Latest Judgments

Practice and Procedure
Jorgensen v Jorgensen [2019] FCA 1742
PRACTICE AND PROCEDURE - refusal to order that interlocutory application lodged with Registry be accepted for filing where previous orders restricted filing of new application until determination of current proceeding or further Order - current substantive proceedings concern application under s 37AO Federal Court of Australia Act 1976 (Cth) - whether issues raised in interlocutory application relevant to substantive issues in current s37AO proceedings - principles of case management - refusal of order in course of case management hearing - parties given opportunity to make submissions - where previous application raising similar substantive issues was discontinued - principles relevant to s 37AO - "liberty to apply" - cross-examination of lawyer refused - application to vacate trial date refused
21 Oct 2019 |  COLLIER J

Migration
Thapaliya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1741
MIGRATION - Class EN Subclass 186 visa - cancellation - construction of s 140 of the Migration Act - whether the appellant's visa was automatically cancelled pursuant to s 140(1) as a result of the cancellation of his ex-wife's visa - whether appellant held visa because of being a member of the family unit - whether the appellant had standing
23 Oct 2019 |  COLLIER J

Intellectual Property
Douglas v Racing Victoria Limited [2019] FCA 1745
INTELLECTUAL PROPERTY application for extension of time in which to bring appeal whether delay attributed to misapprehension of appeal limitation period claims of illness and financial hardship in obtaining representation - merits of appeal - extension of time granted
01 Oct 2019 |  ANASTASSIOU J

Practice and Procedure ; Bankruptcy
Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas [2019] FCA 1724
PRACTICE AND PROCEDURE - summary judgment - no reasonable prospect of successfully prosecuting proceeding. BANKRUPTCY - application seeking orders declaring bankruptcy invalid - validity of sequestration order challenged - no reasonable prospect of successfully prosecuting proceeding - application summarily dismissed.
21 Oct 2019 |  WHEELAHAN J

Practice and Procedure ; Corporations Law
Melwani v Touch Gold Enterprises Pty Ltd [2019] FCA 1743
PRACTICE AND PROCEDURE - interlocutory application for freezing orders - no properly articulated cause of action - application dismissed.
22 Oct 2019 |  WHEELAHAN J

Industrial Law
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) (No 2) [2019] FCA 1737
INDUSTRIAL LAW - where union officials entered site "pursuant to" s 81(3) of the Workplace Health and Safety Act 2011 (Qld) - where union officials did not produce entry permits under the Fair Work Act 2009 (Cth) - whether s 81(3) of the Workplace Health and Safety Act 2011 (Qld) creates a "State or Territory OHS right" within the meaning of s 494 Fair Work Act 2009 (Cth) - alleged contraventions of ss 494, 497 and 500 of the Fair Work Act 2009 (Cth)
23 Oct 2019 |  COLLIER J

Industrial law
Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181
INDUSTRIAL LAW - Fair Work Act 2009 (Cth) s 351(1) - adverse action - mental disability - whether prolonged failure to attend work a manifestation of Appellant's disability - consideration of Shizas v Commissioner of Police [2017] FCA 61; 268 IR 71 - not a manifestation - no adverse action because of Appellant's disability INDUSTRIAL LAW - Fair Work Act 2009 (Cth) s 351(1) - adverse action - mental disability - mental process of decision-maker - where decision-maker did not know whether or not Appellant was ill and believed he was not- where decision maker did not perceive failure to attend work to be a manifestation of Appellant's disability - no adverse action because of Appellant's disability INDUSTRIAL LAW - Fair Work Act 2009 (Cth) s 351(2)(b) - adverse action - mental disability - whether employee could not perform inherent requirement of employment - Appellant unwilling or unable to perform duties - no adverse action because of Appellant's disability INDUSTRIAL LAW - Fair Work Act 2009 (Cth) s 545 - adverse action - mental disability - compensation order - likelihood of return to work - refusal to attend independent medical examination an alternative and sufficient reason for termination - no economic loss sustained
23 Oct 2019 |  KERR, O'CALLAGHAN AND THAWLEY JJ

Corporations Law
Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liq) [2019] FCA 1720
CORPORATIONS - debts or claims provable in winding up pursuant to s 553 of the Corporations Act 2001 (Cth) - rejection of proofs of debt by liquidator - appeal against liquidator's rejection pursuant to s 1321 of the Corporations Act 2001 (Cth) (repealed) - hearing de novo CORPORATIONS - continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) - application of ASX Listing Rules 3.1 and 3.1A - meaning of persons who commonly invest in securities -whether a reasonable person would expect certain forecast earnings information to have a material effect on the price or value of the company's shares pursuant to s 677 of the Corporations Act 2001 (Cth) - whether s 674(2) of the Corporations Act 2001 (Cth) contravened by the company's failure to disclose such information - whether breach caused the share price to be inflated - whether market-based causation theory applicable to prove that the breach caused the plaintiffs' loss - whether relief available under s 1317HA of the Corporations Act 2001 (Cth)
18 Oct 2019 |  FOSTER J