Latest Judgments

Corporations Law
Ball, in the matter of J.W. Mailing Services Pty Ltd (in liq) (Subject to Deed of Company Arrangement) [2023] FCA 1479
CORPORATIONS - where relief sought in Further Amended Originating Process overtaken by execution of Amended Deed of Company Arrangement (Amended DOCA) - where Amended DOCA executed following resolution passed at meeting of creditors - whether appropriate to make orders having regard to these circumstances - Held: Application dismissed
29 Nov 2023 |  CHEESEMAN J

Migration
Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1495
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
29 Nov 2023 |  HESPE J

Representative Proceedings
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question) [2023] FCA 1499
REPRESENTATIVE PROCEEDINGS - open class securities class action - application for approval of opt out notices - where solicitors' common fund order (solicitors' CFO) proposed - where extant controversy as to power to make solicitors' CFO - where certain respondents propose to contend that the Court is bereft of power to make solicitors' CFO - question reserved to the Full Court pursuant to s 25(6) of the Federal Court of Australia Act 1976 (Cth) - orders made
24 Nov 2023 |  LEE J

Costs ; Consumer Law
Hamilton v Meta Platforms, Inc. (Costs) [2023] FCA 1496
COSTS - where proceeding permanently stayed - where the applicant sought an order under s 82(4) of the Competition and Consumer Act 2010 (Cth) (CCA) (NACO) - where the application for the NACO has not been determined - where the application for a permanent stay determined prior to the hearing of the NACO application - whether s 82 of the CCA displaces the general presumption that costs follow the event - whether procedural course resulted in unfairness that justifies a departure from the general presumption - Held: Applicant to pay respondents' costs.
29 Nov 2023 |  CHEESEMAN J

Migration
Abuuh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1492
MIGRATION - application for a review of a decision of the Administrative Appeals Tribunal - where applicant's citizenship was revoked pursuant to s 34(2)(b) of the Australian Citizenship Act 2007 (Cth) - where citizenship was acquired shortly after the applicant committed serious offences for which he was subsequently convicted - where applicant asserts error of law on the part of the Tribunal - application dismissed
22 Nov 2023 |  MCELWAINE J

Superannuation
Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485
SUPERANNUATION - where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services - where parties have agreed a statement of facts and the proposed form of declaratory relief, aggregate pecuniary penalty, the terms of an adverse publicity notice and payment of costs - whether the proposed penalty is within an appropriate range - whether other relief should be granted
29 Nov 2023 |  STEWART J

Migration
Ara v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1483
MIGRATION - application for extension of time to appeal decision of (then) Federal Circuit Court of Australia dismissing application for judicial review - where no explanation provided for extensive delay - where no draft notice of appeal was filed and served - application dismissed
29 Nov 2023 |  DOWNES J

Practice and Procedure ; Discovery
Pigozzo v Mineral Resources Ltd (No 2) [2023] FCA 1489
PRACTICE AND PROCEDURE - application for leave to issue subpoenas to give evidence and produce documents returnable at an interlocutory hearing and (or) before trial - where orders made for exchange of affidavit evidence - where witness unwilling to make affidavit - whether oral evidence necessary to facilitate the just resolution of an interlocutory hearing - where pleadings not closed and statement of claim unsettled - whether issue of subpoenas to produce documents before trial premature - whether subpoenas have a legitimate forensic purpose - whether subpoenas are for non-party discovery - whether subpoenas are oppressive
28 Nov 2023 |  FEUTRILL J

Migration
ANW19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1471
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of Immigration Assessment Authority's decision - appellant seeks leave to rely upon ground in amended notice of appeal - Authority's consideration of new information under s 473DD of Migration Act 1958 (Cth) - rejection of new information not unreasonable, illogical or irrational - proposed amended ground of appeal lacks merit - leave to rely upon new ground of appeal refused - appeal dismissed
24 Nov 2023 |  JACKSON J

Costs ; Industrial Law
Twomey v Que 5 Pty Ltd (No 2) [2023] FCA 1481
COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) - proceedings instituted without reasonable cause - costs awarded
28 Nov 2023 |  JACKSON J

Practice and Procedure ; Corporations Law
Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) (No 2) [2023] FCA 1234
PRACTICE AND PROCEDURE - application for stay of proceedings - where criminal proceedings commenced in Magistrates Court of Western Australia in relation to overlapping factual matrix - where related criminal proceedings is a private prosecution - where the accused in the criminal proceeding is a corporation - where the applicants are regulators and there is a public interest in the civil proceeding - where the pleadings in the civil proceedings have not closed - where there was overlap in witnesses between the civil and criminal proceedings - whether the interests of justice require an immediate stay of the civil proceeding - Held: application dismissed.
23 Oct 2023 |  CHEESEMAN J