Special Leave Applications to the High Court
Parties wishing to appeal from a judgment of the Federal Court to the High Court of Australia, are required to file a special leave application with the High Court.
This page updates the status of any such applications.
Currency/completeness of information: Updating of this page is dependant upon information being supplied to the Court; the Court cannot guarantee that the information is complete, up-to-date, or accurate. Refer to our website disclaimer.
Source: High Court of Australia Special Leave Application Results and Notices to the Federal Court of application for leave to appeal.
In order of the date of the Federal Court judgment.
2025 Federal Court delivered judgments
7 Aug 2025: Rusanov v Commissioner of Taxation (No 3) [2025] FCAFC 117
LOGAN, FEUTRILL AND WHEATLEY JJ
PRACTICE AND PROCEDURE – appeal against dismissal of appeal from decision of the Administration Appeals Tribunal affirming an objection decision of the Commissioner of Taxation – where no substantive submissions filed by the appellant in accordance with directions – where appellant did not appear – appeal dismissed for want of prosecution and non-compliance with directions.
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused [2025] HCADisp 245
26 Aug 2025: Fanatics, LLC v FanFirm Pty Limited (Final Orders) [2025] FCAFC 112
BURLEY, JACKSON AND DOWNES JJ
APPEAL AND NEW TRIAL – form of orders following appeal – where appellant was partially successful – where costs orders made previously
Status of Appeal to High Court - 4 December 2025: HCA - Special leave refused with costs [2025] HCADisp 298
25 Aug 2025: Tran v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 114
ANDERSON, MCELWAINE AND NESKOVCIN JJ (311 FCR 194)
MIGRATION – where Administrative Appeals Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where primary judge dismissed application for judicial review of Tribunal’s decision – where appellant alleged primary judge erred by not finding that the Tribunal placed weight on an irrelevant consideration in considering the protection of the Australian community from criminal or other serious conduct under Ministerial…
Status of Appeal to High Court - 4 December 2025: HCA - Special leave refused with costs [2025] HCADisp 285
21 Aug 2025: Lift Shop Pty Ltd v Next Level Elevators Pty Ltd [2025] FCAFC 108
FEUTRILL, NESKOVCIN AND MOORE JJ (312 FCR 127 ; 187 IPR 22)
COPYRIGHT – additional damages – whether primary judge erred in determining entitlement to additional damages in advance of determining quantum and prior to the applicant’s election – whether primary judge erred in her approach to assessing the flagrancy of the conduct – where threatening communications considered in the context of the respondents’ earlier denials of copyright infringement INTELLECTUAL PROPERTY – confidential information – whether primary judge erred in…
Status of Appeal to High Court - 4 December 2025: HCA - Special leave refused with costs [2025] HCADisp 304
13 Aug 2025: The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104
BURLEY, JACKMAN, HORAN JJ (312 FCR 272)
TRUSTS AND TRUSTEES – whether constructive trust should be imposed over copyright in video images obtained and created through trespass – discussion of legal principles – where circumstances involving invasion of legal or equitable rights of appellant – where inequitable and against good conscience for maker to assert ownership against appellant – where no pre-existing relationship between parties – where asset not previously owned by claimant – copyright in video images to…
Status of Appeal to High Court - 4 December 2025: HCA - Special leave granted [2025] HCADisp 293
8 Aug 2025: Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 102
RANGIAH, JACKSON AND MEAGHER JJ
MIGRATION – appeal from decision of primary judge – whether primary judge erred in finding the Administrative Appeals Tribunal (Tribunal) did not deny the appellant procedural fairness – where Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) (the Act) – where Tribunal made adverse credibility findings against appellant’s witnesses – where Tribunal notified appellant after hearing of possible adverse findings –…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 263
25 Jul 2025: Director, Professional Services Review v Yoong [2025] FCAFC 95
O'BRYAN, ROFE AND HORAN JJ (311 FCR 312 ; 188 ALD 354)
ADMINISTRATIVE LAW – appeal from decision of primary judge – validity of notices given under ss 89B and 106ZPM of Health Insurance Act 1973 (Cth) – where review undertaken by Director of services provided by respondent during specified period – where notice given to respondent under s 89B requiring production of “complete clinical records” for named patients to whom services were provided by respondent during the review period – where notice required production of clinical…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 266
24 Jul 2025: DHI22 v Qatar Airways Group QCSC (No 2) [2025] FCAFC 92
MORTIMER CJ, STEWART AND STELLIOS JJ (310 FCR 408)
PRIVATE INTERNATIONAL LAW – foreign State immunity – whether proceeding “concerns” a commercial transaction or like activity – where separate entity responsible for management of commercial airport – where separate entity entered agreement with private entity for operation and management of commercial airport – where appellants present at commercial airport because of commercial transactions with airline – where relevant conduct of separate entity was alleged participation…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 256
24 Jul 2025: DHI22 v Qatar Airways Group QCSC (No 1) [2025] FCAFC 91
MORTIMER CJ, STEWART AND STELLIOS JJ (310 FCR 361)
AVIATION – carriers’ liability – where applicants had boarded flight at Doha airport bound for Sydney – where aircraft had been waiting at gate for hours – where applicants allege that all women passengers were directed to leave the aircraft – where four applicants allege that they endured bodily inspections and three applicants allege invasive examinations by a “nurse” in an ambulance on airport tarmac – where applicants subsequently returned to aircraft which eventually…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 257
9 Jul 2025: AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
MOSHINSKY, BROMWICH AND ANDERSON JJ (310 FCR 1)
COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the dealers entered into agreements that gave effect to a “dealership model” – where the dealer agreement gave each party the right to give a non-renewal notice with a certain period of notice without cause – where the respondent gave the dealers …
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 260
17 Jul 2025: Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (No 2) [2025] FCAFC 90
COLLIER, SNADEN AND HATCHER JJ
COSTS – where appeal from judgment of single judge allowed, in part –where both parties enjoyed measure of success – where declarations of primary judge set aside and remade – whether order of primary judge requiring appellant to pay respondent’s costs of proceeding below should be set aside – whether parties are to bear their own costs of appeal. –
Status of Appeal to High Court - 6 November 2025: HCA -Special leave granted [2025] HCADisp 255
15 Jul 2025: Chaplin v Secretary, Department of Social Services [2025] FCAFC 89
THAWLEY, HESPE AND KENNETT JJ (187 ALD 1 ; 311 FCR 44)
ADMINISTRATIVE LAW – appeal on a question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) – where appellant received Youth Allowance payments under Pt 2.11 of Social Security Act 1991 (Cth) (Social Security Act) – where rate of payment worked out under s 1067G based on information provided under Pt 3 Div 6 of the Social Security (Administration) Act 1999 (Cth) – where Rate Calculator in Point 1067G-A1 requires the Secretary to “work out…
Status of Appeal to High Court - 6 November 2025: HCA - Legal Aid NSW - Special leave refused [2025] HCADisp 261]
10 Jul 2025: BSF Solutions Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 88
ANDERSON, CHEESEMAN AND ROFE JJ
CONSUMER LAW – appeal from findings of contraventions of the National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 – whether first and second appellants were conducting a shared business model – whether fees charged by second appellant were charges made for the provision of credit by the first appellant – whether first and second appellants should be precluded from recovering principal – appeal dismissed CONSUMER LAW – accessorial liability – whether case of…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave refused with costs [2025] HCADisp 269
9 Jul 2025: Fanatics, LLC v FanFirm Pty Limited [2025] FCAFC 87
BURLEY, JACKSON AND DOWNES JJ (303 FCR 308 ; 185 ALD 132 ; 426 ALR 367)
TRADE MARKS – infringement – s 120 of the Trade Marks Act 1995 (Cth) – use as a trade mark – whether use on information labels is use as a trade mark – whether use on a website is use in relation to goods or use in relation to online retail services – whether goods are of the same description. TRADE MARKS – defences to infringement – s 122(1)(a)(i) of the Act – good faith use of own name – where infringer had knowledge of prior use of mark – whether good faith use…
Status of Appeal to High Court - 4 December 2025: HCA - Special leave refused with costs [2025] HCADisp 298
3 Jul 2025: Cirrus Real Time Processing Systems Pty Ltd v Jet Aviation Australia Pty Ltd (formerly Hawker Pacific Pty Ltd) [2025] FCAFC 85
DERRINGTON, CHEESEMAN AND JACKMAN JJ (311 FCR 408)
CONTRACTS – formation of contracts – intention to create legal relations – whether evidence of parties’ intending to be bound by terms – whether agreement as to sufficient terms CONTRACTS – formation of contracts – intention to be legally bound – underlying rationale for requirement to be legally bound – relevant principles – factors to be considered CONTRACTS – relevance of matters occurring after date of alleged contract – so called “post-contractual evidence” – relevance…
Status of Appeal to High Court - 6 November 2025 - HCA - Special leave refused with costs [2025] HCADisp 254
26 Jun 2025: Mizen v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 84
BANKS-SMITH, FEUTRILL AND VANDONGEN JJ (310 FCR 421)
MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal - whether primary judge erred by failing to find Tribunal misunderstood or misapplied a mandatory relevant consideration under Ministerial Direction 99 - ground of appeal not raised before primary judge - whether Tribunal is limited to assess risk of further criminal or other serious conduct based on appellant being present in Australia - no jurisdictional error found -…
Status of Appeal to High Court - 9 October 2025: HCA - Special leave refused [2025] HCADisp 224
18 Jun 2025: Merchant v Commissioner of Taxation (Costs) [2025] FCAFC 81
LOGAN, MCELWAINE and HESPE JJ
TAXATION – consequential orders and costs – where no party was entirely successful on appeal – where parties filed competing forms of order – where appellants made offer of settlement before trial – whether costs of trial and the appeal should be apportioned – held apportionment of costs is appropriate – outcome unaffected by settlement offer.
Status of Appeal to High Court - 9 October 2025: HCA - Special leave granted [2025] HCADisp 238
13 Jun 2025: HBSY Pty Ltd v Lewis (Costs) [2025] FCAFC 80
MARKOVIC, DOWNES AND KENNETT JJ (173 ACSR 398)
COSTS – where respondent successful in the appeal proceedings – where previous costs orders made
Status of Appeal to High Court - 9 October 2025: HCA - Special leave refused with costs [2025] HCADisp 235
30 Apr 2025: Roberts-Smith v Fairfax Media Publications Pty Ltd (Interlocutory Rulings) [2025] FCA 504
PERRAM J
PRACTICE AND PROCEDURE – where the respondents seek to strike out the appellant’s amended interlocutory application to re-open the evidence on his appeal which he filed one month after filing the initial application to re-open the evidence on his appeal and only three days before the hearing of that application – where some of the particulars in the amended notice of appeal attached to the application are not particularised – where the legal theory in the amended…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused with costs [2025] HCADisp 218
16 May 2025: Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal) [2025] FCAFC 67
PERRAM, KATZMANN AND KENNETT JJ (310 FCR 170)
DEFAMATION – where respondents published articles making imputations that appellant committed serious criminal offences including war crimes while fighting with Australian forces in Afghanistan – where imputations of appellant’s involvement in murders and related matters found to be substantially true – where primary judge upheld defence of contextual truth in relation to other imputations – where alleged inconsistencies in, and other difficulties with, aspects of evidence…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused with costs [2025] HCADisp 212
16 May 2025: Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) [2025] FCAFC 66
PERRAM, KATZMANN AND KENNETT JJ (310 FCR 141)
PRACTICE AND PROCEDURE – interlocutory application to reopen appeal after hearing of appeal and months after judgment had been reserved, to amend notice of appeal and to adduce further evidence to support additional grounds – where appellant alleged that new evidence showed that the trial miscarried by reason of wilful misconduct of one respondent and new trial should be ordered – where misconduct said to have consisted of improperly and unlawfully obtaining and retaining…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused with costs [2025] HCADisp 215
15 May 2025: Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65
COLLIER, SNADEN AND HATCHER JJ
INDUSTRIAL LAW – appeal from judgment of single judge – where court determined that appellant’s employees who performed shotfiring or related services at black coal mines were “eligible employee[s]” pursuant to Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) (“Administration Act”) – where statutory definition called up definition contained in award – where appellant divested itself in February 2022 of a separate business that provided services to…
Status of Appeal to High Court - 6 November 2025: HCA - Special leave granted [2025] HCADisp 255
14 May 2025: Mahommed v Cox [2025] FCA 469
MARKOVIC J
BANKRUPTCY AND INSOLVENCY – appeal from decision of primary judge to dismiss application for review of registrar’s decision to dismiss an application to set aside a bankruptcy notice – whether appellant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt – where judgment debt created by a costs order – appeal dismissed
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused [2025] HCADisp 182
5 May 2025: Kirkalocka Gold SPV Pty Ltd (Receivers and Managers Appointed) v Zenith Pacific (KLK) Pty Ltd [2025] FCAFC 62
BANKS-SMITH, O'BRYAN AND NESKOVCIN JJ (309 FCR 318)
BANKRUPTCY AND INSOLVENCY – where the appellant and respondent entered into a Power Purchase Agreement (PPA) for the respondent to construct a power plant at, and supply electricity to, the appellant’s mine site – where the respondent had not perfected its interest by registering a “security interest" in the “Zenith Power Plant” under the Personal Property Securities Act 2009 (Cth) (PPSA) before the appellant went into voluntary administration – where the primary judge found …
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused with costs [2025] HCADisp 203
1 May 2025: Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61
BUTTON, DOWLING AND YOUNAN JJ
CONTRACTS – where appellant’s accreditation was suspended at the respondent’s hospital – whether suspension decision was in breach of alleged contract between appellant and respondent – where finding of breach of contract not supported by the primary judge’s factual findings – where Notice of Appeal did not challenge primary judge’s factual findings – appeal dismissed PRACTICE AND PROCEDURE – application for adjournment of appeal hearing and leave to amend Notice of Appeal – …
Status of Appeal to High Court - 4 September 20205: HCA - Special leave refused [2025] HCADuso 174
29 Apr 2025: Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53
BURLEY, SARAH C DERRINGTON AND O'SULLIVAN JJ (310 FCR 64)
ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the first respondent allided with two berthed tugs owned by the appellant – where tugs sank and became wrecks – where appellant claims against the vessel owners for the costs of the recovery, removal and disposal of the tugs and bunker fuel…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave granted [2025] HCADisp 200
22 Apr 2025: Merchant v Commissioner of Taxation [2025] FCAFC 56
LOGAN, MCELWAINE AND HESPE JJ (309 FCR 144)
TAXATION – schemes to reduce tax pursuant to Part IVA of the Income Tax Assessment Act 1936 (Cth) – where vendor incurs a substantial capital loss on related party share sale but there is no effective alteration of control – whether primary judge erred in considering s 177D matters by considering the subjective intent of the scheme participants – whether primary judge failed to consider all objective purposes in the s 177D(2) analysis – held no error established. DIVIDEND…
Status of Appeal to High Court - 9 October 2025: HCA - Special leave granted [2025] HCADisp 238
22 Apr 2025: Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
O’CALLAGHAN, ABRAHAM AND BUTTON JJ (308 FCR 552; 174 ACSR 512 ; 427 ALR 505)
CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) operating a managed investment scheme as defined in s 9 of the Corporations Act 2001 (Cth) (the Act); and (ii) offering a financial investment facility as defined in s 763B of the Act – where primary judge made declarations that the…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave granted [2025] HCADisp 209
9 Apr 2025: CEG Direct Securities Pty Ltd v Cooper as liquidator of Runtong Investment and Development Pty Ltd (in liq) [2025] FCAFC 47
CHEESEMAN, GOODMAN AND MCEVOY JJ (309 FCR 66 ; 175 ACSR 568)
CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial property development to secure loan extended by second tier financier to two other companies – where issue arises as to the commercial relationship between the three companies – whether the transaction was relevantly for the benefit of…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused with costs [2025] HCADisp 196
4 Apr 2025: Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2025] FCAFC 45
LOGAN, DOWLING AND MCDONALD JJ
INDUSTRIAL LAW –– whether rostered stand-by duty is “work” under Air Pilots Award – whether rostered stand-by duty is paid work – whether Air Pilots Award provides for averaging of hours of work – whether authorised leave should be counted as ordinary hours – whether contractual set-off available – whether adequate reasons provided by primary judge – no error identified – appeal dismissed.
Status of Appeal to High Court - 7 August 2025: HCA - [2025] HCADisp 152
4 Apr 2025: Guss v Larkfield Industrial Estates Pty Ltd [2025] FCA 313
Button J
BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for review of judicial registrar’s decision to sequester appellant debtor’s estate and dismiss his application for extension of time to comply with bankruptcy notice and to stay or adjourn proceedings – where primary judge dismissed appellant’s application for discovery – where primary judge dismissed appellant’s oral applications for …
Status of Appeal to High Court - 4 September 2025: HCA - Special leave refused [2025] HCADisp 175
3 Apr 2025: Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2025] FCAFC 43
LEE, COLVIN AND STEWART JJ (308 FCR 153)
APPEAL – where appellant alleges breach of s 45 of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – where issue arises as to derivative Crown immunity – where similar ACCC proceedings in Federal Court of Australia failed by reason of derivative Crown immunity – where appellant appeals decision upholding ACCC proceedings construction of Crown immunity – appeal dismissed, notices of contention not upheld STATUTORY INTERPRETATION –…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave granted [2025] HCADisp 162
27 Mar 2025: Deripaska v Minister for Foreign Affairs [2025] FCAFC 36
WIGNEY, STEWART AND NESKOVCIN JJ (308 FCR 175)
STATUTORY INTERPRETATION – where the Autonomous Sanctions Act 2011 (Cth) and Autonomous Sanctions Regulations 2011 (Cth) impose restrictions on designated persons or entities – where it was common ground that regs 14 and 15 would impinge on the entrenched jurisdiction under s 75(v) of the Constitution – where the primary judge read down regs 14 and 15 as not applying to actions taken for the objective purpose of challenging the validity of decisions or actions taken under s…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave granted [2025] HCADisp 150
19 Mar 2025: Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
BURLEY, ROFE AND DOWNES JJ
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical composition where the active pharmaceutical ingredient is in the form of a complex in which the ions are associated by non-covalent bonds – no error shown PATENTS – extension of patent term – appeal against primary judge’s finding that the…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave refused with costs [2025] HCADisp 161
24 Mar 2025: Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
PERRAM, BROMWICH AND COLVIN JJ (308 FCR 514 ; 173 ACSR 604 ; 426 ALR 232)
PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of credit about a witness who would give further evidence at the penalties stage – where statutory regime required regard to be had to the contraventions and surrounding circumstances in determining penalty – HELD: by majority recusal not…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave granted [2025] HCADisp 141
24 Mar 2025: Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35
SNADEN, GOODMAN AND MCDONALD JJ
BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or caveat sufficed to prove that issuing of bankruptcy notice was an abuse of process – whether primary judge erred by not finding bankruptcy notice issued for ulterior purpose – whether primary judge erred by inferring freezing order might…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave refused [2025] HCADisp130
19 Mar 2025: Firstmac Limited v Zip Co Limited [2025] FCAFC 30
PERRAM, KATZMANN AND BROMWICH JJ
TRADE MARKS – appeal against decision that composite marks not deceptively similar to registered trade mark pursuant to s 120 of the Trade Marks Act 1995 (Cth) (TM Act) – whether stylised marks containing the registered trade mark and other words deceptively similar – appeal against decision to uphold defences against trade mark infringement of honest concurrent use under s 122(1)(f) and (fa) of the TM Act and use of own name in good faith s 122(1)(a) – whether respondents…
Status of Appeal to High Court - 4 September 2025: HCA - Special leave granted [2025] HCADisp 207
7 Mar 2025: AusNet Services Limited v Commissioner of Taxation [2025] FCAFC 21
LOGAN, THAWLEY AND KENNETT JJ (308 FCR 206)
TAXATION – where appellant was inserted into the ownership structure of three entities which had until then been a stapled group – where transactions occurred on the same day in a predetermined sequence – whether the primary judge erred in concluding that the final transaction was a scheme for reorganising affairs for the purposes of s 615-5(1)(c) of Income Tax Assessment Act 1997 (Cth) (ITAA97) – whether the primary judge erred in concluding that the ratios in 615-20(2) of…
Status of Appeal to High Court - 7 August 2025: HCA - Special leave refused with costs [2025] HCADisp 166
25 Feb 2025: Crawford v State of Western Australia [2025] FCAFC 18
MORTIMER CJ, STEWART AND O'BRYAN JJ (307 FCR 511)
CONSTITUTIONAL LAW - appeal - validity of provisions of the Children's Court of Western Australia Act 1988 (WA) and the Magistrates Court Act 2004 (WA) regarding performance of functions of magistrates appointed to both the Magistrates Court and Children's Court - whether primary judge erred in finding that the provisions do not undermine judicial independence of a dually appointed magistrate - each ground of appeal dismissed
Status of Appeal to High Court - 7 August 2025: HCA - Special leave refused with costs [2025] HCADisp 149
19 Feb 2025: Commissioner of Taxation v Bendel [2025] FCAFC 15
LOGAN, HESPE AND NESKOVCIN JJ (307 FCR 544)
TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of the Income Tax Assessment Act 1936 (Cth) - whether Tribunal failed to carry out its task
Status of Appeal to High Court - 12 June 2025: HCA - Special leave granted [2025] HCADisp 124
14 Feb 2025: Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd [2025] FCAFC 12
NICHOLAS, JACKSON AND ROFE JJ (184 IPR 27)
TRADE MARKS - validity - ownership - where primary judge found appellant (Cantarella) was not the owner of the ORO trade mark and ordered that registrations be cancelled pursuant to ss 88(1)(a) and 58 of the Trade Marks Act 1995 (Cth) ("the Act") - where primary judge found prior use of trade marks by third party (Molinari) - whether primary judge erred in accepting evidence of prior use given by witnesses - whether such evidence glaringly improbable or contrary to…
Status of Appeal to High Court - 12 June 2025: HCA - Special leave refused with costs [2025] HCADisp 126
12 Feb 2025: Impiombato v BHP Group Limited [2025] FCAFC 9
BEACH, LEE and O'BRYAN JJ (308 FCR 250 ; 173 ACSR 28 ; 427 ALR 410)
REPRESENTATIVE PROCEEDINGS - appeal from interlocutory decision regarding interpretation of group member definition - relevant principles concerning the interpretation of a pleading - no error in primary judge's conclusion demonstrated - appeal dismissed REPRESENTATIVE PROCEEDINGS - appeal from interlocutory order that amendments to the originating application and statement of claim, including amendments to the group member definition, take effect from the commencement of…
Status of Appeal to High Court - 12 June 2025: HCA - Special leave refused with costs [2025] HCADisp 122, [2025] HCADisp 123
7 Feb 2025: Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8
DERRINGTON, COLVIN AND MCEVOY JJ (308 FCR 308)
INSURANCE - liability insurance - composite policy held by Uniting Church of Australia covering all entities, persons and associations within it - cover sought in respect of liability to students of Knox Grammar School for sexual abuse by teachers - policies did not extend to cover claims arising from facts and circumstances of which the insured was aware prior to inception - Headmaster and School Council aware of investigator's report identifying sexual abuse of students…
Status of Appeal to High Court - 17 June 2025: HCA - [2025] HCATrans 46
31 Jan 2025: Commissioner of Taxation v Liang [2025] FCAFC 4
PERRAM, WHEELAHAN and HESPE JJ (307 FCR 1)
TAXATION - appeal from single judge decision quashing decision of the Administrative Appeals Tribunal to affirm objection decision made by Commissioner - where amount of unexplained deposits received by a trust assessed as ordinary income - where taxpayers' evidence that the deposits were loans or equity contributions from taxpayers' parents was rejected by the Tribunal - whether taxpayers discharged their onus of proof under s 14ZZK of the Taxation Administration Act 1953…
Status of Appeal to High Court - 12 June 2025: HCA - Special leave refused with costs [2025] HCADisp 117
31 Jan 2025: Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
SARAH C DERRINGTON, STEWART AND FEUTRILL JJ (307 FCR 308 ; 426 ALR 52)
ARBITRATION - investor-State arbitration under a bilateral investment treaty - originating application seeking recognition and enforcement of foreign arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) - interlocutory application to set aside the originating application on the basis of foreign State immunity
Status of Appeal to High Court - 12 June 2025: HCA - Special leave granted [2025] HCADisp 120
