Browse Federal Court Judgments

Published in the last week

In order of publication date with most recent additions at the top.


Native Title
Pate v State of Queensland [2019] FCA 25
NATIVE TITLE - non-claimant application for a negative determination of native title under s 61(1) of the Native Title Act 1993 (Cth) (the NTA) - where the application is unopposed under s 86G of the NTA - the principles relevant to the exercise of the Court's discretion to make a negative native title determination - the nature of s 24FA protection - the difficulties associated with s 42 of the Aboriginal Land Rights Act 1983 (NSW) - whether negative native title determinations can be granted solely on the basis of satisfying the formal requirements of the NTA - the onus of the non-claimant applicant to prove, on the balance of probabilities, that native title does not exist on the relevant area of land - the importance of adducing sufficient evidence to discharge that onus
REEVES J - 18 January 2019


Extradition
Rojas v United States of America [2019] FCA 22
EXTRADITION - application for review under s 21 of the Extradition Act 1988 (Cth) - whether Court satisfied that requirements of ss 19(2)(b) and 19(2)(c) established - consideration of the dual criminality requirement of s 19(2)(c) - held: application dismissed
BROMWICH J - 18 january 2019


Practice and Procedure
CVN17 v Minister for Immigration and Border Protection [2019] FCA 13
PRACTICE AND PROCEDURE - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - reasonable explanation for delay - no particular prejudice to the respondent - merits of the application - where respondent did not oppose extension of time - extension of time granted MIGRATION - application for review of decision of the Administrative Appeals Tribunal not to revoke mandatory cancellation of visa by delegate under s501CA(4) of Migration Act 1958 (Cth) - whether Tribunal erred in its consideration of the best interests of minor children in Australia affected by the decision - whether Tribunal erred in taking into account the applicant's conduct as a child under the age of 10 - whether Tribunal failed to take into account a claim before it about how applicant's removal would affect the applicant's mother and stepfather's relationship and thereby contributed to his difficulties if removed from Australia - decision of the Tribunal set aside
KENNY J - 16 January 2019


Corporations Law
Albarran (Liquidator) v Rankin, in the matter of Hartford Investments Pty Ltd (In Liq) [2018] FCA 2111
CORPORATIONS - examination - application for review of orders made by Judicial Registrar - real risk of harm to the administration of justice by publication of parts of examination transcript - application for review upheld
JAGOT J - 19 December 2018


Practice and Procedure ; Corporations Law
McKenzie v Cash Converters International Ltd (No 3) [2019] FCA 10
PRACTICE AND PROCEDURE - application for disqualification of judge on the basis of apprehended bias - whether hypothetical lay observer might apprehend that a settlement approval application pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) might be determined otherwise than on its merits - disqualification application dismissed PRACTICE AND PROCEDURE - observations on appropriate procedure for raising the issue of apprehended bias
LEE J - 18 January 2019


Migration
ALQ17 v Minister for Immigration and Border Protection [2019] FCA 16
MIGRATION - application for extension of time and leave to appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal for non-appearance - where Applicant sought adjournment on day of hearing for medical reasons - where Applicant indicated to Minister that he could appear by telephone
PERRAM J - 17 January 2019


Corporations Law
White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 6) [2019] FCA 17
CORPORATIONS - application for direction pursuant to s 90-15 of Insolvency Practice Schedule (Corporations) - whether liquidators justified in treating monies as company assets - whether trust claims can be determined under s 90-15 - where direction opposed by unpaid vendors asserting trusts over monies
PERRAM J - 17 January 2019


Migration
DHP17 v Minister for Home Affairs [2019] FCA 15
MIGRATION - appeal from Federal Circuit Court - whether Court erred in summarily dismissing appeal on show cause basis from Immigration Assessment Authority - whether Applicant had arguable case for jurisdictional error - where Applicant alleged inconsistency between Authority's reliance on country reports
PERRAM J - 17 January 2019


Practice and Procedure ; Costs
McVeigh v Retail Employees Superannuation Pty Ltd [2019] FCA 14
PRACTICE AND PROCEDURE - application for maximum costs order pursuant to r 40.51 of Federal Court Rules 2011 (Cth) - whether maximum costs order should be made - whether proceedings in public interest - whether application premature - where Applicant claims breaches of statutory and equitable duties of superannuation trustee regarding climate change risks - where Applicant indemnified by third party to a maximum amount
PERRAM J - 17 January 2019


Industrial Law
Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9
INDUSTRIAL LAW - application for declaration that the respondent breached s 119(1)(a) of the Fair Work Act 2009 (Cth) - where employer terminated the employment of employees after losing a customer contract for services - where employer did not pay redundancy payments to the terminated employees - where employer sought to rely on 'ordinary and customary turnover of labour' exception in s 119(1)(a) - whether terminations were due to 'ordinary and customary turnover of labour' - whether exception should be construed by reference to industrial law decisions prior to enactment of s 119(1)(a) - whether previous decision to the effect that previous case law was of limited value in statutory construction should not be followed - declaration of contravention of s 119(1)(a) by failing to pay redundancy upon termination of employment INDUSTRIAL LAW - whether decision to dismiss employees gave rise to an obligation to notify Centrelink of the dismissals under s 530(1) of the Act - consideration of statutory construction of phrases 'reasons of economic, technological, structural or similar nature' and 'genuine operational reasons' - no contravention of s 530(1)
COLVIN J - 16 January 2019


Bankruptcy
Booth v Offerman as trustee of the bankrupt estate of Geoffrey David Booth [2019] FCA 5
BANKRUPTCY AND INSOLVENCY - where applicant (a bankrupt) seeks his trustee's consent to travel overseas - where trustee gives consent on condition of payment of specific sum to bankrupt's estate - whether Court should direct trustee to give consent without that condition and, if so, on what conditions
ROBERTSON J - 10 January 2019


Practice and Procedure ; Corporations Law
Australian Competition and Consumer Commission v Birubi Art Pty Ltd (No 2) [2018] FCA 1785
PRACTICE AND PROCEDURE - application for leave to proceed under subs 500(2) of the Corporations Act 2001 (Cth) - where serious question as to appropriate penalties for contravening conduct remains to be tried - where strong public interest in proceedings continuing - where contravening corporation has submitted to the orders of the Court save as to costs - application allowed
PERRY J - 7 December 2018


Corporations Law
Farnsworth v About Life Pty Limited (Administrator Appointed), in the matter of About Life Pty Limited (Administrator Appointed) [2019] FCA 11
CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiff must convene the meeting of the creditors of the defendant company under s 439A(1) - orders granted
THAWLEY J - 14 January 2019


Migration
DZG17 v Minister for Immigration and Border Protection [2019] FCA 8
MIGRATION - consideration of an interlocutory application for leave to rely upon particular documents and oral evidence on the hearing of an appeal
GREENWOOD J - 11 January 2019


Practice and Procedure ; Intellectual Property
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 6) [2018] FCA 2017
PRACTICE AND PROCEDURE - application to amend pleadings to include copyright infringement case - where respondents claim amendments would postpone hearing dates
PERRAM J - 13 December 2018


Costs ; Industrial Law
Morris v McConaghy Australia Pty Ltd [2018] FCA 2099
COSTS - appeal from Federal Circuit Court - whether Court erred in ordering costs pursuant to Fair Work Act 2009 (Cth) s 570 - whether proceedings instituted vexatiously - whether costs incurred by unreasonable act - where Appellant discontinued proceedings
PERRAM J - 21 December 2018


Trade Marks ; Costs
Caesarstone Ltd v Ceramiche Caesar S.p.A. (No 3) [2019] FCA 7
TRADE MARKS - appropriate form of orders to give effect to reasons for judgment, particularly in relation to goods and services in Class 19, Class 20, Class 35 and Class 37 - appropriate costs order in proceedings before the Registrar where appeals allowed in light of evidence that was not before the Registrar COSTS - appropriate order where parties have mixed success
ROBERTSON J - 14 January 2019


Migration
CYO16 v Minister for Immigration and Border Protection [2019] FCA 2
MIGRATION - Safe Haven Enterprise visa (SHEV) - appeal from the Federal Circuit Court of Australia - Federal Circuit Court dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister for Immigration and Border Protection to refuse the appellant a SHEV - where appellant seeks leave to rely on ground in draft notice of appeal - whether proposed ground was raised in the proceedings in the Federal Circuit Court - where IAA determined that two DFAT reports supplied to it by the appellant were not 'new information' for the purposes of s 473DC and s 473DD of the Migration Act 1958 (Cth) - where one DFAT report was not referred to in the delegate's decision record - whether the Tribunal fell into jurisdictional error by not refusing to admit that DFAT report - leave to rely on proposed ground in the draft notice of appeal refused - appeal dismissed
Farrell J - 10 January 2019


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