Browse Federal Court JudgmentsBy Judge - Stellios J |
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(Stellios
J)
: 49
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1. TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd [2026] FCAFC 77
| ESTOPPEL – equity – equitable estoppel alleged to have arisen from written representations amounting to a promise – promise later withdrawn – whether there was reliance on the promise – whether the remedy should be based on the value of |
| Date: 28 May 2026 Judge: STEWART, HALLEY AND STELLIOS JJ |
2. Minister for Immigration and Citizenship v DVRL [2026] FCAFC 73
| APPEAL – where the Delegate refused to grant a protection visa to DVRL under s 501(1) of the Migration Act 1958 (Cth) – where the Tribunal affirmed the Delegate’s decision – where the primary judge ordered that the Tribunal’s decision be |
| Date: 27 May 2026 Judge: PERRY, STELLIOS AND LENEHAN JJ |
| PRACTICE AND PROCEDURE – applications to vary maximum costs order pursuant to r 39.05(c) of the Federal Court Rules 2011 (Cth) – whether a change in circumstances can be established or some other circumstance whereby the order should be |
| Date: 26 May 2026 Judge: STELLIOS J |
4. PPK Mining Equipment Pty Ltd v G.E.T. Engineering Pty Ltd [2026] FCA 599
| PRACTICE AND PROCEDURE – where respondent seeks case management order that notice be given by applicant when subpoena requests are filed – where party alleges deficiencies in subpoenas previously issued – where regulatory framework does not |
| Date: 13 May 2026 Judge: STELLIOS J |
5. Kuksal v Victorian Legal Services Board (Appeal and Interlocutory Matters) [2026] FCAFC 65
| BANKRUPTCY AND INSOLVENCY — appeal against sequestration orders — validity of bankruptcy notices — whether multiplicity of notices gave rise to an abuse of process — whether notices were invalid because of joint and several liability — |
| Date: 12 May 2026 Judge: BEACH, SHARIFF AND STELLIOS JJ |
| NATIVE TITLE – consent determination of native title under s 87 of the Native Title Act 1993 (Cth) – whether all requirements satisfied – whether appropriate to make orders – determination made – nomination of prescribed body corporate |
| Date: 5 May 2026 Judge: STELLIOS J |
7. Gleeson (Trustee) v Eades, in the matter of Eades (Bankrupt) [2026] FCA 477
| BANKRUPTCY AND INSOLVENCY – application for trustee in bankruptcy to be appointed receiver and manager over asset of self-managed superannuation fund – trustees of fund are undischarged bankrupts and therefore disqualified persons within the |
| Date: 22 Apr 2026 Judge: STELLIOS J |
8. Duggan v Attorney General of Australia [2026] FCA 445
| EXTRADITION – where first respondent issued determination that the applicant be surrendered to the United States of America under s 22 of the Extradition Act 1988 (Cth) ADMINISTRATIVE LAW – judicial review of decisions made under ss 12, 16, 19 |
| Date: 16 Apr 2026 Judge: STELLIOS J |
9. Panesar v Attorney-General (Cth) [2026] FCAFC 46
| CONSTITUTIONAL LAW – whether primary judge erred in finding there was a “matter” – whether there was a justiciable controversy between the parties – where appellant sought declaration that Australian officials had not consented to use of |
| Date: 15 Apr 2026 Judge: MOSHINSKY, SARAH C DERRINGTON AND STELLIOS JJ |
10. Pandey v Dr Tiffany Tam Pty Ltd [2026] FCA 365
| PRACTICE AND PROCEDURE – interlocutory application for summary judgment – where Judicial Registrar refused documents for filing – where applicant alleges denial of procedural fairness – whether applicant has any reasonable prospect of |
| Date: 31 Mar 2026 Judge: STELLIOS J |
11. King (Trustee) v Hockings [2026] FCA 311
| PRACTICE AND PROCEDURE – application for deemed service under r 10.23 of the Federal Court Rules 2011 (Cth) – application for substituted service under r 10.24 – whether personal service not practicable – whether there is evidence that the |
| Date: 23 Mar 2026 Judge: STELLIOS J |
12. Rufford v Sheahan (as Trustee), in the matter of Rufford (No 2) [2026] FCA 213
| COSTS – apportionment of costs – whether costs should follow the event – where applicant partially successful – whether costs be determined on an issue-by-issue basis – apportionment of costs granted – costs to be costs in the |
| Date: 10 Mar 2026 Judge: STELLIOS J |
13. Liebenberg v IP Australia [2026] FCA 190
| ADMINISTRATIVE LAW – review of decisions of Fair Work Commission and Full Bench of Fair Work Commission – where Commission found no constructive dismissal under s 386(1)(b) of the Fair Work Act 2009 (Cth) – where Full Bench refused permission |
| Date: 3 Mar 2026 Judge: STELLIOS J |
14. Svehla v Svager [2026] FCA 185
| PRACTICE AND PROCEDURE – jurisdiction – whether Court has jurisdiction to hear matter under Australian Consumer Law – whether law applies as Commonwealth law – where no parties are corporations – where misleading conduct under s 33 |
| Date: 2 Mar 2026 Judge: STELLIOS J |
15. Liu v Wang, in the matter of Wang [2026] FCA 132
| BANKRUPTCY – Sequestration – Application for review of orders made by Registrar – Where sequestration order made in bankrupt’s absence – Where creditor and debtor reached agreement to dismiss petition and set aside sequestration order – |
| Date: 11 Feb 2026 Judge: STELLIOS J |
16. Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 3) [2026] FCA 21
| HIGH COURT AND FEDERAL COURT – application to extend caveat under s 74K of the Real Property Act 1900 (NSW) – whether Federal Court of Australia has power to extend caveat – whether s 79(1) of the Judiciary Act 1903 (Cth) capable of applying |
| Date: 23 Jan 2026 Judge: STELLIOS J |
17. NCL Corporation Ltd v Norwegian Brand Ltd [2025] FCA 1613
| INTELLECTUAL PROPERTY – trade marks – international registration designating Australia – objection to extension of international protection to Australia – whether trade mark applicant had intention to use mark in Australia – where trade |
| Date: 18 Dec 2025 Judge: STELLIOS J |
18. Timor Sea Oil & Gas Australia Pty Ltd (in liq) v Commonwealth [2025] FCA 1587
| PRACTICE AND PROCEDURE – application for extension of time to serve originating application and concise statement – whether “good reason” to extend time for service – where originating application filed before expiry of limitation period |
| Date: 15 Dec 2025 Judge: STELLIOS J |
19. ALJ22 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 182
| MIGRATION – judicial review under s 39B of the Judiciary Act 1903 (Cth) – Minister’s power in s 417 of the Migration Act 1958 (Cth) to substitute more favourable decision in place of decision of Tribunal – whether Minister’s power in |
| Date: 12 Dec 2025 Judge: WIGNEY, STELLIOS AND BENNETT JJ |
20. Raumakita v Minister for Immigration and Multicultural Affairs [2025] FCA 1574
| MIGRATION – application for judicial review – decision of Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) affirming delegate’s decision not to revoke cancellation of applicant’s visa – whether decision was affected by |
| Date: 12 Dec 2025 Judge: STELLIOS J |
21. Maclean v Brylewski, in the matter of Maclean (No 2) [2025] FCAFC 181
| COSTS - costs of appeal which two respondents opposed and the third respondent opposed on one ground - appeal allowed because of deficiencies in proceeding below not the fault of respondents - first and second respondents to be liable for costs of |
| Date: 11 Dec 2025 Judge: JACKSON, MOORE AND STELLIOS JJ |
22. LFB Resources NL v Minister for the Environment and Water (No 2) [2025] FCA 1527
| PRACTICE AND PROCEDURE – applications for non-publication orders under s 37AF – where individuals identified in documents filed in proceeding – whether orders are necessary to prevent prejudice to the proper administration of justice – |
| Date: 5 Dec 2025 Judge: STELLIOS J |
23. Ash v Minister for Immigration and Citizenship [2025] FCAFC 174
| MIGRATION – primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm the Minister’s decision not to revoke the Appellant’s visa cancellation – whether Tribunal |
| Date: 5 Dec 2025 Judge: COLVIN, STELLIOS AND HILL JJ |
24. Calpis v Fleming [2025] FCAFC 154
| BANKRUPTCY AND INSOLVENCY – where the appellant has same legal representation as in primary proceeding – where no substantive steps taken in compliance with timetabling orders to ready the appeal for hearing – where appellant on notice of the |
| Date: 6 Nov 2025 Judge: BANKS-SMITH, CHEESEMAN AND STELLIOS JJ |
25. Pharmacy O2342 Pty Ltd v Secretary, Department of Health, Disability and Ageing [2025] FCA 1307
| ADMINISTRATIVE LAW – whether Secretary has an implied power to revoke a referral – where Secretary referred matter relating to applicant’s alleged conduct to Pharmaceutical Services Federal Committee of Inquiry to produce report – where |
| Date: 27 Oct 2025 Judge: STELLIOS J |
26. Isuzu Australia Ltd v Directed Electronics OE Pty Ltd [2025] FCAFC 150
| APPEAL – application for leave to appeal – where leave sought to appeal from interlocutory orders – where orders are case management orders – where primary judge dismissed application for permanent stay of proceedings –where primary judge |
| Date: 24 Oct 2025 Judge: BURLEY, MCEVOY AND STELLIOS JJ |
27. Maclean v Brylewski, in the matter of Maclean [2025] FCAFC 133
| APPEAL - leave to appeal - power of appellate court to remit a matter for rehearing - where appellant's legal representative before primary judge had conflict of interest - whether denial of procedural fairness - whether that denial deprived |
| Date: 30 Sep 2025 Judge: JACKSON, MOORE AND STELLIOS JJ |
28. Todd TBA Property Pty Ltd v State Minister for the State of Queensland [2025] FCA 1151
| NATIVE TITLE – non-claimant application – whether native title does not exist in application area – whether burden of proof satisfied – whether residual discretion should be exercised – native title determined not to exist in application |
| Date: 19 Sep 2025 Judge: STELLIOS J |
29. FKCV v Commonwealth of Australia [2025] FCA 1073
| PRACTICE AND PROCEDURE – temporary stay of proceeding – whether stay in the interests of justice – where substantive question of law pending determination in High Court of Australia – where evidence to be filed likely to be impacted by |
| Date: 4 Sep 2025 Judge: STELLIOS J |
30. Rufford v Sheahan (as Trustee), in the matter of Rufford [2025] FCA 1072
| BANKRUPTCY – review of decision of trustee – decisions to accept proofs of debt in part or in whole – where insufficient evidence to establish that debts constituting proofs of debt were not owing – where applicant alleged debts were |
| Date: 4 Sep 2025 Judge: STELLIOS J |
31. Strata Plan 94402 v Chen, in the matter of Chen [2025] FCA 1071
| BANKRUPTCY – application to annul bankruptcy – whether bankrupt is solvent – cash flow test – where bankrupt has net positive equity – where bankrupt has no source of income – where bankrupt requires financial support from family members |
| Date: 4 Sep 2025 Judge: STELLIOS J |
32. 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 |
33. 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 |
34. 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 |
35. 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 |
36. 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 |
37. 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 |
38. 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 |
39. 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 |
40. 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 |
41. 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 |
43. 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 |
44. 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 |
45. 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 |
46. 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 |
47. 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 |
48. 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 |
49. 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 |
