PRACTICE AND PROCEDURE – application by applicant for further discovery following the filing of an amended pleading and service of evidence by both parties – application resisted by the respondent on various bases – application allowed – application by the respondent to set aside a notice to produce – application not allowed – application by the applicant for leave to issue a subpoena to a third party – application allowed
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Wilson v Secretary, Department of Agriculture, Fisheries and Forestry (No 2) [2025] FCA 394
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Ward, in the matter of Platinum Quest Pty Ltd (in liq) v OJMAC Pty Ltd as trustee for the Cheree Leanne Family Trust (No 2) [2025] FCA 401
CORPORATIONS – liquidators – company once a trustee – application made for remuneration – remuneration to be paid from trust assets for work done in capacity as court appointed receiver – application allowed
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Australian Securities and Investments Commission v DOD Bookkeeping Pty Ltd (in liq), in the matter of DOD Bookkeeping Pty Ltd (in liq) (No 2) [2025] FCA 395
CORPORATIONS – where the defendant as the holder of an Australian financial services licence, contravened: (1) s 961K(2) of the Corporations Act 2001 (Cth) by reason of its representatives contravening ss 961B and 961G of the Act; (2) s 963E(2) of the Act by reason of the provision to, and acceptance by, representatives of the defendant of conflicted remuneration in the form of bonus payments – consideration of declarations to be made and penalties to be imposed
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Sanofi v Amgen Inc. (No 3) [2025] FCA 387
PATENTS – appeal from decision of Delegate of Commissioner of Patents holding oppositions to patent applications unsuccessful – applications for patents including claims to isolated monoclonal antibodies that bind to epitopes on PCSK9 that include one or more specified amino acid residues and which block binding of PCSK9 to LDLR and claims to isolated monoclonal antibodies that bind to at least one specified amino acid on PCSK9 and which block binding of PCSK9 to LDLR – where opposition based on (inter alia) alleged failure to meet requirements of s 40 of the Patents Act 1990 (Cth) in the form it took before amendment by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) – whether claims would be clearly invalid if Applications proceeded to grant – whether claims fairly based on the matter described in the specifications – whether claims fail to define the invention – whether claims fail to describe the invention fully –whether claims to a single invention comprising a class of antibodies or a multiplicity of different inventions not fully described – whether claims for a manner of manufacture – whether claims entitled to priority date of 23 August 2007 based on provisional application filed on that date – whether claims involve an inventive step – whether notional skilled team would have been directly led to try to generate antibodies in the expectation that they may well block binding between PCSK9 and LDLR – consideration of state of the art at the priority date PATENTS – whether claims to isolated monoclonal antibodies that compete with specified reference antibodies for binding to PCSK9 lack clarity by failing to specify a numerical value or otherwise failing to provide a workable standard with respect to such competition Held: Appeal dismissed
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Health Services Union v Asmar (No 4) [2025] FCA 403
PRACTICE AND PROCEDURE – leave to amend concise statement and originating application – nature and purpose of concise statement – whether events occurring after proceedings filed are relevant to question under s 323 of the Fair Work (Registered Organisations) Act – where amendments refer to affidavit material previously filed – leave to amend granted
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PLCP v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 398
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of visa – whether legally unreasonable to defer assessment of non-refoulement obligations to subsequent protection visa application – whether failure to consider applicant’s representations regarding impediments to her removal to South Sudan – application dismissed
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Keenan, in the matter of Prospero Markets Pty Ltd (In liq) [2025] FCA 390
CORPORATIONS – application for directions under s 90-15 of the Insolvency Practice Schedule (Corporations) – application for judicial advice under s 63 of the Trustee Act 1925 (NSW) – whether liquidators should use company’s general funds or client money held on trust to pay liquidators’ remuneration and costs – whether liquidators justified in pooling client money from company’s four bank accounts – whether liquidators justified in converting USD denominated client funds into AUD – whether liquidators justified in treating clients who traded on an offshore platform as having nil entitlement – whether liquidators justified in treating clients with entitlements of $100 or less as having nil entitlement – approval of distribution process
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TGRN v Minister for Immigration and Multicultural Affairs [2025] FCA 405
MIGRATION – application for extension of time for filing of application for judicial review – error in Tribunal’s decision conceded – no appearance by the applicant – application dismissed for non-appearance
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SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60
COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of primary judge - whether full indemnity as to costs justified in the circumstances - held appellant's conduct unreasonable in two substantial but not all respects - appellant ordered to pay percentage (90%) of respondent's costs as assessed on an indemnity basis
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Reynolds v Judicial Registrar Burns (No 2) [2025] FCA 409
PRACTICE AND PROCEDURE – application under r 39.05(a) of the Federal Court Rules 2011 (Cth) to set order for the dismissal of the proceeding – where applicant did not appear at the final hearing – where orders were made to dismiss the proceeding under r 30.22 – application dismissed
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GRPN v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 406
MIGRATION - judicial review of decision of Administrative Appeals Tribunal as to whether to revoke cancellation of visa - whether Tribunal misunderstood nature of applicant's claims - whether Tribunal considered the best interests of minor children in Australia to in the appropriate manner - whether Tribunal considered the impact of removal on immediate family members in Australia - jurisdictional error found - application upheld
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Hodgson (Liquidator), in the matter of ACN 009 068 473 Pty Ltd (in liq) [2025] FCA 410
CORPORATIONS – liquidators' application for approval to enter into litigation funding agreement – term exceeds three months – s 477(2B) of the Corporations Act 2001 (Cth) – potential voidable transaction proceeding – application for suppression orders to prevent prejudice to the proper administration of justice – approval granted and suppression order made
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Roberts-Smith v Fairfax Media Publications Pty Ltd [2025] FCA 414
PRACTICE AND PROCEDURE – where the Court has issued six subpoenas to produce documents to various third-parties including the respondents’ legal representatives at the appellant’s request – where the appellant has served the Second Respondent with a notice to produce – whether the subpoenas and notice to produce serve a legitimate forensic purpose
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Mount v Dover Castle Metals Pty Ltd (Costs) [2025] FCA 402
COSTS – where applicant sued respondents for damages/compensation, exemplary damages and pecuniary penalties alleging contraventions of whistleblower provisions of Corporations Act 2001 (Cth) and of general protections provisions of Fair Work Act 2009 (Cth) and also claimed to have been wrongfully dismissed – where Fair Work Act claims abandoned shortly before trial and other claims dismissed – where applicant refused to accept numerous offers to settle proceedings – where respondents applied for costs and both Acts limit power of Court to make costs orders against an applicant in applicant’s position, which Act applies – where respondents claim applicant’s failure to accept any one of three particular offers of settlement was unreasonable, whether applicant should be ordered to pay costs – whether costs should be awarded on an indemnity basis
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Australian Steel Manufacturing Pty Ltd v Selection Steel Trading Pty Ltd [2025] FCA 407
CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo - whether genuine dispute about the existence or amount of the debt and whether there is an offsetting claim within meaning of s 459H of the Corporations Act 2001 (Cth) – relevant principles –
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GRCF v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 415
MIGRATION – application for judicial review of a Minister’s decision made personally under s 501BA of the Migration Act 1958 (Cth) – where part of the Minister’s reasoning illogical – whether illogicality was material – where the Minister did not obtain updated information about the Applicant – whether unreasonable to treat dated material as if it were up to date – whether sufficient consideration of legal consequences of decision –
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Central Goldfields Shire Council v Australian Municipal, Administrative, Clerical and Services Union [2025] FCAFC 59
INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how properly to assess whether or not the making of an SIEA would be contrary to the public interest – whether Commission misunderstood significance to public interest of “fundamental workplace relations principles” established by s 3A of the Fair Work (Commonwealth Powers) Act 2009 (Vic) – application dismissed.
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Selfwealth Ltd, in the matter of Selfwealth Ltd (No 2) [2025] FCA 416
CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme
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Bredenkamp (Liquidator), in the matter of Coolgardie Minerals Limited (in liq) [2025] FCA 404
CORPORATIONS - Corporations Act 2001 (Cth)
s 477(2B) - application for retrospective approval for entry into funding agreement lasting more than three months - application for approval for entry into proposed legal costs agreement lasting more than three months - application for suppression orders to prevent prejudice to the proper administration of justice - approvals granted - orders made
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Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 4) [2025] FCA 411
COSTS – first applicant had mixed success at trial – second applicant unsuccessful – factors relevant to discount to be applied to costs otherwise payable – disproportion between time and costs of trial and outcome – respondents claim indemnity costs from date of offers – whether judgment less favourable than offers under r 25.14(1) of the Federal Court Rules 2011 (Cth) – whether regardless r 25.14(1) should not apply – whether Calderbank principles apply – respondents to pay applicants' costs on standard basis but with significant discount – apportionment of costs between respondents
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