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

Corporations Law
Sanderson, in the matter of Taylorsix Pty Ltd (in liq) [2021] FCA 1123
CORPORATIONS - application by liquidator under s 57 of the Federal Court of Australia Act 1976 (Cth) to be appointed receiver of trust assets - where corporate trustee is trustee of a self-managed superannuation fund - where trust deed removes the corporate trustee upon external administration of the company - where the company is a disqualified person under s 120(2)(e) of the Superannuation Industry (Supervision) Act 1993 (Cth) by reason of its winding up - where the corporate trustee has incurred liabilities in its role as trustee - where the liquidator has incurred remuneration and expenses in his efforts to locate the trust property in the absence of cooperation of the directors - where corporate trustee cannot realise its right to indemnity and exoneration as bare trustee - where there is some urgency to maintain and realise the trust property as they are located on properties owned by third parties and may be at risk of being relocated - where the liquidation is otherwise without funds - whether the circumstances warrant the making of an order - Held: application successful - orders also made requiring the liquidator to notify the Commissioner of Taxation and the Australian Prudential Regulation Authority of the application and the orders made.
10 Sep 2021 |  CHEESEMAN J


Native Title
Smirke on behalf of the Jurruru People v State of Western Australia (No 3) [2021] FCA 1122
NATIVE TITLE - whether the Court has jurisdiction to make determination that native title exists and is held by a group that includes persons who did not authorise an application for the determination in question - whether the Court should exercise the discretion in s 84D(4) of the Native Title Act 1993 (Cth) - whether the Court is bound to follow Commonwealth of Australia v Clifton [2007] FCAFC 190; 164 FCR 355 - where the Court has previously determined that the native title in question exists and is held by the group in question
16 Sep 2021 |  MORTIMER J


Costs
Monarch Advisory Group Pty Ltd v Puxty (No 3) [2021] FCA 1120
COSTS - application for costs of two interlocutory applications to be paid on an indemnity basis - where applicant successful in both applications - whether respondents' conduct caused loss of time to the Court and to other parties - whether respondents pressed applications in wilful disregard of known facts or clearly established law - whether respondents imprudently refused applicant's offer to compromise - application dismissed
16 Sep 2021 |  MARKOVIC J


Costs ; Industrial Law
Ittyerah v Coles Supermarkets (Australia) Pty Ltd (No 3) [2021] FCA 1117
COSTS - application for costs under s 570 of the Fair Work Act 2009 (Cth) - whether the proceedings, viewed objectively at the time they were instituted, were instituted without reasonable cause - whether interlocutory application instituted without reasonable cause - whether persisting with interlocutory application in circumstances where there was no utility in the orders sought constituted an "unreasonable act" - application dismissed
16 Sep 2021 |  ABRAHAM J