COSTS – application for extension of time and leave to appeal from dismissal of application for extension of time within which to object to estimate of costs – r 40.20 Federal Court Rules 2011 (Cth) – delay – whether adequate explanation for delay – where applicants claimed facts not within knowledge – where applicants made request for action from Chief Justice and Principal Registrar – where applicants dealing with other proceedings – merits of applications – whether primary decision attended with sufficient doubt to warrant reconsideration – where applicants claimed procedural unfairness – where applicants claimed apprehended bias – where applicants claimed actual bias – where applicants alleged bias because of previous, then-existing and potential future associations between primary Judge and State Bar Association – teaching and professional engagement with Bar Association – whether denial of opportunity to be heard – allegations of bullying and harassment by primary Judge – whether proceedings inappropriately expedited

PRACTICE AND PROCEDURE – application under r 30.11 of the Federal Court Rules 2011 (Cth) for consolidation of proceedings – principles of consolidation – where proceedings are at different stages – where one proceeding has been substantially determined and the other is at case management stage – whether consolidation would be convenient – whether consolidation would avoid multiplicity of actions – whether consolidation would save time and expense – whether the respondents would be prejudiced by consolidation of the proceedings – distinction between matters being tried together and consolidation of matters PRACTICE AND PROCEDURE – application under r 16.21 of the Federal Court Rules 2011 (Cth) to strike out pleadings – principles of Anshun estoppel and abuse of process – s 37M of the Federal Court of Australia Act 1976 (Cth) – where concession that cause of action estoppel applies to certain paragraphs of the second further amended statement of claim – whether claims could have been made in related earlier proceedings – forensic choices in earlier litigation – role of insurer in assuming conduct of litigation in earlier proceedings – whether all issues in dispute between parties ought be decided in single proceeding

MIGRATION – application for judicial review of decision by Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of applicant’s visa – Ground C: whether historical breaches of Minister’s guardianship obligations to the applicant, if established, influence the scope of the Minister’s power under s 501CA(4) – indivisibility and continuity of Minister’s office – whether discretion under s 501CA(4) is to be construed consistently with maxims of equity – Ground D: applicant’s birth registered in Queensland – applicant enrolled on Commonwealth electoral roll in 1986 – applicant issued an Australian passport in 2017 – Department did not notify applicant of investigation into citizenship status in 2018 – whether representations by the Minister that applicant is an Australian citizen, if established, could give rise to an equitable estoppel – whether applicant is entitled to declaration that the grant of a permanent visa is in the public interest – Ground E: whether Minister’s decision was legally unreasonable because of its unfairness – whether Minister’s decision was legally unreasonable because of the failure to consider “another reason" for revocation
STATUTORY INTERPRETATION – principle of legality – construction of legislation consistent with principles of equity
EQUITY – maxims – equity considers done what ought to be done – no man can take advantage of his own wrong – equitable estoppel – whether representations by the Minister, if established, could give rise to an equitable estoppel that would fetter or prevent the exercise of a statutory discretion
Held: application for judicial review allowed – Minister acted with legal unreasonableness by failing to consider clear and significant representations regarding applicant’s claim to be an Australian citizen, and the applicant’s representation that he only learned he was on a visa after its cancellation

PRACTICE AND PROCEDURE – application for stay of proceeding, or alternatively transfer of proceeding to Family Court of Australia – liquidators commenced proceeding in Federal Court alleging entitlement of liquidated companies to proceeds of sale of certain properties – liquidators allege first defendant was de facto director of each liquidated company – liquidators allege funds from bank accounts of liquidated companies were used to fund purchase of, or to meet mortgage repayments for, properties – separate proceedings on foot in Family Court where second and third defendants to this proceeding, and the Deputy Commissioner of Taxation, allege that they have an interest in the properties – whether, having regard to the interests of justice, it is more appropriate that the proceeding to be determined by the Family Court
Held: proceeding transferred to the Family Court of Australia pursuant to s 1337H(2) of the Corporations Act 2001 (Cth)

PRACTICE AND PROCEDURE – application for partial default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) against respondents – failure of respondents to defend proceeding – failure of respondents to attend case management hearing – failure of respondents to comply with Court orders – whether Court has jurisdiction to grant relief – whether applicant is entitled to relief
INDUSTRIAL LAW – application for declaratory relief and compensation orders in relation to contraventions of the Fair Work Act 2009 (Cth) – failure to pay minimum hourly rates – failure to pay employees in full – failure to make and keep employee records – failure to provide pay slips – whether contraventions are serious contraventions as they were part of a systematic pattern of conduct – whether first respondent expressly, tacitly or impliedly authorised contraventions – whether second respondent knew that first respondent’s contraventions were serious contraventions
Held: application for partial default judgment granted

COSTS – application by respondent for costs on a party and party basis and then on an indemnity basis – application by applicant for leave to discontinue a part of the proceeding – whether there is some special or unusual feature in the case – where the applicant refused a Calderbank offer and an offer of compromise under r 25.14 – whether the offer was a genuine offer – whether the applicant unreasonably or imprudently failed to accept that offer – whether that failure justified indemnity costs – whether indemnity costs should be ordered in respect of the two claims made in the proceeding – application granted, indemnity costs ordered

NATIVE TITLE — appeal from a determination of separate questions under r 30.01 of the Federal Court Rules 2011 (Cth) – where the separate questions related to four parcels of reserved crown land in northern New South Wales – whether the separate question procedure was appropriate in these proceedings – whether the issue raised was hypothetical – whether the issue raised was so minor and peripheral to the overall dispute to justify the separate question procedure being employed – appeal dismissed, answers to separate questions set aside

COSTS – where the applicant sought the indulgence of the Court and would therefore not ordinarily be entitled to costs – whether the defendants unnecessarily lengthened the proceeding – application dismissed

MIGRATION – appeal from a decision of the Federal Circuit Court of Australia which dismissed an application for judicial review of an International Treaties Obligation Assessment – where the appellant claimed to fear harm if returned to Afghanistan – where the Assessment found that fear of persecution was not well-founded – whether the primary judge erred in failing to find that the second respondent erred by engaging in illogical reasoning – appeal dismissed

PRACTICE AND PROCEDURE – application for substituted service pursuant to r 10.24 of the Federal Court Rules 2011 (Cth) – party aware of proceeding but resisting service – application granted

INDUSTRIAL LAW – termination of employment contract not unlawful – misconduct – unpaid annual leave and long service leave entitlements
CONTRACT – damages for settlement of proceedings instituted overseas PRACTICE AND PROCEDURE – costs

PRACTICE AND PROCEDURE – application for leave to appeal – application refused – no arguable error

CORPORATIONS – penalties for breaches of Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) and Corporations Act 2001 (Cth) (Corporations Act) – where breaches already established – pecuniary penalty for breach of s 12CB(1) of the ASIC Act – maximum penalty justified – disqualification orders under s 206E of the Corporations Act – permanent disqualification and disqualification for 15 years respectively justified – permanent injunctions preventing defendants from carrying on a financial services business granted
PRACTICE AND PROCEDURE – costs – where plaintiff applied for Sanderson or Bullock Order against unsuccessful defendants in respect of successful defendants’ costs – proceedings reasonably started against successful defendants but unreasonably persisted in – unsuccessful defendants did not induce plaintiff to continue proceedings against successful defendants – not fair and reasonable to impose liability for successful defendants’ costs on unsuccessful defendants – Sanderson and Bullock Orders refused

PRACTICE AND PROCEDURE – Minister failing to comply with the law – necessity for an order to be made – prospect of finding of contempt MIGRATION – application for an order to be made within a specified time

EVIDENCE – expert opinion evidence – objection to expert opinion evidence as inadmissible – whether the opinions expressed in the expert report are relevant to any fact in issue – whether the expert brought identified specialised knowledge to bear in formulating opinion – whether process of reasoning disclosed

MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision of Administrative Appeals Tribunal (AAT) – whether AAT failed to properly consider any claims – whether AAT erred in not later requesting oral evidence after none given by certain individuals at hearing – whether AAT failed to comply with s 424AA or s 424A of the Migration Act 1958 (Cth) – whether the AAT erred in declining to telephone two prospective witnesses – whether Tribunal failed to make inquiries about critical facts – appeal dismissed

CORPORATIONS – application pursuant to s 477(2B) of the Corporations Act 2001 (Cth) (the Act) for approval for liquidators to enter into a retainer with the solicitors who have represented and continue to represent the largest creditor of company being wound up – application under s 90-15 of Div 90, Sch 2 to the Act – whether s 477(2B) is applicable to retainer between solicitors and liquidators – whether approval should be given retrospectively – whether there would be prejudice to the liquidator’s independence.
Held: application granted.

PRACTICE AND PROCEDURE – interlocutory application – contempt of court – alleged breach of implied undertaking not to use certain documents obtained in the course of proceedings for collateral or ulterior purpose – affidavits found to have been lodged voluntarily and not pursuant to compulsion of the court – no breach of implied undertaking – respondent not guilty of contempt of court – interlocutory application dismissed

REPRESENTATIVE PROCEEDINGS – applications for approval of settlements of three class actions pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – where three class actions commenced against the Commonwealth – where each class action advanced claims in nuisance, negligence and for contraventions of Environment Protection and Biodiversity Conservation Act 1999 (Cth) – where claims alleged damage in relation to land and business value diminution caused by use of firefighting foam containing per- and poly-fluoroalkyl substances at Royal Australian Air Force bases – where large number of submissions made by group members opposed to approval of the settlements – where several group members made oral submissions during hearing of applications for settlement approval – consideration of views of and feelings expressed by objectors – where proposed settlement sums as a percentage of the best possible quantum recoverable “excellent" – proposed deductions from settlement sum to be paid to litigation funder – consideration of principles concerning proposed deductions for litigation funding costs – where proposed percentage of deductions from settlement sum to be paid to litigation funder substantially lower that percentage funder entitled to under funding agreements – proposed percentage deduction just – proposed deductions from settlement sum for legal costs – where two class actions commenced by one firm of solicitors and third class action brought by separate firm – where three class actions case managed together – where one class action could have been brought as a matter of law and practicality – where legal costs would have been reduced if proceedings brought as one class action – consideration of special circumstances of these class actions – where expense sharing order proposed to distribute costs incurred in one class action across two class actions commenced by same solicitors – consideration of relevant principles – where referee appointed to inquire into and report upon reasonableness of legal costs in all proceedings – where reports of referee in each proceeding adopted by the Court in full – proposed deductions allowed – proposed deductions from settlement sum for representative applicants – consideration of relevant principles – where applicants in one class action sought payments to be made to members of a class action "steering committee" – where proposed quantum of payments excessive – where representative applicant in one class action subject to harassment by reason of having acted in that capacity – payment to an applicant allowed in an amount that exceeds recompense for time spent acting in representative capacity – settlements approved
HIGH COURT AND FEDERAL COURT – where non-confidential opinions and submissions filed on settlement approval applications contained sufficiently detailed information – consideration of fundamental principle of open justice – applications for approval considered without regard to confidential opinions

PRACTICE AND PROCEDURE – interlocutory application under r 30.11 of the Federal Court Rules 2011 – where parties engaged in a farrago of litigation, including two sets of proceedings currently before another judge of the Federal Court of Australia – where respondents sought orders that proceeding be transferred to that judge’s docket or stayed until other proceedings decided – where respondents in this proceeding had no defence to applicants’ claims – where both other proceedings commenced later in time, concerned mostly unrelated issues and other parties – where respondents commenced one of other proceedings without informing their solicitor of this proceeding – whether there would be a risk of inconsistent findings or judgments if all proceedings were managed separately or current proceeding were not stayed – whether transfer or stay would further overarching purpose of s 37M of the Federal Court of Australia Act (1976) – application dismissed
PRACTICE AND PROCEDURE – r 16.07 of the Federal Court Rules 2011 – where defence of first respondent had been struck out – whether r 16.07(2) deemed first respondent to admit allegations in absence of defence – r 16.07 applies