Latest Judgments

Administrative Law
Storry v Parkyn [2023] FCA 1141
ADMINISTRATIVE LAW - application for judicial review of a Registrar's decision to refuse to accept documents for filing - application dismissed
21 Sep 2023 |  RANGIAH J

Taxation
Simplot Australia Pty Limited v Commissioner of Taxation [2023] FCA 1115
TAXATION - goods and services tax - exemption - whether certain frozen food supplied and imported by the applicant was "of a kind" "marketed as a prepared meal"
22 Sep 2023 |  HESPE J

Corporations Law
Goyal, in the matter of Halo Food Co. Limited (administrators appointed) (receivers and managers appointed) [2023] FCA 1135
CORPORATIONS - application for an extension of the convening periods for creditors' meetings under s 439A(6) of the Corporations Act 2001 (Cth)
18 Sep 2023 |  YATES J

Migration
Cortes v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1136

22 Sep 2023 |  COLVIN J

Administrative Law
Babet v Electoral Commissioner [2023] FCA 1126
REFERENDUMS - where Electoral Commissioner issued guidelines to returning officers to count ballot papers on referendum as to question whether voter approved proposed alteration under s 128 of Constitution as informal where voter marked a cross and formal where voter marked a tick - where s 93(8) of the Referendum (Machinery Provisions) Act 1984 (Cth) required marking on ballot paper to be given effect, as formal if "according to the voter's intention, so far as that intention is clear" - whether voter's intention in placing cross on ballot paper clearly expresses intention not to approve proposed law - whether voter's intention in placing tick on ballot paper clearly expresses intention to approve proposed law - held: use of cross ambiguous; use of tick unambiguous. CONSTITUTION - whether necessary to decide constitutional issue of standing.
20 Sep 2023 |  RARES J

Representative Proceedings ; Practice and Procedure
Gill v Ethicon Sarl (No 13) [2023] FCA 1131
REPRESENTATIVE PROCEEDINGS - three open class representative proceedings brought against manufacturers and suppliers of pelvic "mesh" implants - where proposed settlements approved under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) pending orders for just deductions under s 33V(2) - whether referee's report as to administration of settlement scheme should be adopted PRACTICE AND PROCEDURE - achieving the overarching purpose in case management of class actions - utility of reference process in large scale litigation - tender process for administration of settlement scheme
15 Sep 2023 |  LEE J

Banking ; Practice and Procedure
Australian Securities and Investments Commission v National Australia Bank Limited (No 2) [2023] FCA 1118
BANKING AND FINANCIAL INSTITUTIONS - civil penalties - contravention of financial services laws - unconscionable conduct in contravention of Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) s 12CB(1) - whether the regulator has alleged one contravention or multiple - whether potential prejudice arising from a belated change in the number of contraventions alleged - principles concerning the articulation of the regulator's case for the imposition of civil penalties considered BANKING AND FINANCIAL INSTITUTIONS - pecuniary penalties - appropriate penalty to be imposed pursuant to ASIC Act s 12GBA - whether the unconscionable conduct was "deliberate" - whether the contravenor has previously been found to have engaged in any "similar conduct" - relevant considerations and principles explained - where the maximum available penalty is inadequate given the nature and extent of the contravening conduct, the circumstances in which it took place, and the need for specific and general deterrence - maximum penalty imposed PRACTICE AND PROCEDURE - concise statement - whether principles concerning the articulation of the regulator's case for the imposition of civil penalties apply differently where a concise statement is used in place of conventional pleadings - role of concise statement in civil penalty proceedings considered
22 Sep 2023 |  DERRINGTON J

Costs
Raffin v Modern Assets Australia Pty Ltd [2023] FCA 1130
COSTS - review of Registrar's orders that costs of interlocutory application be paid forthwith - whether costs should be paid forthwith - whether to award indemnity costs - order that costs be paid forthwith on a party and party basis
21 Sep 2023 |  MCEVOY J

Costs
Gale v Australian Financial Complaints Authority (No 2) [2023] FCA 1125
COSTS - application by successful party for indemnity costs against the respondent Australian Financial Complaints Authority and trustee - where both respondents filed submitting notices save as to costs - Hardiman principle considered - public benefit and benefit for applicant in the filing of submitting notices by the respondents - application dismissed
21 Sep 2023 |  MCEVOY J

Migration
DXJL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1124
MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - Tribunal affirmed decision of Minister's delegate not to revoke the mandatory cancellation of the applicant's visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) - denial of procedural fairness by Tribunal - failure to notify applicant of issues to which its reasoning processes were directed - jurisdictional error - decision of Tribunal quashed - remitted to Tribunal for determination according to law.
21 Sep 2023 |  MCEVOY J