Browse Federal Court Judgments

Migration
Finau v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 8
MIGRATION - procedural fairness - where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa - whether the Tribunal's decision denied the applicant procedural fairness by failing to advise the applicant of his entitlement to seek an adjournment to provide further evidence - relevance of statutory context to the content of procedural fairness - whether breach of procedural fairness was material - application allowed MIGRATION - procedural fairness - whether Tribunal required to give the applicant notice that his evidence about the strength of his relationship with his siblings may be given little weight - where ground reduces to a complaint about the Tribunal's failure to provide a running commentary on its mental processes and evaluation of his evidence MIGRATION -whether Tribunal fell into jurisdictional error by approaching its task as if s 501CA(4)(b)(ii) of the Migration Act conferred a general discretion as to whether to revoke the visa cancellation instead of
PERRY J - 20 January 2025

Practice and Procedure ; Corporations Law
Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) (Application to vary timetable) [2025] FCA 9
PRACTICE AND PROCEDURE - application on the papers to vary timetable for reference to inquire into lump sum costs determinations by Judicial Registrar acting as a Referee - no question of principle - application successful in limited respect.
CHEESEMAN J - 17 January 2025

Practice and Procedure ; Corporations Law
Alexiou v Australia and New Zealand Banking Group Limited (Application to Amend Pleading) [2025] FCA 7
PRACTICE AND PROCEDURE - where Applicant seeks leave to file and serve proposed third further amended statement of claim - where new claims present triable issues - where proceeding includes lengthy procedural history - where reasons for delay despite lengthy history are not adequately explained by the Applicant - whether amendments should be allowed
PERRAM J - 17 January 2025

Practice and Procedure ; Consumer Act
Saffari v Latitude Financial Services Australia Holdings Pty Ltd [2025] FCA 6
PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where primary judge dismissed proceeding under r 5.23(1)(b) of Federal Court Rules 2011 (Cth), whether leave to appeal required - where applicant applied for leave to add three respondents and leave refused, whether open to applicant to apply for leave to appeal from that decision - whether merit in any of proposed grounds of appeal
KATZMANN J - 17 January 2025

Corporations Law ; Consumer Law ; Tort ; Estoppel, Damages
Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4
SAD 109 of 2020 CORPORATIONS -- breach of director's/officer's duties -- one shadow director/shadow officer -- one registered director and officer of the first applicant -- where directors not a party to the proceedings -- where directors breached duty to act in good faith, in the best interest of corporation and for a proper purpose -- duty not to misuse position -- ss 181(1) and 182(1) of the Corporations Act 2001 (Cth) (Act) -- whether directors breached their fiduciary duties to the first applicant -- where directors obtained funding for corporation using false documentation -- where directors improperly gained an advantage for related entities -- where directors used their position to cause detriment to the company by exposing it to a liability for funding in excess of that which was required using documents they knew to be false -- contraventions established -- compensation ordered CORPORATIONS -- accessorial liability -- whether second respondent was knowingly involved in contraventions of ss 181(1) and 182(1) within the meaning of s 79 of the Act -- whether second respondent knowingly assisted the directors in their breaches of fiduciary duties -- dishonest and fraudulent design -- liability established CONSUMER LAW -- whether the first and second respondents engaged in conduct that was misleading or deceptive in contravention of s 18 of Australian Consumer Law (ACL) -- whether directors engaged in conduct contrary to s 18 of the ACL -- where applicants allege respondents made false or misleading representations by preparing and providing false documentation to the directors/officers of the first applicant for the provision of those documents to the applicant lenders through a mortgage manager -- funding for the acquisition of abattoir equipment -- where majority of representations found to be made -- where lenders and the mortgage manager relied on the false documentation in deciding to provide funding to the first applicant and were misled -- liability established CONSUMER LAW -- whether the directors/officers of the first applicant engaged in conduct contrary to s 18 of the ACL -- attribution of director's/officer's knowledge to the first applicant -- fraud exception -- whether first and second respondents were involved in the contravening conduct of the directors within the meaning of s 2 of the ACL -- whether second respondent had actual knowledge of the essential facts constituting the contravention -- liability established TORTS -- deceit -- false or misleading representations -- where claim in deceit arises out of same facts as claim for misleading or deceptive conduct -- where lenders relied on representations -- liability established LIMITATION OF ACTIONS -- whether applicants' causes of action under s 18 of the ACL are statute barred - where applicants claim for an extension of time pursuant to s 48 of the Limitation of Actions Act 1936 (SA) (Limitation Act) to the extent required -- where it was not until the loss crystallised that time began to run -- cause of action not out of time --where, in any event, the law of South Australia applies by virtue of s 14 of the Fair Trading Act 1985 (SA) such that the six year limitation period imposed by ss 236 and 237 of the ACL may be extended under s 48(1) of the Limitation Act ESTOPPEL -- whether a third party made representations relating to the withdrawal of legal proceedings against the respondents -- no estoppel DAMAGES -- assessment of damages -- where applicants have succeeded in each of their causes of action -- damages awarded for each cause of action in the first proceeding SAD 76 of 2022 TORTS -- negligence -- whether first respondent owed a duty of care to the applicant lenders to protect against pure economic loss -- whether documents relied upon contained negligent misstatements -- where preparation of document was based on an honestly held opinion and relevant experience -- duty of care established -- breach of duty not made out CONSUMER LAW -- whether first respondent engaged in conduct contrary to s 18 of the ACL in the provision of a valuation of abattoir equipment to the seventh applicant -- whether second respondent was involved in that conduct within the meaning of s 2 of the ACL -- where claims arise out of same facts as claim for negligence -- no contravention established TORTS -- deceit -- whether first respondent through second respondent committed the tort of deceit -- where no false representations made as to the valuation of abattoir equipment -- claim dismissed
O'SULLIVAN J - 15 January 2025

Practice and Procedure ; Corporations Law
Michael Wilson & Partners Ltd v Porter (No 5) [2025] FCA 5
PRACTICE AND PROCEDURE - where orders made pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) for costs to be quantified on a lump sum basis by a registrar acting as a referee - application to extend time for seeking orders to the effect that the report of the referee not be adopted - application refused - consideration of procedural orders to be made as to adoption of referee's report - directions made to allow for application to adopt report of registrar acting as referee to be made by email to associate to the case managing judge
COLVIN J - 13 January 2025