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
Eagle, in the matter of Sphere Healthcare Pty Ltd (Administrators Appointed) [2019] FCA 1492
CORPORATIONS - application for extension of convening period for second meeting of creditors - application granted
10 Sep 2019 |  YATES J


Corporations Law
Nicols, in the matter of Anatax Pty Ltd (in liquidation) [2019] FCA 1528
CORPORATIONS - application by liquidator under s 477(2B) of the Corporations Act 2001 (Cth) for approval of deeds assigning beneficial interest of choses in action owned by second plaintiff to the Commissioner of Taxation - where only creditor of second plaintiff is the Commissioner - consideration of relevant principles
16 Sep 2019 |  PERRAM J


Corporations Law
Minus, in the matter of ABCD Corporation Pty Ltd [2019] FCA 1523
CORPORATIONS - application by bankrupt for leave to manage four proprietary companies - protection of the public interest - family companies - no history of corporate mismanagement - leave granted.
05 Sep 2019 |  JAGOT J


Costs ; Corporations Law
Sheraz Pty Ltd v Rumsley [2019] FCA 1522
COSTS - application for injunction - any injunction rendered unnecessary by passage of time - application to be discontinued - no order as to costs
16 Sep 2019 |  JACKSON J


Practice and Procedure ; Human Rights
Payne v Davies [2019] FCA 1506
PRACTICE AND PROCEDURE - application for summary dismissal under s 31A, Federal Court of Australia Act 1976 (Cth) and r 26.01, Federal Court Rules 2011 (Cth) - where applicant alleged that the respondents' refusal to enrol her into a tertiary course constituted racial discrimination in breach of the Racial Discrimination Act 1975 (Cth)- where Australian Human Rights Commission terminated the applicant's complaint - where the preconditions to the Court's jurisdiction in s 46PO(3) of the Australian Human Rights Commission Act 1986 (Cth) to entertain a complaint of victimisation are not met - where no evidence that the respondents could or did refuse or fail on demand to supply the course to the applicant - application for judicial review summarily dismissed
13 Sep 2019 |  PERRY J


Family Law ; Human Rights ; Torts ; Negligence ; Practice and Procedure
DOQ17 v Australian Financial Security Authority (No 3) [2019] FCA 1488
FAMILY LAW AND CHILD WELFARE - where orders made by Family Court on application by the trustee in bankruptcy setting aside earlier consent orders transferring former husband's interest in the matrimonial home to the applicant and vesting the property in trustees for sale - where applicant sought to undertake collateral attack on Family Court decision - where notation on Family Court orders that judgment is published under a pseudonym approved under s 121, Family Law Act 1975 (Cth) - where unredacted orders uploaded onto Register pursuant to s 86, Real Property Act 1900 (NSW) and attached to contract for sale of the property - where names of parties to Family Court proceedings disclosed in professional papers published by solicitor - where adverse findings against applicant in the Family Court proceedings (the judgment information) potentially discoverable by members of the public searching internet as a result of disclosure of applicant's name - where s 121 qualifies the principle of open justice - where s 121 facilitates the administration of justice in the public interest - whether s 121 creates a statutory cause of action sounding in damages - consideration of relevant principles for determining whether an action lies for breach of statutory duty - where cause of action for damages for breach of s 121, Family Law Act devoid of merit HUMAN RIGHTS - Privacy - whether Part 8 Privacy Act 1988 (Cth) creates a right of action for breach of a National Privacy Principle - whether Family Court orders constitute "personal information" about the applicant within s 6, Privacy Act -where respondents not subject to National Privacy Principles - where no private cause of action for breach of a National Privacy Principle - where inappropriate vehicle to consider any possible development of a tort of privacy TORTS - where applicant alleged breach of equitable obligation of confidence owed by trustees in bankruptcy and for sale, the solicitor acting for the trustees in the sale of the property, and the real estate agent - discussion of the requirements for an action in breach of confidence - whether the applicant's name and judgment information lacked the necessary quality of privacy or confidentiality - whether information communicated in circumstances importing an obligation of confidence - whether information "used" in any relevant sense - claim for damages for breach of confidence dismissed NEGLIGENCE - where applicant alleged breach of duty of care by each respondent - where Civil Liability Act 2002 (NSW) is applied as federal law by operation of s 79, Judiciary Act 1903 (Cth) - whether applicant established that a person of "normal fortitude" might suffer a recognised psychiatric illness within the meaning of s 32, Civil Liability Act if reasonable care not taken - where extreme or idiosyncratic response to discovery of disclosure of information - whether implying a duty of care would be inconsistent with fiduciary duties owed by the solicitor to the trustee client - whether duty of care would conflict with the statutory powers and duties imposed on Registrar-General read in the context of the purpose of maintaining the Register and no-fault compensation scheme under the Real Property Act - where exclusion of liability in s 146, Real Property Act - whether any evidence of causation - where action in negligence dismissed PRACTICE AND PROCEDURE - where applications for adjournment of hearing dismissed
10 Sep 2019 |  PERRY J