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Federal Court judgments

Every Issue

Cite as: April 2012 86 (04) LIJ, p.60



In Facton Ltd v Rifai Fashions Pty Ltd [2012] FCAFC 9 (20 February 2012) a Full Court considered whether reputational damages were available as damages under s115(2) of the Copyright Act 1968 (Cth) in an action for breach of copyright and the scope of “additional damages” provided for in s115(4) of that Act.



In Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC 4 (17 February 2012) a Full Court considered whether a trial judge had erred in finding the copyright of the owner of building plans had not been infringed.


“Director” – “officer” – de facto director

In Grimaldi v Chameleon Mining NL [2012] FCAFC 6 (21 February 2012) a Full Court considered issues concerning how a person may be regarded as a “director” or “officer” of a company and when a company has knowledge for the purposes of the Corporations Law 2001 (Cth) of matters known to such persons. The Court also considered remedies for breach of fiduciary duty of loyalty and conflict of interest by company officers.


Winding up – proof of debt – form of affidavit

In Deputy C of T v National Skin Institute [2012] FCAFC 2 (2 February 2012) a Full Court in a joint judgment concluded that s459Q of the Corporations Act 2001 (Cth) and reg 5.4 of the Federal Court (Corporations) Rules required an affidavit that formally affirmed the debt remained owing and not detailed proof of the debt. Decision of Deputy C of T v Brilliant Homes Management Pty Ltd [2011] FCA 1539 overruled.

Income tax

Petroleum project – deductions

In Esso Australia Resources Pty Ltd v C of T [2012] FCAFC 5 (20 February 2012) a Full Court considered how deductible expenses were to be calculated for the ITAA, the Petroleum Resources Rent Tax 1987 (Cth) and other commonwealth taxation legislation between joint venturers in a petroleum project.

Industrial law

Industrial action – action during life of collective agreement – compensation – “any other orders the court thinks fit”

In Transport Workers Union v QANTAS Airways [2012] FCAFC 10 (22 February 2012) a Full Court considered whether the power given by former s494(5) of the Workplace Relations Act 1996 (Cth) to the Federal Court to make “any other order it thinks fit” was limited by the history of the provision or otherwise to prevent the Court relying on it to award monetary compensation above ordering payment of penalty.


Procuring breach of contract

In LED Technologies Pty Ltd v Roadvision Pty Ltd [2012] FCAFC 3 (10 February 2012) a Full Court reviewed authority as to what was required to prove the mental element of procuring or inducing a breach of contract to establish that tort.

Trade marks

Removal of mark from register

In Austin Nichols & Co. v Lodestar Anstlat [2012] FCAFC 8 (21 February 2012) a Full Court concluded the primary judge had erred in not removing a mark from the register under the Trade Marks Act 1995 (Cth), allowed the appeal and ordered that the mark be removed. Consideration of how the discretion under s100(3) of the Act is to be exercised.

THOMAS HURLEY is a Victorian barrister, ph 9225 7034, email The full version of these judgments can be found at


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