Courts
Recent published judgments from the courts that serve Darwin, alongside the Federal Court and the High Court of Australia.
Federal Court of Australia
INDUSTRIAL LAW – where applicant was initially engaged in 2012 as an independent contractor — whether applicant was engaged as an independent contractor or employee from July 2017 when undertaking role as Fund Manager or from April 2021 when appointed as Managing Director – whether changes to role and fees payable to the applicant gave rise to variation of original contract or its recission – whet
Federal Court of Australia
CORPORATIONS – application to rectify ASIC register – where ASIC register recorded purported appointments of directors and company secretaries – where Court previously found appointments invalid under company constitution – whether power under s 1322(4)(b) of the Corporations Act 2001 (Cth) engaged – whether no substantial injustice under s 1322(6). Held: orders made.
Federal Court of Australia
PRACTICE AND PROCEDURE - whether the plaintiff's case against the first defendant should be heard before the plaintiff's case against the second and third defendant – where terms of declaratory orders sought against the defendants differ – where plaintiff and first defendant jointly propose the making of declaratory orders as to contraventions based upon agreed facts and admissions – where second
Federal Court of Australia
ENVIRONMENT LAW – project being carried out for the extraction of unconventional gas by hydraulic fracturing in the Northern Territory – application for injunction under s 475 Environment Protection and Biodiversity Conservation Act 1999 (Cth) on the ground that approval is required under Pt 9 – scope of the “action” the impacts of which must be assessed – whether relevant action likely to have a
Federal Court of Australia
MIGRATION — appeal dismissed — no question of principle
Federal Court of Australia
PRACTICE AND PROCEDURE – application for leave to file further amended originating application and further amended statement of claim – whether viable claims of direct discrimination pursuant to section 9(1) of the Racial Discrimination Act 1975 (Cth) pleaded or capable of being pleaded – where some claims found to be adequately pleaded, and others not – whether there would be non-compliance with
Federal Court of Australia
MIGRATION — appeal dismissed — no question of principle
Federal Court of Australia
BANKRUPTCY AND INSOLVENCY – application for annulment by the Court – whether sequestration order ought not to have been made – no evidence of solvency – no other basis for annulment identified – application dismissed
Federal Court of Australia
PRACTICE AND PROCEDURE – application for an extension of time to appeal a decision of the Administrative Appeals Tribunal – Tribunal dismissed applicant’s claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – exceptional delay – inadequate explanation of delay – insufficient prospects on appeal – inference of prejudice – public interest in finality of litigation – application d
Federal Court of Australia
PRACTICE AND PROCEDURE – where default judgment entering money judgment previously granted –where interlocutory application to set aside default judgment filed ten months later – whether default judgment given not in the absence of a party is interlocutory or final – where set aside application not pressed at hearing – application dismissed and indemnity costs ordered against first defendant
Federal Court of Australia
MIGRATION – application for review of decision to cancel applicant’s visa pursuant to s 501(2) of the Migration Act 1958 (Cth) (the Act) – whether decision illogical or irrational – whether Minister failed to consider legal consequences of s 501E of the Act – whether s 501(2) is subject to an implied temporal limitation – application dismissed
Federal Court of Australia
INDUSTRIAL LAW – registered organisations – interlocutory application to extend scheme of administration – whether application is directed at a new scheme – whether Administrator complied with requirements in scheme of administration – where Administrator opposes extension of scheme of administration – where no serious question to be tried – balance of convenience is fairly even – interim relief n
Federal Court of Australia
CORPORATIONS LAW – where financial services licensee contravened s 912DAA(1) and (7) of the Corporations Act 2001 (Cth) (Corporations Act) by failing to report reportable situations to the Australian Securities and Investments Commission (ASIC) on time or at all, after an investigation into whether there was a significant breach of a core obligation had continued for more than 30 days (being a rep
Federal Court of Australia
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming a decision of a delegate of the Minister not to revoke cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether Tribunal erred by failing to consider material that was relevant to a central and prominent issue relating to the primary considerat
Federal Court of Australia
CORPORATIONS – application by administrators under s 447A of the Corporations Act 2001 (Cth) for relief from personal liability arising under s 443A of the Corporations Act – where funding arrangements to maintain the Company’s business as a going concern – application granted
Federal Court of Australia
PRACTICE AND PROCEDURE – rule 39.05(a) of the Federal Court Rules 2011 (Cth) – application to set aside default judgment – where applicant failed to file a Notice of address for service after his solicitors ceased acting for him – where applicant has no satisfactory explanation for failure to do so – where applicant aware of proceedings and failure apparently deliberate – where it is accepted that
Federal Court of Australia
MIGRATION – judicial review – decision of Minister to set aside Administrative Appeals Tribunal decision revoking cancellation of the applicant’s visa – Minister’s decision made 13 months after the Tribunal decision – proper construction of s 501BA of the Migration Act 1958 (Cth) – no requirement under s 501BA to exercise the power within a reasonable time MIGRATION – whether Minister’s exercise o
Federal Court of Australia
BANKRUPTCY AND INSOLVENCY – application for interim injunction restraining transfer or encumbrance of property – where ex parte freezing orders were made against the third respondent – whether there were material non-disclosures on part of the applicant – whether freezing orders should be extended – freezing orders varied
Federal Court of Australia
PRACTICE AND PROCEDURE – application for review of registrar’s order for substituted service of bankruptcy notice – hearing de novo of application for substituted service pursuant to r 10.24 and/or r 10.49 of the Federal Court Rules 2011 (Cth) (Rules) or alternatively deemed service under r 10.23 and/or r 10.48 of the Rules – where bankruptcy notice emailed to the respondent – where insufficient e
Federal Court of Australia
PRACTICE AND PROCEDURE – application for order under s 15 of the Administrative Decisions (Judicial Review) Act 1976 (Cth) suspending the operation of an administrative decision – application for interlocutory injunction – where delegate of the Minister decided that proposed action was not a “controlled action” for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (
Federal Court of Australia
PRACTICE AND PROCEDURE – Dismissal for want of prosecution – where applicant filed application but took no further step in proceedings – where arrangements made for pro bono representation but applicant failed to give instructions – whether dismissal appropriate in the circumstances
Federal Court of Australia
PRACTICE AND PROCEDURE – Application for urgent interim injunction restraining company from transferring funds out of bank accounts – where company holds money on behalf of related company in liquidation – where there is a risk that the company may dissipate assets by transferring funds to China – where no substantive proceedings on foot – whether prima facie case established – whether balance of
Federal Court of Australia
CORPORATIONS – Application by liquidators for pooling orders under Corporations Act 2001 (Cth) s 579E – where members of corporate group collectively operated a single business using intermingled assets and liabilities – where no records of intercompany indebtedness kept – where individual liquidations would require substantial expenditure – whether just and equitable to grant relief – orders made
Federal Court of Australia
BANKRUPTCY – application by trustee for approval of remuneration – where trustee's remuneration fixed by creditors – where sale of bankrupt's home occurred six years after sequestration order – where trustee made inquiries into bankrupt's income but did not perform income contribution assessment until four years after sequestration order - consideration of the Court's supervisory jurisdiction over
Federal Court of Australia
PRACTICE AND PROCEDURE – application for stay of judgment pending appeal – where primary judge had granted a stay with conditions – where appellant unable to meet judgment sum – whether grounds of appeal are arguable – whether undertaking by appellant sufficient to secure judgment debt – whether balance of convenience favours granting of a stay
Federal Court of Australia
INDUSTRIAL LAW – application for statutory compensation pursuant to provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – respondent alleged to have contravened an applicable enterprise agreement (and thereby s 50 of the FW Act) in failing to afford entitlements to two of its employees both during and upon termination of employment – where certain contraventions admitted, and some of them remedi
Federal Court of Australia
CORPORATIONS – application under s 473A of the Corporations Act 2001 (Cth) to fill a vacancy in the office of liquidator appointed by the Court – current liquidator retiring – replacement with liquidators of the same firm – application approved BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a registered trustee – application under
Federal Court of Australia
BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice dismissed by judicial registrar – whether claim to money paid into Court constitutes a cross-demand within section 40(1)(g) Bankruptcy Act 1966 (Cth) – application dismissed with costs
Federal Court of Australia
PRACTICE AND PROCEDURE – application for determination of substantive proceeding on the papers without an oral hearing – whether requirements of s 20A of the Federal Court of Australia Act 1976 (Cth) are met – where applicant is self-represented and claims to be affected by hearing loss and tinnitus – where applicant submits material facts are uncontested and that issues arising from existing docu
Full Court of the Federal Court of Australia
DEFAMATION – appeal from judgment dismissing defamation proceedings – where appellant spectators pleaded that television broadcasts conveyed imputations that they had engaged in racist conduct towards rugby player during match – whether primary judge erred in finding that imputations pleaded against second and third respondents in respect of commentary concerning the conduct of the appellants at t