Today's published judgments

VZWF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1160
MIGRATION - application for extension of time to review decision of Administrative Appeals Tribunal - where Tribunal affirmed decision to not revoke the applicant's visa pursuant to s 501CA of the Migration Act 1958 (Cth) - where minute of consent orders sent to chambers - where first respondent accepts proper basis for extension of time and appropriate to remit matter to the Tribunal - where court satisfied there is error and a proper basis for the concession made by the first respondent - orders as proposed made
27 Sep 2023 |  COLVIN J

Industrial Law
Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147
INDUSTRIAL LAW - appeal against quantum of penalties - where respondent conceded primary judge erred - appeal allowed - redetermination of penalties - where conduct was egregious and unjust - whether contraventions should be grouped together - where appellant has not been involved in other contraventions - where respondent was awarded compensation and damages - totality principle
27 Sep 2023 |  MEAGHER J

Moananu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1146
MIGRATION - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - whether Tribunal ought to have exercised its discretion to revoke the mandatory visa cancellation - extent of discretionary power - whether Tribunal failed to take into account relevant considerations - extension of time granted - application dismissed
27 Sep 2023 |  MEAGHER J

Contract ; Practice and Procedure
ThoughtWare Australia Pty Limited v IonMy Pty Ltd (No 2) [2023] FCA 1161
CONTRACTS - dispute as to construction of business sale agreement referred to expert determination - whether determination binding - meaning of "gross profit" PRACTICE AND PROCEDURE - summary judgment - question of construction - granting summary judgment in complex cases
18 Aug 2023 |  DERRINGTON J

Patents ; Evidence
Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119
PATENTS - three patent applications on appeal from a decision of a delegate of the Commissioner of Patents - patent applications disclose supernatant vaccine for Mycoplasma hyopneumoniae (M. hyo), a disease affecting pigs - applications include a platform, a bivalent and a multivalent vaccine - validity EVIDENCE - challenge to independence of expert witness - where expert did not disclose the extent of his prior involvement with the appellant - where non-disclosure was not deliberate but nevertheless tainted evidence - where evidence disregarded unless corroborated by other experts PATENTS - construction of integers of the claims - meaning of the term "comprising" - whether inclusive or exhaustive definition should be used PATENTS - common general knowledge - state of knowledge in the field of swine pathogens as at the priority date - vaccines against M. hyo available at the priority date PATENTS - validity - lack of inventive step - ss 7(2) and (3) of the Patents Act 1990 (Cth) - prior art documents to be considered - whether claim 1 in each of the 3 applications is obvious PATENTS - validity - lack of support and lack of disclosure PATENTS - validity - best method requirement - whether patentee has satisfied its duty to disclose the best method of performing the invention - duty not satisfied PATENTS - validity - manner of manufacture - whether certain of claims of the Applications are claims to "mere collocations" of integers rather than a patentable combination
21 Sep 2023 |  ROFE J

Industrial Law
Twomey v Que 5 Pty Ltd [2023] FCA 1155
INDUSTRIAL LAW - judicial review of decisions of Fair Work Commission - permission to appeal to Full Bench of Fair Work Commission refused - unfair dismissal - minimum employment period - small business employer - application dismissed
27 Sep 2023 |  JACKSON J

BAE23 v Minister for Home Affairs [2023] FCA 1152
MIGRATION - application for extension of time for judicial review of decision of Minister for Home Affairs -applicant convicted of serious child sex offences - over six years delay in seeking judicial review of Minister's decision - interests of the administration of justice - factors for consideration in extension of time - risk to Australian community - proposed grounds arguable but not compelling - application dismissed
27 Sep 2023 |  JACKSON J

Practice and Procedure ; Patents
Sanofi v Amgen Inc. (No 2) [2023] FCA 1156
PRACTICE AND PROCEDURE - patents - appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings - application seeking orders pursuant to r 5.04 of the Federal Court Rules 2011 (Cth) limiting evidence to be relied on at the hearing of the appeal - where respondent intends to tender declarations relied on before the delegate together with affidavits made by the same declarants - where the affidavits summarise statements made in the declarations
22 Sep 2023 |  YATES J

Industrial Law
Fair Work Ombudsman v Rielly [2023] FCA 1144
INDUSTRIAL LAW - pecuniary penalty - contravention of s 500 of the Fair Work Act 2009 (Cth) - where the Site Rules require all visitors to be accompanied - whether the first respondent was unaccompanied - meaning of "accompanied" - principles of pecuniary penalty - consideration of the appropriate pecuniary penalty - where non-indemnity order sought
26 Sep 2023 |  THOMAS J

Was this page useful?

What did you like about it?

How can we make it better?

* This online submission is protected by captcha
Security key

Can't read the security key? Click here to get a new key