Today

Costs
Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 4) [2025] FCA 636
COSTS — where related proceedings were commenced in the Supreme Court of South Australia before being cross-vested to this Court — where two matters heard and determined at the same time — where applicants succeeded in one matter but failed in the other — where the applicants made numerous offers of settlement including Calderbank offer — where applicant made offer pursuant to r 25.14 of the Federal Court Rules 2011 (Cth) — whether judgment is more favourable than the terms of the offer — where applicants are entitled to the order of indemnity costs from two business days after offer pursuant to r 25.14 — where consideration of costs which were common to both proceedings — orders made
16 Jun 2025 |  O'SULLIVAN J

Corporations Law
Bio Refining Industries Inc Corporation v Australian Securities and Investments Commission, in the matter of Eguana Holdings Pty Ltd (Deregistered) [2025] FCA 619
CORPORATIONS – application for reinstatement of registration of company and appointment of liquidator pursuant to s601AH of the Corporations Act 2001 (Cth) – whether plaintiff an aggrieved person – where purpose of proposed reinstatement is to allow company to pursue prospective claim - whether reinstatement would be just – where Australian Securities and Investment Commission does not object to application – application granted
16 Jun 2025 |  YOUNAN J

Industrial Law
Torrens University Australia Limited v Fair Work Ombudsman [2025] FCA 634
INDUSTRIAL LAW – review of compliance notice issued pursuant to s 716(2) of Fair Work Act 2009 (Cth) – interpretation of Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – Academic Staff – Award 2020 (Awards) – construction of “associated working time” in hourly payment rates for lecturing by casual academics in Awards – where associated working time not limited to assessments confined to delivery of single lectures – where compliance notice issued by Fair Work Ombudsman incorrectly construed “associated working time” in Awards –compliance notice cancelled
16 Jun 2025 |  HALLEY J

Costs
Thurston v Fox Sports Australia Pty Limited (No 2) [2025] FCA 626
COSTS – appropriate order for costs given outcome of proceeding where applicants were successful against fourth and fifth respondents, but unsuccessful against first respondent, and sixth, seventh and eighth respondents – whether apportionment costs orders should be made – consideration of “dominant or separable” issue in proceeding – apportionment costs orders made regarding first respondent’s costs – application for indemnity costs – costs payable on party and party basis PRACTICE AND PROCEDURE – interim freezing order made over sum of money paid to applicants pursuant to deed of settlement – whether freezing order should be extended until final quantification of costs – whether danger of dissipation – order made that specified sum be retained in applicants’ solicitors’ trust account until final quantification of costs
16 Jun 2025 |  HALLEY J

Practice and Procedure
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 10) [2025] FCA 633
PRACTICE AND PROCEDURE – application to discharge stay orders granted by consent – discharge sought on grounds of first defendant’s non-compliance with conditions of stay – where conditions included that first defendant take all steps to sell property and pay proceeds to plaintiffs and controlled moneys account – where no genuine attempt made so far to sell property – where failure to sell property contrasts comparable properties’ campaigns to sell – where conditions included that the first defendant instruct agents and advisors to respond promptly to reasonable requests for information from plaintiffs – where no response provided on multiple occasions – order that the stay be discharged
4 Jun 2025 |  JACKMAN J

Practice and Procedure
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Review of Registrar’s Decision) [2025] FCA 616
PRACTICE AND PROCEDURE - Review of a Registrar’s Decision – hearing de novo – whether the respondent requires the provision of further particulars by way of a further amended statement of claim – where it is submitted that the applicant is running an unpleaded inferential case – where a blanket non-admission puts the applicant to proof on its case – where the applicant has steadfastly rejected the view that the way to proof lies in proving an inference – whether such an unpleaded inferential case arises – authorities considered – no unpleaded inferential case found – review application dismissed.
12 Jun 2025 |  NEEDHAM J

Consumer Law
Australian Competition and Consumer Commission v Emma Sleep GmbH [2025] FCA 618
CONSUMER LAW – misleading and deceptive conduct and false and misleading representations about goods or services under ss 18 and 29(1)(i) of the Australian Consumer Law – agreed statement of facts – liability admitted in respect of Australian subsidiary in corporate group for certain representations – whether German parent company (Emma Sleep GmbH) or Philippines related company (Bettzeit) are also liable for those representations – conduct “on behalf of ” a body corporate under s 139B(2) of the Competition and Consumer Act 2010 (Cth) (CCA) – attribution of conduct of a subsidiary company to a parent company or related company – Bettzeit liable for impugned representations, both by virtue of s 139B(2)(b)(i) of the CCA and as a principal contravener – Emma Sleep GmbH not liable
16 Jun 2025 |  HILL J

Costs
Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 3) [2025] FCA 624
COSTS – action alleging trade mark infringement and other causes – cross-claim seeking cancellation of trade marks – respondent and cross-claimant ultimately successful – where parties had varying degrees of success on discrete factual and legal issues – where applicant abandoned some claims mid-trial – whether applicant should pay a portion of the first respondent’s costs
13 Jun 2025 |  CHARLESWORTH J

Bankruptcy
Spring, in the matter of Goal Group Australia Pty Ltd (in liquidation) (No 3) [2025] FCA 632
BANKRUPTCY AND INSOLVENCY – where company identified and managed potential recoveries for clients in securities class actions – whether liquidators justified in causing company to pay Citizens Funds Entitlements to each Citizens Client on ground that Citizen Clients are respectively beneficially entitled to them – whether liquidators justified in treating Citizens Commission as funds beneficially owned by company
13 Jun 2025 |  JACKMAN J

Corporations Law
Vinyl Group Ltd, in the matter of Vinyl Group Ltd [2025] FCA 595
CORPORATIONS – where omission to lodge “cleansing notices” pursuant to s 708A(5) of the Corporations Act 2001 (Cth) within time subsequent to the issuing of shares –– where omission by company inadvertent and not subject to dishonesty – application under s 1322 – honesty of conduct – no substantial injustice is likely to be caused – application granted
5 Jun 2025 |  MOORE J