Browse Federal Court Judgments

Published in the last week

In order of publication date with most recent additions at the top.


Practice and Procedure
Electoral Commissioner of Australian Electoral Commission v Wharton (No 2) FCA 390
PRACTICE AND PROCEDURE - interlocutory application for leave to amend originating application - where amendment is to cure an obvious error - leave granted - objection by respondent to jurisdiction of the Court and to legislative competence of Commonwealth Parliament - where respondent is a member of a particular Aboriginal clan - where notice required by s 78B Judiciary Act 1903 (Cth)
LOGAN J - 3 MARCH 2021


Practice and Procedure ; Intellectual Property
BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd (No 2) [2021] FCA 382
PRACTICE AND PROCEDURE - application to set aside orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) requiring Prospective Respondents to make preliminary discovery - Prospective Applicant commenced substantive proceedings before the Prospective Respondents complied fully with the preliminary discovery orders - application dismissed.
WHITE J - 13 APRIL 2021


Defamation ; Practice and Procedure ; Damages
Murphy v Nationwide News Pty Ltd [2021] FCA 381
DEFAMATION - proceeding against journalist and publisher of The Daily Telegraph in respect of two publications - applicant a high profile solicitor specialising in criminal law - five imputations alleged to have been conveyed - one imputation found to have been conveyed - journalist alleged applicant was incapable of representing his clients' interests in court by reason of the ravages of age and associated deafness - consideration of any "variant" imputation - no such thing as a separate "Hore-Lacy defence" - justification defence - whether imputation was substantially true - applicant's absence of appearance in court one of choice not because of being unable to appear - defence unsuccessful PRACTICE AND PROCEDURE - referee appointed to inquire into and report on hearing of applicant - referee reports adopted - efficient use of court time DAMAGES - where applicant sought general damages for non-economic loss - where applicant sought aggravated damages - assessment of general damages - where alleged unjustifiable conduct said to support award of aggravated damages - no circumstances either individually or in a combination sufficient to warrant aggravated compensatory damages
LEE J - 19 April 2021


Migration
WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55
MIGRATION - appeal from single Judge dismissing application for review of decision of Administrative Appeals Tribunal to refuse to revoke mandatory cancellation of visa on character grounds under s 501A of the Migration Act - proper construction of ss 197C and 198 of the Migration Act - consistency of Ministerial Direction 79 with s 197C, considered - meaning of indefinite detention - appeal dismissed
KENNY, MORTIMER AND ABRAHAM JJ - 19 April 2021


Corporations Law
Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354
CORPORATIONS - financial products offered by first defendant and entities associated with second defendant - whether certain entities provided financial services or financial products without a financial services licence - whether financial products offered by entities associated with second defendant had similar features and are "inherently problematic" or "fatally flawed" - whether new investors' funds were used to repay redemptions promised to old investors - whether offering of certain financial products entailed misleading and deceptive conduct - whether certain entities provided financial services to a "retail client" without complying with requirements in Chapter 7 of the Corporations Act 2001 (Cth) - whether certain financial products launched by second defendant to circumvent orders of this Court in proceeding VID 228 of 2020 CORPORATIONS - whether second defendant was "directing mind and will" of the relevant corporate entities - whether second defendant involved in contraventions under s 79 of the Corporations Act 2001 (Cth) and s 12GBCL of the Australian Securities and Investments Commission Act 2001 (Cth) CORPORATIONS - final relief - injunctions - whether jurisdiction enlivened under ss 1101B and 1324 of the Corporations Act 2001 (Cth) - jurisdiction enlivened CORPORATIONS - final relief - whether orders should be made permanently restraining second defendant from engaging in certain activities in relation to financial products Held: orders made restraining second defendant from engaging in certain activities for a period of 20 years
ANDERSON J - 19 April 2021


Practice and Procedure ; Trade Marks
Martin & Pleasance Pty Ltd v A Nelson & Co Limited [2021] FCA 368
PRACTICE AND PROCEDURE - application for stay of interlocutory judgment - whether appeal would be rendered nugatory without a stay - whether the balance of harm to the applicant outweighed the harm to the respondent in favour of a stay - whether leave application to be heard concurrently with or immediately before appeal - whether hearing of leave application and appeal to be expedited - whether applicant had an arguable case - relevant principles regarding whether a stay of the judgment should be granted
WIGNEY J - 30 March 2021


Migration
BQHJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 372
MIGRATION - judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) - where Minister's delegate refused to exercise the discretion to revoke cancellation of the applicant's visa - whether the Tribunal failed to consider and/or made legally unreasonable findings as to evidence of psychologists - where Tribunal preferred evidence of another psychologist - whether the Tribunal failed to consider evidence relevant to non-refoulement obligations - whether evidence was a relevant consideration - where Tribunal addressed the claim as made - application dismissed
LOGAN J - 16 APRIL 2021


Migration
YYPP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 379
MIGRATION - Application for review of a Migration Decision of the Administrative Appeals Tribunal for non-revocation of mandatory cancellation of Class TY Subclass 444 Special Category (Temporary) visa - whether legal error contained in decision of tribunal - no legal error - application dismissed.
DAVIES J - 13 April 2021


Practice and Procedure
Drummond v Canberra Institute of Technology [2021] FCA 376
PRACTICE AND PROCEDURE -- application for interim suppression order of judgment of Federal Circuit Court pending hearing and determination of application for extension of time for leave to appeal an interlocutory judgment of that Court in which no such order was made -- where no formal application made to the Federal Circuit Court and where judgment already published on the internet --on assumption that this Court has jurisdiction, whether there is power to make the order and, if so, whether it should be exercised
KATZMANN J - 16 APRIL 2021


Criminal Law
Booth v Thorne [2021] FCA 380
CRIMINAL LAW - application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) - whether pre-conditions in s 104.4(1) are satisfied - whether controls reasonably necessary and reasonably appropriate and adapted - application granted
ANASTASSIOU J - 5 MARCH 2021


Migration
ADA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 371
MIGRATION - protection visa - appeal from decision of the Federal Circuit Court of Australia - application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) - where AAT affirmed decision of first respondent to refuse application for a protection visa - whether the primary judge erred in finding that the AAT did not fail to consider and deal with an essential element of the appellant's claims - whether the primary judge erred in finding that the AAT did not fail to consider the appellant's claim that she had a well-founded fear of persecution as a member of a particular social group - appeal dismissed
ALLSOP CJ - 16 APRIL 2021


Corporations Law
Brooks, in the matter of Mezethes Salamanca Pty Ltd (Subject to Deed of Company Arrangement) v Mezethes Salamanca Pty Ltd [2021] FCA 378
CORPORATIONS - deed of company arrangement - proceeding commenced by deed administrator seeking termination of deed and appointment as liquidator - interlocutory application by respondent to vacate hearing of proceeding and convene meeting of creditors to consider offer of additional funding as alternative to liquidation - no prejudice to deed administrator or administration - application allowed
O'CALLAGHAN J - 12 APRIL 2021


Superannuation
Rushton v Commonwealth Superannuation Corporation (No 3) [2021] FCA 358
SUPERANNUATION - financial services - superannuation complaints - Australian Financial Complaints Authority (AFCA) given powers to determine superannuation complaints under s 1055 Corporations Act 2001 (Cth) - where AFCA required to decide whether superannuation trustee's decision operated unreasonably or unfairly - where applicant married to, but had separated from, member (now deceased) of the Public Sector Superannuation Scheme - where applicant sought to qualify for a reversionary pension under scheme rules - where applicant and deceased had children - where applicant lived in separate premises from, but provided daily care to, deceased and children during final stages of her illness - whether applicant and deceased were living together as husband and wife - where applicant granted carer's pension to enable him to care for deceased - whether applicant wholly or partly dependent on deceased at the time of her death - where trustee determined applicant did not qualify for reversionary pension - where AFCA affirmed the decision of trustee - whether AFCA made jurisdictional or other error in affirming decision of trustee - held: AFCA did not make any error in determining complaint.
RARES J - 16 April 2021


Migration
Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 375
MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal upheld decision of delegate of the Minister to refuse the applicant's citizenship application - objection to competency of the application - application dismissed for lack of competency
BURLEY J - 16 April 2021


Consumer Law
Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367
CONSUMER LAW - alleged contraventions of ss 18, 29 and 33 or 34 of the Australian Consumer Law (ACL) - whether particular users of mobile devices were misled or likely to be misled into thinking that with the Location History setting "off" and Web & App Activity setting "on" Google LLC would not obtain, retain and use personal data about a user's location - consideration of users setting-up a Google Account, users wanting to turn Location History "off" and users considering whether to turn Web & App Activity "off" - whether Google Australia Pty Ltd passed on the representations made by Google LLC - alleged contraventions of ss 18, 29 and 34 of the ACL by Google LLC and Google Australia Pty Ltd partially made out
THAWLEY J - 16 APRIL 2021


Migration
DHJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 364
MIGRATION - appeal from Federal Circuit Court - whether primary Judge erred in finding that the Immigration Assessment Authority did not fail to exercise its jurisdiction by not taking into account a submission of the appellant - interpretation of Practice Direction for Applicants, Representatives and Authorised Recipients - whether Authority incorrectly applied the five page limit in the Practice Direction in rejecting a submission of the appellant - whether primary Judge erred in finding no misinterpretation of Practice Direction by the Authority
COLLIER J - 16 April 2021


Practice and Procedure
Morsman by his litigation representative Bampton v State of Victoria (Department of Education and Training) [2021] FCA 374
PRACTICE AND PROCEDURE - approval of proposed agreement for the settlement of a proceedings conducted by a litigation representative on behalf of Applicant - whether prior involvement of lawyer providing advice precludes reliance upon that advice
KERR J - 16 April 2021


Migration
Aitchison v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 357
MIGRATION - review of a decision of the Administrative Appeals Tribunal to affirm a decision of the Minister's delegate under s 501CA of the Migration Act 1958 (Cth) - visa cancelled under s 501(3A) of the Act on grounds of substantial criminal record - whether jurisdictional error by the Tribunal in the use of statistics concerning recidivism in its consideration of the likelihood of the Applicant engaging in further criminal or other serious conduct - application dismissed.
WHITE J - 15 april 2021


Practice and Procedure
Pekar, in the matter of Pekar [2021] FCA 362
PRACTICE AND PROCEDURE - application by a person subject to a vexatious proceedings order for leave to institute a proceeding - proposed proceeding seeks to appeal the vexatious proceedings order and summary dismissal of applicant's claims - where applicant failed substantially to comply with s 37AR(3) - where applicant has a history of commencing proceedings against respondents in connection with the same subject matter - where proposed appeal seeks to re-litigate claims for damages previously determined by the Court - application of Anshun estoppel, issue estoppel and res judicata - proposed proceeding vexatious - application dismissed.
WHEELAHAN J - 15 April 2021


Bankruptcy
Burnett v Browne (No 2) [2021] FCA 373
BANKRUPTCY - practice and procedure - further application to appoint litigation representative - application dismissed
O'CALLAGHAN J - 15 April 2021


Evidence
McNickle v Huntsman Chemical Company Australia Pty Ltd (Expert Evidence) [2021] FCA 370
EVIDENCE - class action concerning the alleged carcinogenic effects of Roundup - allegation that scientific opinion skewed or manipulated by respondent - no referee appointed - consideration of methods for adducing expert evidence - expert evidence to be adduced in ordinary way - orders made to safeguard the impartiality of experts - whether orders unfair on respondent - applicant's experts prior involvement in similar proceedings - respondents' intention to object to evidence of experts nominated by applicant - whether applicant's experts bring "entrenched and already expressed opinions" or are likely to "express opinions in the same or similar terms to the opinions they have already expressed" - whether advance ruling appropriate pursuant to s 192A of Evidence Act 1995 (Cth) - opposed by applicant - whether perceived lack of independence and impartiality goes to issues of admissibility or simply weight - inappropriate to proceed to advance ruling when not embraced by both parties
LEE J - 11 March 2021


Consumer Law
Australian Competition and Consumer Commission v Smart Corporation Pty Ltd (No 3) [2021] FCA 347
CONSUMER LAW - application for remedies under the Australian Consumer Law - respondent company in business of hiring out four wheel drive vehicles - knowing involvement of second and third respondents CONSUMER LAW - misleading or deceptive conduct - false or misleading representations - website and certain emails represented that vehicles were fully insured - vehicles not fully insured - contract term giving discretion to first respondent not to make claim against insurer even if vehicle insured and instead claim damage from hirer - finding that respondents had engaged in misleading or deceptive conduct CONSUMER LAW - unfair contract terms - contract term permitted first respondent to track hire vehicles by global positioning system (GPS) - GPS data used to create reports alleging that hirers had engaged in driving behaviour which caused 'excessive wear and tear' - contract term allowing first respondent to deduct $500 from hirers' bonds per incident - contract term giving discretion to first respondent not to make claim against insurer even if vehicle insured and instead claim damage from hirer - contract term providing that hirers must not denigrate first respondent in any way after hire period had expired - terms found to be unfair CONSUMER LAW - unconscionable conduct - bonds retained after hire - aggressive emails advising customers of bond retention - emails threatened customers with litigation, referral to authorities on basis of GPS data - emails intended to intimidate customers into not challenging the retention of the bonds - conduct found to be unconscionable CONSUMER LAW - remedies - declarations including that contract terms are unfair - penalties - unknowable number of contraventions - course of conduct - non-party consumer redress orders
JACKSON J - 15 April 2021


Migration
EBE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 353
MIGRATION - appeal from a decision of the Federal Circuit Court ("the FCC") dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether Authority's decision under s 473DC of the Migration Act 1958 (Cth) was legally unreasonable - where appellant had relied on four affidavits in earlier proceeding before the FCC concerning a prior decision of a differently constituted Authority - whether Authority should have exercised discretion to get affidavits or other information from appellant - whether FCC erred in holding that decision not legally unreasonable - no error demonstrated - appeal dismissed
NICHOLAS J - 15 April 2021


Practice and Procedure ; Consumer Law
Aiguille Pty Ltd v Caffissimo Holdings Pty Ltd as Trustee for the Caffissimo Franchising Unit Trust [2021] FCA 361
PRACTICE AND PROCEDURE - jurisdiction to hear matter transferred from State Supreme Court - amendments sought to cross-claim after transfer to include federal claims - jurisdiction to hear matter established PRACTICE AND PROCEDURE - interlocutory application for two proceedings to be tried at the same time - relevant factors in determining whether appropriate for proceedings to be tried at the same time - no substantial overlap of issues - some witnesses common to both matters - potential for outcome of one matter to impact quantum of damages in the other matter - one matter to be heard immediately after the other
JACKSON J - 15 April 2021


Practice and Procedure ; Bankruptcy
Aravanis (Trustee) v Twin Investors Pty Ltd, in the matter of the Bankrupt Estate of Kapp (Standing of Third Respondent) [2021] FCA 359
PRACTICE AND PROCEDURE - application for leave to appear - where bankrupt joined as Third Respondent and sought to appear on behalf of family trust - effect of joinder order - application for adjournment of hearing - application to recall interlocutory order
PERRAM J - 6 APRIL 2021


Practice and Procedure ; Migration
BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355
PRACTICE AND PROCEDURE - application for an extension of time to file a notice of appeal from a decision of the Federal Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) - where delay due to Covid-19 pandemic and applicant's mental illness - whether proposed grounds of appeal lack sufficient merit - extension of time granted MIGRATION - application for an extension of time to file a notice of appeal from a decision of the Federal Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) - where primary judge dismissed application for judicial review of orders made by the Federal Circuit Court of Australia dismissing an application pursuant to s 477(2) for an extension of time to file an application for judicial review of a decision of the Refugee Review Tribunal - where Refugee Review Tribunal affirmed decision to refuse applicant a protection visa - where Federal Circuit Court judge reasoned that given the significant delay it would only be in the interests of the administration of justice to grant an extension if the applicant's case was exceptional - whether Federal Circuit Court judge made a jurisdictional error - extension of time granted
ALLSOP CJ - 13 APRIL 2021


Practice and Procedure ; Human Rights
Kitoko v University of Technology Sydney [2021] FCA 360
PRACTICE AND PROCEDURE - interlocutory applications by applicant for default and summary judgment - interlocutory applications by ten respondents for summary judgment and strike out - whether proceeding is not maintainable because of issue estoppel or Anshun estoppel - where issues finally determined by other courts - whether proceeding is an abuse of process - whether applicant has no reasonable prospects of success - whether applicant's pleading is frivolous or vexatious - summary judgment entered in favour of each respondent - applicant's interlocutory applications dismissed
GRIFFITHS J - 15 April 2021



Bucovaz v OT Markets Pty Ltd [2021] FCA 351
CORPORATIONS - interlocutory application for leave to continue proceedings against companies in liquidation - insurance policy might provide an indemnity in respect of the alleged liability - leave granted subject to condition PRACTICE AND PROCEDURE - parties - joinder - interlocutory application to join insurer and managing agent as respondents - insurer and managing agent joined as
KENNY J - 13 April 2021


Costs ; Insurance
Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance (No 2) [2021] FCAFC 53
COSTS -- application to vary costs order in relation to determination of separate question -- where orders made for costs to be in cause -- where applicant raised concerns as to utility of separate question -- where terms of separate question reformulated by Court to address parties' concerns -- where both parties unsuccessful in determination of separate question -- application dismissed
BESANKO, DERRINGTON AND COLVIN JJ - 14 April 2021


Migration
BAB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 342
MIGRATION -- appeal from orders made by the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision made by the Immigration Assessment Authority -- where the Authority affirmed a decision of a delegate of the Minister to refuse to grant a Safe Haven Enterprise visa to the appellant -- where the appellant claims protection on the basis that he has an adverse political profile with the authorities in Iran -- whether an issue arose as to the application of s 5J(3) of the Migration Act 1958 (Cth) -- where the Authority found that the appellant did not have any intention to partake in political activity beyond protests akin to those in which he had previously taken part or to express his dissatisfaction with the regime more forcefully that he had in the past -- where the Authority relied on statements in DFAT Report of 2016 that were not in DFAT Report of 2018 -- whether Authority made a jurisdictional error in not relying on most recent country information -- appeal dismissed
BESANKO J - 14 April 2021


Migration
Lincoln v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 346
MIGRATION - review of Minister's decision - New Zealand citizen - Class TY (subclass 444) visa - where visa cancelled mandatorily for applicant failing character test - s 501CA(4) Migration Act 1958 (Cth) - whether Minister had regard to four media articles - HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 discussed - application dismissed with costs
COLLIER J - 14 April 2021


Native Title
Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356
NATIVE TITLE - non-claimant application under the Native Title Act 1993 (Cth) - where applicant/Aboriginal Land Council prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination of no native title - whether grant of an estate in fee simple validly extinguished native title - whether grant of a special lease under s 75 of the Crown Lands Consolidation Act 1913 (NSW) validly extinguished native title - where total extinguishment by the grants as previous exclusive possession acts is confirmed by the Native Title (New South Wales) Act 1994 (NSW) - determination made that no native title exists
PERRY J - 14 April 2021


Costs
Pekar v Holden (No 2) [2021] FCA 343
COSTS - application for indemnity costs - whether substantive application lacked reasonable prospects of success or otherwise amounted to an abuse of process - relevant principles regarding order for costs - whether court should exercise its discretion to order indemnity costs - indemnity costs awarded
SNADEN J - 14 April 2021


Corporations Law
Electric Metals (USA) Limited, in the matter of Electric Metals (USA) Limited [2021] FCA 352
CORPORATIONS - members' scheme of arrangement - applications under ss 411 and 1319 of the Corporations Act 2001 (Cth) to convene scheme meeting and approve scheme of arrangement - where proposed scheme is a 'reverse takeover' of a listed Canadian company - applications granted
FARRELL J - 18 February 2021


Representative Proceedings
CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350
REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings - where three substantially duplicative open class actions commenced - two funded class actions and one no win/no fee model - questions of carriage deferred pending delivery of judgment in Wigmans v AMP Limited [2021] HCA 7 - Court should strive to resolve carriage issues with a minimum of cost and a maximum of expedition - contrary to the administration of justice for substantially duplicative, open class proceedings to continue without sound justification - application of multi-factorial approach - consideration of discrete factors - new and innovative funding models - number of factors neutral - net return to group members most compelling factor - no win/no fee model most appropriate vehicle to advance group members' claims - one funded class action permanently stayed - other funded class action allowed to proceed as closed class REPRESENTATIVE PROCEEDINGS - observations on the requirement for solicitors (particularly in open class proceedings) to have regard to necessity to allocate work optimally as between employees and barristers when the relevant task may be able to be conducted more efficiently and cheaply by junior barristers than by employees
LEE J - 31 March 2021


Corporations Law
333D Limited, in the matter of 333D Limited [2021] FCA 349
CORPORATIONS - share issues in ASX listed company - failure to give notice under s 708A(5)(e) of the Corporations Act 2001 (Cth) - requirement to make disclosure concerning share issues under s 706 in absence of cleansing notice - effect on on-sales - extension of period under s 708A(6)(a) - application for relief by way of extensions and declarations under ss 1322(4)(a) and (d) - on-sellers' failure to comply with ss 707(3) or 727(1) - relief from civil liability - other orders sought under s 1322(4)(c) - orders made
BEACH J - 13 APRIL 2021


Practice and Procedure ; Representatiove Proceedings
Gall v Domino's Pizza Enterprises Limited (No 2) [2021] FCA 345
PRACTICE AND PROCEDURE - Representative Proceedings - application to strike out Further Amended Statement of Claim (FASOC) - approach to pleadings having regard to modern case management - whether parts of FASOC should be struck out as they do not disclose a reasonable cause of action - whether Fair Work Act 2009 (Cth) (Fair Work Act) constitutes a code in relation to claims concerning underpayment of award entitlements which precludes such claims under the Australian Consumer Law (ACL) in Sch. 2 of the Competition and Consumer Act 2010 (Cth) - whether by necessary implication ss 52 and 82 of Trade Practices Act 1974 (Cth) impliedly limited or repealed to the extent of any inconsistency by later enactment of Fair Work Act -whether ss 18 and 236 of the ACL should be construed as limited in relation to claims concerning underpayment of award entitlements by the operation of ss 45, 539 and 545 of the Fair Work Act- whether the pleading is sufficient to show that the applicant and group members have suffered loss and damage when their rights to bring an action under the Fair Work Act are intact - whether the pleading of causation and reliance is sufficient - whether the applicant is required to plead a counterfactual - whether the applicant is required to plead whether "but for" or "a material cause" test for causation is relied upon - whether the applicant is required to plead that the reliance of third parties on the alleged representations was reasonable - whether the pleading of the representations is adequate - whether miscellaneous parts of FASOC should be struck out as conclusory, rolled up, embarrassing, confusing, vague or ambiguous - strikeout application dismissed
MURPHY J - 13 APRIL 2021


Migration
GJA18 v Federal Circuit Court of Australia [2021] FCA 340
MIGRATION - application for grant of constitutional writs under s 39B of the Judiciary Act 1903 (Cth) - whether Federal Circuit Court of Australia erred in refusing to grant an extension of time for the filing of an application under s 477(1) of the Migration Act 1958 (Cth) in circumstances where the application was filed approximately 18 months out of time - whether application can succeed in circumstances where only "sufficiently arguable" ground of review relied on by the applicant before the primary judge no longer arguable following decision of the Full Federal Court in BXT17 v Minister for Home Affairs [2021] FCAFC 9 - application dismissed with costs
SC DERRINGTON J - 13 April 2021


Industrial Law ; Practice and Procedure
Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 348
INDUSTRIAL LAW - claimed statutory compensation pursuant to s 545(2)(b) of the Fair Work Act 2009 (Cth) - principles to be applied - factual and legal causation - statutory causation generally PRACTICE AND PROCEDURE - reference as to factual causation and quantification of statutory compensation following finding of contravening conduct - referee report - nature of references - principles to be applied in determining whether to adopt or reject referee report - referee report rejected - erroneous application of principles of factual causation
LEE J - 1 April 2021


Practice and Procedure ; Costs
Monarch Advisory Group Pty Ltd v Puxty [2021] FCA 341
PRACTICE AND PROCEDURE - application for security for costs - whether respondents have shown reason to believe that applicant will be unable to meet adverse costs order - where respondents led no evidence as to applicant's financial position - application dismissed
MARKOVIC J - 13 April 2021


Practice and Procedure ; Corporations Law
Veolia Environnement SA v Suez Australia Holding Pty Ltd [2021] FCA 344
PRACTICE AND PROCEDURE - application for an interlocutory injunction restraining the defendants from entering into binding agreements or transactions to sell the Australian waste management business of the parent company of the first and fourth defendants (Suez SA) to the fifth defendant - where plaintiff filed draft takeover bid for Suez SA - where plaintiff alleges knowing involvement by defendants in fraudulent scheme to frustrate takeover bid contrary to the interests of Suez SA and its shareholders in contravention of French law - whether prima facie case established - insufficient evidence to demonstrate prima facie - application dismissed
MARKOVIC J - 1 APRIL 2021


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