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Duncan v Fayle

[2004] FCA 723 ; (2004) 138 FCR 510

Federal Court of Australia · 4 June 2004 · Official judgment

Cited by 17 indexed judgments

All Applied or followed 2 Cited 15

2004: 1 citing judgment 2005: 1 citing judgment 2006: 1 citing judgment 2007: 1 citing judgment 2009: 3 citing judgments 2010: 1 citing judgment 2014: 1 citing judgment 2015: 3 citing judgments 2017: 2 citing judgments 2020: 1 citing judgment 2022: 1 citing judgment 2025: 1 citing judgment 2004 2005 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. WAKN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1245 Cited Federal Court of Australia · cited 7× · judgment
  2. Combe v Inspector General in Bankruptcy [2005] FCA 1101 Applied or followed Federal Court of Australia · cited 2× · judgment
  3. Theo v Secretary, Department of Family and Community Services [2006] FCA 279 Cited Federal Court of Australia · judgment
  4. Ian Duncan V Secretary, Department Of Family And Community Services [2007] FCA 507 Cited Federal Court of Australia · cited 19× · judgment
  5. Kowalski v Repatriation Commission [2009] FCA 153 Cited Federal Court of Australia · cited 3× · judgment
  6. Ford v Child Support Registrar [2009] FCA 328 Cited Federal Court of Australia · judgment
  7. Kowalski v Repatriation Commission [2009] FCAFC 107 Cited Federal Court of Australia (Full Court) · cited 18× · judgment
  8. Ugur v Commissioner of Australian Federal Police [2010] FCA 303 Applied or followed Federal Court of Australia · cited 3× · judgment
  9. Soames v Secretary, Department of Social Services [2014] FCA 295 Cited Federal Court of Australia · cited 6× · judgment
  10. Cremona v Administrative Appeals Tribunal [2015] FCAFC 72 Cited Federal Court of Australia (Full Court) · cited 13× · judgment
  11. Lucas v Commissioner of Taxation [2015] FCA 598 Cited Federal Court of Australia · cited 2× · judgment
  12. Rahman v Commissioner of Taxation [2015] FCA 988 Cited Federal Court of Australia · cited 4× · judgment
  13. Rahman v Commissioner of Taxation [2017] FCA 1128 Cited Federal Court of Australia · cited 2× · judgment
  14. Barkhazen v Conair Australia Pty Ltd [2017] FCA 1585 Cited Federal Court of Australia · cited 4× · judgment
  15. Hutchinson v Comcare [2020] FCA 1508 Cited Federal Court of Australia · cited 1× · judgment
  16. Byron Aged Care Limited v Aged Care Quality and Safety Commissioner [2022] FCA 1060 Cited Federal Court of Australia · judgment
  17. BUSS (Queensland) Pty Ltd atf The Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31 Cited Federal Court of Australia · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (11)

Earliest first, with how this judgment treated each.

  1. Director-General of Social Services v Chaney [1980] FCA 87 Cited cited 129×
  2. F J Bloemen Pty Ltd v Federal Commissioner of Taxation [1981] HCA 27 Cited cited 98×
  3. Attorney-General v Wentworth (1988) 14 NSWLR 481 Cited cited 201×
  4. Wiest v Director of Public Prosecutions [1988] FCA 450 Cited cited 70×
  5. David Jones Finance & Investment Pty Ltd v Commissioner of Taxation (Cth) (1991) 28 FCR 484 Cited cited 16×
  6. Tuite v Administrative Appeals Tribunal [1993] FCA 113 Cited cited 48×
  7. Re Williams and Australian Electoral Commission [1995] AATA 160 Cited cited 33×
  8. Percerep v MIMA [1998] FCA 1088 Cited cited 31×
  9. Board of Examiners under the Mine Safety and Inspection Act 1994 (WA) v Lawrence [2000] FCA 900 Applied or followed cited 12×
  10. Cooper v Comcare [2001] FCA 1085 Cited
  11. Cooper v Comcare (2002) 118 FCR 157 Cited cited 2×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.