CONTEMPT OF COURT – contempt by respondent by breach of permanent injunction on 365 occasions – contempt admitted – respondent continued to provide taxation services when unlicensed – contempt occurring in circumstances where respondent aware conduct contravened Tax Agent Services Act 2009 (Cth) and aware of permanent injunction – imposition of fine not appropriate – term of imprisonment imposed – indemnity costs ordered
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Tax Practitioners Board v Dabalos (formerly Van Stroe) (No 3) [2025] FCA 223
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Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35
BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or caveat sufficed to prove that issuing of bankruptcy notice was an abuse of process – whether primary judge erred by not finding bankruptcy notice issued for ulterior purpose – whether primary judge erred by inferring freezing order might have been varied by agreement – whether primary judge erred by not providing proper reasons for not inferring existence of improper purpose in issuing bankruptcy notice – appeal dismissed. PRACTICE AND PROCEDURE – interlocutory application to adduce further evidence on appeal – where respondent seeks to adduce evidence of court orders to refute argument not raised by the appellant before primary judge – where appeal foredoomed to failure regardless of whether further evidence is admitted – application dismissed.
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Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of credit about a witness who would give further evidence at the penalties stage – where statutory regime required regard to be had to the contraventions and surrounding circumstances in determining penalty – HELD: by majority recusal not reasonable in the circumstances – appeal allowed – orders for reallocation of the liability hearing be set aside CONSUMER LAW – interaction between ss 166 and 167 of the National Consumer Credit Protection Act 2009 (Cth)
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SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where appellant in the business of providing small amount credit contracts - where small amount credit contracts made provision for a 'rescheduled payment' or 'amendment' fee (Amendment Fee) - whether primary judge erred in finding that the Amendment Fee could not be imposed consistently with the Code because it was a fee prohibited by s 23A and s 31A of the Code - whether evidence as to the circumstances pertaining when an Amendment Fee was charged under the contracts relevant to establishing contraventions - held upon proper construction of contract terms, Amendment Fee could not be imposed consistently with the Code - contraventions upheld - appeal dismissed CONSUMER LAW - jurisdiction - where detailed provision made in Act for enforcement of its provisions by regulator - where no like provisions found in the Code - where provisions of the Act enabling the regulator to seek civil penalties for transgressions of Code introduced in 2019 - whether provisions in the Act which empower regulator to apply to the Court for declarations of contraventions and for pecuniary penalties also apply to contraventions of the Code, such that the regulator has statutory authority to apply to the Court seeking declarations - whether Court has jurisdiction to make declarations for pre-2019 conduct - held provisions in the Act with respect to enforcement apply to the Code - source of the Court's jurisdiction to grant declaratory relief different for pre- and post-2019 conduct - source of Court's jurisdiction to grant declaratory relief in respect of pre-2019 conduct found in s 21(1) of the Federal Court of Australia Act 1976 (Cth) - declaratory orders of primary judge set aside and restated PRACTICE AND PROCEDURE - conduct of appeal - where more than 30 grounds of appeal advanced - where appeal grounds did not engage with reasoning pathway of primary judge - where appeal grounds challenging factual findings did so by reference to evidence before primary judge - where matters alluded to in appeal grounds not developed in written or oral submissions - consideration of principles in relation to conduct of appeals and formulation of appeal grounds
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CUR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 249
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - judicial review of a decision of the Administrative Appeals Tribunal to refuse protection visas - alleged failure of Tribunal to consider the future risk of kidnapping if the first appellant was returned to Pakistan - alleged failure of Tribunal to conduct an adequate review of appellants' complementary protection claims in respect of kidnapping - manner of Tribunal's consideration of the risk of kidnapping adequate - appeal dismissed
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Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical composition where the active pharmaceutical ingredient is in the form of a complex in which the ions are associated by non-covalent bonds – no error shown PATENTS – extension of patent term – appeal against primary judge’s finding that the extension of term was not validly granted – s 70 Patents Act 1990 (Cth) – no error shown
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Rai v Minister for Immigration and Multicultural Affairs [2025] FCA 247
MIGRATION – student visa – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where the applicant failed to attend – where the applicant was given sufficient notice of the hearing – application dismissed for non-appearance
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Suhren v Cooper (Trustee) [2025] FCA 251
BANKRUPTCY - application by bankrupt for court to exercise discretion to compel trustee respondent to provide written consent to bankrupt leaving Australia pursuant to s 272(1)(c) of the Bankruptcy Act 1966 (Cth) - whether applicant failed to comply with obligations under s 77 of the Bankruptcy Act 1966 (Cth) - whether applicant established that proposed travel is genuine - application dismissed
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Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) (No 2) [2025] FCA 248
CORPORATIONS – ex parte interlocutory application –companies in provisional liquidation hold assets on trust –risk of dissipation of assets – appointment of receivers to the assets of the trusts to facilitate the administration
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Houten v Lennon [2025] FCA 252
PRACTICE AND PROCEDURE – Registrars – review of Registrar’s power to make sequestration order – review is a hearing de novo – meaning of “hearing de novo”
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Greentree Resources Pty Ltd (in liq) v Greentree, in the matter of Greentree Resources Pty Ltd (in liq) [2025] FCA 256
BANKRUPTCY AND INSOLVENCY – Application for court approval to compromise debts owing to first plaintiff – Application for court approval to enter into retainer agreement, litigation funding agreement and Deed of Settlement and Release – Application for suppression orders – Application for appointment of liquidators as receivers and managers without security over property assets and undertaking of a trust – Applications granted
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Xie v Moshav Financial Wholesale Pty Ltd [2025] FCA 250
CORPORATIONS – where representative of a holder of an Australian financial services licence (“licensee”) alleged to have contravened provisions in the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth) and/or the Australian Consumer Law – whether licensee liable for conduct of representative – where representative made false and misleading representations and engaged in conduct that was misleading and deceptive – where licensee liable for conduct of representative – orders for damages CONTRACTS – where representative of licensee alleged to have breached employment agreement and/or fiduciary duties and/or engaged in misleading and deceptive conduct – where representative breached employment agreement and fiduciary duties – orders for damages
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Kannangara v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 254
MIGRATION – appeal from Federal Circuit and Family Court of Australia – Regional Employer visa refused – refusal affirmed by the Tribunal – where there was no approved nomination by employer
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BQJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 255
MIGRATION – appeal from Federal Circuit and Family Court – refusal to grant protection visa – where refusal affirmed by the Administrative Appeals Tribunal – whether primary judge erred in finding Tribunal decision not affected by jurisdictional error
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Deng v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 260
MIGRATION – judicial review of decision of Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate not to revoke mandatory cancellation of applicant’s visa under s 501(3A) of the Migration Act (Cth) – where Tribunal required to consider best interests of minor children and legal consequences of its decision – where Tribunal found refoulment unlikely and not the “realistic outcome”– whether tribunal erred by considering best interests of minor children by reference to a counterfactual scenario that was unlikely – application upheld – matter remitted for determination according to law
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LGC24 v Minister for Immigration and Multicultural Affairs [2025] FCA 253
MIGRATION – application for mandamus – whether decision to grant or refuse a protection visa has been unreasonably delayed – where proceedings commenced nine days after the applicant provided her response to Notice of Intention to Consider Refusal – whether permissible to have regard to events subsequent to the commencement of proceedings – where application said to be simple – where issues relevant to application said to have been the subject of earlier consideration in connection with an application for a different visa – whether referral of application to Minister to consider personal decision gave rise to unreasonable delay – application dismissed
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Helicopter Aerial Surveys Pty Ltd v NTI Ltd [2025] FCA 265
PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from insurer following judgment debt and costs order in FCCA proceedings – Application granted COSTS – Where outgoing respondent asserted it was the relevant insurer – Where applicant sought clarification of NTI Ltd’s role and which entity was the insurer – Where applicant foreshadowed a claim under s 601AG of the Corporations Act 2001 (Cth) – Where outgoing respondent later said it was the appointed claims manager, not the relevant insurer – Where outgoing respondent failed to clarify that the insurance business had been transferred to Insurance Australia Limited – The parties pay their own costs of the proceedings to date – The outgoing respondent pay the applicant’s costs of and in relation to the interlocutory hearing
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Helicopter Aerial Surveys Pty Ltd v NTI Ltd [2025] FCA 265
PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from insurer following judgment debt and costs order in FCCA proceedings – Application granted COSTS – Where outgoing respondent asserted it was the relevant insurer – Where applicant sought clarification of NTI Ltd’s role and which entity was the insurer – Where applicant foreshadowed a claim under s 601AG of the Corporations Act 2001 (Cth) – Where outgoing respondent later said it was the appointed claims manager, not the relevant insurer – Where outgoing respondent failed to clarify that the insurance business had been transferred to Insurance Australia Limited – The parties pay their own costs of the proceedings to date – The outgoing respondent pay the applicant’s costs of and in relation to the interlocutory hearing
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Construction, Forestry and Maritime Employees Union v Programmed Industrial Maintenance Pty Ltd [2025] FCA 257
INDUSTRIAL LAW – Employment – Termination of employment – Adverse action – Exercise of a workplace right – Reinstatement of employee – Interlocutory relief EVIDENCE – Admissibility – Objection to – Hearsay – Unfairly Prejudicial – Relevance – Discretion
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Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Sydney Trains [2025] FCAFC 39
INDUSTRIAL LAW – where union sought judicial review of judgment of the Full Bench of the Fair Work Commission (‘the Commission’) under s 425(1)(a) of the Fair Work Act 2009 (Cth) – where union submitted that the Commission erred by misconstruing s 425(1)(a), reaching an irrational decision in respect of s 425(1)(b), and making unsupported factual findings – whether the Commission gave adequate consideration to the union’s specific concerns and the protected industrial action in which it was engaged under s 425(1)(a) – whether the Commission’s consideration under s 425(1)(b) of the funding constraints of the NSW Government was legally irrational – whether the Commission made two factual findings in the absence of evidence
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