Hassan v Minister for Home Affairs

Federal Court of Australia Full Court, 22 April 2025

[2025] FCAFC 57, (2025) 309 FCR 44

• Torts — Negligence — Where appellant was being held in immigration detention — Where appellant requested to be removed to Papua New Guinea — Whether respondents had a duty to limit duration of appellant's detention to that required for his removal to PNG as soon as reasonably practicable after his request — Migration Act 1958 (Cth)

Malone v B&M Aboriginal Corporation

Federal Court of Australia Full Court, 6 March 2025

[2025] FCAFC 24, (2025) 309 FCR 1

• First Nations People — Native title — Indigenous land use agreements — Where an indigenous land use agreement (ILUA) required a company to make payments to a nominated entity — Where the nominated entity was placed into voluntary administration — Where the payments due under the ILUA were paid into Court pending the determination of an interpleader proceeding concerning the proper recipients of the payments — Whether the nominated entity had an entitlement to the funds held in Court which had crystallised such that the funds were the property of the nominated entity — Federal Court Rules 2011 (Cth), Pt 18

Malone v B&M Aboriginal Corporation (No 2)

Federal Court of Australia Full Court, 11 April 2025

[2025] FCAFC 51, (2025) 309 FCR 35

• First Nations People — Native title — Indigenous land use agreements — Costs — Where an indigenous land use agreement (ILUA) required a company to make payments to a nominated entity — Where nominated entity was placed into voluntary administration — Where payments due under ILUA were paid into Court pending determination of an interpleader proceeding concerning the proper recipients of the payments — Whether statutory rule concerning costs applied to interpleader proceeding — Whether Court could bring to account the policy underpinning statutory rule concerning costs even if the rule did not apply to the proceeding — Native Title Act 1993 (Cth), Pt 3, s 85A — Federal Court Rules 2011 (Cth), Pt 18

CEG Direct Securities Pty Ltd v Cooper

Federal Court of Australia Full Court, 9 April 2025

[2025] FCAFC 47, (2025) 309 FCR 66

• Corporations — Winding up — Voidable transactions — Unreasonable director-related transactions — Whether liquidator was required to establish that director had received a direct net benefit from the transaction in issue — Consideration of applicable standard of appellate review — Whether it could be expected that a reasonable person in company's circumstances would not have entered into relevant transaction — Corporations Act 2001 (Cth), ss 588FDA, 588FDA(1)(b)(iii), 588FDA(1)(c), 588FE, 588FF