Latest Judgments

Corporations Law
Knight as liquidator of Wenshang Developing Pty Ltd (in liq) v Wenshang Developing Pty Ltd (in liq) [2024] FCA 1395
CORPORATIONS - application by liquidator under s 488(2) of the Corporations Act 2001 (Cth) for leave to distribute surplus funds in a winding up and related relief - orders made
29 Nov 2024 |  DERRINGTON J

Practice and Procedure ; Corporations Law
CIP Group Pty Ltd v So (No 5) [2024] FCA 1373
PRACTICE AND PROCEDURE - application to vary interlocutory order made following contested hearing - injunction over proceeds purportedly payable to respondents - variation sought to permit the release of funds to enable continued defence of proceedings - where there has been a material change in circumstances - value of undertaking given in support of injunction has diminished - injunction varied
04 Dec 2024 |  DERRINGTON J

Practice and Procedure ; Corporations Law
CIP Group Pty Ltd v So (No 4) [2024] FCA 1372
PRACTICE AND PROCEDURE - application for security for costs - where application brought six months after matter set down for trial - where existing undertaking to indemnify against costs needs to be considered - where undertaking is inadequate - where other persons who stand behind company and who may benefit from the litigation did not expose their assets to the risk of a cost order - reduced amount of security ordered
04 Dec 2024 |  DERRINGTON J

Migration
AZX21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1379
MIGRATION - application for extension of time to appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review - where applicant proposes to raise new ground of review on appeal - whether Immigration Assessment Authority made finding for which there was no evidence or which was irrational - application for extension of time dismissed
04 Dec 2024 |  DERRINGTON J

Migration
AIB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1384
MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review - whether Immigration Assessment Authority (IAA) acted illogically or irrationally in concluding that information was not "credible personal information" for s 473DD of the Migration Act 1958 (Cth) (the Act) - whether IAA failed to consider integers of claims or evidence - whether any failure to consider was material - whether IAA's reasoning in relation to second appellant's claims or evidence was illogical or irrational - whether IAA erred in failing to invite second appellant to interview under s 473DC of the Act - no jurisdictional error - appeal dismissed
04 Dec 2024 |  DERRINGTON J

Practice and Procedure ; Patents
Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (Costs) [2024] FCAFC 155
PRACTICE AND PROCEDURE - application for leave to appeal from costs orders made by trial judge - where trial judge made costs orders which differed from those proposed by the parties - application refused
04 Dec 2024 |  PERRAM, DOWNES AND O'SULLIVAN JJ

Competition ; Evidence ; Corporations Law
Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd [2024] FCA 1382
COMPETITION - misuse of market power - where applicant alleges respondents took advantage of substantial market power in the National Electricity Market (NEM) - where respondents engaged in late rebidding in the NEM - whether respondents took advantage of substantial market power to spike the spot price of electricity with the expectation or intention that other market participants would be unable or unlikely to respond competitively (Short-notice Rebidding) - whether respondents' conduct contravened s 46 of the Competition and Consumer Act 2010 (Cth) (CCA) COMPETITION - misuse of market power - defining the relevant market for purposes of s 46 of the CCA - design of the NEM - whether relevant market wider than Queensland region of the NEM COMPETITION - misuse of market power - whether respondents had a substantial degree of market power within meaning of s 46 of the CCA - competing economic approaches to assessment of substantial market power -nature of constraints within the NEM on substantial market powe
04 Dec 2024 |  SARAH C DERRINGTON J

Practice and Procedure ; Industrial Law
Moore v Barwon Health [2024] FCA 1387
PRACTICE AND PROCEDURE - application for leave to amend pleadings - application for leave to add individual respondents - leave to amend granted in part by consent - application to add individual respondents dismissed
25 Nov 2024 |  DOWLING J

Human Rights
Kingsbury v Melbourne City Mission [2024] FCA 1390
HUMAN RIGHTS -- application for leave to commence proceeding otherwise precluded by operation of s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) - where the applicant had lodged a complaint with the Australian Human Rights Commission concerning claimed discrimination against him on the basis of his age in connection with the provision of social housing - where the applicant's complaint to the Australian Human Rights Commission was terminated by a delegate of the President pursuant to ss 46PF(1)(b) and 46PH(1B) of the AHRC Act on the ground that it was lacking in substance - James v WorkPower Inc [2018] FCA 2083, followed - held: there is insufficient evidence to suggest that the applicant has a tenable claim of unlawful age-based discrimination - application for leave to bring a proceeding dismissed.
03 Dec 2024 |  WHEELAHAN J

Migration
Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 153
MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - non-revocation of visa cancellation - failure to satisfy character test - Tribunal bound by Ministerial Direction 99 issued under s 499 of Migration Act 1958 (Cth) - whether Tribunal erred by failing to give considerable weight to fact that appellant ordinarily resided in Australia during formative years - whether Tribunal erred by reducing weight attributable to fact that appellant started living and resided in Australia in formative years - appeal dismissed
04 Dec 2024 |  DERRINGTON, GOODMAN AND MCDONALD JJ

Costs ; Discrimination
Faruqi v Hanson (Costs) [2024] FCA 1389
COSTS - application for costs to be reduced by determination on a reduced scale - whether r 40.08 of the Federal Court Rules 2011 (Cth) applies - where the matter was in the nature of a test case for, and is important to, both parties - where a constitutional challenge was brought against the operative statutory provision - proceeding appropriately brought in this Court - application dismissed
04 Dec 2024 |  STEWART J