Latest Judgments

Corporations Law
Coeur De Lion Investments Pty Limited v The President's Club Limited [2020] FCA 462
CORPORATIONS - consideration of an application to restrain the respondents from conducting a meeting of shareholders of the first respondent on 8 April 2020
07 Apr 2020 |  GREENWOOD J

Corporations Law
Coeur De Lion Investments Pty Limited v The President's Club Limited [2020] FCA 456
CORPORATIONS - consideration of an application for leave to appeal from orders of the Court dismissing an application for an interlocutory injunction restraining the respondent from engaging in conduct said to involve the respondent company financially assisting a person to acquire shares in the corporation in contravention of s 260A(1) of the Corporations Act 2001 (Cth) - consideration of an application for an injunction pending the determination of the appeal - consideration of an application to restrain the respondent from conducting a meeting of shareholders of the respondent on 8 April 2020
07 Apr 2020 |  GREENWOOD J

Migration ; High Court and Federal Court ; Constitutional Law ; Statutory Interpretation ; Private International Law ; Family Law ; Statutes ; Administrative Law ; Evidence ; Practice and Procedure
McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 416
MIGRATION - applicant in immigration detention - Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Minister) decided not to revoke cancellation of applicant's absorbed person visa - applicant born in Cook Islands - applicant claims he is an Aboriginal Australian - applicant claims he is an Australian citizen - application for relief in the nature of a writ of habeas corpus - whether applicant is lawfully detained under s 189(1) of the Migration Act 1958 (Cth) (Migration Act) - meaning of "an officer" - inference of officer's suspicion - presumption of continuance - reasonableness of suspicion HIGH COURT AND FEDERAL COURT - original jurisdiction of Federal Court of Australia - s 476A(1) of the Migration Act - whether exercise of power under s 189(1) of the Migration Act is a "decision" - original jurisdiction to review administrative action under s 189(1) - residual original jurisdiction to determine whether s 189(1) is capable of validly applying to the applicant CONSTITUTIONAL LAW - powers of Commonwealth Parliament - power to make laws with respect to naturalisation and aliens - Love v Commonwealth of Australia [2020] HCA 3 - applicant self-identifies as Aboriginal - applicant recognised by elder as member of Aboriginal community - no evidence of biological descent - mode of proving biological descent - whether applicant satisfies tripartite test for Aboriginality in Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 CITIZENSHIP - applicant born in Cook Islands - applicant arrived in Australia at age 7 - applicant adopted in Queensland at age 8 - applicant's birth registered in Queensland at the same time - s 31(2) of the Adoption of Children Act 1964 (Qld) deemed applicant's "domicile of origin" to be domicile of adopters at time of adoption - whether applicant was "born in Australia" - applicant enrolled on Commonwealth electoral roll in 1986 - applicant voted in 1987 Australian federal election - applicant issued an Australian passport in 2017 - presumption of regularity - whether the applicant is an Australian citizen STATUTORY INTERPRETATION - "born in Australia" - s 10(1) of Australian Citizenship Act 1948 (Cth) - ordinary meaning of "birth" - reading of Act as a whole - reading statutory provision in harmony with other provisions PRIVATE INTERNATIONAL LAW - domicile of origin - concept at common law - whether concept equates to place of birth - statutory modification to concept FAMILY LAW AND CHILD WELFARE - adoption - policy underpinning adoption order - effect of adoption order - whether adoption order deems adopted child to have same citizenship status as adoptive parents STATUTES - Commonwealth Electoral Act 1918 (Cth) - persons entitled to enrolment on Commonwealth electoral roll and to vote - Australian Passports Act 2005 (Cth) - entitlement to be issued an Australian passport ADMINISTRATIVE LAW - habeas corpus - jurisdiction of Federal Court of Australia - history, nature and effect of remedy - proper respondent - onuses of proof - whether Minister presented prima facie justification for restraint - whether applicant satisfied initial evidential onus in relation to claim of Aboriginality - whether Minister proved lawfulness of applicant's detention EVIDENCE - hearsay - business records - s 69(3) of the Evidence Act 1995 (Cth) - whether records of Department of Home Affairs were prepared or obtained for the purpose of conducting, or in contemplation of, this proceeding PRACTICE AND PROCEDURE - Notices of a Constitutional Matter under s 78B of the Judiciary Act 1903 (Cth) - whether "reasonable time" elapsed since giving of notices for consideration by Attorneys-General Held: Federal Court of Australia does not have original jurisdiction to directly review lawfulness of applicant's detention - however, applicant is a person to whom s 189(1) of the Migration Act may validly apply - applicant is not an Australian citizen - applicant failed to prove that he is Aboriginal Australian under tripartite test in Mabo (No 2) - applicant is an alien for the purposes of s 51(xix) of the Constitution
07 Apr 2020 |  ANDERSON J

Practice and Procedure ; Intellectual Property
Taylor v Killer Queen LLC [2020] FCA 444
PRACTICE AND PROCEDURE - application for an order pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) that all issues of liability be heard separately from and prior to all other issues in the proceeding - whether just and convenient to make the order - whether the order will contribute to a saving in time and costs - whether there will be any overlap between the evidence adduced in relation to liability and quantum and the effect of such an overlap - whether the order will increase prospects of settlement - application allowed
07 Apr 2020 |  MARKOVIC J

Corporations Law
Goyal (liquidator), in the matter of OLI 1 Pty Ltd (in liq) [2020] FCA 450
CORPORATIONS - application made by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into a funding agreement - whether it is a proper exercise of the liquidators' powers - application allowed
07 Apr 2020 |  MARKOVIC J