New judgments
Fri Mar 17 2023Barnett v Secretary, Department of Communities and Justice [2023] HCA 7 - international child abduction
Director of Public Prosecutions v Tiller [2023] NSWSC 187 - "It should be noted that it is entirely regrettable that the second respondent delivered his reasons using the emotive language and personalised examples that he did. It would appear that this matter resonated with the second respondent in an inappropriately emotional way and in a manner which appeared to cause him to stray from his judicial task of calmly assessing the evidence, making findings, making a judicial decision, and providing reasons in accordance with the dictates of his office and the rule of law."
Rathner, in the matter of Citius Property Pty Ltd (Administrator Appointed) [2023] FCA 26 - ipso facto stay provisions contained in s 451E(1) of the Corporations Act 2001 (Cth)
RnD Funding Pty Limited v Roncane Pty Limited [2023] FCAFC 28 - equity, tracing, whether antecedent breach of fiduciary duty required before a right to trace arises
Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 - intellectual property, trade marks
Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia [2023] FCAFC 23 - "Tribunal decision largely replicated respondent’s submissions without attribution – requirement in merits review to consider application afresh"