Fortescue Ltd v Element Zero Pty Ltd [2024] FCA 590
PRACTICE AND PROCEDURE - where the applicants had successfully applied for, and executed, Anton Piller search orders - where hearing was first return date after the execution of the search orders -...
View ArticlePleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie (No 3)...
CORPORATIONS - where the liquidator of a company in a group of companies seeks the return of trade marks for the benefit of its creditors or, failing that, equitable compensation or damages for the...
View ArticleMonks v Mawhinney [2024] FCA 582
BANKRUPTCY AND INSOLVENCY - creditor's petition - whether the respondent is indebted to the applicants as required by s 44(1)(a) of the Bankruptcy Act 1966 (Cth) - whether the respondent gave notice...
View ArticleSecretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71
ADMINISTRATIVE LAW - whether primary judge erred in finding that a decision of the appellant's delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989...
View ArticleProbiotec Limited, in the matter of Probiotec Limited (No 2) [2024] FCA 593
CORPORATIONS - scheme of arrangement - second court hearing - application under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement - where scheme implementation deed...
View ArticleSunflower Care Services Pty Ltd v Commissioner of the NDIS Quality and...
ADMINISTRATIVE LAW - application for interlocutory injunction restraining decision-maker from making administrative decisions and suspending operation of existing administrative decision under the...
View ArticleImpiombato v BHP Group Limited (No 5) [2024] FCA 591
REPRESENTATIVE PROCEEDINGS - Practice and Procedure - application to amend group definition to expand the class, and for amendments to relate back to commencement of proceeding - application to amend...
View ArticleCCU21 v Minister for Home Affairs (Peremptory Mandamus) [2024] FCAFC 69
MIGRATION - application for peremptory writ of mandamus - where Court had previously issued mandamus directing the Respondent to determine Appellant's revocation application according to law - whether...
View ArticleKeybridge Capital Limited v WAM Active Limited (No 2) [2024] FCAFC 72
COSTS - whether costs of unsuccessful appeal should be paid on an indemnity basis
View ArticleIerna v Commissioner of Taxation [2024] FCA 592
INCOME TAX - where the applicants appeal against objection decisions made by the respondent (Commissioner) in relation to assessments for the 2016 income year made under the Income Tax Assessment Act...
View ArticleNguyen v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) - whether failure to...
View ArticleScott v Emancee Pty Limited (in liq) [2024] FCA 600
BANKRUPTCY AND INSOLVENCY - judicial advice and direction to trustee - where trustee in potential position of conflict - requested orders made
View ArticleMajor v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - where the Minister for Immigration, Citizenship and Multicultural Affairs had set aside a decision by the Administrative Appeals Tribunal and refused the grant of a visa under s 501A(2) of...
View ArticleCuzzubbo v Solgold Plc [2024] FCA 594
PRACTICE AND PROCEDURE - interlocutory application - deemed service - substituted service - whether practicable for applicant to effect personal service in accordance with Hague Convention - whether...
View ArticleDXF22 v Minister for Immigration, Citizenship and Multicultural Affairs...
MIGRATION - where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa - where Tribunal invited appellant to hearing via...
View ArticleVitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 3) [2024] FCA 598
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) - where the respondents have failed to comply with court orders and...
View ArticleRimfire Energy Pty Ltd v BSF Co Pty Ltd [2024] FCA 602
CONTRACTS - determination of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) - where answers to separate questions turned on proper construction of "Power Purchase...
View ArticleTedesco v LVT Capital Pty Ltd as trustee for the LVT Capital Discretionary...
CORPORATIONS - application for orders fixing later time for registration of security interests under s 588FM of the Corporations Act 2001 (Cth) - where defendants in voluntary administration - where...
View ArticleWarren v Chief Executive Officer, Services Australia [2024] FCAFC 73
ADMINISTRATIVE LAW - Appeal from a decision of a Deputy President of the Administrative Appeals Tribunal - where applicant seeks access to ten documents pursuant to the Freedom of Information Act 1982...
View ArticleCargill, Incorporated v Cargill Financial Services International Pty Ltd...
TRADE MARKS - infringement - Trade Marks Act 1995 (Cth) s 120 - use of name as a mark - use of deceptively similar mark - infringement established. TRADE MARKS - application for final relief -...
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