Latest Judgments

Costs ; Damages
Kumar v Secretary, Department of Social Services [2019] FCA 735
COSTS - application for a lump sum costs order under r 40.02(b) of the Federal Court Rules 2011 (Cth) - dismissal of claim for relief under s 39B of the Judiciary Act 1903 (Cth) and related, associated damages claim - consequential application for vexatious proceedings order under s 37AO(1)(a) of the Federal Court of Australia Act 1976 (Cth) - relationship between assessment of a lump sum and principles of taxation of costs - where case involved extensive litigious history but no complex points of law - allowance of counsel's and solicitor's fees on a time costing basis - discussion of time based costing - costs awarded as a lump sum
22 May 2019 |  LOGAN J

Migration
Brahmbhatt v Minister for Immigration and Border Protection [2019] FCA 730
MIGRATION - application for an extension of time - lack of merit in proposed appeal - extension of time refused
15 May 2019 |  MURPHY J

Migration
CQI16 v Minister for Immigration and Border Protection [2019] FCA 718
MIGRATION - appeal against the dismissal of an application for judicial review in the Federal Circuit Court (FCC) of a decision by the Immigration Assessment Authority (IAA) to refuse to grant the Appellant a Safe Haven Enterprise (Class XE) Subclass 790 visa - whether the FCC erred in failing to find that the IAA misconstrued the law and asked the wrong question when considering whether there was a real chance that the Appellant would suffer harm - whether the FCC erred in failing to find that the conclusions reached by the IAA were not rationally open on the material it had accepted - whether the IAA committed jurisdictional error by not applying the correct test for internal relocation - appeal dismissed.
22 May 2019 |  WHITE J

Migration
ANG16 v Minister for Immigration and Border Protection [2019] FCA 738
MIGRATION - protection visa - un-particularised grounds of appeal - jurisdictional error - error of law - procedural fairness - appeal from Federal Circuit Court - appeal dismissed
21 May 2019 |  BEACH J

Migration
AAF18 v Minister for Home Affairs [2019] FCA 739
MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Immigration Assessment Authority affirming delegate's decision to refuse safe haven enterprise visa - where no jurisdictional error demonstrated - appeal dismissed
22 May 2019 |  COLVIN J

Migration
BKR16 v Minister for Immigration and Border Protection [2019] FCA 708
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - whether the primary judge erred in rejecting the submission that the Authority failed to consider appellant's claim - whether the Court should grant appellant leave to raise new ground on appeal - appeal dismissed
22 May 2019 |  MARKOVIC J

Migration
CTH18 v Minister for Home Affairs [2019] FCA 734
MIGRATION - appeal against the dismissal of an application for judicial review in the Federal Circuit Court (FCC) of a decision by the Immigration Assessment Authority (IAA) to affirm a decision to refuse to grant the Appellant a Safe Haven Enterprise (Subclass 790) visa - matters raised by the Appellant go to the underlying merits of the application - no recognised ground of jurisdictional error - no error identified in the FCC or IAA's reasons - appeal dismissed.
16 May 2019 |  WHITE J

Migration
CSR15 v Minister for Immigration and Border Protection [2019] FCA 736
MIGRATION - protection (class XA) visa - application for an extension of time to appeal - decision of Federal Circuit Court of Australia - application dismissed
21 May 2019 |  BEACH J

Migration
CKM16 v Minister for Immigration and Border Protection [2019] FCA 729
MIGRATION - application for an extension of time to appeal orders of the Federal Circuit Court of Australia - application dismissed
21 May 2019 |  BROMWICH J

Migration
DXM16 v Minister for Immigration and Border Protection [2019] FCA 733
MIGRATION - protection (Safe Haven Enterprise) visa - jurisdictional error - failure to take into account relevant considerations - procedural fairness - unreasonableness - illogicality or irrationality - appeal from Federal Circuit Court - appeal dismissed
20 May 2019 |  BEACH J

Migration
Larney v Minister for Home Affairs [2019] FCA 700
MIGRATION - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister for Home Affairs refusing the Appellant a partner visa - whether Tribunal misidentified information to be considered under Public Interest Criterion 4020 - whether Tribunal misconstrued Public Interest Criterion 4020 - whether Tribunal erred in finding that the Appellant had previously been in a de facto relationship and had provided information that was false or misleading in a material particular - appeal allowed
21 May 2019 |  KERR J

Corporations Law
Huang v PEEQ Global Education Pty Limited, in the matter of PEEQ Global Education Pty Limited [2019] FCA 722
CORPORATIONS - application by one of two directors of defendant company under ss 290 and 1324 of the Corporations Act 2001 (Cth) to compel defendant company to permit access to its financial records - where the defendant company has failed to provide access to its financial records despite repeated requests by director - whether it is appropriate that access be provided forthwith - whether it is appropriate that an order be made requiring continuing compliance by the defendant company with obligation under s 290(1) of the Corporations Act - application granted
20 May 2019 |  FARRELL J

Migration
BZL17 v Minister for Immigration and Border Protection [2019] FCA 704
MIGRATION - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming a decision of a delegate of the First Respondent refusing a protection visa - whether primary judge failed to consider the ground of review raised at first instance - appeal dismissed MIGRATION - leave to raise new grounds on appeal - where proposed grounds lack sufficient prospects of success - leave to rely on new grounds refused
21 May 2019 |  KERR J

Admirality ; Contracts ; Equity
Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2019] FCA 721
ADMIRALTY - demise charter - construction - nature of demise charter - warranty that vessel would be classed and surveyed to carry 800 passengers - where vessel had not been classed or surveyed at time of entry into charterparty - whether survey for maximum of 450 passengers breach of warranty CONTRACTS - notice to remedy breach - where notice conveys clear intention to terminate agreement if breaches of continuing obligations not remedied within specified time - where impossible to remedy past breaches - whether possible for party to remedy past breaches by acting "to put things right for the future" CONTRACTS - termination under contract or at common law - where multiple breaches of obligations and duties under joint venture agreement - where one party required to provide fortnightly financial reports and information to other - duties of trust and good faith and of making decisions jointly - duty not to unilaterally incur debts - duty to comply with taxation obligations - conditions, warranties and innominate terms - whether unremedied breach of innominate terms sufficiently serious to justify termination - whether multiple breaches by party evinced intention not to be bound EQUITY - joint venture - fiduciary duty - where party obliged to obtain survey and classification of vessel to carry 800 passengers informs other party that surveyor will only issue for lesser number and parties should do work later to bring vessel to standard for 800 passengers - where consequence is other party would lose guaranteed net profit entitlement under joint venture agreement - whether one party had fiduciary duty to inform other of potential loss of guarantee in advising course of action - whether conflict between interests of joint venturers - whether duty to inform of conflict of interests - whether party to joint venture agreement deemed to know its provisions
03 Apr 2019 |  RARES J

Migration
Pech v Minister for Home Affairs [2019] FCA 728
MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Administrative Appeals Tribunal affirming delegate's decision to refuse temporary partner visa - where appellant advanced submissions that the Court should engage in judicial activism - where no jurisdictional error demonstrated - appeal dismissed
21 May 2019 |  COLVIN J

Practice and Procedure ; Corporations Law
Fisher (trustee for the Tramik Super Fund Trust) v Vocus Group Limited [2019] FCA 712
PRACTICE AND PROCEDURE - representative proceeding - orders in aid of mediation - where parties jointly proposed that group members have option to opt out of the proceeding or to register their claim - where parties proposed that a group member who did not opt out and did not register would not be entitled to receive any benefit or monetary compensation from any settlement (to be approved by the Court) of the proceeding agreed at the mediation or within six months after the conclusion of the mediation, but would be bound by any such settlement including any releases given to the respondent - whether power to make proposed orders - whether orders appropriate in the circumstances
21 May 2019 |  MOSHINSKY J

Trade Marks
Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 720
TRADE MARKS - summary judgment - default judgment - trade mark infringement - meaning of foreign words - meaning and pronunciation of Chinese characters - use as a trade mark - summary judgment granted - application to dispense with r 4.01(2) of Federal Court Rules 2011 (Cth) - dispensation refused
03 May 2019 |  BEACH J