Latest Judgments

Corporations Law ; Representative Proceedings
Goodwin v HBCA Pty Ltd [2022] FCAFC 166
REPRESENTATIVE PROCEEDINGS - application for leave to appeal - where primary judge made order for security for costs - where incomplete evidence adduced before the primary judge as to the inability to finance the conduct of the proceeding - discussion of Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462; (2019) 369 ALR 512 - no arguable error identified sufficient to warrant a grant of leave to appeal - no real point of principle raised - application dismissed
26 Sep 2022 |  MIDDLETON, LEE AND DERRINGTON JJ

Taxaton
Deputy Commissioner of Taxation v GTGF Australia Ltd (receivers and managers appointed) [2022] FCA 1148
TAXATION - interlocutory application for summary judgment on taxation debts - notices of assessment in respect of assessed taxation debts and administrative penalties are conclusive - running balance account statements confirmed by certificates are prima facie correct - no defences with reasonable prospects of success raised - summary judgment entered
26 Sep 2022 |  STEWART J

Criminal Law
Nicolson v Naizmand [2022] FCA 1108
CRIMINAL LAW - control orders - application for interim control order (ICO) pursuant to s 104.04 of the Criminal Code (Cth) - ICO not opposed, and most controls sought not opposed, without conceding they meet, on the balance of probabilities, the test of being reasonably necessary, and reasonably appropriate and adapted for the purposes identified in s 104.4(1)(d) - determination of whether the basis for the ICO is made out; adjudication on whether each of the disputed controls meet the test Held: application granted
20 Sep 2022 |  BROMWICH J

Migration
BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1146
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant protection visas - denial of procedural fairness by Tribunal - failure to put applicants on notice of conclusion that reports to police were fraudulent - breach of s 425 of the Migration Act 1958 (Cth) error of law - appeal allowed - decision of the Tribunal quashed - remitted to Tribunal for determination according to law.
26 Sep 2022 |  MCEVOY J

Discovery
Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (No 3) [2022] FCA 1147
DISCOVERY - second defendant's application for discovery of documents relating to separate administrative proceedings conducted by plaintiff in respect of a former director of the first defendant - application opposed by plaintiff on the basis that the documents sought were not "directly relevant" to the issues in the present proceeding as required by r 20.14 of the Federal Court Rules 2011 (Cth) - issue of admissibility under s 91 of the Evidence Act 1995 (Cth) - consideration of Lander J's judgment in Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (Formerly Pirelli Cavi E Sistemi Energia S.P.A.) & Ors (No 4) (2012) 298 ALR 251; [2012] FCA 1323 - no legitimate forensic purpose for seeking discovery established - application dismissed with costs
28 Jul 2022 |  WIGNEY J

Human Rights
Abraham v Housing Authority [2022] FCA 1145
HUMAN RIGHTS - urgent application for injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) - pending application in Magistrates Court of Western Australia - complaint of alleged racial discrimination made to Australian Human Rights Commission - purpose of s 46PP - preservation of effectiveness of Commission's processes - serious question to be tried - balance of convenience - form of injunction - issues of judicial comity - injunction granted
16 Sep 2022 |  JACKSON J