Latest Judgments

Patents ; Damages
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58
PATENTS -- where liability heard and determined before relief -- where respondents found to have infringed patent -- determination of the quantum of pecuniary relief -- where applicants elected to claim damages for Orifinder Tools used in Australia and elected to claim an account of profits for Orifinder Tools exported from Australia -- whether the "split" election is valid -- where s 122(1) of the Patents Act 1990 (Cth) refers to the option of either damages or an account of profits -- whether the right to elect arises in relation to each and every infringement -- held that the "split" election is valid DAMAGES -- where experts agree on the overall methodology for approaching calculation of damages but where there are specific contested issues that relate to the underlying assumptions -- whether contingencies identified by the respondents mean there should be a discount -- consideration of Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2018] FCAFC 183; (2018) 267 FCR 428 -- consideration of the appropriate utilisation threshold which triggers the manufacture of additional ACT Tools -- whether the cost of manufacturing additional ACT Tools should include optional components -- whether 80 converted tools should be taken into account in assessing the lost profits claim by way of lost rental opportunities in 2015 -- whether the 80 tools form part of or are in addition to the 412 tools for the purpose of assessing the lost profits claim by way of rental opportunities from 1 January 2016 to April 2019 -- whether the manufacture and supply of Orifinder v3B Tools in 2012 were lost opportunities PATENTS -- account of profits -- whether losses made by respondents in periods should be excluded from profit calculations -- whether there are profits earned by the respondents in Laos, Indonesia and New Zealand which should be taken into account -- whether discount should be made to take account of tax related contingencies -- whether interest should be calculated on the profits minus amounts paid by way of taxation
20 Feb 2024 |  BESANKO J

Galactic Seven Eleven Litigation Holdings LLC v Davaria [2024] FCAFC 54
REPRESENTATIVE PROCEEDINGS - whether power to make a common fund order at the stage of settlement approval - the proper exercise of the discretion under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) - appeal allowed.
02 May 2024 |  MURPHY, LEE AND COLVIN JJ

Practice and Procedure ; Costs
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 7) [2024] FCA 445
PRACTICE AND PROCEDURE -- where disputes as to form of final orders following hearing on pecuniary relief -- whether final order with respect to the damages award and the account of profits should be made against both respondents -- whether a discount on the account of profits award should be applied to reflect possibility that the respondent will not be able to recover tax that it has paid -- consideration of Aristocrat Technologies Australia Pty Ltd v Konami Australia Pty Ltd (No 3) [2022] FCA 1373; (2022) 170 IPR 42 COSTS -- where applicant successful in proceeding and entitled to costs -- where applicant served notice of offer to compromise -- whether the respondent should pay costs on an indemnity basis from 11:00 am on 22 February 2023 -- whether the judgment is more favourable than the terms of the offer
01 May 2024 |  BESANKO J

Practice and Procedure ; Administrative Law
Saffari v Amazon Commercial Services Pty Ltd [2024] FCA 436
PRACTICE AND PROCEDURE - application for disqualification on the basis of actual and apprehended bias - no evidence adduced capable of establishing actual bias - no matters raised capable of providing a logical connection to an apprehension that the proceeding will be determined otherwise than on its merits - application dismissed PRACTICE AND PROCEDURE - application for orders recognising service - service under s 601CX of the Corporations Act 2001 (Cth) upon a registered body - absence of proof as to registered office and as to appointment of local agent - service on foreign corporations - proof of service not established - application dismissed PRACTICE AND PROCEDURE - application for order under r 20.31 of the Federal Court Rules 2011 (Cth) - no identification of a document mentioned in a pleading or affidavit - a document mentioned in an exhibit is not a document mentioned in an affidavit - procedural fairness rationale of r 20.31 - application dismissed PRACTICE AND PROCEDURE - application to stay the proceeding until costs of an earlier proceeding have been paid - no final determination of the merits - no vexation or abuse of process - application dismissed PRACTICE AND PROCEDURE - security for costs - natural person - substantial risk of non-payment of adverse costs order - no claim of stultification if order made - application granted PRACTICE AND PROCEDURE - application to strike out statement of claim - self-represented litigant - case propounded in statement of claim sufficiently clear - further clarification to be provided by way of particulars - application dismissed
01 May 2024 |  GOODMAN J

Administrative Law
Pegasus Supply Solutions Pty Ltd v Collector of Customs [2024] FCA 450
ADMINISTRATIVE LAW - appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) from a decision of the Administrative Appeals Tribunal remitting a decision concerning the amount payable under a demand issued under s 35A of the Customs Act 1901 (Cth) after a failure to satisfactorily account to the Collector of Customs under s 37 of the Customs Act - proper construction of ss 35A and 37 of the Customs Act - s 37 provides the recipient of a request to account with two methods of avoiding a debt and exposure to penalties, one of which is to have the Collector sight the goods the subject of the request to account - Tribunal (standing in the shoes of the Collector) declined a request by the appellant to sight goods - denial of procedural fairness and failure to comply with s 39 of the AAT Act - appeal allowed - remittal to the Tribunal
01 May 2024 |  GOODMAN J

Migration
Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 435
MIGRATION - aged dependent relative visa - appeal from decision of the (then) Federal Circuit Court of Australia on judicial review of a decision of the Administrative Appeals Tribunal - whether the Tribunal failed to consider evidence advanced by the appellant - whether such a failure was material - appeal allowed
01 May 2024 |  GOODMAN J

Corporations Law
Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449
CORPORATIONS - application under s 21 of the Federal Court of Australia Act 1976 (Cth), s 418A of the Corporations Act 2001 (Cth) and s 90-15 of Schedule 2 - Insolvency Practice Schedule (Corporations) of the Corporations Act for declaratory relief - where administrators appointed under s 436A of the Corporations Act - where receivers and managers appointed to secured property of company - whether funds in administrators' account established under s 65-5 of the Insolvency Practice Schedule are secured property under receivers and managers' control - proper construction of security agreement - meaning of secured property as defined - consideration of words and phrases 'relating to', 'in respect of' and 'arising from'
01 May 2024 |  FEUTRILL J