Pinpoint · Judgment search

Comcare v John Holland Rail Pty Ltd (No 5)

[2011] FCA 622 ; (2011) 195 FCR 43

Federal Court of Australia · 3 June 2011 · Official judgment

Cited by 11 indexed judgments

All Applied or followed 3 Cited 8

2011: 1 citing judgment 2012: 1 citing judgment 2013: 1 citing judgment 2014: 1 citing judgment 2015: 1 citing judgment 2016: 1 citing judgment 2019: 1 citing judgment 2020: 1 citing judgment 2021: 2 citing judgments 2024: 1 citing judgment 2011 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. Comcare v John Holland Rail Pty Ltd (No 6) [2011] FCA 782 Cited Federal Court of Australia · judgment
  2. Brown v Health Services Union [2012] FCA 644 Applied or followed Federal Court of Australia · cited 15× · judgment
  3. Fard v Minister for Immigration and Border Protection [2013] FCAFC 126 Cited Federal Court of Australia (Full Court) · cited 4× · judgment
  4. Spencer v Commonwealth of Australia [2014] FCA 1234 Applied or followed Federal Court of Australia · cited 4× · judgment
  5. Marku v Minister for Justice [2015] FCA 831 Cited Federal Court of Australia · cited 6× · judgment
  6. Oswal v Commissioner of Taxation (No 4) [2016] FCA 666 Cited Federal Court of Australia · cited 1× · judgment
  7. Chandrasekaran v Royal Australian and New Zealand College of Psychiatrists [2019] FCA 1687 Cited Federal Court of Australia · cited 5× · judgment
  8. Duma v Fairfax Media Publications Pty Limited [2020] FCA 1792 Cited Federal Court of Australia · cited 1× · judgment
  9. Frigger v Trenfield (No 8) [2021] FCA 569 Cited Federal Court of Australia · cited 3× · judgment
  10. Roberts-Smith v Fairfax Media Publications Pty Limited (No 16) [2021] FCA 584 Cited Federal Court of Australia · cited 2× · judgment
  11. Garvey v Australian National University [2024] FCA 140 Applied or followed 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 (29)

Earliest first, with how this judgment treated each.

  1. Re Vandervell's Trusts (No 2) [1974] EWCA Civ 7 Cited cited 13×
  2. Payne v Parker (1976) 1 NSWLR 191 Applied or followed cited 39×
  3. Trade Practices Commission v Arnotts Ltd (No 2) [1989] FCA 340 Cited cited 210×
  4. Cosco Holdings Pty Ltd v Commissioner for Taxation & Anor [1997] FCA 1504 Cited cited 80×
  5. REGINA v James SALEAM [1999] NSWCCA 86 Cited cited 258×
  6. Fried v National Australia Bank Ltd [2000] FCA 911 Cited cited 34×
  7. Australian Gas Light Company ACN 052 167 405 v Australian Competition & Consumer Commission [2003] FCA 1101 Cited cited 17×
  8. McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233 Cited cited 41×
  9. Dorajay Pty Limited v Aristocrat Leisure Limited [2005] FCA 588 Applied or followed cited 32×
  10. Seven Network Limited v News Limited (No 11) [2006] FCA 174 Cited cited 37×
  11. Standen v Feehan [2007] FCA 1761 Cited
  12. Visy Industries Holdings Pty Limited v Australian Competition and Consumer Commission [2007] FCAFC 147 Cited cited 22×
  13. Comcare v John Holland Rail Pty Ltd [2009] FCA 660 Cited cited 11×
  14. John Holland Pty Ltd v Comcare [2009] FCAFC 127 Cited cited 2×
  15. Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Cited cited 1,635×
  16. Liristis v Gadelrabb [2009] NSWSC 441 Cited cited 37×
  17. General of Botswana v Aussie Diamond Products Pty Ltd (No 2) [2009] WASC 301 Cited cited 2×
  18. Comcare v John Holland Rail Pty Ltd (No 2) [2010] FCA 1516 Cited cited 2×
  19. Sportsbet Pty Ltd v State of New South Wales (No 9) [2010] FCA 31 Cited cited 18×
  20. Clifford v Vegas Enterprises Pty Ltd (No 4) [2010] FCA 326 Cited cited 3×
  21. Jack Brabham Engines Limited v Beare [2010] FCA 35 Cited cited 11×
  22. Comcare v John Holland Rail Pty Ltd [2010] FCA 981 Cited cited 6×
  23. Morley & Ors v Australian Securities and Investments Commission [2010] NSWCA 331 Cited cited 80×
  24. Thomas & Ors v SMP (International) & Ors (No 2) [2010] NSWSC 870 Cited cited 13×
  25. Comcare v John Holland Rail Pty Ltd (No 3) [2011] FCA 164 Cited cited 3×
  26. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Emergency Transport Technology Pty Ltd [2011] FCA 181 Applied or followed cited 5×
  27. Comcare v John Holland Rail Pty Ltd (No 4) [2011] FCA 253 Cited cited 2×
  28. Andrews v Australia and New Zealand Banking Group Ltd [2011] FCA 388 Cited cited 12×
  29. John Holland Rail Pty Ltd v Comcare [2011] FCAFC 34 Cited cited 12×
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.