purposes of s 52(2)(b) of the Bankruptcy Act 1966 (Cth) - sequestration order made.
21 Nov 2024 |  PERRY J

Costs ; Administrative Law
Conway (a pseudonym) v Secretary, Department of Home Affairs [2024] FCA 1348
COSTS - where applicant sought mandamus compelling performance of duty to decide application for visa - where applicant sought habeas corpus - where applicant granted a visa and released from detention, rendering applications moot - where applicant seeks costs - where respondent say claim for habeas corpus bound to fail - when parties may request reasons for a decision from the Court - "rough and ready" approach to costs adopted
21 Nov 2024 |  KENNETT J

Administrative Law
Rindeklev v Comcare (No 2) [2024] FCA 1349

21 Nov 2024 |  COLVIN J

Migration
Sidhu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1342
MIGRATION - application for leave to appeal decision of the Federal Circuit and Family Court of Australia (Division 2) - where visa application was not accompanied by evidence that the Applicant achieved minimum language test requirements
21 Nov 2024 |  HESPE J