Browse Federal Court Judgments (Single & Full Court)
Published last 24 hours
A listing of judgments published in the last 24 hours, with the most recently received listed at the top.
| NPA | Date | |
|---|---|---|
| Commercial |
Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
MOSHINSKY J CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material information at the ex parte hearing – where the defendant also contested whether the jurisdictional and evidentiary bases for the orders were satisfied – travel restraint orders made – freezing orders made CORPORATIONS – application by ASIC for appointment of receiver to the property of a defendant under s 1323 of the Corporations Act 2001 (Cth) – where ASIC contended that the defendant’s attendance at examinations was important to its investigation – where defendant challenged the jurisdictional basis for ASIC’s application – receivership order made |
22 Aug 2025 |
| Native title |
Fagan on behalf of the Wadawurrung Native Title Claim v State of Victoria [2025] FCA 1011
LONGBOTTOM J NATIVE TITLE – Separate questions – Evidentiary issues regarding inferential reasoning and the weight appropriate to be given to Aboriginal lay witness evidence and historical documents – Whether, as a question of fact, two named persons are biological descendants of First Nations male living in the 1800s |
26 Aug 2025 |
| Commercial |
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Amendment and Strikeout) [2025] FCA 1030
NEEDHAM J PRACTICE AND PROCEDURE – application to amend statement of claim – claim in relation to loss of value of business raised in proposed pleading previously and not included in eventual pleading – applicant’s expert report calculates a loss of value of business claim – proposed amendments not a mere alignment of pleadings with the evidence but a substantial new case at late stage in proceedings – amendment not allowed PRACTICE AND PROCEDURE – inclusion of material facts in particulars more properly to be included in pleading – leave to replead section of claim to include proposed particulars in body of pleading – prejudice to respondents such that previous costs order in relation to amendment vacated PRACTICE AND PROCEDURE – application to strike out Defence – denials not untenable – non-admissions not untenable where pleading to issues of knowledge of third parties – strikeout not granted |
27 Aug 2025 |
| Employment |
Seeto v Uber Australia Pty Ltd [2025] FCA 1032
SHARIFF J COURTS AND JUDGES – reasonable apprehension of bias – prospect of recusal raised on docket judge’s own assessment - circumstances giving rise to reasonable apprehension of bias – former professional relationship with client/litigant in multiple previous proceedings – reasonable apprehension of bias established |
27 Aug 2025 |
| Commercial |
Australian Competition and Consumer Commission v Emma Sleep GmbH (Non-publication) [2025] FCA 1027
HILL J PRACTICE AND PROCEDURE – Principle of open justice – Application for suppression or non-publication order in response to application to inspect documents on Court file – Whether order necessary to prevent prejudice to the proper administration of justice – prejudice said to arise from information that is commercially sensitive – application dismissed |
27 Aug 2025 |
| Other |
Anderson v Child Support Registrar [2025] FCA 1022
COLLIER J PRACTICE AND PROCEDURE – where child support debt assessed as owing to Commonwealth – whether order for discovery should be granted prior to commencing proceedings – r 7.23 Federal Court Rules 2011 (Cth) – whether material requested relevant to legal question – whether reasonable belief there may be right to obtain relief – whether sufficient information to decide whether to commence proceedings – where alternative pathways of review available – whether Court should order injunction – r 7.01 Federal Court Rules 2011 (Cth) – whether serious question to be tried – whether balance of convenience favours applicant in respect of relief sought – application dismissed |
27 Aug 2025 |
| Administrative |
LGC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1023
COLLIER J MIGRATION – application for judicial review of decision of Minister for Immigration and Citizenship – where Minister refused to grant visa on the basis of character test and national interest – where Minister set aside decision of the Administrative Appeals Tribunal – one ground of review – unreasonableness – Minister’s consideration of “rehabilitation” – reference by Minister to AUSTRAC materials – where Minister made reference to multiple convictions or offences – where applicant only had one conviction or offence – application allowed – applicant entitled to relief sought – costs assessed if not otherwise agreed |
27 Aug 2025 |
| Commercial |
Shanahan as trustee of the bankrupt estate of Hall v Hall, in the matter of Hall [2025] FCA 1020
COLLIER J PRACTICE AND PROCEDURE – Interlocutory application for summary dismissal or permanent stay of substantive proceedings – where respondents claim proceedings an abuse of process – where previous proceedings commenced in the District Court of Queensland but not served – where previous agreements reached between the parties in respect of progression of District Court proceedings – where applicant discontinued District Court proceedings before commencing the present proceedings – whether agreement between the parties precluded the applicant bringing proceedings in the Federal Court – whether substantial prejudice to respondents – interlocutory application dismissed |
27 Aug 2025 |
| Commercial |
Victorian Legal Services Board v Kuksal (Sequestration Order) [2025] FCA 999
DOWNES J BANKRUPTCY AND INSOLVENCY – creditor’s petition filed on 28 February 2025 – hearing of creditor’s petition in July and August 2025 – creditor’s petition based on bankruptcy notices served by email on respondents pursuant to reg. 102 Bankruptcy Regulations 2021 (Cth) – where bankruptcy notices also served by post – bankruptcy notices based upon non-payment of costs orders made against respondents by Supreme Court of Victoria – whether court should go behind costs orders – where respondents failed to file applications to set aside bankruptcy notices within required time – where respondents claim to have genuine and arguable claims which exceed the costs orders – where applicants alleged to have engaged in course of conduct such that sequestration orders should not be made – sequestration orders made PRACTICE AND PROCEDURE – where respondents took steps to interfere with the proper hearing of creditor’s petition – where rulings made during the hearing so as to best promote the overarching purpose |
27 Aug 2025 |
