Browse FCAFC Judgments
Published last 30 days
| NPA | Date | |
|---|---|---|
| Administrative | Manu v Minister for Immigration and Citizenship [2026] FCAFC 108 MIGRATION – appeal from dismissal of application for judicial review – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where delay between decision and Judge: SNADEN, CHEESEMAN AND MCELWAINE JJ |
24 Aug 2026 |
| Commercial | Frugtniet v Mansfield (Trustee), in the matter of Frugtniet [2026] FCAFC 105 EVIDENCE – section 304 of the Duties Act 1997 (NSW) – inadmissibility of unstamped instrument – discretion to admit if transmitted to the Chief Commissioner in accordance with arrangements approved by the court – meaning of ‘transmitted’ Judge: FEUTRILL, OWENS AND WHEATLEY JJ |
20 Aug 2026 |
| Commercial | AGL Retail Energy Limited v Australian Energy Regulator [2026] FCAFC 106 CONSUMER LAW – appeal from declarations of contraventions of r 31 of the National Energy Retail Rules and s 273 of the National Energy Retail Law and other orders – whether primary judge erred in construction and application of r 31 – Judge: MARKOVIC, MCEVOY AND YOUNAN JJ |
19 Aug 2026 |
| Intellectual property | Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side Judge: BURLEY, MOORE AND OWENS JJ |
19 Aug 2026 |
| Commercial | Fewstone Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 104 CONSUMER LAW – appeal as to quantum of pecuniary penalties – admitted contraventions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) – supply of products that failed to comply with the Consumer Goods (Products Containing Judge: COLLIER, NESKOVCIN AND MOORE JJ |
19 Aug 2026 |
| Commercial | Strand Fitness Pty Ltd v QBE Insurance (Australia) Ltd [2026] FCAFC 101 REPRESENTATIVE PROCEEDINGS — appeal — declassing applications — business interruption insurance class actions — COVID-19 pandemic and related government measures — where class actions commenced by insureds who claim they are entitled to be Judge: Perram, HALLEY AND BUTTON JJ |
5 Aug 2026 |
| Administrative | Samuelu v Minister for Immigration and Citizenship [2026] FCAFC 100 MIGRATION – decision by Administrative Review Tribunal to affirm decision not to revoke cancellation of Appellant’s visa – primary judge dismissed application for review – whether the Tribunal erred in considering protection of the community Judge: DERRINGTON, HESPE and HILL JJ |
5 Aug 2026 |
| Commercial | Karlsson v Griffith University (No 2) [2026] FCAFC 102 BANKRUPTCY AND INSOLVENCY – scope of power under s 41(6A) of Bankruptcy Act 1966 (Cth) – operation of s 41(7) of Bankruptcy Act –application brought by creditor for variation of previous orders under r 39.05 of Federal Court Rules 2011 (Cth) Judge: PERRY, BROMWICH AND RAPER JJ |
27 Jul 2026 |
| Commercial | Watts v Chopsonion Pty Ltd (Controllers Appointed) [2026] FCAFC 99 APPEAL AND NEW TRIAL – appeal seeking to overturn findings of fact – findings based partly on findings of credit – complex factual scenario – appeal requiring foundational assessment of evidence before the trial judge – primary judge’s Judge: CHARLESWORTH, DERRINGTON AND JACKSON JJ |
30 Jul 2026 |
| Administrative | Assistant Minister for Immigration v Hood (Adjournment) [2026] FCAFC 98 PRACTICE AND PROCEDURE – whether application to adjourn appeal should be granted – where special leave application pending in the High Court of Australia – where adjournment application opposed – whether any prejudice would be suffered – Judge: WIGNEY, YOUNAN AND LENEHAN JJ |
29 Jul 2026 |
| Native title | Richards v State of South Australia (Far West Coast Sea Claim) [2026] FCAFC 97 NATIVE TITLE – application for determination of native title over an area of sea – sea claim area abuts land in respect of which there is an existing determination of native title – legal effect of the land determination in separate proceeding Judge: BURLEY, O'BRYAN AND LONGBOTTOM JJ |
29 Jul 2026 |
| Administrative | Hanson v Faruqi [2026] FCAFC 96 HUMAN RIGHTS – where the primary judge correctly held that a tweet that told the respondent to “piss off back to Pakistan” was reasonably likely to offend, insult, humiliate and intimidate the respondent – where the primary judge correctly Judge: PERRY, KENNETT AND BENNETT JJ |
27 Jul 2026 |
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