Today

Today's published judgments

Practice and Procedure ; Corporations Law
Aussie Broadband Limited v Superloop Limited [2024] FCA 312
PRACTICE AND PROCEDURE - application for interlocutory injunction - whether applicant had established prima facie case that respondent had acted for a purpose foreign to the powers contained in its constitution by issuing a notice requiring the applicant to dispose of certain shares in the respondent - whether applicant had established prima facie case that respondent's conduct of the affairs of the company was oppressive for the same reason - whether the balance of convenience favoured an injunction - whether damages an adequate remedy - where it was common ground that the applicant's acquisition of shares was in breach of respondent's constitution and applicable foreign law - application for injunctive relief dismissed
28 Mar 2024 |  O'CALLAGHAN J


Corporations Law
Probiotec Limited, in the matter of Probiotec Limited [2024] FCA 298
CORPORATIONS - scheme of arrangement - first court hearing - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - orders made
26 Mar 2024 |  BUTTON J


Bankruptcy
StockCo Agricapital Pty Limited, in the matter of Webb (Bankrupt) v Webb [2024] FCA 302
BANKRUPTCY -- application by secured creditor for an order under s 33(1)(b) of the Bankruptcy Act 1966 (Cth) (the Act) allowing an amendment of a Creditor's Petition -- where the secured creditor did not set out in the Creditor's Petition particulars of its security as required by s 44 of the Act -- whether leave should be given to amend the Creditor's Petition -- where error the result of inadvertence -- where there is no evidence of prejudice to creditors -- where there has been no unnecessary delay by the secured creditor since discovering the error -- leave granted
28 Mar 2024 |  BESANKO J


Corporations Law
H& B Professional Tiling Pty Limited (In Liq) v Haidari, in the matter of H& B Professional Tiling Pty Limited [2024] FCA 207
CORPORATIONS -- application pursuant to s 1323(5) of the Corporations Act 2001 (Cth) (the Act) seeking that an existing order be varied to permit the payment of $173,650.95 to the first defendant -- where existing orders made under s 1323(3) of the Act prevent any or all money being paid to the first defendant from any bank account maintained by or on behalf of the first defendant -- where first defendant seeks payment of monies to pay what he claims to be ordinary business expenses and ordinary living expenses -- consideration of the relevance of whether there is a prima facie case -- consideration of the relevance of the absence of an undertaking as to damages -- consideration of the relevance of the risk of dissipation of assets -- where apparent unsatisfactory nature of first defendant's evidence -- where the first defendant claims the existing orders have a substantial effect on new business -- where there is no evidence as to the performance and resources of the new business -- order varied but not to the extent sought by the first defendant
06 Mar 2024 |  BESANKO J


Migration
BNY23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 301
MIGRATION - application for issue of writs of certiorari and mandamus to Administrative Appeals Tribunal (Tribunal) - where Tribunal affirmed decision not to revoke mandatory cancellation under s 501(3A) of the Migration Act 1958 (Cth) of applicant's Refugee (Class XB) (subclass 200) visa - whether Tribunal failed to comply with ministerial direction by failing to consider a representation - whether Tribunal made a finding unsupported by evidence - whether errors alleged were material - application dismissed
28 Mar 2024 |  DOWNES J


Practice and Procedure ; Corporations Law
LK Law Pty Ltd v Karas (Notice to Produce) [2024] FCA 306
PRACTICE AND PROCEDURE -- application for the order that the fourth respondent be excused from complying with a Notice to Produce -- whether the Notice to Produce is oppressive -- whether the documents sought are relevant -- whether the fourth respondent complied with orders made on 1 November 2023 -- application refused
18 Mar 2024 |  O'SULLIVAN J


Insurance
Resolution Life Australasia Limited v Mitchell [2024] FCA 310
INSURANCE - appeal from determination of the Australian Financial Complaints Authority (AFCA) - whether AFCA erred in law in failing to provide the applicant procedural fairness by failing to identify and give the applicant notice of certain issues which turned out to be material to its determination and thereby failing to give the applicant an opportunity to adduce evidence or make submissions concerning those issues - whether AFCA erred in law by applying s 13 of the Insurance Contracts Act 1984 (Cth) in circumstances where the respondent was not a party to the insurance policy - whether AFCA erred in law by misconstruing terms of the insurance policy or making a decision inconsistent with the terms of the policy - appeal allowed
28 Mar 2024 |  WIGNEY J


Bankruptcy
Meagher and Cronan (Trustee), in the matter of Laguzza (Bankrupt) v Laguzza [2024] FCA 314
BANKRUPTCY AND INSOLVENCY - where the trustees of a bankrupt estate make an application for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) to proceed with the distribution of dividends - where the bankrupt has not filed a statement of affairs but appears to be solvent - where no appearance for the bankrupt - application granted MENTAL HEALTH - where the bankrupt, on the evidence, appears to be highly distressed - where no express provision for intergovernmental welfare referrals in the Act - whether Court should nonetheless exercise its power to facilitate welfare support of bankrupt - orders accordingly
26 Mar 2024 |  LOGAN J


Administrative Law
Haque v Secretary Department of Social Services (Centrelink) [2024] FCA 295
ADMINISTRATIVE LAW -- social security - application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - where the applicant was in receipt of jobseeker payments - where the applicant claimed that he had a serious heart condition - where the applicant was advised by specialists in Australia not to undergo an angioplasty - where the applicant sought treatment overseas - where the applicant wrote a letter to Services Australia before departing, purporting to make claims for pensions under ss 94, 772, and 773 of the Social Security Act 1991 (Cth) - where the applicant sought an extension of a portability period under s 1218D of the Social Security Act - where the applicant's jobseeker payment was suspended upon his departure from Australia - where the applicant's other claims were not expressly dealt with by the respondent - where Services Australia sent a letter on 19 September 2023 to the applicant dealing with certain of these matters after the commencement of this proceeding - whether the 19 September 2023 letter evinces any reviewable error on the part of the Secretary - the applicant did not make a valid claim under s 94, s 772, or s 773 - the applicant disclaimed any challenge to the suspension of his jobseeker payments - no error established - even if an error were established, relief would be refused on the ground that it would be futile - application dismissed.
28 Mar 2024 |  WHEELAHAN J


Industrial Law
General Manager of the Fair Work Commission v Smyth [2024] FCA 304
INDUSTRIAL LAW - where the applicant applies for declarations of contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) (FWRO Act) and civil penalties against the respondent, in his capacity as President of the Queensland District Branch of the Construction, Forestry, Maritime, Mining & Energy Union's (the Union) Mining & Energy Division - where the respondent was issued a credit card by the Union - where the Union had a policy and relevant expenditure rules that regulated the use of the credit card - where the respondent had a small, no-interest loan facility with the Union - where any outstanding credit card debits were cleared each month via a banking procedure and were subsequently debited to the respondent's loan facility - where the respondent allegedly did not use the credit card in accordance with the policy over a two year period - whether this credit card usage contravened ss 285, 286 and 287 of the FWRO Act INDUSTRIAL LAW - where, prima facie, some contraventions of ss 285, 286 and 287 of the FWRO Act established on the evidence - where s 320 of the FWRO Act deems that, after a period of four years, acts are taken to have been done in compliance with the rules of an registered industrial organisation - where the applicant made no application under section 321 of the FWRO Act - whether s 320 of the FWRO Act has the effect of retrospectively adjudging that acts done in contravention of the rules are not, in fact, contraventions - proceedings dismissed
28 Mar 2024 |  LOGAN J


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