MIGRATION – appeal from orders of the (then) Federal Circuit Court of Australia – appellant did not appear – appeal dismissed
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Thapa v Minister for Immigration and Multicultural Affairs [2025] FCA 233
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Selfwealth Ltd, in the matter of Selfwealth Ltd [2025] FCA 214
CORPORATIONS – scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – exercise of discretion to order convening of scheme meeting –
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Big Review TV Ltd (in liq) v FC Securities Pty Ltd [2025] FCA 222
PRACTICE AND PROCEDURE – application for security for costs – principles applicable to exercise of discretion to award security for costs – where significant and largely unexplained delay in bringing application for security – where trial imminent – where no specific evidence of prejudice – order for security for future costs made subject to discount for delay
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Jonsson (Liquidator), in the matter of National Aboriginal and Torres Strait Islander Corporation Transport and Community Service (in liq) [2025] FCA 232
CORPORATIONS – Application pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs may commence proceedings under s 588FF(1) of the Act – Voidable transactions – Insolvency – Liquidation PRACTICE AND PROCEDURE – Service of documents – Deemed service PRACTICE AND PROCEDURE – Orders – Variation of suppression orders – Interests of justice
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Montsho v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 230
MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate not to revoke applicant’s mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – ground of review – whether the Tribunal failed to genuinely engage with representations about the applicant’s financial capacity to support his son in Botswana under primary consideration of best interests of minor children under Direction 99 – whether Tribunal made a jurisdictional error – application dismissed
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (Costs) [2025] FCAFC 29
COSTS – where appeal dismissed and cross-appeal allowed, what orders should be made for costs of trial and appeal – whether costs of trial should be apportioned to take account of aspects of cross-claim on which respondent failed – where respondent made offers to compromise both trial and appeal, whether indemnity costs order should be made
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Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd [2025] FCA 218
INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks – appeal allowed – Trade Mark retained on Register
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Badenoch Integrated Logging Pty Ltd v Bryant [2025] FCAFC 31
COSTS – where liquidators sought costs order in their favour and company sought orders that the costs of the appeals be costs in the winding up proceeding – order made for company to pay liquidators’ costs of the appeals
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Fanatics, LLC v FanFirm Pty Limited (No 2) [2025] FCA 241
PRACTICE AND PROCEDURE – costs – whether appellant partially successful in stay applications – where respondent proffered terms of a limited stay – HELD: appellant to pay the respondent’s costs of and incidental to the interlocutory applications giving rise to FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826, Fanatics, LLC v FanFirm Pty Limited [2024] FCA 920 and the costs applications for both.
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BFBZ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 234
MIGRATION – judicial review of decision of Minister – where Minister exercised personal power conferred by s 501BA of the Migration Act 1958 (Cth) to set aside decision of Administrative Appeals Tribunal – where Minister found visa cancellation to be in the national interest – whether Minister’s decision affected by legal unreasonableness – no error established – application dismissed with costs
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Kuk v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 235
ADMINISTRATIVE LAW – practice and procedure – application for extension of time to appeal from decision of Administrative Appeals Tribunal refusing application for resumption of Australian citizenship – where no adequate explanation provided for delay – application dismissed
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Younes v Minister for Immigration and Multicultural Affairs [2025] FCA 236
MIGRATION – application for judicial review of Minister’s decision – where Minister exercised personal power conferred by s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis that cancelling the applicant’s visa was in the national interest – where applicant convicted of serious criminal offences – whether Minister’s decision affected by legal unreasonableness – no error established – application dismissed with costs
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CKU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 239
MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – fast track review process – whether Immigration Assessment Authority fell into jurisdictional error by failing to consider a claim – whether primary judge erred in not so holding – held: appeal dismissed
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BKN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 242
MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority’s decision was legally unreasonable – whether there was a logical connection between the available evidence and the Authority’s conclusion – no jurisdictional error – appeal dismissed
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Australian Securities and Investments Commission v Bekier (Evidentiary Ruling) [2025] FCA 237
EVIDENCE – voir dire – whether sworn testimony of a witness at an inquiry is subject to the prohibition in s 17(2) of the Royal Commissions Act 1923 (NSW) – whether the relevant provision of the State law is “picked up” in federal jurisdiction by reason of s 79 of the Judiciary Act 1903 (Cth) – whether the probative value of evidence is substantially outweighed by the dangers listed in s 135 of the Evidence Act 1995 (Cth) – evidence on voir dire admitted in the trial
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S.N.A Group Pty Ltd v Commissioner of Taxation [2025] FCA 240
TAXATION – appeal against an objection decision of the Commissioner of Taxation – whether deductions claimed under s 8-1 of the Income Assessment Act 1997 (Cth) were allowable – whether owners and controllers of entities in a corporate group could charge those same entities for services provided by other members of that corporate group – where holding of assets in the non-operating entities was for the purposes of asset protection or profit distribution – whether conduct of parties can assist in determining terms of an informal contract for the provision of services – appeal allowed
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Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq) (No 2) [2025] FCA 238
CORPORATIONS – civil penalty proceedings – alleged contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) – where relief sought includes declarations and pecuniary penalties – alleged breaches of National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) – where prohibition under Disability Act 2006 (Vic) on use of physical restraints on NDIS participants or person with disability – alleged use of prohibited restrictive practices on NDIS participants in contravention of NDIS Act – whether Commissioner should be required to provide a statement of claim
PRACTICE AND PROCEDURE – concise statement method – use of concise statement in civil penalty proceedings – whether applicant should be required to file and serve statement of claim – whether sufficient particulars of allegations in concise statement – whether unfairness in requiring respondents to read concise statement together with multiple additional documents
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Caddy, in the matter of Roberts Co (VIC) Pty Ltd (Administrators Appointed) [2025] FCA 243
CORPORATIONS – application for orders pursuant to ss 447A(1) or 443B(8) of the Corporations Act 2001 (Cth) varying the operation of s 443A(1) and s 443B(2) such that the administrators are not personally liable for rent or other amounts under leases or agreements in relation to third-party property for a period of three weeks – application granted
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Purcell v IDN24 [2025] FCA 215
CONTEMPT OF COURT – Contempt of the Australian Crime Commission punishable as contempt of Federal Court – failure or refusal to answer questions – whether a purported lack of recollection could amount to a failure or refusal to answer questions – whether lack of memory is inherently implausible – inferences – Applicant failed to discharge its burden – application dismissed
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De Grey Mining Ltd, in the matter of De Grey Mining Ltd [2025] FCA 246
CORPORATIONS – interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) – script takeover scheme of arrangement
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