Browse Federal Court Judgments

Published in the last week

In order of publication date with most recent additions at the top.


Administrative Law
Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193
ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court setting aside decision of second respondent (NOPSEMA) to accept an environmental plan under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 Cth) - where NOPSEMA to be reasonably satisfied that the plan meets specified criteria, including for consultation of a person "whose functions, interests or activities may be affected by the activities" under the plan - construction of "reasonably satisfied" - where judicial review applicant claimed the appellant as proponent of the plan should have and did not consult him and other traditional owners of the Tiwi Islands as required by the Regulations - whether the appellant and other traditional owners were each "a relevant person" whose "functions, interests or activities may be affected by the activities" under the plan - interests held by traditional owners because of connection to the sea and marine resources; no issue with workability of consultation requirement; consultation required; delegate misunderstood the applicable law - NOPSEMA not therefore reasonably satisfied in accordance with the Regulations - appeal dismissed
KENNY, MORTIMER AND LEE JJ - 2 December 2022


Practice and Procedure; Bankruptcy
Tucker v State of Victoria [2022] FCA 1449
PRACTICE AND PROCEDURE - application for leave to appeal interlocutory orders - where the applicant has no right to appeal pursuant to s 24(1AA) of the Federal Court of Australia Act 1976 (Cth) - application refused
ANDERSON J - 1 December 2022


Practice and Procedure; Corporations Law
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Confidentiality Orders) [2022] FCA 1443
PRACTICE AND PROCEDURE - suppression and non-publication orders - swingeing applications in competing representative proceedings for confidentiality orders - Pt VAA of the Federal Court of Australia Act 1976 (Cth) - information concerning financial positions of applicants - consideration of principles of open justice - applications allowed in respect of "war chest" information only
LEE J - 23 November 2022


Representative Proceedings
Thomas v Romeo Lockleys Asset Partnership (No 3) [2022] FCA 1455
REPRESENTATIVE PROCEEDINGS - Administrator of distribution scheme appointed by the Court - Administrator granted liberty to apply - Administrator seeking orders premised on an allegation that the respondents are in breach of approved settlement agreement - allegation of breach not established - Administrator asking the Court to substitute the timeframe for payments to Group Members - whether it is just to make orders setting timeframes different to those agreed between the parties - role of Administrator is to administer the Deed in accordance with its terms, not to agitate for more beneficial terms for Group Members
CHARLESWORTH J - 15 November 2022


Practice and Procedure ; Migration
Faanoi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1453
PRACTICE AND PROCEDURE - adjournment - where proceeding raises point which is subject to a successful application for special leave to the High Court of Australia - where respondent to the adjournment application is in immigration detention - whether adjournment should be granted pending outcome of proceedings in High Court - where interests of justice favour grant of adjournment - application for adjournment granted
LOGAN J - 2 November 2022


Practice and Procedure ; Costs
McEwan v Office of the Australian Information Commissioner (No 2) [2022] FCA 1452
PRACTICE AND PROCEDURE - application to discontinue proceedings - whether leave is required to discontinue under r 21.12 of the Federal Court Rules 2011 (Cth) - whether interlocutory application should be deemed to take effect as a notice of discontinuance in Form 48 - where applicant had filed statement of claim - where no defence filed - where pleadings had not closed - held: interlocutory application deemed to take effect as a notice of discontinuance COSTS - costs of discontinued proceedings - where r 26.12(7) of the Federal Court Rules 2011 (Cth) provides prima facie presumption that discontinuing party bears the costs of discontinuance - whether discontinuing party had discharged onus in showing that the usual position as to costs should not prevail - where applicant brought concurrent proceedings with substantial overlap of matters in dispute - where the decision to discontinue reflected a personal choice of the discontinuing party to no longer proceed with one proceeding and not the other - application to displace the operation of r 26.12(7) dismissed
LOGAN J - 31 October 2022


Administrative Law
Li v Determining Authority [2022] FCA 1448
ADMINISTRATIVE LAW - application to review a decision made by the Determining Authority to make directions that the applicant repay benefits for Medicare Benefit Schedule items for which he was found to have engaged in inappropriate practice and be disqualified for 18 months under s 106U of the Health Insurance Act 1973 (Cth) - whether the Authority had regard to an irrelevant consideration, misdirected itself, or misunderstood its task when it took into account the Director and the Committee's statements of concerns - whether the Authority misdirected itself as to its statutory task when determining whether it should make the repayment directions - whether errors were material - application for review dismissed
RAPER J - 1 December 2022


Representative Proceedings
Bradshaw v BSA Limited (No 2) [2022] FCA 1440
REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - whether common fund order should be made and in what terms - relevant principles - whether certain deductions from settlement sums should be allowed - whether sum proposed as funder's commission is appropriate - consideration as to the appropriate rate of commission in a proceeding instituted in the "no costs" jurisdiction of the Fair Work Act 2009 (Cth) - whether costs incurred by a funder for adverse costs insurance should be allowed - whether pre-retainer legal costs should be allowed in full - whether deduction sought for legal costs including uplift appropriate - whether non publication orders should be made - settlement approved on basis that the distribution of the settlement sum proposed be adjusted to reflect a reduction of the funder's commission, the disallowance of adverse costs insurance and the disallowance in part of pre-retainer legal costs.
BROMBERG J - 30 November 2022


Practice and Procedure ; Migration
CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436
PRACTICE AND PROCEDURE - application for extension of time to appeal from a judgment dismissing application for judicial review - whether Immigration Assessment Authority acted unreasonably in not inviting applicant to give further information to explain certain inconsistencies in his accounts - where there was a delay of over 3 years and an inadequate explanation for the delay - whether there was any reasonably arguable appealable error in reasons of primary judge
KATZMANN J - 1 December 2022


Corporations Law
WCM Global Long Short Limited, in the matter of WCM Global Long Short Limited [2022] FCA 1447
CORPORATIONS - scheme of arrangement - first court hearing - where orders sought pursuant to s 411(1) of the Corporations Act 2001 (Cth) convening a meeting of the members of WCM Global Long Short Limited (WLS) for the purpose of considering and, if thought fit, approving a proposed scheme of arrangement between WLS and its shareholders - where orders sought pursuant to s 1319 of the Corporations Act for the convening, holding and conduct of the meeting - application allowed
MARKOVIC J - 7 November 2022


Bankruptcy
Senatore, in the matter of Autotech Services (ACT) Pty Ltd (in liq) [2022] FCA 1450
BANKRUPTCY AND INSOLVENCY - application by liquidator of trustee company for appointment as a receiver of trust property - approval of receiver's remuneration, past and future - dispensing with requirements for security and guarantee
STEWART J - 30 November 2022


Migration
Chahal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1442
MIGRATION - student visa cancellation - breach of condition 8202(2)(a) of sch 8 the Migration Regulations 1994 (Cth) - failure to maintain enrolment in a registered course of study - whether primary judge considered the appellant's claims in their entirety - whether primary judge erred by finding no merit in grounds - whether the primary judge erred in exercising discretion in making the costs order - no appealable error - appeal dismissed
THOMAS J - 30 November 2022


Human Rights ; Practice and Procedure
Praljak v Bond University Limited [2022] FCA 1439
HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - leave refused PRACTICE AND PROCEDURE - application to set aside originating application - application for summary judgment on the basis that the proceeding is an abuse of process - substantive application an abuse of process - where amount of damages sought extravagant - where application seeks to advance claims prosecuted unsuccessfully in finalised earlier proceeding - proceeding dismissed as abuse of process
MCEVOY J - 30 November 2022


Human Rights
Praljak v Commonwealth of Australia (Federal Court of Australia) [2022] FCA 1438
HUMAN RIGHTS - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - applicant claims the respondents did not organise him legal representation, that the second respondent failed to disclose conflict of interest and that there was a failure to take into account applicant's health conditions - doctrine of judicial immunity considered and applied - claim has no reasonable prospect of success - leave refused
MCEVOY J - 30 November 2022


Human Rights
Praljak v State of Queensland [2022] FCA 1437
HUMAN RIGHTS - separate question - application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) - where applicant complained to the Australian Human Rights Commission of unlawful discrimination by respondent on the ground of disability - where after inquiries the AHRC terminated the complaint on the basis that an inquiry into the complaint was not warranted in the circumstances - applicant claims discrimination by a magistrate in the Southport Magistrates Court on the basis of acrophobia impairment - where s 46PO(3A)(a) provides that application must not be made unless the court grants leave to do so - whether leave should be granted - doctrine of judicial immunity applies - proceeding is an abuse of process - leave refused.
MCEVOY J - 30 November 2022


Contempt of Court
DTO21 v Australian Crime Commission [2022] FCAFC 190
CONTEMPT OF COURT - refusal by appellant to answer certain questions in Australian Crime Commission examination - refusal constituted contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 12 months' imprisonment with liberty to apply - whether primary judge erred in finding there was continued prospect of appellant purging contempt - relevance of coercion in fixing sentences for contempt - whether primary judge considered suspended sentence - whether sentence was manifestly excessive - no error established - appeal dismissed
WIGNEY, BROMWICH AND ABRAHAM JJ - 30 November 2022


Trusts and Trustees
Sampson in his Capacity as Trustee for the Bankrupt Estate of Tannous v Tannous [2022] FCA 1427
TRUSTS AND TRUSTEES - where trustee in bankruptcy seeks orders for appointment of trustees of sale - where bankrupt's share in property in question said to be held on trust for other registered proprietor in equal shares - where presumptions of resulting trust and advancement said to arise - where evidence establishes intention of bankrupt and other registered proprietor at time of purchase was for each to be beneficial owners as to a half share - orders sought by the applicant made pursuant to s 66G of the Conveyancing Act 1919 (NSW)
ABRAHAM J - 30 November 2022


Consumer Law ; Evidence
Century Legend Pty Ltd v Ripani [2022] FCAFC 191
CONSUMER LAW - misleading and deceptive conduct - contract of sale for apartment sold "off-the-plan" - where primary judge found render contained in marketing materials misleading and deceptive - whether the primary judge erred in rejecting the evidence of a witness - whether the primary judge erred in finding the exclusion clauses in the contract were ineffective in negating the misleading or deceptive conduct of the appellant - whether the primary judge erred in concluding the respondents were entitled to statutory rescission - appeal allowed in part - limited new trial ordered pursuant to ss 28(1)(f) and 30 of the Federal Court of Australia Act 1976 (Cth) EVIDENCE - application for leave to adduce further evidence upon hearing of the appeal - exercise of discretion pursuant to s 27 of the Federal Court of Australia Act 1976 (Cth) - evidence could have been obtained for the purposes of the trial - no satisfactory explanation offered by the appellant as to failure to obtain evidence prior to the trial - application refused
MARKOVIC, MCELWAINE AND MCEVOY JJ - 30 November 2022


Damages
Gold Titan Pty Ltd v Lopez (No 3) [2022] FCA 1426
DAMAGES - assessment of damages for breach of contractual obligation of confidentiality and equitable obligation of confidence - assessment of damages under s 236 of the Australian Consumer Law - where matter remitted to primary judge for further reasons - where limited evidence before the Court
ABRAHAM J - 30 November 2022


Native Title
David on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2022] FCA 1430
NATIVE TITLE - determination of parts of native title claims by consent - determination of native title rights in sea country and some areas of land in the Torres Strait and Northern Cape York, and adjacent waters
MORTIMER J - 30 NOVEMBER 2022


Migration
Nafady v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1434
MIGRATION - application for judicial review of a personal decision by Minister not to revoke visa cancellation decision made under s 501(3) of the Migration Act 1958 (Cth) - relationship between reasonable suspicion in s 501(3)(c) and reasonable satisfaction in s 501C(4) of the Migration Act 1958 (Cth) - where applicant initially convicted of sexual offences against five women - where convictions subsequently quashed and retrial returned not guilty verdicts - where Minister undertakes own review of sentencing remarks and reasons for judgment on appeal and subsequent retrial - where Minister not able to rule out the possibility that the applicant had committed serious sexual offences in the past - where Minister finds that there is a risk that applicant will engage in serious sexual offending in the future - where Minister's decision does not expose basis upon which the Minister formed a reasonable satisfaction that the applicant did not pass the character test - application granted
LOGAN J - 30 NOVEMBER 2022


Practice and Procedure ; Costs
Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2022] FCA 1445
PRACTICE AND PROCEDURE - application for interlocutory injunction - whether applicants can demonstrate a serious question to be tried - whether the balance of convenience favours a grant of injunction - no serious question to be tried - balance of convenience does not favour grant of interlocutory injunction - application dismissed COSTS - whether prospective third respondent entitled to costs of the interlocutory application in which another party was seeking it be joined and injuncted - whereas the prospective third respondent made a submitting appearance - whereas prospective third respondent was required to participate at hearing and made submissions of assistance to the Court - prospective third respondent entitled to costs
COLLIER J - 30 November 2022


Practice and Procedure ; Corporations Law
Batterham v Clayton Utz Partnership [2022] FCA 1435
PRACTICE AND PROCEDURE - leave to appeal from summary dismissal - where claims statute-barred - leave to appeal refused
STEWART J - 30 November 2022


Practice and Procedure ; Corporations Law
Haycraft v AF1 Services Pty Ltd [2022] FCA 1441
PRACTICE AND PROCEDURE - application for stay of proceeding for just and equitable winding up of the first defendant and replacement of it as trustee of two trusts - where plaintiff and second defendant gave undertaking to bank that they would not take action to remove trustee of one of the trusts - whether undertaking given to bank was also given between the plaintiff and second defendant to each other - whether second defendant can enforce the undertaking - whether winding up would be breach of the undertaking
STEWART J - 29 NOVEMBER 2022


Bankruptcy
Tayar v Feldman [2022] FCA 1432
BANKRUPTCY AND INSOLVENCY - application for review of a sequestration order made by a registrar - hearing de novo - where parties to the proceeding are rabbis and are each adherents to the Chabad Lubavitch movement, an orthodox Hasidic movement within Judaism - where parties entered into an agreement to refer the disputes which had arisen between them to arbitration - where the arbitration was conducted by three rabbis in accordance with the principles of orthodox Jewish law - where the arbitration award was recognised by the Supreme Court of Victoria - whether there is "other sufficient cause" to dismiss the creditor's petition on the basis that the applicant has not participated in a "Mesadrin" - whether applicant estopped from pursuing an enforcement proceeding in a secular court - whether collateral contract between the parties by which they agreed to deal with the question of enforcement according to Jewish law - whether case of unilateral mistake - whether abuse of process - application dismissed
MARKOVIC J - 30 November 2022


Superannuation
Wan v BT Funds Management Limited [2022] FCAFC 189
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 s 10A of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) - construction of the expressions "lives with" and "lives together" for the purposes of the SIS Act - primary judge made no legal error in concluding that the Authority's determination was fair and reasonable in the circumstances - the Authority's determination must be read in its proper context - neither the Authority nor the primary judge imported a requirement that the living arrangement had to be full time or permanent, nor did they elevate the significance of "common residence" in their assessment of "dependant" under the SIS Act - neither the Authority nor the primary judge erred in considering the provision made for the appellant in the deceased's will - a wider construction of the term "dependant" was not required by either the Authority or the primary judge - appeal dismissed with costs.
MARKOVIC, MCELWAINE AND MCEVOY jJ - 29 November 2022


Superannuation
Australian Securities and Investments Commission v Gilliland [2022] FCA 1421
SUPERANNUATION - review of decision of Administrative Appeals Tribunal - self-managed super fund - approved SMSF auditor - disqualification order issued by ASIC - s 130F of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) - where respondent breached obligations of independence in performing duties under the SIS Act as an approved auditor - auditing funds of immediate family and close family members - where Tribunal found that the respondent misinterpreted independence standards required of approved auditor - where Tribunal overturned disqualification order - whether general deterrence is a mandatory consideration in issuing disqualification order - whether Tribunal failed to take into account relevant factor - application allowed
COLLIER J - 30 NOVEMBER 2022


Criminal Law
Commonwealth Director of Public Prosecutions v Joyce [2022] FCA 1423
CRIMINAL LAW - sentencing - cartel conduct - offender pleaded guilty to aiding, abetting, counselling, procuring or being knowingly concerned in two offences of giving effect to a cartel provision and one attempt of attempting to make a contract, arrangement or understanding containing a cartel provision - offender admitted seven additional offences - offender was export manager of company generating revenue from sale of SNBB, hyoscine hydrobromide and Duboisia leaf
ABRAHAM J - 29 November 2022


Practice and Procedure ; Migration
BTJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1428
PRACTICE AND PROCEDURE - whether applicant should be granted leave to re-open case to raise a new ground after conclusion of final hearing and judgment reserved - application for judicial review of Tribunal's decision not to revoke cancellation of applicant's visa -where applicant's criminal convictions set aside after judgment was reserved - where interests of justice favour granting applicant leave to re-open his case
RANGIAH J - 29 NOVEMBER 2022


Criminal Law
Commonwealth Director of Public Prosecutions v Alkaloids of Australia Pty Ltd [2022] FCA 1424
CRIMINAL LAW - sentencing - cartel conduct - corporate offender pleaded guilty to two offences of giving effect to a cartel provision and one offence of attempting to make a contract, arrangement or understanding containing a cartel provision - corporate offender admitted seven additional offences - where company generates revenue from sale of SNBB, hyoscine hydrobromide and Duboisia leaf
ABRAHAM J - 29 November 2022


Corporations Law
Australian Securities and Investments Commission v Commonwealth Bank of Australia [2022] FCA 1422
CORPORATIONS - alleged contraventions of ss 12DA and 12DB Australian Securities and Investments Commission Act 2001 (Cth) and s 912A(1) Corporations Act 2001 (Cth) - where bank failed to waive monthly account fees in relation to certain accounts in breach of its contract with customers - whether a notation on the customer account statement or passbook that a fee had been charged was an implied representation by the bank that it had a contractual entitlement to charge that fee - whether misleading or deceptive conduct - whether a contractual promise to waive a fee carried with it an implied representation that the bank had and would have adequate systems and processes to ensure that the fee would be waived - whether false or misleading representations in connection with supply of financial services - consideration of characteristics of ordinary and reasonable member of the class of customers to whom representations were alleged to have been made - whether bank's conduct was a failure to do all things necessary to ensure that the financial services covered by its licence were provided honestly, efficiently and fairly - where bank introduced measures and improved its systems in order to assist in detecting and preventing issues associated with the failure to waive fees - where bank took steps to investigate the cause of the errors; designed, implemented and tested an appropriate mechanism for rectifying errors and preventing their recurrence; identified all customers and customer accounts affected by the errors; and remediated all affected customers, where possible, or made contributions to charity - claims dismissed
DOWNES J - 29 November 2022


Migration
Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 188
MIGRATION - appeal from judgment affirming decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke mandatory cancellation of a visa under s 501CA - whether Tribunal failed to apply Direction 90 in not properly considering the best interests of minor children - appeal dismissed
BURLEY, THOMAS AND ABRAHAM JJ - 29 November 2022


Practice and Procedure ; Corporations Law
Ashton v Pope [2022] FCA 1425
PRACTICE AND PROCEDURE - service - ex parte interlocutory application for leave to serve originating application overseas - where respondent resident in the United States of America - where service to be implemented under Hague Convention - where causes of action include breach of directors' duties under the Corporations Act 2001 (Cth) - whether applicant established prima facie case in relation to a cause of action or remedy - where related proceedings in Supreme Court of Western Australia - leave granted
BANKS-SMITH J - 28 NOVEMBER 2022


Practice and Procedure ; Patents
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2022] FCA 1429
PRACTICE AND PROCEDURE -- application for stay of injunction, orders for delivery-up and destruction of infringing materials and costs -- appropriate form of injunction following findings of patent infringement --whether grounds of appeal reasonably arguable -- whether appeal would be rendered nugatory absent a stay -- whether balance of convenience favours either party - whether either party would suffer prejudice -- other relevant considerations
ROFE J - 21 NOVEMBER 2022


Practice and Procedure ; Arbitration
Guoao Holding Group Co., Ltd v Xue [2022] FCA 1431
PRACTICE AND PROCEDURE - international commercial arbitration - enforcement of award - application to vacate hearing date
STEWART J - 23 NOVEMBER 2022


Statutory Interpretation
Walker v Members Equity Bank Ltd [2022] FCAFC 184
STATUTORY INTERPRETATION - proper construction of s 12GB(6) of the Australian Securities and Investments Commission Act 2001 (Cth) - s 12GB(6) provides prosecution of relevant offences "may be commenced within 3 years after the commission of the offence" - whether s 12GB(6) imposes "hard" three-year limitation period or is intended to be "facultative or permissive" - consideration of text, context and legislative history of s 12GB(6) - textual significance of "may" in s 12GB(6) - legislative basis for s 12GB(6) in s 79(6) of the Trade Practices Act 1974 (Cth) - consideration of relevant authorities, including Attorney-General (Cth) v Oates (1999) 198 CLR 162 - preferable construction supports "hard" three-year limitation period in s 12GB(6) - no error by primary judge established - appeal dismissed
WIGNEY, LEE AND ABRAHAM JJ - 28 November 2022


Administrative Law
Salah (formerly HGMZ) v Secretary, Department of Social Services [2022] FCAFC 186
ADMINISTRATIVE LAW - appeal on question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where appellant challenges Tribunal's findings of fact - where recipient of social security benefits settled motor vehicle accident claim for compensation including claim for economic loss or loss of commercial opportunity - where benefit recipient disputed liability to repay lump sum to Commonwealth under s 17 and Pt 3.14 of the Social Security Act 1991 (Cth) - whether judgment sum included compensation for economic loss - whether 'special circumstances' under s 1184K(1) existed to reduce or eliminate liability to repay lump sum - where notice of appeal under s 44(1) failed to state any question of law - where grounds of appeal cavilled with Tribunal's credibility-based findings of fact - where no error in primary judgment identified - Held: appeal dismissed
RARES, KATZMANN AND CHEESEMAN JJ - 7 NOVEMBER 2022


Migration
WCGD v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1419
MIGRATION - mandatory revocation under s 501(3A) of the Migration Act 1958 (Cth) - failure to take into account depression when considering "extent of impediments" for the purpose of paragraph 14.5(1) of Direction 79 - failure adequately to consider applicant's health under paragraph 14.5(1) of Direction 79 - application allowed
THAWLEY J - 28 November 2022


Costs ; Corporations Law
Core Building Group Pty Ltd v Devoy [2022] FCA 1407
COSTS - where proceeding resolved without final hearing - whether a costs order should be made on the basis of unreasonable conduct or belated capitulation by the respondents - no unreasonable behaviour - belated capitulation on all issues other than the assessment of damages - order that the respondents pay the applicant's costs in so far as those costs relate to issues other than the assessment of damages
GOODMAN J - 28 November 2022


Bankruptcy
Spencer, in the matter of the Estate of Coshott [2022] FCA 1418
BANKRUPTCY AND INSOLVENCY - application for a sequestration order - debtor died after service of creditor's petition but before a sequestration order had been made - order made for the administration of the debtor's estate under Part XI of the Bankruptcy Act 1966 (Cth)
GOODMAN J - 28 November 2022


Practice and Procedure ; Discovery
Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 3) [2022] FCA 1420
PRACTICE AND PROCEDURE - case management -disagreement over form of orders for the appointment of a referee for inquiry and report in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) - orders for discovery
O'BRYAN J - 25 November 2022


Equity ; Corporations Law
Luvalot Clothing Pty Ltd v Dong [2022] FCA 1411
EQUITY - confidential information - use of confidential information subject to claimed equitable obligation - whether employee breached equitable obligation of confidence - whether the applicant's customer details list has necessary degree of confidence - where WeChat contacts maintained on employee's personal mobile phone - whether use of confidential information in breach of contract - application dismissed CORPORATIONS - application under s 183 of the Corporations Act 2001 (Cth) - former employee - duty not to misuse information - whether former employee was in breach of this duty - restraint of trade clause - reasonableness of restraint - restraint on acting for potential competitor - application dismissed
ANDERSON J - 28 November 2022


Courts and Judges ; Practice and Procedure ; Migration
KDSP v Secretary of the Department of Home Affairs [2022] FCA 1406
COURTS - practice and procedure - whether order by a judge of the Federal Circuit and Family Court of Australia (Division 2) to transfer proceeding to the Federal Court of Australia should be confirmed pursuant to s 32AD of the Federal Court of Australia 1976 (Cth) - where judge failed to consider the mandatory criterion "wishes of the parties" and/or denied respondents procedural fairness - transfer not confirmed
KENNY J - 23 November 2022


Migration
BQHJ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 187
MIGRATION - appeal from decision of single Judge of the Federal Court of Australia - where primary decision concerned judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of the delegate of the Minister not to revoke the appellant's visa cancellation - whether primary Judge erred by failing to find that the Tribunal had failed to consider evidence put forward by the appellant before the Tribunal - whether the primary Judge erred in not finding that the Tribunal's decision was legally unreasonable - appeal dismissed
RARES, COLLIER AND BROMWICH JJ - 28 November 2022


Practice and Procedure ; Human Rights
EIY20 v State of Western Australia [2022] FCA 1410
PRACTICE AND PROCEDURE - application to strike out pleadings pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - matter related to EIX20 v State of Western Australia [2022] FCA 1357 - applicable principles - applicant detained in Banksia Hill Detention Centre - allegations against the respondent include direct and indirect discrimination under the Disability Discrimination Act 1992 (Cth), negligence, unlawful assault and battery and unlawful imprisonment - whether claims are properly articulated - requirement that material facts be stated - particular paragraphs struck out - leave granted to re-plead
BANKS-SMITH J - 25 November 2022


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