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Practice and Procedure ; Administrative Law
McGinn v Australian Information Commissioner (No 2) [2024] FCA 1196
PRACTICE AND PROCEDURE - application for stay of proceeding pending outcome of an intended appeal PRACTICE AND PROCEDURE - application for disqualification for actual bias
14 Oct 2024 |  YATES J

Practice and Procedure ; Administrative Law
Rainbow, in the matter of Rainbow [2024] FCA 1197
PRACTICE AND PROCEDURE - application for interim injunction restraining operation of administrative decision before start of proceeding - suspension of operation of decision under s 15(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - serious question to be tried - balance of convenience
24 Sep 2024 |  FEUTRILL J

Costs ; Administrative Law
Wilson v State of Victoria (Costs) [2024] FCA 1190
COSTS - whether costs should follow the event - where claim summarily dismissed - whether successful parties engaged in disentitling conduct - where unsuccessful parties experience financial difficulties
15 Oct 2024 |  HESPE J

Conflict of Laws
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2024] FCA 1193
CONFLICT OF LAWS - anti-anti-suit-injunction - where there are ten proceedings (the Greensill Proceedings) before this Court in which the applicants seek judgment against Insurance Australia Limited in respect of amounts alleged to be payable under insurance policies - where Marsh Limited (an English company) and Marsh Pty Ltd (an Australian company) applied on an ex parte basis to the High Court of Justice of England and Wales for an anti-suit injunction to restrain GBAG and the insolvency administrator of GBAG from bringing a claim against them in the Greensill Proceedings - where the English Court granted on an interim basis the anti-suit relief sought by Marsh Limited but not Marsh Pty Ltd - where GBAG and the insolvency administrator seek interim anti-anti-suit relief to restrain Marsh Limited and Marsh Pty Ltd from taking further steps in the English proceeding on the basis that, in obtaining the interim order from the English Court, they used documents discovered in the Greensill Proceedings that had not gone into evidence, and thereby breached the implied undertaking - applicable principles relating to anti-anti-suit injunctions - whether the orders sought would be contrary to principles of comity - held: anti-anti-suit relief granted in respect of Marsh Pty Ltd but not Marsh Limited
11 Oct 2024 |  MOSHINSKY J

Migration
Mariappan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1183
MIGRATION -- application for declaration that applicant holds an "absorbed person visa" within the meaning of s 34 of the Migration Act 1958 (Cth) (Migration Act) -- where sole issue was whether applicant had "ceased to be an immigrant" by 2 April 1984 within the meaning of s 34(2)(b) of the Migration Act -- where applicant was a "prohibited immigrant" within the meaning of the Migration Act in force at 2 April 1984 -- where court bound by authority in R v Forbes; Ex parte Kwok Kwan Lee (1971) 124 CLR 168, which held that a "prohibited immigrant" cannot be absorbed into the community or cease to be an immigrant -- where Minister accepted certain facts relied upon by the applicant to support contention that he had, in fact, been absorbed into the community -- application dismissed
15 Oct 2024 |  O'CALLAGHAN J

Practice and Procedure ; Administrative Law
AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 3) [2024] FCA 1191
PRACTICE AND PROCEDURE - interlocutory application that judge not preside on any matters in the proceeding pending determination of the appeal for the proper administration of justice - reasoning that judge made decision against her not sufficient - order 3 of interlocutory application dismissed
11 Oct 2024 |  NEEDHAM J