Today

Private International Law
Greensill Bank AG v Insurance Australia Limited (Anti-Anti-Suit Injunction Application) [2025] FCA 1241
PRIVATE INTERNATIONAL LAW – anti-anti-suit injunction – where there are eleven proceedings (the Greensill Proceedings) before this Court related to the purported issue of insurance policies and liability to pay amounts under those policies – where allegations of concurrent wrongdoing were raised against Marsh Ltd (an English company) and Marsh Pty Ltd (an Australian company) by respondents in the proceedings – where Greensill Bank AG foreshadowed joining Marsh Ltd to various proceedings – where Marsh Ltd and Marsh Pty Ltd applied to an English Court for an anti-suit injunction to restrain Greensill Bank AG from doing so – where basis of application was exclusive jurisdiction clauses contended to be contractually binding on Greensill Bank AG – where the English Court refused interim relief sought by Marsh Pty Ltd and mostly refused the interim anti-suit relief sought by Marsh Ltd – where Greensill Bank AG joined Marsh, and commenced proceedings against Marsh, in Australia – where the English Proceedings were then amended – where Greensill Bank AG seek interim anti-anti-suit relief to restrain Marsh Ltd and Marsh Pty Ltd from taking further steps in the English Proceedings – where the English Proceedings have been listed for final hearing for anti-suit relief – principles applicable to anti-suit and anti-anti-suit injunctions – whether basis for injunction in implied and/or equitable jurisdiction – whether balance of convenience favours the grant of injunction – held: anti-anti-suit relief granted PRACTICE AND PROCEDURE – implied jurisdiction of the Federal Court to issue anti-anti-suit injunction – s 23 of the Federal Court of Australia Act 1976 (Cth) – where there is a basis for exercise of the Court’s implied jurisdiction in the tendency of English Proceedings to interfere with proceedings in this Court – principles of comity applicable in considering exercise of implied jurisdiction – where principles of comity do not require refusal of relief – balance of convenie
10 Oct 2025 |  THAWLEY J

Practice and Procedure
Aaron Sansoni Group International Pty Ltd v Manti (No 2) [2025] FCA 1231
PRACTICE AND PROCEDURE – ex parte application for an injunction or freezing order under s 23 of the Federal Court of Australia Act 1976 (Cth) and Div 7.4 of the Federal Court Rules 2011 (Cth) – applicant sought order against first respondent and non-party for payment into Court of the proceeds of sale of a property – prima facie good arguable claim for relief – danger that first respondent might dissipate assets in disregard of, or in an attempt to frustrate, the Court’s processes – injunction granted restraining the first respondent and non-party from disposing of, dealing with, or diminishing the proceeds of the sale of the property
7 Oct 2025 |  NESKOVCIN J

Migration
Ba v Minister for Immigration and Multicultural Affairs [2025] FCA 1239
MIGRATION – application for judicial review of a decision of the Assistant Minister under s 510BA(2) of the Migration Act 1958 (Cth) – whether the Assistant Minister failed to undertake active intellectual engagement with the materials – whether the Assistant Minister failed to consider the most up to date information – whether the Assistant Minister made an unintelligible finding – whether the Assistant Minister acted illogically, irrationally or legally unreasonably in making findings about the applicant’s remorse – whether the Assistant Minister acted legally unreasonably in treating dated material as if it was up to date – Assistant Minister found to have acted legally unreasonably by treating dated material as if it was up to date – application allowed
10 Oct 2025 |  NESKOVCIN J

Practice and Procedure
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Zinfra Contracting Pty Ltd [2025] FCA 1234
PRACTICE AND PROCEDURE – strike out application – whether pleadings contained necessary material facts – where pleadings alleged global contraventions of enterprise agreement and s 50 of Fair Work Act 2009 (Cth) in relation to group of unnamed employees – where pleadings did not specify details of individual contraventions against each employee – where order for referee to report on individual contraventions sought – where applicant argued respondent was afforded procedural fairness – where applicant alleged respondent bore onus of disproving allegation – where respondent sought costs of application, as an exception to the ordinary operation of s 570 – HELD: strike out application successful – application for costs by the respondent refused – no order as to costs
10 Oct 2025 |  BROMWICH J

Practice and Procedure
CIP Group Pty Ltd v So (No 10) [2025] FCA 1240
PRACTICE AND PROCEDURE – applications to increase security for costs at late stage of proceeding – whether discounts should be applied to assessed reasonable party and party costs – whether identification of material change in circumstances as a precondition to the exercise of the discretion is necessary – no discount applied – if material change is required it is made out on the facts – applications granted
10 Oct 2025 |  MCELWAINE J

Administrative Law
National Disability Insurance Agency v Lampard [2025] FCAFC 139
ADMINISTRATIVE LAW – disability requirements under National Disability Insurance Scheme Act 2013 (Cth) (the Act) – whether Administrative Appeals Tribunal identified impairment attributable to respondent’s disability as required by s 24(1)(a) of the Act – whether there was any evidence to support the finding that impairments were permanent under s 24(1)(b) of the Act and r 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) – whether Tribunal correctly construed and applied the words “functional capacity to undertake” in s 24(1)(c) of the Act – HELD: appeal allowed; Tribunal decision set aside and review remitted
10 Oct 2025 |  BROMWICH, NESKOVCIN AND VANDONGEN JJ

Corporations Law
Commissioner of the NDIS Quality and Safeguards Commission v Aurora Community Care Pty Ltd (in liquidation) (No 2) [2025] FCA 1237
CIVIL PENALTY – proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – respondent in liquidation –where failures involved breaches of the National Disability Insurance Scheme Practice Standards, Code of Conduct, Restrictive Practices and Behaviour Support Rules, Reportable Incident Rules – where conduct is serious – where failures were fatal for one participant – whether it is appropriate for the Court to enter into summary judgment – whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought – evaluative approach to determining civil penalty – the contraventions of ss 73J and 73V made out
10 Oct 2025 |  ABRAHAM J

Patents
Scidera, Inc. v Meat and Livestock Australia Limited (No 2) [2025] FCA 1236
PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel question of law – application dismissed
10 Oct 2025 |  ROFE J