Browse Federal Court Judgments

Corporations Law ; Industrial Law
Atkins v North Australian Aboriginal Justice Agency Ltd [2024] FCA 686
CORPORATIONS - employee alleging her employer (a company) purported to dismiss her from her employment - employee alleging the purported dismissal was not legally effective - whether a resolution of the Board of a company for the termination of the company's Chief Executive Officer was made in compliance with the company's Constitution - consequences of non-compliance - whether s 1322(2) of the Corporation Act 2001 (Cth) operated to cure a procedural irregularity - whether substantial injustice would result if the procedural irregularity were so cured INDUSTRIAL LAW - alleged contraventions of s 340 of the Fair Work Act 2009 (Cth) - employee alleging her employer took five adverse actions because she exercised or threatened to exercise workplace rights - employer having the onus to prove that the adverse actions were not taken because the employee had exercised or proposed to exercise workplace rights - where members of a Board of directors gave evidence - whether the evidence was sufficient to prove that persons other than the witnesses materially participated or brought about the decisions - where some witness testimony about the reasons for the taking adverse actions could not be accepted in light of objective facts - relevance of temporal coincidence between employee's exercise of workplace rights and employer's adverse actions - whether the employer's evidence established that some directors of a Board had not acted on a report the existence of which may have resulted from the acts or omissions of a person actuated by a prohibited reason - where presumption in s 361 of the Fair Work Act applied by reason of deficiencies in the case presented by the employer
CHARLESWORTH J - 27 JUNE 2024

Consumer Law
Australian Securities and Investments Commission v Ferratum Australia Pty Ltd (in liq) (No 2) [2024] FCA 701
CONSUMER LAW - payday loan business - charging of prohibited fees - inclusion of prohibited terms in small amount credit contracts - failure to engage in credit activities efficiently, honestly and fairly - contraventions of s 47(1)(a) of the National Consumer Credit Protection Act 2009 (Cth) - contraventions of s 24(1A) of the National Credit Code - assessment of appropriate pecuniary penalty
KENNETT J - 28 June 2024

Industrial Law
Avard v Australian Capital Territory [2024] FCA 690
INDUSTRIAL LAW - where applicant specialist in intensive care medicine - where applicant submitted reports of risks and injury using internal reporting system - where applicant directed to attend independent medical examination - where employer proposed that applicant would be suspended from duty with pay - where employee investigated for alleged clinical misconduct, improper workplace conduct and improper use of reporting system - where internal email regarding applicant's absence sent to staff - where employee transferred to alternative medical position pending outcome of investigation - whether investigations, transfer, internal email and proposed suspensions were adverse action within the meaning of the Fair Work Act 2009 (Cth) (FW Act) - whether actions were taken because of the exercise of a workplace right INDUSTRIAL LAW - proper approach where multiple people said to be involved in decision to take adverse action INDUSTRIAL LAW - whether action permitted by an enterprise agreement "authorised by or under" a "law of the Commonwealth" for the purposes of s 342(3)(a) of the FW Act INDUSTRIAL LAW - interpretation of enterprise agreement - where employer purported to follow preliminary assessment process to determine whether to commence formal investigation - where enterprise agreement provided that principles of procedural fairness applied - whether employer required to hear applicant on whether formal investigation should be commenced - whether failure to so hear applicant contravened s 50 of the FW Act
KENNETT J - 28 June 2024

Practice and Procedure ; Administrative Law
EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88
PRACTICE AND PROCEDURE - where unsuccessful applicant ordered to pay the respondent's costs of the application - where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs - previous costs order set aside and replaced with order that there be no order as to costs
PERRY, SARAH C DERRINGTON AND HORAN JJ - 28 June 2024

Administrative Law ; Statutory Interpretation
EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
ADMINISTRATIVE LAW - freedom of information - appeal from Administrative Appeals Tribunal - where Australian Information Commissioner decided not to review decision of Department but referred review directly to Tribunal by s 57A(1)(b) of the Freedom of Information Act 1982 (Cth) (FOI Act) - whether Tribunal correct to hold it did not have power under s 66(1) of the FOI Act to make a recommendation to the responsible Minister to pay the costs of applicant before Tribunal STATUTORY INTERPRETATION - s 66(1) of the FOI Act - where Information Commissioner decided under s 54W(b) of the FOI Act not to undertake an IC review - where Tribunal held it did not have power under s 66(1) of the FOI Act to make a recommendation to responsible Minister to pay costs of appellant before Tribunal - whether properly construed "a review of a decision of the Information Commissioner on an IC review" includes a decision of the Information Commissioner under s 54W(b) of the FOI Act not to undertake an IC review - whether context and purpose compel insertion of words in s 66(1) of the FOI Act to include a decision not to undertake an IC review to fill apparent legislative gap
PERRY, SARAH C DERRINGTON, HORAN JJ - 28 June 2024

Corporation Law ; Limitations of Actions
Stone (liquidator), in the matter of Ironbark Blacksmithing Pty Ltd (in liq) v Mizzi [2024] FCA 696
CORPORATIONS - application by liquidator of company for recovery of shareholder loans from company to the defendants, and damages for breaches of directors' duties and insolvent trading - where defendants were the sole directors and shareholders of the Company - whether company made loans to the defendants by way of loan agreement pursuant to Div 7A of the Income Tax Assessment Act 1936 (Cth) or general loan principles - where defendants deny loans were made - where defendants contend they made loans to the company - where financial records of the company were incomplete - where defendants claim in the alternative that they are entitled to set-off - where satisfied that amounts were advanced to defendants by way of shareholder loans - defendants not entitled to set-off - no mutuality where debts were owed to partnership - where defendants had notice of facts which would indicate to reasonable person in their position that company was insolvent CORPORATIONS - breach of directors' duties - claim that defendants advanced payments to themselves whilst company insolvent in breach of statutory directors' duties - claim that defendants breached duty of care and diligence, duty to act in good faith in the best interests of corporation and for a proper purpose, and duty not to misuse position under s 180(1), s 181(1) and s 182(1) of the Corporations Act 2001 (Cth) (Act) - where satisfied that advances were made to the defendants by way of further shareholder loans - contraventions established - compensation ordered CORPORATIONS - insolvent trading - presumed insolvency - failure to keep books and records - actual insolvency - where company held insufficient funds to meet tax liabilities - effect of payment plans on the solvency of the company - where satisfied that company was insolvent during claimed period - whether there were reasonable grounds for suspecting insolvency - defendants were not aware that the company was insolvent - where satisfied that reasonable person in position of defendants would be aware of grounds for suspecting insolvency - whether debts were incurred by the company whilst insolvent - debts incurred in breach of s 588G of the Act - where defendants claim relief from liability pursuant to s 1317S or 1318 of the Act - whether defendants established honest conduct - defendants demonstrated reckless indifference to director responsibilities - no entitlement to relief claimed LIMITATION OF ACTIONS - limitation defence - whether claim for repayment of shareholder loans statute barred pursuant to s 14 of Limitation Act 1969 (NSW) and s 1317K of the Act - date on which cause of action accrues - distinction between loan with specified repayments, loan repayable on demand and loan only repayable on condition that a demand be first made - where liquidator made demand for repayment of loans within 6 years of commencement of proceedings - claims not statute barred LIMITATION OF ACTIONS - whether claims for breaches of directors' duties in amended pleadings statute barred - date on which amendments take effect - whether amended allegations arose out of the same or substantially the same facts - rule in Weldon v Neal considered - where satisfied amendments arose out of the same or substantially the same set of facts originally pleaded - amendments to take effect on date proceeding was commenced - claims not statute barred
HALLEY J - 28 June 2024

Practice and Procedure ; Bankruptcy
Carson (by her litigation representative Jodi-Ann Michael) v Gabriele [2024] FCA 702
PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) - Registrar granted leave to withdraw creditor's petition - Registrar ordered costs against the respondent in a fixed amount - hearing de novo - Registrar's decision set aside - creditor's petition dismissed - applicant ordered to pay respondent's costs PRACTICE AND PROCEDURE - where applicant incapable of managing own affairs from commencement of proceedings - where applicant did not commence proceedings by her litigation representative - whether litigation representative can be appointed retrospectively to cure an irregularity in the proceedings - litigation representative appointed retrospectively PRACTICE AND PROCEDURE - costs - where respondent paid amount of judgment debts after the due date - where petitioning creditor continued to seek a sequestration order in order to secure payment of costs incurred in bringing and conducting the proceedings before bringing the proceedings to an end - where respondent then engaged legal representatives in relation to the hearing before the Registrar - where petitioning creditor then sought withdrawal of petition BANKRUPTCY - where bankruptcy notice based on four Local Court judgments arising from orders for costs - whether court should go behind judgments - where judgment amount and interest claimed in bankruptcy notice paid after date for payment expired - where respondent was solvent - petition dismissed
THAWLEY J - 27 June 2024

Contract ; Agency ; Practice and Procedure
Mpinda v Fair Work Commission (No 2) [2024] FCA 692
CONTRACTS - informal contracts - intention to create legal relations AGENCY - solicitor and client - actual authority - implied authority - apparent or ostensible authority PRACTICE AND PROCEDURE - settlement agreement - compromise agreement
FEUTRILL J - 28 June 2024

Bankruptcy
Marketlend Pty Ltd v Govindasamy, in the matter of Govindasamy [2024] FCA 704
BANKRUPTCY - review of Registrar's dismissal of application to adjourn creditor's petition under s 206 of the Bankruptcy Act 1966 (Cth) to allow a personal insolvency agreement (PIA) to be executed - where majority of creditors approved the PIA - whether PIA for the advantage of creditors - where paltry return for creditors under PIA and in bankruptcy - where debtor's affairs are complicated - where investigation of affairs justified - application to adjourn dismissed, Registrar's sequestration order confirmed
STEWART J - 27 June 2024

Migration
Hoang v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 695
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Administrative Appeals Tribunal - refusal to grant student visa that was applied for within Australia - whether exceptional reasons for grant of the visa under cl 527.227 of Migration Regulations 1994 (Cth) - meaning of "exceptional reasons" - no error in reasons of the Tribunal or primary judge - appeal dismissed with costs
HORAN J - 28 June 2024

Migration ; Constitutional Law
ABF17 v Commonwealth of Australia [2024] FCA 694
MIGRATION - application for order in the nature of habeas corpus - statutory duty to remove Iranian national from Australia - where applicant does not agree to his removal to Iran but willing to cooperate with removal to any other country - where Iranian authorities have a policy of not issuing travel documents to involuntary returnees - where administrative processes necessary for issue of travel documents require cooperation of the applicant - whether steps are practically available to be taken which can realistically be predicted to result in the applicant's removal to Iran in the reasonably foreseeable future - whether the applicant has capacity to cooperate with administrative processes directed to his removal to Iran - whether real prospect of the applicant's removal becoming practicable in reasonably foreseeable future - Held: that applicant's detention is validly authorised by ss 189 and 196 of Migration Act 1958 (Cth) - application dismissed
HORAN J - 28 June 2024

Corporations Law
Connelly as Receiver and Manager of "Digital Currency Assets" v NGS Crypto Pty Ltd (No 2) [2024] FCA 697
CORPORATIONS LAW - ex parte application for judicial advice by court-appointed receivers - where defendants in business of investing in cryptocurrency - whether judicial advice should be granted - where decision may be controversial - whether the application is a different one from the first judicial advice application brought in the proceeding - whether the receivers' costs should be indemnified - where the receivers have not acted unreasonably - application for judicial advice refused
MEAGHER J - 28 June 2024

Costs ; Intellectual Property
Vald Pty Ltd v KangaTech Pty Ltd (Costs) [2024] FCA 693
COSTS - where applicant achieved partial success in patent infringement proceeding - where applicant was successful in defending cross-claim alleging invalidity - where respondent advanced aspects of its invalidity case on premise that applicant's construction of claims was correct (which construction was not accepted) - where parties agreed that global costs order should be made but each side sought a costs order in its favour - where applicant accepted that a discount was appropriate - where respondent succeeded in relation to the dominant issues - costs order made in favour of applicant but with 70% discount
DOWNES J - 28 June 2024

Practice and Procedure ; Corporations Law
Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (No 2) [2024] FCA 703
PRACTICE AND PROCEDURE - public interest immunity - where regulator seeks to redact personal information contained in consumer complaints - redactions allowed
JACKMAN J - 24 June 2024

Corporations Law
Connelly as Receiver and Manager of "Digital Currency Assets" v NGS Crypto Pty Ltd [2024] FCA 618
CORPORATIONS LAW - judicial advice sought by court-appointed receivers - defendants in business of investing in cryptocurrency - s 19 Federal Court of Australia Act 1976 (Cth) and r 14.23 Federal Court Rules 2011 (Cth) - whether judicial advice sought for commercial or business decision - pros and cons of un-staking digital currency assets - ex parte application relevant principles - powers of Court-appointed receivers - whether Court obliged to make directions to Court-appointed receivers
COLLIER ACJ - 11 June 2024

Corporations Law
M.J.M Holdings (NT) Pty Ltd v Australian Marine Contractors [2024] FCA 691
CORPORATIONS -- application by plaintiff for access to documents of the first defendant pursuant to s 247A of the Corporations Act 2001 (Cth) -- consideration of whether the plaintiff is acting in good faith and that the inspection is to be made for a proper purpose -- evidence sufficient to establish that the application was made in good faith and for a proper purpose -- application too wide -- order that plaintiff be provided with limited access to documents CORPORATIONS -- interlocutory application by plaintiff for an interim injunction -- that the third and fourth defendants be restrained from removing a director of the first defendant and restrained from managerial conduct of the first defendant -- whether serious question to be tried -- whether balance of convenience favours making of interim orders -- application dismissed
O'SULLIVAN J - 27 June 2024

Migration
Nolutshungu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 684
MIGRATION - where appellant's visa cancelled pursuant to s 501CA of the Migration Act 1958 (Cth) - application for judicial review of decision of the Administrative Appeals Tribunal affirming the Minister's delegate's decision not to revoke cancellation of the appellant's visa - where this Court may not undertake merits review - application dismissed
MARKOVIC J - 27 June 2024

Taxation
Kilgour v Commissioner of Taxation [2024] FCA 687
TAXATION - where the applicants appeal from objection decisions made by the respondent Commissioner concerning the inclusion in their taxable income of the capital gain proceeds from the sale of shares in a company, Punters Paradise Pty Ltd (Punters), to News Corp Investments Australia Pty Ltd (News Corp Investments) - where there was no formal relationship, in terms of shareholding, directorships or control, between Punters and News Corp Investments or any other News Corp related entities (News Corp) - where the applicants contended that there was "internal championing" for the purchase of Punters within News Corp that caused a price higher than "market value" to be paid and that, as a result, the parties did not deal with each other at arm's length - where the ultimate approval for the purchase of Punters was made by a head office in New York that was removed from News Corp's Australian operations - whether the applicants were at arm's length to News Corp Investments within the meaning of s 116-30 of the Income Tax Assessment Act 1997 (Cth) - appeal dismissed TAXATION - where the applicants contended that News Corp included "special value" in its purchase price for Punters that resulted in a price that was not "market value" - where the applicants led expert evidence that excluded this "special value" from the valuations of the Punters shares on the basis of valuation guidelines issued by the respondent Commissioner - whether "special value" forms part of the "market value" of an asset - whether the Commissioner's valuation guidelines misstated the law
LOGAN J - 26 JUNE 2024

Bankruptcy
Sherman v Lamb (No 2) [2024] FCA 689
BANKRUPTCY AND INSOLVENCY - where the trustee of the bankrupt estate applies for orders under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) for a production order akin to the trustee's power under s 77A of the Act - where the orders are directed at an incorporated legal practice (ILP) that previously advised the bankrupt in relation to defamation proceedings - where the ILP has outstanding legal fees and did not actively oppose the application - where the bankruptcy trustee requires the documents held by the ILP for the purposes of a costs assessment process - where the bankrupt retains a right of legal professional privilege in some or all of the documents sought - whether the Court should exercise its discretion under s 30 of the Act and make the orders sought - application allowed BANKRUPTCY AND INSOLVENCY - where there is a lacuna in the definitions of associated company (s 5B) and associated natural person (s 5C) in the Act - where power in s 77A of the Act is conditioned on the person subject to the s 77A request holding "books of an associated entity of the bankrupt" - whether apparent legislative drafting error provides grounds for exercising discretion in s 30 of the Act to make orders sought
LOGAN J - 21 JUNE 2024

Practice and Procedure ; Corporations Law
Deputy Commissioner of Taxation v Prism Contracting & Consulting Pty Ltd [2024] FCA 688
PRACTICE AND PROCEDURE - interlocutory application to stay orders of Registrar under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - whether there is evidence of solvency - no order made
FEUTRILL J - 31 MAY 2024

Taxation
PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86
TAXATION - royalty withholding tax - where non-resident taxpayers entered into exclusive bottling agreements ('EBAs') with an Australian company ('Bottler') for the bottling and sale of beverages in Australia - where EBAs provided for sale of concentrate by the taxpayers or their nominated seller to the Bottler - where EBAs included a licence of the taxpayers' trademarks and other intellectual property but did not provide for a royalty - whether the taxpayers were liable to pay royalty withholding tax on part of the payments made by the Bottler under the EBAs - whether payments made by the Bottler were consideration for the right to use intellectual property - consideration of Davis Investments Pty Ltd v Commissioner of Stamp Duties (NSW) (1958) 100 CLR 392, Chief Commissioner of State Revenue (NSW) v Dick Smith Electronics Holdings Pty Ltd [2005] HCA 3; 221 CLR 496 and Commissioner of State Revenue (Vic) v Lend Lease Development Pty Ltd [2014] HCA 51; 254 CLR 142 - whether payments made by the Bottler were income derived by the taxpayers TAXATION - diverted profits tax - consideration of s 177J of Income Tax Assessment Act 1936 (Cth) - whether the taxpayers obtained a tax benefit in connection with a scheme - commercial and economic substance of the scheme and alternative postulates - results or consequences for the taxpayers of the scheme and alternative postulates - whether such postulates were reasonable alternatives to the scheme - whether the taxpayers entered into or carried out the scheme for a principal purpose of obtaining a tax benefit and reducing foreign tax liabilities
PERRAM, COLVIN AND JACKMAN JJ - 26 June 2024

Corporations Law
Commissioner of the NDIS Quality and Safeguards Commission v Aurora Community Care Pty Ltd (in liquidation) [2024] FCA 679
CORPORATIONS - application for leave to proceed against a company in liquidation under s 500 of the Corporations Act 2001 (Cth) - where respondent is in voluntary liquidation - where proceedings allege 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, as well as protection of people with disability receiving supports by other registered NDIS providers HELD - leave granted to proceed against the respondent in liquidation
ABRAHAM J - 26 June 2024

Practice and Procedure ; Discovery
Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 2) [2024] FCA 683
PRACTICE AND PROCEDURE -- orders made for disclosure of documents evidencing the transfer of funds --orders not complied with -- reference to ss 37P(5) and (6) and rr 5.23, 41.03 and 41.04 -- order for compliance extended
O'SULLIVAN J - 18 JUNE 2024

Migration
Shapkin v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 681
MIGRATION - application for judicial review of decisions of a Delegate of the Minister and the Administrative Appeals Tribunal to refuse application for citizenship by conferral under s 24(1) of the Citizenship Act 2007 (Cth) - whether all general eligibility criteria in s 21(2) must be considered where a prohibition on approval in s 24 applies - whether assessment of good character criterion in s 21(2)(h) is required where an offences prohibition in s 24(6) applies - whether non-assessment of good character criterion in s 21(2)(h) constitutes failure to make or delay in making a decision
CHEESEMAN J - 25 June 2024

Health
Koutsouroupas v Minister for Health and Aged Care [2024] FCA 677
HEALTH LAW - where Minister exercised power under s 92A(1A) of the National Health Act 1953 (the Act) to determine conditions concerning procedure for dispensing pharmaceutical benefits (conditions) - where conditions require physical presence of pharmacist at approved premises during dispensing process - whether conditions are invalid because they are inconsistent with liberty granted by s 90(5AA) - whether conditions exceed power conferred by s 92A(1A) because they pursue policy not permitted by the Act - whether conditions exceed power conferred by s 92A(1A) because they are not proportionate to achieving purposes or policies of the Act
KENNETT J - 25 JUNE 2024

Practice and Procedure ; Corporations Law
Mining Standards International Pty Ltd v Atlantic Nickel Mineracao Ltda (No 2) [2024] FCA 666
PRACTICE AND PROCEDURE - whether proceedings ought to be permanently stayed as an abuse of process - where earlier proceedings had been brought against applicant by the cross-respondents - where complaints made that applicant did not bring claims now raised as a cross-claim in the earlier proceedings - where applicant was financially unable to pursue any cross-claim - where applicant was transparent about its intention to pursue further claims - where relief sought in earlier proceedings was confined - where two proceedings concern different issues - abuse of process not established
DERRINGTON J - 24 June 2024

Practice and Procedure ; Taxation
Quy v Commissioner of Taxation (No 2) [2024] FCA 682
PRACTICE AND PROCEDURE - where the applicant applies for an adjournment of a final hearing listed for one day in less than two weeks' time - where the taxation appeal from the Administrative Appeals Tribunal (Tribunal) concerns whether there was an error of law in the Tribunal's application of the residency test to the applicant - where the applicant initially retained solicitors, then became self-represented, before recently instructing new solicitors - whether there is an opportunity cost to the administration of justice if adjournment granted - adjournment application refused
LOGAN J - 24 June 2024

Corporations Law
Mesha Feet Pty Ltd v Allen acting as Deputy Commissioner of Taxation [2024] FCA 680
CORPORATIONS - application for review of a decision of a Registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - where originating process seeks to set aside a statutory demand issued to the Plaintiff by the Defendant - where Plaintiff claims to have discharged its taxation liabilities by a "Promissory Note" and a "Bill of Exchange" -where Registrar dismissed the originating process - where Plaintiff's claims are unmeritorious and misconceived - where no "genuine dispute" arises as to the existence or amount of the debt the subject of the statutory demand - application dismissed with costs
BUTTON J - 24 June 2024

Corporations Law
Kogan, in the matter of Insitec Pty Ltd (Administrators Appointed) [2024] FCA 672
CORPORATIONS - application for orders pursuant to s 447A of the Corporations Act 2001 (Cth) limiting the liability of administrators with respect to a facility agreement entered into for the purposes of enabling the companies under administration to continue to trade for the benefit of creditors - application allowed
GOODMAN J - 20 June 2024

Migration ; Practice and Procedure
BTK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 658
MIGRATION - appeal from Federal Circuit Court dismissing judicial review application of decision of Immigration Assessment Authority affirming decision not to grant appellant a protection visa - approach to construing Authority's reasons - meaning of credible personal information - whether Authority failed to assess the appellant's new personal information against each of the criteria in subs 473DD(b)(i) and 473DD(b)(ii) of the Migration Act 1958 (Cth) and then take the outcome of that assessment into account in assessing whether the criterion in s 473DD(a) was met in accordance with AUS17 v Minister for Immigration, Border Protection (2020) 269 CLR 494 -where Authority made only findings of doubts and concerns about the veracity of new personal information - whether Authority's failure to properly consider s 473DD of the Migration Act was material - appeal allowed PRACTICE AND PROCEDURE - whether leave should be granted to raise new grounds on appeal
PERRY J - 21 June 2024

Patents
Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 4) [2024] FCA 678
PATENTS - discovery - whether "fishing" - excessive prior art permutations under s 7(3) of the Patents Act 1900 (Cth) - relevance of inventor's notes to inventive step - discovery not granted. PATENTS - discovery - best method under s 40(2) of the Patents Act 1900 (Cth) - discovery granted.
BURLEY J - 18 JUNE 2024