Browse Federal Court Judgments

Costs ; Corporations Law
Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) (No 2) [2021] FCA 7
COSTS - application for costs of an Interlocutory application - where Interlocutory application seeks orders for production of evidence relied on to obtain ex parte orders and setting aside of orders made under s 597(9) of the Corporations Act 2001 (Cth) for production of insurance documents - application for production of evidence relied on dealt with first and applicant successful - affidavit produced by respondent - applicant elects not to pursue further orders and application otherwise dismissed - appropriate order as to costs is that there be no order as to costs
BESANKO J - 18 January 2021

Native Title
KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10
NATIVE TITLE - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) - where parties seek determination that native title does not exist - where determination proposed to take effect once State satisfied indigenous land use agreement conclusively registered - whether appropriate to make orders in terms proposed - orders made
COLVIN J - 18 January 2021

Migration
CZCV v Commonwealth of Australia [2020] FCA 1864
MIGRATION - interlocutory application for release of applicant from detention - where visa was mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1994 (Cth) - whether detention was "as a result of" the visa cancellation for the purposes of s 196(4) - application dismissed
RANGIAH J - 23 DECEMBER 2020

Native Title
Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3
NATIVE TITLE - interlocutory application for summary dismissal or strike out of a native title determination application - whether there are reasonable prospects of the native title applicant establishing that the native title claim was properly authorised within the meaning of ss 61(1) and 251B of the Native Title Act 1993 (Cth) - separate interlocutory application to amend the people who constitute the applicant - native title determination application summarily dismissed under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) - interlocutory application to amend dismissed as unnecessary to consider the merits or determine
GRIFFITHS J - 18 January 2021

Corporations Law
Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (No 2) [2020] FCA 1871
CORPORATIONS - application for leave to proceed against companies in liquidation - application granted
WIGNEY J - 1 DECEMBER 2020

Practice and Procedure ; Native Title
Northern Land Council v Quall (No 3) [2021] FCAFC 2
PRACTICE AND PROCEDURE - application for leave to adduce further evidence - whether the Court should in its discretion under s 27 of the Federal Court of Australia Act 1976 (Cth) admit further evidence in the appeal - leave granted NATIVE TITLE - whether the certification function conferred on the Northern Land Council by s 203BE(1)(b) of the Native Title Act 1993 (Cth) was duly delegated by that representative body to the CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) - appeal allowed
GRIFFITHS, Mortimer AND WHITE JJ - 18 January 2021

Privilege ; Case Management ; Equity
Okewood Pty Ltd v Commissioner of the Australian Federal Police (No 3) [2021] FCA 2
PRIVILEGE - legal professional privilege - search warrants - where hard copy documents and data seized in 2012 and 2014 - where data reduction process implemented to reduce volume of data to be reviewed for privilege - where applicants contend respondent's agents and others may have breached terms of access agreements and breached orders prescribing data reduction process - where applicants contend privileged content may have been accessed - where respondent denies claims of breach and denies access to privileged documents - where dispute as to claims of breach not determined - documents and data the subject of claims for privilege subsequently identified - documents and data where no privilege claim applies also identified - where applicants seek injunctive or other relief to prevent access by nominated persons to non-privileged documents and data - whether appropriate to prevent access to non-privileged documents CASE MANAGEMENT - where documents seized under warrants rather than produced under discovery or other procedural powers - whether appropriate to exercise case management powers to restrict access EQUITY - whether equitable relief should be granted to limit access to non-confidential information - whether justified to protect from possibility of any misuse of privileged information
BANKS-SMITH J - 15 JANUARY 2021

Migration
BVLD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 6
MIGRATION - application for judicial review - cancellation of visa - substantial criminal record - failure to satisfy character test - decision not to revoke cancellation - s 501CA of the Migration Act 1958 (Cth) - no evidence ground - illogicality or irrationality ground - application dismissed
BEACH J - 15 January 2021

Bankruptcy
Topp (Liquidator), in the matter of Aidzan Pty Limited (in Liquidation) v Nazdia Pty Limited (No 2) [2020] FCA 1780
BANKRUPTCY AND INSOLVENCY - Court appointed receivers' application for approval of remuneration and expenses and termination of receivership - whether remuneration paid to receivers reasonable - where trust deed of corporate trustee in liquidation and receivership lost - where clause in template trust deed of firm of solicitors used to draft missing trust deed provided liquidation disqualified trustee from holding office - whether provisions in template trust deed required Court not to terminate receivership
RARES J - 17 DECEMBER 2020

Practice and Procedure ; Bankruptcy
Ritson v Commissioner of Police, New South Wales Police Force [2021] FCA 5
PRACTICE AND PROCEDURE - application for a stay of case management orders made in a proceeding in the Federal Circuit Court of Australia pending the hearing and determination of an application for leave to appeal in this Court - whether a stay should be granted - application dismissed
MARKOVIC J - 12 JANUARY 2021

Costs ; Practice and Procedure
Hughes trading as Beesley and Hughes Lawyers v Hill (No 2) [2021] FCAFC 1
COSTS - application for indemnity costs - where meritless appeal found to have been pursued for ulterior purpose of harassing the Respondent - whether costs order should be reduced by any amount recovered from Appellant's lawyers PRACTICE AND PROCEDURE - where Appellant had given undertaking not to encumber or otherwise deal with property - whether the Court has power to extend undertaking
COLLIER, REEVES AND PERRAM JJ - 15 January 2021

Migration
CAQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1
MIGRATION - appeal from decision of the Federal Circuit Court - application for judicial review of decision of Immigration Assessment Authority refusing to grant Safe Haven Enterprise Visa - appellants claim that primary judge did not properly consider claims and denied procedural fairness - no denial of procedural fairness apparent on the evidence - alternative claim at hearing that solicitor acting for appellants at first instance failed to put evidence before primary judge - claim not encompassed in grounds of appeal, not supported by evidence - appellants claim that they did not hear interpreter properly and could not engage in the proceedings - claim not supported by evidence - appellants had legal representation before primary judge and so real opportunity to place evidence and submissions before court - appeal dismissed.
JACKSON J - 14 January 2021