Judgments

Judgments of the Federal Court are published from 1977 to the present and updated daily. Judgments are searchable by keyword and in full-text.

Judgments of tribunals administered by the Court and the Supreme Court of Norfolk Island are also published here.



Today's published judgments

Migration
Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 661
MIGRATION - Migration Act 1958 (Cth) - detention of unlawful non-citizen under s 189 - application for habeas corpus - whether steps taken to remove the applicant "as soon as reasonably practicable" under s 198(5) - whether applicant is currently detained for a permissible purpose - whether detention unlawful - application dismissed
17 Jun 2021 |  RANGIAH J


Costs ; Migration
BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 106
COSTS - where appeals from decision of the Immigration Assessment Authority dismissed by the Court - no agreement between the parties as to costs - limited costs orders made against the appellants
18 Jun 2021 |  ALLSOP CJ, KERR AND MORTIMER JJ


Practice and Procedure ; Defamation
Taylor v Nationwide News Pty Limited [2021] FCA 664
PRACTICE AND PROCEDURE - interlocutory application for non-publication and suppression orders - where witness expressed fears for his safety
18 Jun 2021 |  KATZMANN J


Corporations Law
Hayes (Deed Administrator), in the matter of The Cambria Management Corporation Pty Ltd (subject to Deed of Company Arrangement) (No 2) [2021] FCA 667
CORPORATIONS - application for discharge of court-appointed receiver and manager - dispensation of requirement to file and pass accounts under r 14.25 of the Federal Court Rules 2011 (Cth) - application granted
11 Jun 2021 |  HALLEY J


Practice and Procedure ; Corporations Law
Epic Games, Inc v Google LLC (Service Out of Jurisdiction) [2021] FCA 666
PRACTICE AND PROCEDURE - service - application for leave to serve Respondents in the United States of America and Republic of Singapore
18 Jun 2021 |  PERRAM J


Corporations Law
Thomas v Commonwealth Financial Planning Limited [2021] FCA 665
CORPORATIONS - group proceeding - claims for excess premiums - standing of applicants - claims as beneficiaries of superannuation trusts - beneficiaries having statutory causes of action - trustees of superannuation trusts having no cause of action - beneficiaries having no actionable loss - entities suffering losses - group definition adequacy - whether statutory claims can include loss of profits - pleading of fiduciary duty claims - pleading of knowing receipt claims - whether leave to replead should be given - orders made
18 Jun 2021 |  BEACH J


Practice and Procedure ; Corporations Law
Hakea Holdings Pty Ltd v McGrath [2021] FCA 660
PRACTICE AND PROCEDURE - application to re-open - application to rely on additional affidavits to prove the making of a claim in respect of a contract of insurance
18 Jun 2021 |  YATES J


Industrial Law
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Delta FM Australia Pty Ltd [2021] FCAFC 107
INDUSTRIAL LAW - entitlement to redundancy pay - whether dismissal of three employees was "due to the ordinary and customary turnover of labour" within the meaning of s 119(1)(a) of the Fair Work Act 2009 (Cth)
18 Jun 2021 |  RARES, O'CALLAGHAN AND WHEELAHAN JJ


Migration
YVTG by his Litigation Representative AKI21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 655
MIGRATION - cancellation of a visa on character grounds - where the Administrative Appeals Tribunal affirmed decision not to revoke cancellation - application for judicial review of Tribunal's decision - whether Tribunal took account of relevant considerations - whether Tribunal's decision was legally unreasonable - application dismissed PRACTICE AND PROCEDURE - application not commenced within time prescribed by statute - whether extension should be granted - extension granted
18 Jun 2021 |  SNADEN J


Migration
Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 104
MIGRATION - continuation of pseudonym and non-publication order - where appellant had been given a pseudonym in proceeding below without order for that to occur - where both primary judge and Administrative Appeals Tribunal made orders restricting publication of information in witness statement - where appellant indicated he might apply for protection visa in the future but where s 91X of the Migration Act 1958 (Cth) did not apply - where Tribunal made non-publication order of witness' statement due to concerns about safety of a person - where appellant's name and details of his case was available online in Tribunal's published reasons - whether pseudonym and non-publication order necessary to prevent prejudice to the proper administration of justice
18 Jun 2021 |  RARES, O'CALLAGHAN AND WHEELAHAN JJ


Migration
Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 1) [2021] FCAFC 72
MIGRATION - where Administrative Appeals Tribunal affirmed decision by delegate of Minister not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) - where Tribunal required to apply Direction 79 in making decisions to grant, cancel or revoke a cancellation of a visa - whether Tribunal not required to take into account international non-refoulement obligations, in accordance with cl 14(1)(a) of Direction 79, because appellant conceded to Tribunal no such claim clearly articulated or supported by cogent country information but told Tribunal if visa cancellation not revoked he would be kept in immigration detention for lengthy period while he formulated protection visa claim and until Minister decided whether or not to grant it - whether Tribunal erred in failing to consider possible lengthy detention - held, dismissing appeal, no jurisdictional error
05 May 0202 |  RARES, O'CALLAGHAN AND WHEELAHAN JJ


Private International Law ; Contract ; Agency
Royal Caribbean Cruises Ltd v Browitt [2021] FCA 653
PRIVATE INTERNATIONAL LAW - anti-suit injunction - whether proceeding against the first applicant in Florida is in breach of an exclusive jurisdiction clause - whether the first applicant is a party to or has rights under the exclusive jurisdiction clause - whether the second applicant can enforce the exclusive jurisdiction clause with respect to a proceeding against the first applicant - whether Florida proceeding is vexatious and oppressive CONTRACTS - whether carrier's standard terms and conditions were incorporated into the contract of carriage - whether signature by customer of the travel agent's terms and conditions which provided for bookings on the carrier's terms and conditions was sufficient to incorporate the latter - whether reasonable notice of the carrier's standard terms and conditions was given to the customer AGENCY - whether travel agent was agent for the customer in making the booking - whether notice of the carrier's standard terms and conditions to the travel agent constituted notice to the customer - whether dual agency
18 Jun 2021 |  STEWART J


Bankruptcy
Ippolito v Cesco, in the matter of Cesco [2021] FCA 656
BANKRUPTCY AND INSOLVENCY - creditor's petition - whether debtor is solvent - whether presentation of creditor's petition is an abuse of process - where debtor obtained orders from the Supreme Court of New South Wales for payment of judgment debt by instalments following presentation of creditor's petition - where debtor's mother prepared to provide financial assistance to debtor to meet instalment payments for judgment debt - where debtor liable to pay applicant's costs once assessed - where no evidence that debtor can meet liability for costs order once assessed - debtor not solvent - no improper collateral purpose in presenting and proceeding on creditor's petition - sequestration order made
18 Jun 2021 |  MARKOVIC J