Browse Federal Court Judgments (Single & Full Court)
Published last 7 days
A listing of judgments published in the last 7 days, with the most recently received listed at the top.
Commercial
Albarran, in the matter of Chala Metals Limited [2025] FCA 984
OWENS J, 20 Aug 2025
CORPORATIONS – application by administrators for further extension of time within which to convene the second meeting of creditors – where extension sought to enable sale of assets – Daisytek order also sought – observations made concerning avoidable urgency in applications of this kind and related matters – extension granted
Employment
Australian Workers’ Union v UGL Resources (Contracting) Pty Ltd [2025] FCAFC 107
RAPER, DOWLING AND LONGBOTTOM JJ, 20 Aug 2025
INDUSTRIAL LAW – construction of clause 14.8 of the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2019 – whether Shift Over Cycle rates payable to certain employees who worked shifts greater than 10 hours in duration – construction of s 323 of the Fair Work Act 2009 (Cth) – appeal dismissed.
Commercial
Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 2) [2025] FCA 977
GOODMAN J, 20 Aug 2025
PRACTICE AND PROCEDURE – application by the plaintiff to continue a freezing order as against the second to sixth defendants – whether the plaintiff has a sufficiently arguable case against the second to sixth defendants, including as against the third to sixth defendants a case based upon allegations of accessorial liability for misleading and deceptive conduct – held that the plaintiff has established a sufficiently arguable case against the second to sixth defendants – whether the plaintiff has established that if the second to sixth defendants are released from the freezing order they will present a real risk of acting so as to frustrate the process of the Court – held that the plaintiff has established such a risk with respect to the fourth, fifth and sixth defendants but not with respect to the second and third defendants – whether the Court’s discretion should be exercised so as to accept an undertaking from the fourth, fifth and sixth defendants instead of continuing the freezing order as against them – held that such an undertaking should be accepted from the fourth defendant but not the fifth defendant – held that the undertaking proffered by the sixth defendant in circumstances where he is a joint owner of the properties relied upon to secure the undertaking is not acceptable but that an undertaking in similar form from the sixth defendant and the co-owner would be acceptable
Intellectual property
Toyota Jidosha Kabushiki Kaisha v Ozi4x4 Pty Ltd (Leave to proceed) [2025] FCA 981
WHEELAHAN J, 19 Aug 2025
PRACTICE AND PROCEDURE – first respondent wound up in insolvency under the Corporations Act 2001 (Cth) – winding up order made by Supreme Court of Victoria – applicants applied for leave to proceed against the first respondent under s 471B of the Corporations Act – whether leave ought to be granted – leave to proceed may be granted by this Court notwithstanding winding up order made by Supreme Court of Victoria – s 471B confers judicial discretion – choice between having claim against liquidated company determined by a court and proof of debt procedure – liquidator did not oppose leave being granted – serious and substantive issues to be tried – concurrent liability of first and second respondent – unlikely any further costs will be incurred by the first respondent – degree of complexity – some relief sought not available through proof of debt process – leave granted
Commercial
Australian Communications and Media Authority v V Marketing Australia Pty Ltd (In Liq) (No 5) [2025] FCA 970
LOGAN J, 31 Mar 2025
COSTS – determining costs where parties had received offers more favourable than outcome of judgment – whether r 24.14 of the Federal Court Rules 2011 (Cth) applies to civil penalty proceedings – whether to award indemnity costs based on Calderbank terms – whether a regulator in a civil penalty proceeding is liable for indemnity costs where regulator receives a walk away offer with no concessions and obtains a less favourable outcome – partial indemnity costs awarded.
Commercial
JML Rose Pty Ltd v Jorgensen (No 3) [2025] FCA 976
WHEATLEY J, 19 Aug 2025
BANKRUPTCY AND INSOLVENCY – Annulment – Whether Court satisfied that sequestration order ought not to have been made – Where default judgment that founded the bankruptcy notice and the sequestration order set aside – Where debt to petitioning creditor was greater than the statutory minimum provided by the Bankruptcy Act 1966 (Cth) – Where supporting creditor was available to be substituted as the petitioning creditor – Whether discretion ought to be exercised to grant annulment – Where debtor failed to provide evidence of his financial position and solvency – Application dismissed. PRACTICE AND PROCEDURE – Litigant in person – Use of Generative Artificial Intelligence (AI) – Hallucinated case references, legislation and Court rules – Irrelevant case and statute references – Where Generative AI used to prepare written and oral submissions – Submissions generated misconceived or irrelevant.
Commercial
McEwan v Official Trustee in Bankruptcy [2025] FCA 978
BURLEY J, 15 Aug 2025
PRACTICE AND PROCEDURE – Part VAA of the Federal Court of Australia Act 1976 (Cth) – suppression and non-publication orders – application for temporary non-publication order over judgment pending determination of appeal – where appellant claims a non-publication order is necessary to prevent prejudice to the proper administration of justice or to protect the safety of any person under s 37AG of the Act – where balance between public interest in availability of reasons for judgment and s 37AG of the Act does not warrant a non-publication order
Federal crime
LAZ24 v Purcell (Examiner) (Stay Application) [2025] FCA 946
NEEDHAM J, 12 Aug 2025
CONTEMPT OF COURT – sentencing - application for temporary stay pending appeal – held appeal grounds not sufficiently strong to ground a stay – compassionate or discretionary grounds a foreseeable consequence of coercive sentence – stay not granted
Federal crime
Baggaley v Attorney-General (Commonwealth) [2025] FCA 968
RANGIAH J, 18 Aug 2025
ADMINISTRATIVE LAW – application for judicial review of decision to refuse applicant’s release on parole – whether there was no evidence or other material to justify the decision – whether respondent denied applicant procedural fairness by failing to take applicant’s submissions into account – whether decision was unreasonable – whether respondent failed to take into account relevant considerations – whether respondent failed to provide adequate reasons – application dismissed
Other
Palmer v Lazar, in the matter of Lazar (Bankrupt) (No 2) [2025] FCA 967
WIGNEY J, 6 Aug 2025
BANKRUPTCY AND INSOLVENCY – application to compel the transfer of property to the trustee in bankruptcy – where the bankrupt failed to engage with the trustee and Court – trustee presently unable to gather-in sufficient funds to discharge the bankrupt estate – property received as distribution of deceased estate – no steps taken to transfer title into personal capacity – bankrupt failed to comply with s 77(1)(e) of the Bankruptcy Act 1966 (Cth) – consent to the proposed transfer given by other registered title holder – where likely surplus funds available following the sale of the property – trustee orders granted directing the transfer of title – order allowing for the execution of any transfer documents by the registrar or court officer – bankrupt to give vacant possession within 28 days
Other
Palmer v Lazar, in the matter of Lazar (Bankrupt) [2025] FCA 966
WIGNEY J, 6 Aug 2025
PRACTICE AND PROCEDURE – Bankrupt’s application for further adjournment – failure to engage with the Trustee in bankruptcy and the Court prior to the hearing – failure to file any evidence in support of the adjournment application – where evidence suggests the Trustee has been unable to gather-in sufficient funds for creditor distributions – circumstances where a further adjournment will result in further fees and expenses to the detriment of any surplus distribution to the Bankrupt – application for further adjournment dismissed
Administrative
BQD18 v Minister for Immigration and Citizenship [2025] FCA 849
SARAH C DERRINGTON J, 18 Aug 2025
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed the decision of a delegate of the Minister refusing the grant of a Temporary Protection Visa – whether Tribunal erred in referring to non-existent evidence – whether reference tainted Tribunal’s ultimate conclusion – whether jurisdictional error shown – appeal dismissed
Commercial
Australian Energy Regulator v CAM Engineering and Construction Pty Ltd (Costs) [2025] FCA 972
SARAH C DERRINGTON J, 18 Aug 2025
COSTS – where respondent conceded to making of declarations in respect of admitted contravention of s 112(2) of the National Energy Retail Law (NSW) at initial trial – where admissions made eight months after proceeding commenced and after completion of the applicant’s evidence – where no dispute as to facts underlying the contravening conduct – where applicant seeks costs on standard basis in a fixed amount – where respondent did not oppose awarding of those costs
Employment
Transport Workers’ Union of Australia v Qantas Airways Limited (Penalty) [2025] FCA 971
LEE J, 18 Aug 2025
INDUSTRIAL LAW – where Qantas was previously found to have engaged in the largest ever contravention of the general protections provisions of Pt 3–1 of the Fair Work Act 2009 (Cth) – where the issue of pecuniary penalty fell to be determined – consideration of culture within Qantas where evidence of contrition is not persuasive and as to reform is mixed – the applicable law and principles governing the imposition of a pecuniary penalty considered – where the relevant considerations in determining the pecuniary penalty identified – where findings made as to each of the relevant considerations – where the quantum of the penalty determined in the amount of $90,000,000 – where the proper recipient to whom the penalty should be paid in whole or in part considered – orders made
Administrative
Hendry v State of Western Australia (No 2) [2025] FCA 956
JACKSON J, 15 Aug 2025
PRACTICE AND PROCEEDURE - proposed summary dismissal of first respondent's strike out application - orders also sought to regulate respondents' communication with witnesses and third parties - stay of proceeding - related criminal proceeding - close correspondence between issues - risk of prejudice to first respondent's defence in criminal proceeding - stay granted - strike out application not dismissed but stayed - no orders made in relation to communication with witnesses and third parties - suppression application not stayed
Commercial
Lin v One Funds Management Limited (Security for Costs) [2025] FCA 973
CHEESEMAN J, 15 Aug 2025
PRACTICE AND PROCEDURE – application for security for costs – where applicant is a natural person ordinarily resident outside of the jurisdiction – where applicant has insufficient assets in the jurisdiction to meet an adverse costs order where applicant has unpaid legal debts in the jurisdiction - whether risk that an order for costs will not be satisfied – whether leave to appeal has reasonable prospects of success – whether discretion should be exercised to make an order for security for costs – Held: application granted with costs
Administrative
McGinn v High Court of Australia (No 5) [2025] FCA 975
JACKMAN J, 14 Aug 2025
PRACTICE AND PROCEDURE – adjournment application – where applicant’s medical certificate given minimal weight – overarching purpose – application dismissed HIGH COURT AND FEDERAL COURT – whether appropriate to make vexatious proceedings order against applicant pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where nine sets of proceedings brought by applicant, together with separate applications for disqualification – where each application dismissed – where notices of appeal filed in eight proceedings – where previous judge dismissed three other applications brought by applicant – where two duty judges dismissed two further applications brought by applicant – each application has lacked reasonable grounds – where grounds in notices of appeal do not raise tenable or arguable challenges to decisions – overarching purpose – vexatious proceedings order made
Commercial
Platinum Asia Investments Limited, in the matter of Platinum Asia Investments Limited (No 2) [2025] FCA 974
CHEESEMAN J, 15 Aug 2025
CORPORATIONS – members’ scheme of arrangement – second court hearing – application pursuant to s 411 of the Corporations Act 2001 (Cth) to approve scheme of arrangement – Held: scheme approved
Commercial
Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 5) [2025] FCA 965
WHEATLEY J, 15 Aug 2025
PRACTICE AND PROCEDURE – Costs – Where most of the Respondents’ amended concise statement was struck out as an abuse of process – Successful party’s application for indemnity costs – Whether indemnity costs appropriate – Indemnity costs ordered.
Commercial
Roberts, in the matter of an application by Roberts [2025] FCA 957
JACKSON J, 7 Aug 2025
CORPORATIONS - application for leave to manage corporation under s 206G(1) Corporations Act 2001 (Cth) - application for order that applicant is not a disqualified person under s 126J(1)(b) Superannuation Industry (Supervision) Act 1993 (Cth) - corporation is the trustee of a self-managed superannuation fund and carries on business solely in that capacity - applicant undischarged bankrupt - applicant and wife are sole members of the self-managed superannuation fund - application granted
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