Today

Today's published judgments

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)
03 Mar 2021 |  LOGAN J


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.
13 Apr 2021 |  WHITE J


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
19 Apr 2021 |  LEE J


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
19 Apr 2021 |  KENNY, MORTIMER AND ABRAHAM JJ


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
19 Apr 2021 |  ANDERSON J


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
30 Mar 2021 |  WIGNEY J


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
16 Apr 2021 |  LOGAN J