Browse Federal Court JudgmentsBy Judge - Stellios J |
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1. Australian Securities and Investments Commission v eToro Aus Capital Limited (No 2) [2025] FCA 904
PRACTICE AND PROCEDURE – application to rely on late evidence – where respondent sought to file expert evidence six months after date specified in orders – where delay arose from underestimation of respondent’s capacity to prepare expert |
Date: 7 Aug 2025 Judge: STELLIOS J |
2. Cao v AWPF Management No. 2 Pty Ltd, in the matter of Cao [2025] FCA 892
PRACTICE AND PROCEDURE – dismissal of proceeding – application for extension of time to comply with bankruptcy notice – where applicant committed subsequent act of bankruptcy – where applicant appointed controlling trustee over applicant’s |
Date: 6 Aug 2025 Judge: STELLIOS J |
3. LFB Resources NL v Minister for the Environment and Water [2025] FCA 898
PRACTICE AND PROCEDURE – application for order specifying maximum costs – where applicant made representations that they would not pursue costs against second respondent “at present” – where applicant unwilling to give undertaking to |
Date: 6 Aug 2025 Judge: STELLIOS J |
4. National Disability Insurance Agency v Warwick [2025] FCAFC 100
ADMINISTRATIVE LAW - proper construction of r 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) - meaning of the phrase 'day-to-day living costs (for example, rent, groceries and utility fees) that are |
Date: 4 Aug 2025 Judge: COLVIN, JACKSON AND STELLIOS JJ |
5. Kheir Group Pty Ltd v Panoramic Resources Ltd [2025] FCA 868
PRACTICE AND PROCEDURE – application for leave under s 168(7) of the Evidence Act 1995 (Cth) to make requests under s 167(c) – requests to verify authenticity of documents made out of time – where request made one year after time specified |
Date: 29 Jul 2025 Judge: STELLIOS J |
6. DHI22 v Qatar Airways Group QCSC (No 2) [2025] FCAFC 92
PRIVATE INTERNATIONAL LAW – foreign State immunity – whether proceeding “concerns” a commercial transaction or like activity – where separate entity responsible for management of commercial airport – where separate entity entered |
Date: 24 Jul 2025 Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
7. DHI22 v Qatar Airways Group QCSC (No 1) [2025] FCAFC 91
AVIATION – carriers’ liability – where applicants had boarded flight at Doha airport bound for Sydney – where aircraft had been waiting at gate for hours – where applicants allege that all women passengers were directed to leave the |
Date: 24 Jul 2025 Judge: MORTIMER CJ, STEWART AND STELLIOS JJ |
8. Wachler v JNCTech Managed Services Pty Ltd [2025] FCA 815
PRACTICE AND PROCEDURE – Application for leave to amend pleading – where first respondent ordered to be removed as a party – where applicant sought to include new cause of action in statement of claim |
Date: 17 Jul 2025 Judge: STELLIOS J |
9. Meshram v Bing Lee Electrics Pty Ltd [2025] FCA 769
PRACTICE AND PROCEDURE – whether appellant has legal capacity to participate in proceedings |
Date: 11 Jul 2025 Judge: STELLIOS J |
10. Patrick v Secretary, Department of Climate Change, Energy, the Environment and Water [2025] FCA 754
PRACTICE AND PROCEDURE – application for order specifying maximum costs – whether litigation characterisable as having “public interest” – where substantive proceeding concerns proper application of the Freedom of Information Act 1982 (Cth) |
Date: 10 Jul 2025 Judge: STELLIOS J |
NATIVE TITLE – non-claimant application for determination under s 61(1) of the Native Title Act 1993 (Cth) – determination sought that no native title exists over the application area – where no current or historical native title claims over |
Date: 10 Jul 2025 Judge: STELLIOS J |
12. Jats Joint Pty Ltd v Fair Work Ombudsman [2025] FCA 743
INDUSTRIAL LAW – Employment – review of compliance notice – whether applicant committed a contravention of the kind set out in the notice – whether applicant failed to pay night shift penalty rate – where parties have differing |
Date: 8 Jul 2025 Judge: STELLIOS J |
13. Paule v Kambouris (No 3) [2025] FCA 648
BANKRUPTCY – extension of time to comply with bankruptcy notice – discretion conferred by s 41(6A) of the Bankruptcy Act 1966 (Cth) – where applicant subject to judgment debt – where stay of judgment debt not granted – where applicant |
Date: 19 Jun 2025 Judge: STELLIOS J |
14. Paule v Kambouris [2025] FCA 539
BANKRUPTCY – extension of time to comply with bankruptcy notice – scope of discretion conferred by s 41(6A) of the Bankruptcy Act 1966 (Cth) – where applicant subject to judgment debt – where application to stay judgment debt pending |
Date: 26 May 2025 Judge: STELLIOS J |
15. Avard v Australian Capital Territory [2025] FCAFC 72
INDUSTRIAL LAW – appeal from single judge – interpretation of enterprise agreements – whether “preliminary assessment” requires procedural fairness – where enterprise agreements prescribe procedural fairness regime – where formal |
Date: 23 May 2025 Judge: CHARLESWORTH, STELLIOS AND LONGBOTTOM JJ |
16. Secretary, Department of Social Services v Pedel [2025] FCA 516
STATUTORY INTERPRETATION – appeal on question of law – whether discretion to extend period under s 46(4)(a) of Paid Parental Leave Act 2010 (Cth) available – meaning of “deployed” and “deployment” – where respondent member of the |
Date: 20 May 2025 Judge: STELLIOS J |
17. Taylor v Minister for Immigration and Multicultural Affairs [2025] FCA 517
MIGRATION – application for extension of time to lodge application for judicial review of migration decision – extension of time granted – application for judicial review of Minister’s decision under s 501BA(2) of the Migration Act 1958 (Cth) |
Date: 20 May 2025 Judge: STELLIOS J |
18. Australian Securities and Investments Commission v eToro AUS Capital Limited [2025] FCA 100
PRACTICE AND PROCEDURE - application for final suppression and non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) - where interim orders made for suppression and non-publication - where commercially sensitive |
Date: 20 Feb 2025 Judge: STELLIOS J |