Browse Federal Court Judgments

Practice and Procedure ; Taxation
Deputy Commission of Taxation v Elzain (No 2) [2024] FCA 346
PRACTICE AND PROCEDURE - further application by respondents for suppression of reasons for judgment following its publication - where application was made by solicitor's email to chambers following publication of judgment in open court - where suppression was not pressed by counsel at hearing - where no principled basis identified for application - where insufficient attention paid to primary objective of safeguarding the public interest in open justice - where communication to chambers by respondents' solicitor was argumentative and inappropriate - application refused
MCELWAINE J - 9 April 2024

Corporations Law
Walker (Administrator), in the matter of Goldin Australia Pty Ltd (Administrators Appointed) [2024] FCA 1518
CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - application pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth) to appoint administrators as receivers and managers of trust property - orders made
SHARIFF J - 20 December 2024

Corporations Law
Horsky v Mesoblast Limited [2024] FCA 1509
CORPORATIONS -- securities class action -- settlement of the consolidated proceeding -- approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) -- distribution orders under s 33V(2)
BEACH J - 13 DECEMBER 2024

Corporations Law
Eumundi Group Limited, in the matter of Eumundi Group Limited [2024] FCA 1510
CORPORATIONS - 'takeover' member scheme of arrangement - interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) - summary of applicable principles - concurrent off-market takeover offer and proposed scheme of arrangement - consideration of dual structure takeover and scheme transactions and fitness for consideration by members - consideration of common and uncontroversial features of proposed scheme
FEUTRILL J - 19 DECEMBER 2024

Costs ; Migration
DAQ22 v Minister for Immigration and Multicultural Affairs (Costs) [2024] FCA 1514
COSTS - application for indemnity costs - where applicant offered to resolve proceeding in his favour - where Minister subsequently agreed to consent orders allowing the application - whether Minister's initial failure to concede was unreasonable - whether special or unusual feature warranting indemnity costs - Held: costs payable as between party and party
HORAN J - 20 December 2024

Bankruptcy
Goodin, in the matter of Goodin [2024] FCA 1512
BANKRUPTCY AND INSOLVENCY - application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a trustee of the regulated debtors' estates and for the subsequent appointment of a replacement registered trustee in bankruptcy - application pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) to dispense with the requirements of rr 8.02(a) and 8.02(b) of the Federal Court (Bankruptcy) Rules 2016 (Cth) - application granted.
MCEVOY J - 20 December 2024

Administrative Law
Balbir Singh v Secretary, Department of Social Services [2024] FCA 1517
ADMINISTRATIVE LAW - application for judicial review under section 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - where application wholly devoid of merit - appeal dismissed with costs
O'CALLAGHAN J - 20 December 2024

Industrial Law
Jolly v Sharma [2024] FCA 1511
INDUSTRIAL LAW - Application for interim orders under s 164(4) of the Fair Work (Registered Organisations) Act 2009 - whether there is a prima facie case that resolutions made by the Australian Rail, Tram and Bus Industry Union are invalid - whether there is a serious question to be tried - whether the balance of convenience favours the grant of interim orders- application dismissed
NESKOVCIN J - 20 December 2024

Practice and Procedure ; Administrative Law
Praljak v Office of the Australian Information Commissioner [2024] FCA 1487
PRACTICE AND PROCEDURE-application to extend time for commencement of judicial review-no satisfactory explanation for delay-application without merit-application dismissed
MCELWAINE J - 20 December 2024

Tour v Australia and New Zealand Banking Group Ltd [2024] FCA 1513
CORPORATIONS - finance industry class action - claims concerning the retrospective charging of interest under credit card contracts - settlement of proceeding - approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - distribution orders under s 33V(2)
BEACH J - 19 DECEMBER 2024

Industrial Law
Weber v Thomas Foods International (Stawell) Pty Ltd (Interim Reinstatement) [2024] FCA 1506
INDUSTRIAL LAW -- jurisdiction of the Federal Court - where the applicant was dismissed from his employment as a truck driver by the first respondent (Thomas Foods) on the ground of alleged serious misconduct - where the applicant commenced a proceeding seeking relief including in relation to alleged contraventions of s 340 of the Fair Work Act 2009 (Cth) (FW Act) 79 days after his dismissal - where the applicant's originating application included an application for an interim injunction - where the respondents filed an interlocutory application seeking the dismissal of the proceeding on the basis that the Court lacked jurisdiction due to s 370 of the FW Act - whether s 370 of the FW Act precluded the applicant from bringing a general protections court application as defined in s 368(4) - whether the applicant was a "person entitled to apply under section 365" - whether s 370(b) of the FW Act is subject to an implied time limitation aligned with the time limit in s 366 for applying to the Fair Work Commission - held: no time limitation should be implied into s 370(b) - s 370 did not preclude the applicant from commencing this proceeding or the Court from making orders in relation to the applicant's dismissal - the respondents' interlocutory application dismissed. INDUSTRIAL LAW -- interim reinstatement - where the applicant sought interim reinstatement pursuant to s 545(2) of the FW Act - where Thomas Foods accepted that the applicant had a prima facie case that his dismissal was in contravention of s 340 of the FW Act - whether the balance of convenience favoured the reinstatement of the applicant to his employment on an interim basis - Thomas Foods identified delay and organisational changes as factors weighing against reinstatement - the applicant identified impacts on his income, work prospects, and mental health as factors weighing in favour of reinstatement - held: the balance of convenience favoured the interim reinstatement of the applicant on a prospective basis - interim reinstatement ordered.
WHEELAHAN J - 20 December 2024

Practice and Procedure ; Corporations Law
Australian Securities and Investments Commission v ALAMMC Developments Pty Ltd (No 2) [2024] FCA 1505
PRACTICE AND PROCEDURE -- where Receivers appointed to the property of the defendants by the Court whilst ASIC conducting an investigation -- whether the Receivers would be justified and acting reasonably in refusing to consent to pay and in not paying from the property of a defendant reasonable legal costs incurred by the defendant -- orders made that the Receivers would be justified in consenting to pay and in paying from a defendant's property, an amount for that particular defendant's legal costs, and if there is not sufficient property of that defendant, in paying such portion of the amount as the Receivers see fit
O'SULLIVAN J - 20 December 2024

Industrial Law
Australian Rail Track Corporation Limited v Australian Rail, Tram and Bus Industry Union [2024] FCAFC 170
INDUSTRIAL LAW - where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining representatives, whether Fair Work Commission has jurisdiction to make an industrial action workplace determination - meaning and operation of s 266(1)(c) of Fair Work Act 2009 (Cth)
COLLIER, KATZMANN AND SNADEN JJ - 20 December 2024

Contempt of Court
Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503
CONTEMPT OF COURT - consideration of sentence for convictions for criminal and civil contempt of court by breach of freezing orders - imposition of sentence
STEWART J - 20 December 2024

Migration
BJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1495
MIGRATION - Migration Act 1958 (Cth) s 501BA - where Minister for Immigration, Citizenship and Multicultural Affairs set aside decision of the Administrative Appeals Tribunal to revoke a visa cancellation - whether Minister's public statements gave rise to an apprehension of bias - whether Minister erred in approach to determining national interest - whether Minister's decision was legally unreasonable - whether subsequent circumstances of applicant's detention rendered the Minister's decision punitive - application dismissed
ANDERSON J - 20 December 2024

Bankruptcy ; Practice and Procedure
Hurst-Meyers v Hoy [2024] FCA 1499
BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit and Family Court of Australia - where the primary judge dismissed an application for review of a sequestration order made by a Registrar - where appeal by way of rehearing - where appellant did not identify appellable error - whether grounds of appeal competent - whether to extent grounds not competent, appellable error established - Held: appeal dismissed. PRACTICE AND PROCEDURE - application to dismiss further amended notice of appeal because not competent - where leave granted on two occasions to reformulate grounds of appeal - whether appeal grounds expose appellable error - Held: some grounds dismissed because not competent. PRACTICE AND PROCEDURE - application to dismiss appeal for want of prosecution and default of court orders - where appellant has repeatedly failed to comply with the timetable entered by the Court, including where extensions in favour of the appellant had been granted - where appellant appeared at the hearing
CHEESEMAN J - 20 December 2024

Migration
Puohotaua v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1491
MIGRATION - judicial review of decision of Administrative Appeals Tribunal not to revoke decision of Minister's delegate to cancel applicant's visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Tribunal questioned self-represented litigant about prior offending - where no dispute Tribunal failed to warn applicant of right to invoke privilege against self-incrimination - whether privilege in fact arose - whether in any event failure to warn was material to the Tribunal's decision
SARAH C DERRINGTON J - 20 December 2024

Representative Proceedings
Tham v Australian Capital Territory [2024] FCA 1508
REPRESENTATIVE PROCEEDING - settlement approval application under s 33V of the Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable in the interests of group members - whether orders under pt VAA of the Federal Court of Australia Act 1976 (Cth) are necessary in respect of certain evidence - settlement approved.
SNADEN J - 18 December 2024

Practice and Procedure ; Corporations Law
TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 2) [2024] FCA 1496
PRACTICE AND PROCEDURE - application for an interlocutory order preventing the respondent from disposing of any of the proceeds of sale of any disposition of real property, water licences or shares held by the respondent, and for ancillary orders - orders sought on the basis of contended diminution of the respondent's net asset position - contended diminution not established - potential frustration or inhibition of the Court's processes not established - usual undertaking as to damages not proffered - application dismissed
GOODMAN J - 20 December 2024

Practice and Procedure ; Corporations Law
The Official Trustee in Bankruptcy v Shaw (No 5) [2024] FCA 1490
PRACTICE AND PROCEDURE - discontinuation of proceeding - where leave to discontinue proceeding granted - whether interlocutory orders sought by the respondent survive discontinuance - whether interlocutory orders sought constitute valid cross-claim
SARAH C DERRINGTON J - 20 December 2024

Practice and Procedure ; Intellectual Property
Hix Investment Pty Ltd v Wong [2024] FCA 1461
PRACTICE AND PROCEDURE - application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products - where the applicant alleges the respondents copied the plans and 3D images in the portable homes products in infringement of the applicant's copyright - former employee's fiduciary and contractual obligations - misuse of confidential information - breaches of ss 182 and 183 of the Corporations Act 2001 (Cth) - whether applicant made out prima facie case - whether balance of convenience weighed in favour of injunction - application dismissed
MEAGHER J - 16 December 2024

Consumer Law ; Evidence
Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171
CONSUMER LAW - misleading and deceptive conduct - where representations made in promotional materials and delivery of wealth creation course - whether representations conveyed the meaning found by the primary judge - whether statements were of opinion or fact - whether second appellant liable as accessory - whether primary judge erred as to applicable test for accessorial liability - whether primary judge improperly conflated first and second appellants CONSUMER LAW - remedies - where non-party consumer redress order made refunding course fees - where appellants alleged refund order manifestly excessive - whether primary judge erred in assessing appropriateness of order made under s 239 of Australian Consumer Law -whether House v King error established EVIDENCE - where primary judge drew inference adverse to second appellant in relation to her involvement in the representations - where second appellant did not give evidence - whether primary judge failed to properly consider and apply Evidence Act 1995 (Cth) s 140(2) - whether adverse inference as to state of knowledge in a civil case can only be drawn where "only rational inference available" - whether primary judge erred in drawing Jones v Dunkel inference
SARAH C DERRINGTON, HALLEY AND SHARIFF JJ - 20 December 2024

Corporations Law
Hodgson (Liquidator), in the matter of Advanced Traffic Management (WA) Pty Ltd (in liq) [2024] FCA 1504
CORPORATIONS - liquidation - application for directions as to sale by liquidators of unclaimed property - orders made
BANKS-SMITH J - 19 December 2024

Corporations Law
Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (No 4) [2024] FCA 1481
CORPORATIONS - where defendants USG, EuropeFX and TradeFred offered risky financial products known as contracts for difference (CFDs) and margin foreign exchange contracts (Margin FX contracts) - where USG was licensed to provide general financial product advice under its Australian Financial Service License (AFSL) - where USG authorised EuropeFX and TradeFred to provide financial services on its behalf, including general financial product advice - consideration of Corporations Act s 911A - where ASIC alleged defendants breached their authorisations by providing personal financial product advice on over 2000 separate occasions - where USG and TradeFred filed submitting notices but allegations were contested by EuropeFX - where the voluminous evidence, written submissions and schedules would have required a judgment of War and Peace dimensions - where ASIC ultimately agreed to narrowed case and pressed for fewer findings in respect of contraventions - various personal advice contraventions established CORPORATIONS - where ASIC alleged EuropeFX made over 1,400 representations that were false, misleading or deceptive in breach of ASIC Act ss 12DA and 12DB - where alleged contraventions again set out in lengthy schedules - where ASIC agreed to narrow case and press for fewer findings - consideration of representations in respect of future matters - ASIC Act s 12BB(2) - whether reasonable grounds for statements - where some of the alleged misrepresentations were incoherent - where no reasonable grounds for some statements - various contraventions established - some contraventions not established CORPORATIONS - unconscionable conduct - where ASIC alleged that EuropeFX engaged in a system of conduct or pattern of behaviour that was unconscionable - ASIC Act s 12CB(4)(b) - where EuropeFX submitted that a finding of systemic unconscionability could not be made because ASIC's case relied primarily on the evidence of only 30 customers referred to as the EFX30 - where EuropeFX argued the EFX30 were an unrepresentative sample - Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155 considered - where ASIC's pleadings also relied on extensive documentary evidence - where pleadings not limited to the EFX30 - Unique distinguished - where evidence that EuropeFX had a system that targeted or was indiscriminate about onboarding people who were vulnerable because of their limited knowledge and experience in relation to the financial products offered - evidence that EuropeFX account managers routinely exercised undue influence and pressure on their customers - evidence that EuropeFX account managers regularly employed unfair trading strategies, gave personal advice where they were not authorised to do so and regularly made false, misleading and deceptive statements - evidence that EuropeFX profited from customers' losses - evidence that account managers were effectively incentivised to engage in misconduct as account managers were remunerated based on amount of money deposited by customers - conduct far outside acceptable norms in respect of provision of financial services - systemic unconscionability case established CORPORATIONS - unconscionable conduct - where ASIC also pressed for individual unconscionability findings in respect of eight EuropeFX customers known as the EFX8 - where EFX8 each gave evidence and were cross-examined at length - indicia of unconscionability - where the EFX8 were routinely given personal advice by their account managers when not authorised to do so - where EuropeFX representatives failed to provide any adequate explanations or disclosures about the risks involved in trading in CFDs and Margin FX contracts - where the EFX8 were vulnerable or at a disadvantage because they had low financial literacy - where EuropeFX representatives made misrepresentations to the EFX8 - where EuropeFX placed pressure on the EFX8 and induced the EFX8 to make large deposits into their trading accounts - where account managers fostered the EFX8's reliance on them by telling the EFX8 they would sustain losses or miss opportunities if they did not follow the account manager's suggestions or directions - where the complaints resolution process was unfair - contraventions established for each individual customer
WIGNEY J - 20 December 2024

Corporations Law
CW Group Holdings Limited, in the matter of CW Group Holdings Limited [2024] FCA 1471
CORPORATIONS - members' scheme of arrangement - first court hearing - application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff - whether statutory prerequisites satisfied - whether the Court's discretion should be exercised to convene the meeting - whether interests and benefits to directors in relation to the scheme meant there was a need for separate classes - appropriateness of directors making a recommendation to shareholders in relation to the proposed scheme - held: orders made to convene a meeting of members of the plaintiff
MOSHINSKY J - 13 December 2024

Administrative Law ; Native Title
Burarrwanga v Chief Executive Officer of the National Indigenous Australians Agency [2024] FCA 1476
ADMINISTRATIVE LAW - application for judicial review of two decisions under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - applicant requiring an extension of time to commence an application in relation to the first decision - proposed application lacking in utility and merit - whether the decision-maker erred in failing to take into account mandatory relevant considerations when making the second decision - application dismissed NATIVE TITLE - judicial review of a decision made under s 233FBA of the Native Title Act 1993 (Cth) not to provide funding to Aboriginal respondents to native title proceedings - whether a registered representative body is also respondent to the proceedings and seeking their dismissal - relevance of difference in the defences to be presented by the Aboriginal respondents and a registered body corporate - no reviewable error - application dismissed
CHARLESWORTH J - 19 DECEMBER 2024

Costs ; Corporations Law
Lucky v Ives (Winding Up Application) [2024] FCA 1501
COSTS - application for indemnity costs - where applicants sought orders that company be wound up on the just and equitable ground - where it is agreed between the parties that the originating process should be dismissed - where respondents opposition to the winding up was baseless - where first respondent resigned as a director on the afternoon before the hearing - where application for winding up rendered moot upon the making of certain representations by the first respondent's counsel - indemnity costs awarded
JACKMAN J - 18 December 2024

Practice and Procedure ; Migration
Mukhtar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1497
PRACTICE AND PROCEDURE - application for interlocutory injunction - where applicant has lived in Australia for over 20 years - where applicant's permanent visa cancelled by Minister - where applicant's removal imminent - where applicant claims Administrative Appeals Tribunal denied him procedural fairness - where applicant requires extension of time to bring proceeding - whether real issue to be tried - whether balance of convenience favours the grant of an injunction restraining the Minister from removing applicant from Australia
KENNETT J - 17 December 2024

Migration
CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1482
MIGRATION - judicial review of decision of Administrative Appeals Tribunal as to whether to revoke mandatory cancellation of visa - whether Tribunal mischaracterised or misconstrued its task by uncritically accepting the veracity of police reports - whether Tribunal denied procedural fairness by not notifying applicant how it would deal with the police reports - whether assessment of likelihood of further criminal or other serious conduct devoid of meaningful content - no jurisdictional error found - application dismissed
JACKSON J - 19 December 2024

Migration
Gamanga v Minister for Immigration and Multicultural Affairs [2024] FCA 1493
MIGRATION - where the applicant applies for judicial review of the respondent Minister's decision to cancel the applicant's visa under s 501BA of the Migration Act 1958 (Cth) (the Act) after a decision to revoke a cancellation of the visa by the then Administrative Appeals Tribunal - whether the Minister, after adopting similar considerations as in the relevant ministerial direction under s 499 of the Act, was bound to assess those considerations in the same way as a delegate or tribunal making a similar decision under either ss 501 or 501CA of the Act - whether the Minister, in making findings that the applicant had a low, but not negligible, risk of reoffending but also remained a significant risk to the Australia community, had acted unreasonably by making inconsistent findings - application dismissed
LOGAN J - 6 December 2024

Bankruptcy
Spring, in the matter of Goal Group Australia Pty Ltd (Administrators Appointed) (No 2) [2024] FCA 1494
BANKRUPTCY AND INSOLVENCY - where company identified and managed potential recoveries for clients in securities class actions - whether liquidators justified in causing payment of amounts received on behalf of clients - whether liquidators justified in treating commission as beneficially owned by company
JACKMAN J - 18 December 2024

Industrial Law
Sydney Trains v Australian Rail, Tram and Bus Industry Union (Separate Question) [2024] FCA 1479
INDUSTRIAL LAW -- protected industrial action - employee claim action - separate trial of a claim made by the applicants (the Rail Agencies) for a declaration that particular industrial action to be engaged in by their employees was not protected industrial action within the meaning of ss 408 and 415 of the Fair Work Act 2009 (Cth) (FW Act) - where the Rail Agencies and the respondents (the Unions) had been bargaining for a new enterprise agreement to replace an existing agreement since June 2024 - where the Rail Agencies and the Unions were not agreed as to whether the Rail Agencies were related employers within the meaning of s 172(5A), and so whether the proposed enterprise agreement should be a single-enterprise agreement or a multi-enterprise agreement - where notices of employee representational rights issued by the Rail Agencies described the proposed enterprise agreement as a proposed single-enterprise agreement - where the Unions had applied for, and obtained, protected action ballot orders - where protected action ballots had subsequently been conducted, and notice given to the Rail Agencies of various forms of proposed industrial action in support of claims made in relation to the proposed enterprise agreement - where the Fair Work Commission subsequently, on 6 December 2024, issued a single interest employer authorisation, which by force of s 172(5) required the Rail Agencies not to bargain for any enterprise agreement other than a single interest employer agreement, a type of multi-enterprise agreement - where the Rail Agencies submitted that the making of the single interest employer authorisation had the result that the proposed industrial action was no longer protected because it was not "authorised by a protected action ballot" within the meaning of s 409(2) of the FW Act - held: the statutory expression "proposed enterprise agreement" is a generic expression, which is not pitched at a level of specificity that includes a fixed or immutable type of enterprise agreement - the making of the single interest employer authorisation did not affect the character of the "proposed enterprise agreement" - declaration refused.
WHEELAHAN J - 19 December 2024

Taxation
Grant v Commissioner of Taxation [2024] FCAFC 173
TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal made findings absent regard to evidence and submissions - Tribunal failed to give proper reasons - Tribunal erred in construction of s 177C(1)(a) of the Income Tax Assessment Act 1936 (Cth) - whether Tribunal erred in finding it had no jurisdiction or power to review a refusal of the respondent to defer time at which tax liabilities became due and payable under s 255-10 of the Taxation Administration Act 1953 (Cth) - appeal allowed
O'CALLAGHAN, MCEVOY AND NEEDHAM JJ - 19 December 2024

Taxation
Collie v Commissioner of Taxation [2024] FCAFC 172
TAXATION - appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) - review of objection decision - Tribunal failed to give proper regard to submissions and evidence under s 43(2B) of AAT Act - Tribunal failed to give proper reasons - Tribunal erred in construction of s 177C(1)(a) of the Income Tax Assessment Act 1936 (Cth) - Tribunal erred in law - appeal allowed
O'CALLAGHAN, MCEVOY and NEEDHAM JJ - 19 December 2024

Industrial Law
Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union [2024] FCA 1485
INDUSTRIAL LAW - application by Electoral Commissioner under Pt 3 of Ch 7 of the Fair Work (Registered Organisations) Act 2009 (Cth) for inquiry into election for office in branch of registered organisation - alleged irregularity in relation to election - where defective nomination for election - where alleged failure to give candidate the opportunity of remedying the defect in her nomination - whether there are reasonable grounds for the application - inquiry ordered
HORAN J - 1 November 2024

Consumer Law
Australian Energy Regulator v AGL Retail Energy Limited (Relief Hearing) [2024] FCA 1500
CONSUMER LAW - established contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law - respondents contravened law over 16,000 times during four year period - respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers, final bill had been issued and no money was payable to respondents - similar conduct had occurred in the past - no apology offered to customers - money repaid to customers without interest - dispute as to form of declaratory relief - dispute as to quantum of penalty to be imposed
DOWNES J - 19 December 2024

Tort ; Consumer Law ; Equity
The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455
TORT - trespass - injurious falsehood - applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses - where applicant operates a commercial abattoir - where respondent is an animal rights organisation - where relevant video images portray scenes from within abattoir - where respondent made initial publication of relevant video images - where interim injunction granted to prevent publication - where trespasses are admitted - whether initial publication amounted to injurious falsehood - whether initial publication conveyed false representations as to applicant's business - whether initial publication actuated by malice - whether applicant suffered special damage by alleged injurious falsehood - whether applicant entitled to permanent injunctive relief - whether damages an adequate remedy - whether applicant entitled to award of general damages - whether applicant entitled to award of exemplary damages - application allowed in part. CONSUMER LAW - whether initial publication was misleading or deceptive, or likely to mislead or deceive - whether relief under Australian Consumer Law available to applicant - application refused. EQUITY - whether respondent's ownership under Copyright Act 1968 (Cth) of copyright in imagery obtained during trespass is held on trust for applicant - whether existence of trust should be recognised - whether assignment of legal interests should be required - application refused.
SNADEN J - 19 December 2024

Corporations Law
Deputy Commissioner of Taxation v ACN 152 259 839 Pty Ltd [2024] FCA 1489
CORPORATIONS - insolvency - statutory demand - application for review of decision of a Registrar - where the Registrar made a winding up order in respect of the defendant - service - where statutory demand served by leaving it at the registered office of the defendant - where the glass front door of the registered office was locked and the office was unattended - where an envelope containing the statutory demand was slid under the front door and into the premises - where the defendant accepted that the statutory demand had been validly served pursuant to s 109X(1)(a) of the Corporations Act 2001 (Cth) - where the defendant contended that there had been a want of fair notice on the basis that the plaintiff knew that the defendant was unlikely to receive the statutory demand - held: application for review dismissed
MOSHINSKY J - 18 December 2024

Practice and Procedure ; Taxation
Deputy Commissioner of Taxation v Peever [2024] FCA 1470
PRACTICE AND PROCEDURE - urgent ex parte application for freezing orders under rr 7.32 and 7.35 of the Federal Court Rules 2011 (Cth) - good arguable case for final relief - danger of disposal or dissipation of assets - application granted
RANGIAH J - 6 DECEMBER 2024

Bankruptcy
Psomas (Trustee), in the matter of Moran (Bankrupt) (No 2) [2024] FCA 1477
BANKRUPTCY AND INSOLVENCY - application for order that trustee be disentitled to indemnity out of bankrupt estate for costs payable to bankrupt - whether trustee acted unreasonably in maintaining argument that summons to bankrupt should be amended rather than discharged - application dismissed
MCDONALD J - 18 December 2024

Costs ; Corporation Law
Frigger v Trenfield (No 9) [2024] FCA 1486
COSTS - where an originating application for setting aside of sequestration orders and the annulment of bankruptcies on the basis of fraud entirely unsuccessful - where the respondents applied for costs and the respondent petitioning creditor sought costs from the bankrupt estates in the same priority as the trustee's costs under s 109(1)(a) of the Bankruptcy Act 1966 (Cth) - costs application allowed
LOGAN J - 13 December 2024

Patents
Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488
PATENTS - application for an interlocutory injunction by patent holder - where generic recently launched - where patent holder is claiming for infringement - where patent alleged to be invalid - whether balance of convenience favours the grant of an injunction - where there has been substantial delay on the part of the patent holder - where detriment to the patent holder if the injunction is not granted is much more readily quantifiable in damages than the detriment to the generic - application dismissed
JACKMAN J - 17 December 2024

Corporations Law
Liebherr-Australia Pty Ltd v LEQ2 Pty Ltd, in the matter of LEQ2 Pty Ltd [2024] FCA 1484
CORPORATIONS - application under s 588FM of the Corporations Act 2001 (Cth) to fix later time for registration of certain security interests - application for relief under s 293 of the Personal Property Securities Act 2009 (Cth) - orders made
SHARIFF J - 18 December 2024

Migration
PLQF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1483
MIGRATION - where the Minister decided under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis that cancelling the Applicant's visa was in the national interest - whether compliance with the procedures attending Regulation 2.20A of the Migration Regulations 1994 (Cth) was a legal consequence of the Minister's decision - whether the Minister's failure to account for the evidence before him regarding the question of the Applicant's statelessness was in error - whether the Minister failed to consider that the Applicant's detention pending the resolution of any protection visa application or further removal proceedings was a legal consequence - whether the Minister's decision only to consider the impact of the Applicant's removal and not his detention on the best interests of the Applicants' minor children was in error - whether that error was material
PERRAM J - 18 DECEMBER 2024

Corporations Law
Pacific Current Group Limited v Fitzpatrick [2024] FCA 1480
CORPORATIONS - merger of assets between Australian company and US company - Australian and US funds management boutiques - creation of unit trust - whether proper due diligence carried out by directors of Australian company - whether proper asset valuations undertaken - necessity for shareholders' approval - whether disposal of main undertaking - listing rule 11.2 of ASX listing rules - whether merger transaction in breach of the Australian company's constitution - whether transaction ultra-vires - nature of interest in the WHV dividend and appreciation rights agreement - whether proper due diligence carried out concerning the WHV agreement - duties of chief executive officer - duties of chairman of the board - duties of non-executive directors - whether breaches of s 180(1) of the Corporations Act 2001 (Cth) - business judgment rule - questions of causation
BEACH J - 18 December 2024

Insurance ; Corporations Law
J&J Richards Super Pty Ltd ATF The J&J Richards Superannuation Fund v Nielsen [2024] FCA 1472
INSURANCE - third party claims by investors pursuant to the Civil Liability (Third Party Claims against Insurers) Act 2017 (NSW) against insurer that provided directors and officers liability insurance to a now insolvent company - proceeding brought by applicant on its own behalf and on behalf of group members - where partial settlement of proceeding approved and applicant granted leave to discontinue proceeding against corporate defendants, but individual directors to remain as respondents in proceeding - where directors excused from participating in proceeding and each filed submitting appearances - where principal claim remaining to be determined is applicant's third party claim against insurer for indemnity under policy CORPORATIONS - where necessary to address claims advanced against companies and directors to establish foundation for third party claims brought against insurer - where companies operated registered and unregistered managed investment schemes - where companies made improvident and inadequately secured loans to related entities, directors and financial advisors - where applicant and group members purchased units in schemes - where investments in schemes promoted in information memorandum and product disclosure statements - whether directors involved in contravention of s 601FC by companies and contravened s 601FD(1)(b) and s 601FD(1)(c) of the Corporations Act 2001 (Cth) (Corporations Act) by not acting with care and diligence and failing to act in best interests of members of schemes - whether information memorandum and product disclosure statements contained misleading and deceptive representations - whether applicant relied on misleading and deceptive representations - whether product disclosure statements were defective within the meaning of s 1022A of the Corporations Act - whether directors were involved in contraventions - contraventions established - where directors involved in contraventions - whether applicant and group members entitled to damages against directors -where applicant and group members entitled to damages against directors in an aggregate amount for s 601FC(5), 601FD(1)(b) and s 601FD(1)(c) contraventions - predicate liability established - common questions answered INSURANCE - defences - non-disclosure - whether insurer entitled to reduce liability for claims under policy to nil - where satisfied relevant matters not disclosed - where satisfied that director who completed proposal form knew of relevance of matters not disclosed and such knowledge attributed to the company - where both limbs of s 21(1) of the Insurance Contracts Act 1984 (Cth) (Insurance Contracts Act) engaged - where satisfied insurer would not have accepted risk if it were made aware of matters not disclosed - whether insurer waived duty of disclosure pursuant to s 21(2)(d) or s 21(3) of the Insurance Contracts Act - where question in proposal form as to whether applicant was aware of facts or circumstances which might afford valid grounds for any future investigations, inquiries, regulatory proceedings or other claims which may be covered by the policy was answered in the affirmative - where insurer did not seek particulars of affirmative answer - whether there was a fair presentation of risk to the insurer or answers were obviously incomplete or irrelevant within the meaning of s 21(3) of the Insurance Contracts Act - where satisfied duty of disclosure waived by the insurer
HALLEY J - 18 December 2024

Migration
Chikweu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1478
MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision to refuse appellant's application for student visa - Tribunal made an error of law by failing to consider evidence of financial capacity that was a required criterion for grant of the visa - visa applicant was not enrolled in a course of study and not able to satisfy a separate required criterion for grant of the visa - materiality of error - independent or factually related criteria - possibility of adjournment to allow visa applicant an opportunity to satisfy enrolment criterion - whether realistic possibility that outcome could have been different - whether affirmatively concluded that outcome would have been the same
FEUTRILL J - 18 December 2024

Practice and Procedure ; Administrative Law ; Social Security Law
Ma v Secretary, Department of Social Services [2024] FCA 1467
PRACTICE AND PROCEDURE - appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether notice of appeal raises questions of law - where some questions sought impermissible merits review ADMINISTRATIVE LAW - whether no evidence for concluding that the applicant failed to satisfy the activity test - whether applicant denied procedural fairness because Tribunal declined to issue summons SOCIAL SECURITY LAW - whether Tribunal erred in refusing waiver of debt - whether Tribunal erred in applying s 1237AAD of the Social Security Act 1991 (Cth) - concession that second debt should be recalculated
PERRY J - 18 December 2024

Corporations Law
Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 4) [2024] FCA 1469
CORPORATIONS - application by Court appointed receivers for approval of remuneration for past work - amount sought is reasonable - application granted CORPORATIONS - application by receivers for indemnity from Australian Securities and Investments Commission (ASIC) - where receivers already ordered to be indemnified out of assets over which they are appointed - no principled reason to require ASIC to indemnify receivers - application refused
DERRINGTON J - 18 December 2024

Costs ; Corporations Law
Fitzpatrick v Isaacs (No 2) [2024] FCA 1454
COSTS - costs following review of Registrar's decision - where Registrar ordered security for costs against two plaintiffs - where security only ordered against one plaintiff on review - whether costs should be in the cause
DERRINGTON J - 18 December 2024

Industrial Law
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 2) [2024] FCA 1457
INDUSTRIAL LAW - appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) imposing penalties for contraventions of the Fair Work Act 2009 (Cth) - whether appeal incompetent by reason of an agreement reached between the parties before the primary judge concerning submissions to be made, or by reason of an estoppel - held appeal competent INDUSTRIAL LAW - civil penalties - multiple contraventions of a civil penalty provision - whether penalties imposed were manifestly inadequate - orders of the primary judge set aside
GOODMAN J - 18 December 2024

Practice and Procedure ; Industrial Law
Cavar v MSS Security Pty Ltd [2024] FCA 1460
PRACTICE AND PROCEDURE - strike out and summary judgment application - litigant in person - need to strike a balance between the challenges faced by a litigant in person and a respondent faced with a statement of claim that does not disclose in a comprehensible way the case (or cases) to be met - save for one cause of action, the statement of claim be struck out, with leave to file a further statement of claim if certified by a lawyer
GOODMAN J - 18 December 2024

Copyright
Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT - artistic works - designs on packaging of children's food products - where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants' works - whether the applicants owned the copyright in the relevant works - whether the respondent's designs reproduced a substantial part of the applicants' works - whether the respondent is liable for additional damages - whether the respondent's cross claim (relating to unjustifiable threats) is made out
MOSHINSKY J - 17 DECEMBER 2024

Migration
EUD24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1474
MIGRATION - where the applicant applies for judicial review of the respondent Minister's decision to cancel the applicant's visa under s 501BA of the Migration Act 1958 (Cth) after a decision to revoke a cancellation of the visa by the then Administrative Appeals Tribunal - whether the reasons for the Minister's decision contained errors in such number and quality that the decision was legally unreasonable - application dismissed
LOGAN J - 5 DECEMBER 2024

Corporations Law
Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq) [2024] FCA 1468
CORPORATIONS - application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) - where proceeding alleges contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) - where relief sought includes declarations and pecuniary penalties - where proceedings promote public interest in compliance with the NDIS Act and the protection of people with disability receiving supports by other registered NDIS providers - where Commissioner provided undertaking not to enforce any order for costs or penalty imposed against the company in the proceeding unless a surplus of assets in excess of creditor liabilities is declared - leave granted to proceed against company
HORAN J - 18 October 2024

Practice and Procedure ; Judgments and Orders
Carter v Chubb Insurance Australia Ltd (No 2) [2024] FCA 1464
PRACTICE AND PROCEDURE - judgments and orders - application for pre-judgment interest - whether unexplained delay constitutes "good cause" in exercising discretion not to order interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) prior to filing of cross claim - "good cause" shown
HALLEY J - 17 December 2024

Practice band Procedure ; Industrial Law
Farrell v Super Retail Group Limited (Adjournment Application) [2024] FCA 1473
PRACTICE AND PROCEDURE - application to adjourn the hearing - where senior counsel seeks to withdraw from hearing of applicant's specific performance claim - appropriate exercise of the discretion - application refused
LEE J - 12 December 2024

Administrative Law
Wood v Buckingham [2024] FCA 1447
ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing - whether the original application and accompanying documents are frivolous, vexatious and an abuse of process - application dismissed
RANGIAH J - 17 DECEMBER 2024

Corporations Law
Micheletto (liquidator), in the matter of Rogers Property Holdings Pty Ltd (in liq) [2024] FCA 1463
CORPORATIONS - company in liquidation was trustee of a trust prior to liquidation - company now bare trustee of property of the trust - application by liquidator to be appointed as receiver of trust property - judicial advice sought that liquidators are justified in treating the property in the name of the company as property of the trust - application granted.
MCEVOY J - 17 DECEMBER 2024

Administrative Law
Kelly v National Disability Insurance Agency [2024] FCA 1462
ADMINISTRATIVE LAW - whether r 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 is valid - meaning of "permanent" in s 24(1)(b) of the National Disability Insurance Scheme Act 2013 (Cth) - whether Tribunal erred in misconstruing or misapplying the word "likely" in s 24(1)(b) of the Act and r 5.4 of the Rules - meaning of "known, available and appropriate" in the Rules - whether Tribunal erred in concluding that it was not satisfied that there was "a probability that surgery would be "available" - whether Tribunal acted unreasonably - appeal dismissed - Tribunal decision affirmed.
MCEVOY J - 17 December 2024

Migration
Pillay v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1465
MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where Tribunal affirmed the decision of a delegate of the Minister to not revoke the mandatory cancellation of the applicant's visa - Whether the Tribunal acted on a misunderstanding of the law by concluding that it was not able to take into account the interests of applicant's brother because he is not in Australia - Whether the Tribunal engaged in a constructive failure to exercise jurisdiction by failing to take into account the impact on an Australian business interest - Whether the Tribunal acted on a constructive failure to exercise jurisdiction by failing to enquire into relevant matters - Whether the Tribunal took into account an irrelevant consideration by taking into account a warning provided by the Minister's Department - Where the Tribunal was not making a general statement that it cannot take into account the applicant's brother's interests - Where no claim clearly emerged with respect t
MEAGHER J - 17 DECEMBER 2024

Practice and Procedure ; Industrial Law
Sydney Trains v Australian Rail, Tram and Bus Industry Union (Leave to Intervene) [2024] FCA 1466
PRACTICE AND PROCEDURE -- application pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) for leave to intervene in a proceeding - where the Assistant Secretary of the Australian Council of Trade Unions sought leave to intervene to make submissions concerning the construction of the Fair Work Act 2009 (Cth) - where the proposed intervener's interest in the outcome of the proceeding was indirect - where the Court was not satisfied that the submissions of the proposed intervener would be useful and different from those to be advanced by the parties - Roadshow Films Pty Ltd v iiNet Ltd [2011] HCA 54; 248 CLR 37, applied - interlocutory application dismissed.
WHEELAHAN J - 16 DECEMBER 2024

Evidence
Boral Limited v Parkin [2024] FCAFC 169
EVIDENCE - appeal from evidentiary rulings - operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') - where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors - where primary judge allowed adduction of evidence concerning those privileged communications in future cross-examination of witness - where primary judge held that such evidence 'reasonably necessary' to understand the eight words in Exhibit A1 under s 126 of the Act - where Exhibit A1 adduced before primary judge without privilege objection - whether ss 118, 122 and 126 applicable
PERRAM, COLVIN AND ABRAHAM JJ - 17 December 2024

Costs ; Migration
Kapeli v Secretary, Department of Home Affairs (No 2) [2024] FCA 1450
COSTS - unsuccessful application for a writ of habeas corpus - whether there should be no order as to costs in recognition of special circumstances of a habeas application - where the proceeding was conducted in a way which unnecessarily and inappropriately caused the respondents to incur costs - applicant to pay the respondents' costs
O'BRYAN J - 17 DECEMBER 2024

Migration
Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1456
MIGRATION - exercise of discretion under s 501BA of the Migration Act 1958 (Cth) to override decision of Administrative Appeals Tribunal - whether Minister misconstrued the "national interest" - whether decision was legally unreasonable - whether applicant should have been afforded an opportunity to be heard
HESPE J - 17 December 2024

Costs ; Corporations Law
Edwards v Retail Employees Superannuation Pty Ltd a trustee of the Retail Employees Superannuation Trust (No 2) [2024] FCA 1446
COSTS - whether third and fourth respondents were necessary parties to the proceedings - whether third and fourth respondents were in a position analogous to interveners so that costs should not ordinarily follow the event - whether the applicant should pay costs on an indemnity basis
CHARLESWORTH J - 16 DECEMBER 2024

Native Title
Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 4) [2024] FCA 1458
NATIVE TITLE - parties - application for removal of 55 Indigenous respondents - respondents removed NATIVE TITLE - claim to hold native title rights and interests - whether asserted native title interest affected by determination - whether interest sufficient to constitute a party - whether interest genuine, demonstrable and direct NATIVE TITLE - power of the Court to remove parties to a proceeding - s 84(8) of the Native Title Act 1993 (Cth) - r 5.23 of the Federal Court Rules 2011 (Cth) - whether the Court is restricted to use of its case management powers NATIVE TITLE - non-participating Indigenous respondents - failure to comply with show cause process - whether non-compliant Indigenous respondents provided sufficient notice of the show cause process - whether natural justice has been afforded
BURLEY J - 16 December 2024

Corporations Law
Osborne v Wilcre Investments, in the matter of New Emerald Energy Pty Ltd (in liq) [2024] FCA 1453
CORPORATIONS - application under s 447A of the Corporations Act 2001 (Cth) for orders that Part 5.3A of the Act operate in relation to a company in administration as if the deed of company arrangement (DOCA) had not terminated and as if the DOCA had been varied in accordance with a proposed amended DOCA - orders made substantially in the form sought by the plaintiffs
GOODMAN J - 16 December 2024

Taxation
Commissioner of Taxation v Bakarich (No 2) [2024] FCA 1448
TAXATION - where first and fourth respondents admit contraventions of s 290-50(1) of Sch 1 of the Taxation Administration Act 1953 (Cth) - whether agreed civil penalties for first and fourth respondents appropriate having regard to all relevant matters pursuant to s 290-50(5) - where second and third respondents are defunct corporate entities that have not taken an active role in the proceeding - whether second and third respondents contravened s 290-50(1) - whether proposed penalty for second and third respondents appropriate - whether declarations of contraventions should be made in respect of each respondent
KENNETT J - 16 December 2024

Industrial Law
Hitachi Construction Machinery (Australia) Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2024] FCAFC 166
INDUSTRIAL LAW - whether the employees were an "eligible employee" within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) - whether Court in assessing "eligible employee" should confine its inquiries to the totality of the contractual rights of the employees - whether the duties of the employees were "directly connected with the day to day operation of a black coal mine" - whether any recovery of outstanding levies are subject to the prescribed limitation period under s 14(1)(d) of the Limitation Act 1969 (NSW) - operation of ss 64 and 79 of the Judiciary Act (Cth) - appeal dismissed
RANGIAH, CHARLESWORTH AND DOWLING JJ - 16 December 2024

Corporations Law
Badenoch Integrated Logging Pty Ltd v Bryant [2024] FCAFC 167
CORPORATIONS - whether an extension order made under s 459R needs to specify a definite period within which an application to wind up in insolvency must be determined - whether the primary judge erred in refusing to amend the extension order to specify a date by using the slip rule - whether the effect of s 459R(3) was to dismiss the Liquidators' alternative application to wind up on other grounds pursuant to s 461(1)(c) - whether it is inappropriate for the Liquidators, as creditors, to apply to wind up a company under s 461(1)(c) - whether the winding up proceeding was an abuse of process - whether the winding up proceeding should have been dismissed for want of prosecution
O'CALLAGHAN, MCEVOY and NESKOVCIN JJ - 16 December 2024

Corporations Law
Australian Securities and Investments Commission v Marco (No 17) [2024] FCA 1449
CORPORATIONS - application by Court appointed Receivers for fixing remuneration and interim payment of remuneration pending determination by a Registrar - fixing of an appropriate percentage for interim payment - whether interim payment is subject to appropriate safeguards
FEUTRILL J - 13 December 2024

Practice and Procedure ; Industrial Law
Farrell v Super Retail Group Limited (Closed Court Application) [2024] FCA 1451
PRACTICE AND PROCEDURE - application to close the Court - open justice - where evidence adduced in cross-examination may disclose information the subject of extant suppression order - extraordinary circumstances - order made to close the Court for as short as period as necessary to ensure justice is done in the proceeding
LEE J - 11 December 2024

Costs ; Bankruptcy
Bertram v Naudi (Costs) [2024] FCA 1444
COSTS - application for costs of claim and cross-claim on an indemnity basis - relevant principles - where the applicant commenced proceedings in the Court when a no-cost recovery alternative was available by internal review by Inspector-General - where applicant failed to file a genuine steps statement - where allegations that applicant prosecuted proceedings on no reasonable basis - where applicant refused to accept offers of compromise - exercise of discretion - where the judgment was more favourable than the formal offer of compromise - cross-claimant/respondent awarded party/party and indemnity costs pursuant to FCR 25.14(3)(a) and (b)
O'SULLIVAN J - 13 December 2024

Bankruptcy
Frigger v Trenfield (No 8) [2024] FCA 1438
BANKRUPTCY AND INSOLVENCY - where the applicants apply to set aside sequestration orders made against them in 2018 on the basis of fraud and, in the alternative, that their bankruptcies be annulled - where the applicants' allegations of fraud are baseless - where exercise of discretion to sequestrate entailed no error of principle - where the applicants have not cooperated with the trustee of their bankrupt estates - where applicants failed to prove any likelihood of surplus of property divisible amount creditors after payment of creditors and making of expenses of trustee - application dismissed
LOGAN J - 13 DECEMBER 2024

Corporations Law ; Equity
Pleash v Bezel Pty Ltd [2024] FCA 1440
CORPORATIONS - application by company and its liquidator to recover loans made to related companies - where sole director of the related companies purportedly executed deeds of forgiveness in relation to the loans - whether loans to be construed so as to reconcile inconsistencies on the face of the deeds or otherwise rectified - whether the loans were forgiven as a result of the forgiveness deeds - whether company has standing to recover any debt owed as a result of a deed of variation replacing the trustee - Held: relief granted EQUITY - whether estopped from recovering the loans on the basis of reliance on the alleged forgiveness deeds and/or waiver - whether the loans were made by the company in its capacity as a corporate trustee or in its own right - whether the debt choses are trust property
CHEESEMAN J - 13 December 2024

Practice and Procedure ; Taxation
Deputy Commission of Taxation v Elzain [2024] FCA 342
PRACTICE AND PROCEDURE - Application by respondents for suppression and non-publication orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - where freezing orders made against the respondents on an ex parte basis - where respondents contend disclosure of a large volume of information does not advance open justice principle: various contentions that information may be misused, information is commercially confidential, disclosure would undermine public confidence in the administration of justice and respondents have not had opportunity to rebut allegations of serious misconduct - where orders sought are overly broad - application fails at the level of principle
MCELWAINE J - 15 March 2024