Latest Judgments

Practice and Procedure ; Administrative Law
Quach v Australian Health Practitioner Regulation Agency (Extension of Time) [2023] FCA 578
PRACTICE AND PROCEDURE - application for extension of time and leave to appeal from summary judgment - whether appeal has prospects of success - whether adequate explanation for delay - application dismissed
01 Jun 2023 |  THAWLEY J

Practice and Procedure ; Administrative Law
Quach v Australian Health Practitioner Regulation Agency (Notice to Produce) [2023] FCA 577
PRACTICE AND PROCEDURE - notice to produce - whether document sought are relevant - notice to produce set aside
01 Jun 2023 |  THAWLEY J

Practice and Procedure ; Administrative Law
Quach v Australian Health Practitioner Regulation Agency (Adjournment) [2023] FCA 576
PRACTICE AND PROCEDURE - application for leave to appeal from summary judgment - request for adjournment - medical certificate - whether evidence sufficient to warrant grant of adjournment - adjournment refused
01 Jun 2023 |  THAWLEY J

Taxation
Commissioner of Taxation v Wood [2023] FCA 574
TAXATION - general deduction from assessable income - whether a payment made to settle litigation years after the relevant employment ended qualifies as a general deduction from assessable income under s 8-1 of the Income Tax Assessment Act 1997 (Cth) - whether the loss or outgoing was incurred in gaining or producing assessable income - whether the loss or outgoing is of capital or of a capital nature
02 Jun 2023 |  STEWART J

Migration
FGX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 560
MIGRATION - appeal from judgment dismissing application for judicial review of a decision not to grant the appellant a Protection visa - whether primary judge erred in finding no jurisdictional error where Tribunal did not accede to appellant's request to take oral evidence over the phone under s 246 Migration Act 1958 (Cth) - whether primary judge erred in finding no jurisdictional error where Tribunal did not consider whether the appellant was a member of a particular social group - appeal dismissed
02 Jun 2023 |  NICHOLAS J

Practice and Procedure ; Corporations Law
Invast Financial Services Pty Ltd v Pseven International DWC LLC (No 2) [2023] FCA 564
PRACTICE AND PROCEDURE - referee appointed under s 54A of the Federal Court of Australia Act 1976 (Cth) for inquiry and report - application under r 28.67(a) of the Federal Court Rules 2011 (Cth) seeking the adoption of the referee's report in whole - report adopted in whole
02 Jun 2023 |  YATES J

Migration
Singh v Minister for Immigration, Citizenship, Multicultural Affairs [2023] FCA 571
MIGRATION - application for leave to appeal from a decision of the Federal Circuit Court of Australia (as it was then known) dismissing, at a show cause hearing, an application for judicial review of a decision of the Administrative Appeals Tribunal - where the applicant had sought review of a decision of a delegate of the Minister to refuse to grant the application a temporary student visa - no tenable error identified in primary judge's decision - no merit to grounds of application for leave to appeal - application for leave to appeal dismissed
02 Jun 2023 |  WHEELAHAN J

Administrative Law
SADF v National Disability Insurance Agency [2023] FCA 557
ADMINISTRATIVE LAW - application for leave to appeal - where primary judge ordered that applicant be removed as litigation representative for daughter - whether decision is attended with sufficient doubt - whether substantial injustice would result if leave were refused - application dismissed
02 Jun 2023 |  RANGIAH J

Practice and Procedure ; Corporations Law
ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566
PRACTICE AND PROCEDURE - interlocutory application - where respondent sought summary judgment on the applicant's originating application and statement of claim pursuant to s 31A Federal Court of Australia Act 1976 (Cth) and r 26.01 Federal Court Rules 2011 (Cth) - where respondent sought strike out of applicant's statement of claim pursuant to r 16.21 Federal Court Rules 2011 (Cth) - application dismissed
02 Jun 2023 |  O'CALLAGHAN J

Practice and Procedure ; Corporations Law
BLG23 v BLH23, in the matter of BLG23 [2023] FCA 572
PRACTICE AND PROCEDURE - security for costs of appeal - real risk that the respondent would be unable to recover costs against the appellant - long history of unpaid costs orders - prospects of success not significant - orders made for the provision of security PRACTICE AND PROCEDURE - application by a third party for leave to intervene in the appeal - application refused
02 Jun 2023 |  GOODMAN J

Practice and Procedure ; Corporations Law
General Trade Industries Pty Ltd (in liquidation) v AGL Energy Limited (No 2) [2023] FCA 556
PRACTICE AND PROCEDURE - security for costs - applicant in proceedings being wound up - whether order for security would stifle action - applicant established that those who stand behind it and those who would benefit from the litigation are also without means - consideration of what needs to be shown of those who stand behind company or who would benefit from the litigation - whether reasonable to require those who stand behind the company to provide security - an order for security would stifle the proceedings - merits of the proceedings considered - application for security refused
02 Jun 2023 |  DERRINGTON J

Costs
Thompson v Lane (Trustee) (Costs) [2023] FCA 568
COSTS - Full Court ordered that the appellant pay the respondents' costs - second respondent sought order providing priority in the payment of its costs and for its costs to be fixed on a lump-sum basis - application granted
02 Jun 2023 |  GOODMAN J

Taxation ; Evidence
Condon v Commissioner of Taxation [2023] FCA 561
TAXATION - appeals pursuant to s 14ZZ(1)(a) of the Taxation Administration Act 1953 (Cth) in respect of assessments made under s 167 of the Income Tax Assessment Act 1936 (Cth) - assessments made by the Commissioner applied "asset betterment method" - nature of the onus of proof taxpayer is required to satisfy under s 14ZZO(b)(i) of the Taxation Administration Act 1953 (Cth) - obligation of taxpayer to show what their assessable income was in relevant year - insufficient to attempt to establish that Commissioner's asset betterment statements were in error - taxpayer unable to establish what his assessable income was in each year of income - appeals dismissed EVIDENCE - onus of proof - taxpayer's evidence neither reliable nor credible - taxpayer's affairs characterised by undocumented, cash transactions in respect of which no records were kept - absence of corroborating or supporting evidence - taxpayer unable to establish necessary facts to prove his actual assessable income on his evidence alone
02 Jun 2023 |  DERRINGTON J

Migration
Nagpal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 575
MIGRATION - application for extension of time to file notice of appeal from decision of Federal Circuit Court of Australia - applicant absent when matter called on for hearing - proposed ground of appeal futile - application dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth)
01 Jun 2023 |  JACKSON J

Practice and Procedure ; Corporations Law
Shaw v The Official Trustee in Bankruptcy [2023] FCA 570
PRACTICE AND PROCEDURE - application for leave to appeal - where orders made relieving respondent from compliance with Notices to Produce - whether primary decision attended by doubt sufficient to warrant review by full court - whether applicant would endure substantial injustice unless leave to appeal were granted - where primary judge finally determined aspect of applicant's interlocutory application with respect to which documents were sought - where granting leave would be disproportionate relief - where respondent agreed to produce some of the documents sought - application to be dismissed by operation of orders upon the production of those documents
01 Jun 2023 |  MORTIMER CJ