Latest Judgments

Migration ; Practice and Procedure
FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106
MIGRATION - whether the meaning of "a national" as appears in the definition of "receiving country" in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status - meaning does not apply in such a circumstance PRACTICE AND PROCEDURE - discretion of judge not to grant relief notwithstanding jurisdictional error being established - whether appeal governed by principles in House v The King [1936] HCA 40; 55 CLR 499 - error of principle established
24 Jun 2019 |  KERR, WHITE AND CHARLESWORTH JJ

Practice and Procedure ; Discrimination
Von Schoeler v Allen Taylor and Co trading as Boral Timber [2019] FCA 941
PRACTICE & PROCEDURE - application for security for costs of appeal - appellant impecunious - prospects of success in appeal - where Federal Circuit Court took six years to deliver judgment - where reasonably arguable appeal would be stifled by order for security for costs
17 Jun 2019 |  RANGIAH J

Corporations
Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited [2019] FCA 994
CORPORATIONS - consideration of whether the application for the winding up of the company ("TPC") filed by the applicant ("CDLI") ought to be heard separately from TPC's cross-claim - consideration of whether separating out the two proceedings and testing whether, on the basis of particular assumptions, those assumed matters would be a basis upon which the Court would refuse to make a winding-up order PRACTICE AND PROCEDURE - consideration of whether the application for the winding up of the company ("TPC") filed by the applicant ("CDLI") ought to be heard separately from TPC's cross-claim
24 Jun 2019 |  GREENWOOD J

Contempt of Court
Anderson v GPY18 [2019] FCA 954
CONTEMPT OF COURT - sentencing - contempt of the Australian Criminal Intelligence Commission - contempt punishable as contempt of Federal Court - respondent in contempt by refusing to take oath or make affirmation in examination - where respondent pleaded guilty - where respondent facing lengthy term of imprisonment for other offences - fixed term of imprisonment imposed
21 Jun 2019 |  BANKS-SMITH J

Migration
DNT17 v Minister for Home Affairs [2019] FCA 978
MIGRATION - application for leave to appeal and extension of time - where Federal Circuit Court of Australia dismissed application in a case seeking reinstatement of an application for judicial review - where Immigration Assessment Authority had affirmed the decision of a delegate to refuse to grant the applicant a Safe Haven Enterprise visa - whether proposed grounds of appeal have sufficient merit - application dismissed
24 Jun 2019 |  MARKOVIC J

Corporations Law
Banks v Galea [2019] FCA 986
CORPORATIONS - claim of misleading or deceptive conduct - where the claim relating to the corporation is sought to be struck out - whether the Court has jurisdiction to entertain the claim as pleaded - whether 'loss or damage' is pleaded - whether any oral agreement has been adequately pleaded - where the contract was pleaded to have been entered into prior to the registration of the company - s 131 of the Corporation Act 2001 (Cth) considered PRACTICE AND PROCEDURE - application to strike out paragraphs of the pleadings - amended statement of claim struck out - leave given to re-plead
24 Jun 2019 |  MCKERRACHER J

Corporations Law
Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Limited [2019] FCA 990

24 Jun 2019 |  ALLSOP CJ

Indutrial Law
Australian Licensed Aircraft Engineers' Association v Qantas Airways Limited [2019] FCA 989
INDUSTRIAL LAW - principles of construction of enterprise agreement - tenth agreement in series of enterprise and analogous agreements - role of industrial context and history - where context and history mutually known - where longstanding clause included in current and past enterprise agreements provided for recognition of new qualifications gained externally in specific circumstances only - where new clause added to current enterprise agreement allowed employer to recognise new qualifications gained externally in circumstances contrary to longstanding clause - whether employer contravened enterprise agreement by recognising employee's new qualifications under new clause
24 May 2019 |  RARES J

Corporaitons Law
Deputy Commissioner of Taxation v Melking Holdings Pty Ltd [2019] FCA 988
CORPORATIONS - application for review of decision of Registrar to wind up company on the basis of presumed insolvency - where application brought by director of company - where liquidators appointed - where company alleged abuse of process by reason that service of the statutory demand was not effected - consideration of the nature of the review of a Registrar's decision to wind up a company - consideration of s 459C and s 459Q of the Corporations Act 2001 (Cth) - where evidence that after alleged failure to comply particularised in the originating process the company failed to comply with the statutory demand - where presumption of insolvency applied - decision of Registrar affirmed PRACTICE AND PROCEDURE - application for leave to amend originating application to include evidence of service by other means and allege actual insolvency of the company - allowed in part
21 Jun 2019 |  COLVIN J