Browse Federal Court Judgments

Costs ; Corporations Law
Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165
COSTS - costs in the primary proceeding following successful appeal - indemnity principle - other issues of contest - whether to remit issues to the primary judge - issue to be dealt with on taxation
SARAH C DERRINGTON, STEWART AND FEUTRILL JJ - 13 December 2024

Intellectual Property ; Practice and Procedure
Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
INTELLECTUAL PROPERTY - application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) - consideration of relevant factors - prima facie case - balance of convenience - interlocutory injunction not granted PRACTICE AND PROCEDURE - application for interlocutory injunction - consideration of relevant factors - prima facie case - balance of convenience
ROFE J - 13 December 2024

Practice and Procedure ; Corporations Law
Pennytel Australia Pty Limited v Engelke, in the matter of Pennytel Australia Pty Limited (Objection to Subpoena) [2024] FCA 1441
PRACTICE AND PROCEDURE - Where objections made to compliance with subpoena pursuant to Telecommunications (Interception and Access) Act 1979 Commonwealth (Cth) - Where objections took the form of a letter to the Registry - Inappropriateness of such an approach - r 24.17(4) of the Federal Court Rules 2011 (Cth) and practice note "Subpoenas and Notices to Produce Practice Note (GPN-SUBP)" - Appropriate form in which an objection to production pursuant to a subpoena should be made - where rules providing for production of documents or for an application for a subpoena to be set aside not complied with - an Objection Letter without production not an appropriate response
NEEDHAM J - 13 December 2024

Practice and Procedure ; Industrial Law
Health Services Union v Asmar (No 2) [2024] FCA 1442
PRACTICE AND PROCEDURE - application for interlocutory relief - serious question to be tried previously established - whether serious question is now stronger - whether balance of convenience
DOWLING J - 13 December 2024

Native Title
Bates v Attorney General of New South Wales [2024] FCA 1439
NATIVE TITLE - interlocutory application for removal of respondent parties pursuant to ss 84(8) or 84(9) of the Native Title Act 1993 (Cth) - interests of respondents and their purpose in seeking to remain as parties - whether respondents seek to remain as parties in representative or personal capacity - where respondent parties initially joined as members of the applicant in an overlapping native title claim - whether evidential onus of joinder satisfied - whether disjoinder justified by abuse of process - non-compliance with orders to provide connection material to respondent parties
PERRY J - 13 December 2024

Migration ; Statutory Interpretation
ALJ22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1427
MIGRATION - application under the Migration Act 1958 (Cth) (Migration Act)- where the Administrative Appeals Tribunal (Tribunal) decided it lacked jurisdiction to determine an application for review of a Part 7-reviewable decision as the application was made out of time - where applicants applied to the Minister to exercise power to substitute for a decision of the Tribunal a more favourable decision under s 417 of the Migration Act - where Minister determined there is no power to substitute a more favourable decision as no relevant decision was made by the Tribunal under s 415 - whether a decision by the Tribunal regarding lack of jurisdiction is "a decision of the Tribunal under section 415" for the purposes of s 417 of the Migration Act
NEEDHAM J - 12 December 2024

Practice and Procedure ; Industrial Law
Cannan v The Reject Shop Ltd [2024] FCA 1429
PRACTICE AND PROCEDURE - interlocutory application for leave to file an amended originating application and statement of claim - representative proceeding - Fair Work Act 2009 (Cth) - alteration of the class on whose behalf representative proceeding is brought - alleged underpayment of entitlements arising from modern award - whether allegation that modern award applied to certain group members is sustainable - whether proposed pleading is embarrassing - whether appropriate to make order relating claim back to commencement of proceeding - interlocutory application dismissed.
SNADEN J - 13 December 2024

Administrative Law
Secretary, Department of Social Services v FNPQ [2024] FCA 1428
ADMINISTRATIVE LAW - appeal from a decision of the Administrative Appeals Tribunal (AAT) - where respondents a married couple in receipt of age pension - where one respondent received substantial back pay from a former employer - where receipt was declared and joint entitlement to age pension was cancelled - where new application for age pension made immediately thereafter - where application initially refused but later allowed by the AAT - whether provision deeming time of receipt of employment income applicable to new application - appeal allowed.
SNADEN J - 13 December 2024

Migration
Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163
MIGRATION - whether Tribunal had made an implied determination pursuant to Direction 90 about whether non-revocation of visa cancellation was in the best interests of minor children - determination found to have been made - notice of contention upheld - appeal dismissed.
BURLEY, MCEVOY and NEEDHAM JJ - 13 December 2024

Evidence
CIP Group Pty Ltd v So (No 7) [2024] FCA 1437
EVIDENCE - legal professional privilege - receiver as client - whether sufficient basis to maintain claim for legal professional privilege over bills of costs - claim upheld
COLLIER aCJ - 12 December 2024

Evidence
CIP Group Pty Ltd v So (No 6) [2024] FCA 1436
EVIDENCE - legal professional privilege - application of s 198F(1) Corporations Act 2001 (Cth) where company documents claimed by former director - entitlement to claim privilege on behalf of company in liquidation - leave previously granted under s 236 Corporations Act for proceedings to be commenced
COLLIER ACJ - 12 December 2024

Practice and Procedure ; Corporations Law
Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) (Leave to Appeal) [2024] FCA 1425
PRACTICE AND PROCEDURE - Application for leave to appeal from judgment determining application for the enforcement of orders and declarations made previously - no prospects of success. PRACTICE AND PROCEDURE - orders made pursuant to liberty to apply - purpose of liberty to apply - orders made consequential upon relief ordered in primary judgment - discussion of extent of liberty to apply.
NEEDHAM J - 12 December 2024

Industrial Law
Alouani-Roby v National Rugby League Ltd [2024] FCAFC 161
INDUSTRIAL LAW - appeal from judgment of a single judge dismissing application for judicial review of a decision of a Full Bench of the Fair Work Commission (the "Commission") - where appellant engaged under a series of fixed-term contracts - where final contract permitted earlier termination on notice - where appellant sought to challenge dismissal under Pt 3-1 of the Fair Work Act 2009 (Cth) (the "FW Act") - whether appellant had been dismissed from his employment - whether the Commission properly construed meaning of "dismissed" in s 386(1) of the FW Act - whether appellant was employed under a "contract of employment for a specified period of time" for the purposes of s 386(2)(a) of the FW Act - primary judge concluded that the Commission had properly considered whether appellant had been "dismissed" - primary judge concluded that appellant had been "employed under a contract of employment for a specified period of time" - whether those conclusions were products of error
SNADEN, MEAGHER AND NEEDHAM JJ - 12 December 2024

Practice and Procedure ; Administrative Law
Crocker, in the Matter of Debra Ann Crocker [2024] FCA 1423
PRACTICE AND PROCEDURE - application for leave to institute proceeding where applicant subject to vexatious proceeding order - whether supporting affidavits substantially comply with statutory requirements - whether proposed proceedings are vexatious proceedings - where applicant alleges fraud against proposed respondents - where affidavits do not list all the occasions on which the applicant has applied for leave under s 37AR of the Federal Court of Australia Act 1976 (Cth) - where affidavits do not list all other proceedings instituted - where proposed proceedings are without reasonable ground and an abuse of process - application dismissed
MEAGHER J - 12 December 2024

Industrial Law
Fair Work Ombudsman v Make Dough Enterprises (in liquidation) [2024] FCA 1432
INDUSTRIAL LAW-separate question determination-does s 557C of the Fair Work Act 2009 apply in proceedings brought against a responsible franchisor pursuant to s 588B-if so, how does it operate-question answered in the affirmative-operation explained
MCELWAINE J - 12 December 2024

Practice and Procedure ; Corporations Law
Vardy (liquidator) v Titan Cranes and Rigging Pty Ltd, in the matter of Boon Business Consultants Pty Ltd (in liq) [2024] FCA 1410
PRACTICE AND PROCEDURE - application for suppression, non-publication and confidentiality orders in respect of statement of claim (SOC) - where SOC unable to be accessed prior to first case management hearing pursuant to r 2.32(2) of the Federal Court Rules 2011 (Cth) (Rules) - where judge made orders in chambers pursuant to r 2.32(3) that SOC remain confidential until first case management hearing, reflecting default rule - where applicants filed interlocutory application prior to first case management hearing seeking further and better particulars and an order under r 2.32(3) that SOC be confidential until further order of Court - where application for confidentiality order not pressed or raised at case management hearing and order not made, such that original order under r 2.32(3) expired - where case management hearing and evidence filed in support of interlocutory application canvassed allegations contained in SOC - where journalist sought and was granted access to SOC and indicated intention to publish article outlining allegations in SOC - where applicants sought urgent relief in form of confidentiality order under r 2.32(3) and interim suppression and non-publication order under s 37AI of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - consideration of interaction between r 2.32 and Part VAA of FCA Act - held: unnecessary to decide questions as to whether r 2.32(2) provides for something broader than common law principle of open justice and whether r 2.32(3) provides source of power independent to s 37AF - held: no factual basis for making orders sought as allegations contained in SOC had in substance been laid bare in open court - application dismissed
SHARIFF J - 4 December 2024

Consumer Law
Australian Competition and Consumer Commission v Meg's Flowers Pty Ltd [2024] FCA 1435
CONSUMER LAW - where respondent online floristry business - where respondent admitted to contraventions of ss 18, 29(1)(k) and 33 of the Australian Consumer Law referable to marketing and sale of flowers - where parties jointly sought declarations and other relief - declarations made - pecuniary penalties totalling $1,000,000.00 imposed - orders requiring the establishment and implementation of compliance program - orders requiring respondent to publish corrective notice
COLLIER ACJ - 12 December 2024

Corporations Law
Australian Securities and Investments Commission v Bit Trade Pty Ltd (No 2) [2024] FCA 1422
CORPORATIONS - determination of pecuniary penalty for defendant's contravention of s 994B(2) of the Corporations Act 2001 (Cth) requiring defendant to make a target market determination - where defendant made available margin extension to customers to purchase cryptoassets on Kraken exchange ("the Product") - relevance of legal advice obtained by defendant where proceeding brought by plaintiff defended on different basis - relevance of disclosures made by defendant to customers concerning risk of loss - where substantial fees and interest generated by making the Product available - where vast majority of customers to whom the Product was made available were retail clients - where the Product carried very high degree of financial risk that could result in customers losing more than they had invested - where contraventions occurred over a period of 35 months Held: pecuniary penalty of $8.0 million imposed
NICHOLAS J - 12 December 2024

Appeal and New Trial
United Firefighters Union of Australia v Honourable Jaclyn Symes [2024] FCAFC 158
APPEAL GROUNDS-application to amend grounds-point of statutory construction not taken below-proposed new grounds directly contrary to the appellant's trial case-prejudice to the respondents accepted-application dismissed
RANGIAH, CHARLESWORTH AND MCELWAINE JJ - 11 December 2024

Consumer Law
Inruse Pty Limited as trustee for the 224 Hinxman Trust v Equity Lenders Pty Ltd [2024] FCA 1434
AUSTRALIAN CONSUMER LAW - where applicant alleged it entered into three loans because of misleading and deceptive conduct - alleged misleading and deceptive conduct in written material - whether the representation was conveyed by the whole of the conduct assessed in context - conduct not misleading and deceptive conduct - causation not established - associated claims of "involvement" not made out - associated claim for breach of contract not made out - associated claim for breach of duty of skill and care not made out
THAWLEY J - 12 December 2024

Industrial Law
Danaratna v Arunatilaka (Penalty) [2024] FCA 1431
INDUSTRIAL LAW - determination of civil penalties for contraventions of ss 44, 45, 323(1) and 536(1) of the Fair Work Act 2009 (Cth) by Ms Arunatilaka, the former Sri Lankan Deputy High Commissioner in Australia - primary purpose of deterrence in the determination of a civil penalty - where the contravener did not participate in any of the Court's processes - penalty awarded
RAPER J - 12 December 2024

Patents
Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414
PATENTS - patent for formulations of liraglutide - validity of extension of term of patent - where application for extension must concern a patent which discloses a 'pharmaceutical substance per se' under s 70 of the Patents Act 1990 - whether 'pharmaceutical substance' includes formulations of active ingredients and excipients - whether excipients required to be for distinct therapeutic use
PERRAM J - 12 December 2024

Migration
Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160
MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the Tribunal as to its consideration of best interests of the appellant's nephews - consideration of terms of Direction 99 and respects in which matters must be taken into account in reaching a decision whether to revoke visa cancellation - held matter to which there must be regard in reaching final decision is whether non-revocation is in the best interests of children affected by the decision - matters in s 4.4 of Direction 99 must be considered but are not themselves matters required to be taken into account in reaching a final decision as to revocation - primary judge correct to find no error in approach taken by the Tribunal - appeal dismissed
PERRAM, COLVIN AND ABRAHAM JJ - 12 December 2024

Defamation
Deeming v Pesutto (No 3) [2024] FCA 1430
DEFAMATION - proceeding against the Leader of the Opposition in the Victorian Parliament brought by a Member expelled from the Parliamentary Liberal Party - imputations pleaded in respect of five impugned publications - consideration of whether imputations conveyed -- consideration of whether publication of defamatory matter about the applicant has caused, or is likely to cause, serious harm to her reputation within the meaning of s 10A(1) of the Defamation Act 2005 (Vic) (the Act) - serious harm found - defences of public interest under s 29A of the Act, honest opinion under s 31 of the Act, Lange qualified privilege and contextual truth under s 26 of the Act pleaded - where defences not made out - where applicant sought general damages for non-economic loss - where applicant sought aggravated damages - assessment of damages - quantification of damages
O'CALLAGHAN J - 12 December 2024

Consumer Law
Australian Securities and Investments Commission v Latitude Finance Australia (No 3) [2024] FCA 1433
CONSUMER LAW - where declarations regarding contraventions of the ASIC Act made following a liability judgment - where relief hearing yet to take place - where defendants appealed the declarations - whether applications for leave to appeal of declaration affects the relief hearing timetable - consideration of the overarching purpose of the Federal Court's practice and procedure provisions - where existing timetable would cause inefficiency and wasted resources - orders made vacating and varying relief hearing timetable until hearing of leave to appeal applications
WIGNEY J - 10 December 2024

Migration
Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1419
MIGRATION - Migration Act 1958 (Cth) s 501BA - where Minister for Immigration, Citizenship and Multicultural Affairs set aside decision of Administrative Appeals Tribunal to revoke visa cancellation - whether Minister's public statements gave rise to an apprehension of bias - whether Minister's decision not to apply the rules of natural justice was affected by jurisdictional error - application dismissed
BUTTON J - 11 December 2024

Practice and Procedure ; Corporations Law
Montague Estate Pty Ltd (In Liquidation) v Montague VY No1 Pty Ltd, in the matter of Montague Estate Pty Ltd [2024] FCA 1426
PRACTICE AND PROCEDURE - originating process for relief setting aside share transfers under s 588FF of Corporations Act 2001 (Cth) and for compensation for breaches of directors' duties - urgent ex parte application for interlocutory injunction to restrain dealing with assets - risk of dissipation of company assets and diminution of value of shares - serious question to be tried - balance of convenience
FEUTRILL J - 6 DECEMBER 2024

Contract ; Practice and Procedure ; Costs
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd [2024] FCAFC 164
CONTRACTS - appeal from dismissal of application for damages for breach or repudiation of contract - where respondent issued direction to all employees and contractors to provide evidence of COVID-19 vaccination status or valid medical exemptions - where second appellant did not comply with direction and respondent terminated Services Agreement - whether appellants disobeyed lawful direction given by respondent - whether directions given lawful - whether directions given reasonable PRACTICE AND PROCEDURE - where new grounds raised on appeal - where no issue taken with pleading before primary judge - whether adequate explanation provided for failure to raise new grounds before primary judge - whether proposed grounds have sufficient merit - whether grounds of appeal raise new or additional findings of fact COSTS - where primary judge held that s 17 of the Independent Contractors Act 2006 (Cth) required that there be no order as to costs - whether rejection of offers to settle the proceeding constituted an un
PERRY, MCEVOY and MCDONALD JJ - 11 December 2024

Social Security
DSDJ v Secretary, Department of Social Services [2024] FCA 1420
SOCIAL SECURITY - where the applicant appeals from a decision by the then Administrative Appeals Tribunal to affirm a decision by the respondent Secretary to cancel the applicant's disability support pension under s 81 of the Social Security (Administration) Act 1999 (Cth) (the Administration Act) due to non-compliance with a notice requesting information - where the notice did not explicitly state the basis for its statutory authority - where the notice requested five items, including documents and a statement - whether the notice was authorised under ss 63, 68 or 192 of the Administration Act - held: at least one item requested was pursuant to s 68 and therefore the notice was valid - appeal dismissed
LOGAN J - 28 NOVEMBER 2024

Defamation
Seven Network (Operations) Limited v Greiss [2024] FCAFC 162
DEFAMATION - where journalist tweeted and media organisation reported that the respondent stared down the complainant and spat at or towards her outside courthouse - where appellants pleaded defences of substantial truth, contextual truth and honest opinion - where primary judge rejected substantial truth defence - whether the respondent spat "towards" or "in the direction of" the complainant - where no error established in relation to central findings - whether substantial truth defence made out in relation to Facebook post - where conclusion that spit was "for" the complainant or "directed to her" sufficient to justify substantial truth of the imputations - cross-appeal - contextual truth - s 26 of the Defamation Act 2005 (NSW) - where primary judge upheld defence in relation to Article and Tweet - where contextual imputation carried "in addition to" pleaded imputations - whether the respondent was "further harmed" by the pleaded imputations - where Court must focus on the facts, matters and circumstances s
LEE, CHEESEMAN AND JACKMAN JJ - 11 December 2024

Administrative Law
Singh v Minister for Government Services [2024] FCAFC 159
ADMINISTRATIVE LAW - where the appellant appeals from a dismissal of a judicial review application under s 39 of the Judiciary Act 1903 (Cth) at first instance - where the appellant had unsuccessfully applied for compensation under the Scheme for Compensation for Detriment caused by Defective Administration - where the appellant's grounds of appeal were cast in general terms and included an allegation of procedural unfairness - where no merit in grounds of appeal and no evidence of procedural unfairness - appeal dismissed
LOGAN, CHARLESWORTH AND DOWLING JJ - 21 NOVEMBER 2024

Migration
Nguyen v Minister for Immigration and Multicultural Affairs [2024] FCA 1424
MIGRATION - whether a visa application withdrawal was submitted "by" the applicant - whether the Department of Home Affairs was wrong to accept that the applicant's visa application was validly withdrawn pursuant to s 49(1) of the Migration Act 1958 (Cth) - where the operation and application of ss 47 and 49 of the Migration Act considered - where the issue of whether the visa application was validly withdrawn approached as an objective fact-finding exercise - where the applicant bore the onus of establishing its case on the balance of probabilities pursuant to s 140(1) of the Evidence Act 1995 (Cth) - where the applicant fell "very short" of establishing the visa application was not submitted by him - application dismissed
LEE J - 6 DECEMBER 2024

Defamation
Ivory v Howard [2024] FCA 1416
DEFAMATION - online publications - Facebook posts - where judgment entered against the respondent - impact of the publications - assessment of damages
SARAH C DERRINGTON J - 10 December 2024

Practice and Procedure ; Corporations Law
PBG Projects Pty Ltd V Gu [2024] FCA 1418
PRACTICE AND PROCEDURE - application to issue warrant for arrest under r 41.05 of the Federal Court Rules 2011 (Cth) - failure to attend means inquiry and produce documents in accordance with orders
FEUTRILL J - 5 DECEMBER 2024

Practice and Procedure ; Bankruptcy
JML Rose Pty Ltd v Jorgensen [2024] FCA 1421
PRACTICE AND PROCEDURE - where the respondent debtor makes an application in relation to a registrar's decision to issue sequestration orders - where the application seeks a stay of the sequestration orders - where the underlying judgment debt was made over two years ago - stay application dismissed BANKRUPTCY AND INSOLVENCY - where the respondent debtor makes an application in relation to a registrar's decision to issue sequestration orders - where the application seeks a stay of the sequestration orders - where the underlying judgment debt was made over two years ago - stay application dismissed
LOGAN J - 29 NOVEMBER 2024

Practice and Procedure ;
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 2) [2024] FCA 1412
PRACTICE AND PROCEDURE - application by the first respondent to have the final hearing conducted in Melbourne - where application not brought promptly and brought after earlier orders for the filing of the application were disregarded - where the first respondent is based in Melbourne but spends more time absent from, than in, Melbourne and who is to be in India for the first four to five days of a hearing estimated to take five to seven days - where the applicant and one other party oppose the application and no other party has brought such an application or provided evidence in support of the first respondent's application - application dismissed
GOODMAN J - 10 December 2024

Bankruptcy
Miller v Udunuwara [2024] FCA 1403
BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - whether requirements for sequestration order have been established - application to adjourn the hearing - application to adjourn dismissed - sequestration orders made
DOWLING J - 9 DECEMBER 2024

Practice and Procedure ; Costs
Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 3) [2024] FCA 1413
PRACTICE AND PROCEDURE - form of orders - failed interlocutory application to stay substantive proceeding COSTS - costs arising from failed interlocutory application seeking to stay substantive proceeding - whether costs should follow the event or be costs in the cause - whether conduct of the first respondent warrants the award of indemnity costs - whether costs should be payable forthwith
ROFE J - 9 DECEMBER 2024

Practice and Procedure ; Consumer Law
Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 3) [2024] FCA 1415
PRACTICE AND PROCEDURE - inconsistency in pleading - orders on quantum
BANKS-SMITH J - 9 December 2024

Practice and Procedure ; Industrial Law
Sydney Trains v Australian Rail, Tram and Bus Industry Union [2024] FCA 1411
PRACTICE AND PROCEDURE - interlocutory application for injunctive relief - where injunctions sought to restrain respondent unions from continuing industrial action relating to Sydney rail network - prima facie case - whether industrial action 'protected' - whether industrial action would contravene Fair Work Act 2009 (Cth) - balance of convenience - where respondents stand to lose bargaining position - where proposed bans risk significant disruption
PERRAM J - 8 DECEMBER 2024

High Court and Federal Judiciary
Ferdinands v Registrar Burns (Vexatious Proceedings Order) [2024] FCAFC 157
HIGH COURT AND FEDERAL COURT - vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) - where the applicant has instituted or sought to institute numerous proceedings in this and other courts over prolonged period essentially in relation to grievances arising out of events beginning in 1999 - where the applicant regularly includes scandalous allegations in the materials provided to the Court - whether appropriate to make a vexatious proceedings order - Held: order made
CHEESEMAN, GOODMAN AND MCEVOY JJ - 9 December 2024

Practice and Procedure ; Bankruptcy
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 7) [2024] FCA 1417
PRACTICE AND PROCEDURE - continuation of freezing orders - balance of convenience - where maintaining injunction will have the effect that a proposed demolition and development of foreclosed property will be delayed by a period of up to four months - where evidence does not establish that the proposal is economically feasible - where applicants have sufficient real property assets in Australia to support their undertaking as to damages
JACKMAN J - 4 December 2024

Native Title
Dallachy on behalf of the Barada Kabalbara and Yetimarala People #2 v State of Queensland (Consent Determination) [2024] FCA 1392
NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of all parties - determination of native title by consent
SARAH C DERRINGTON J - 6 December 2024

Native Title
Dallachy on behalf of the Barada Kabalbara and Yetimarala People #1 v State of Queensland (Consent Determination) [2024] FCA 1391
NATIVE TITLE - consent determination - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of all parties - determination of native title by consent
SARAH C DERRINGTON J - 6 December 2024

Appeal and New Trial
Haque v Secretary, Department of Social Services (Centrelink) [2024] FCA 1407
APPEAL - Objection to competency - objection upheld - appeal summarily dismissed
MCELWAINE J - 9 December 2024

Insurance
Attree Pty Ltd v Certain Underwriters at Lloyds of London Subscribing to Policy Number P_ML/0/272375/20/L-7 [2024] FCA 1408
INSURANCE - liability insurance policy - indemnity sought in respect of costs incurred by insured in compromising claims brought by employees for failure to pay entitlements - construction of policy - payment of claims not a "loss" for the insured - claims not in respect of a "wrongful act" - claims otherwise excluded - proceedings dismissed
DERRINGTON J - 9 December 2024

Costs ; Corporations Law
Canstruct Pty Ltd v Project Sea Dragon Pty Ltd (in liquidation) (No 6) [2024] FCA 1406
COSTS - successful plaintiff sought costs on application to set aside deed of company arrangement and to wind up company - costs follow the event - not a question of principle
DERRINGTON J - 9 December 2024