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.
Administrative
Seniors and Disabilities Best Access Group v Commissioner of Main Roads [2025] FCA 424
FEUTRILL J, 24 Apr 2025
HUMAN RIGHTS – urgent application for interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth – complaint lodged with Australian Human Rights Commission alleging unlawful discrimination under ss 6, 23 and 24 of the Disability Discrimination Act 1992 (Cth) – design, construction and implementation of roadworks alleged to be indirect discrimination – alleged discrimination in access to premises – alleged discrimination in provision of services or making facilities available – functions and powers of Commissioner of Main Roads under s 15B and s 27A of the Main Roads Act 1930 (WA) with respect to roadworks – disruption of exercise of public functions and powers – disruption of general public – works substantially complete – limited status quo to be maintained – serious question to be tried – balance of convenience
Commercial
Australian Competition and Consumer Commission v Beacon Products Pty Limited (in liq) [2025] FCA 426
HALLEY J, 29 Apr 2025
PRACTICE AND PROCEDURE – application for leave to proceed against first and second respondents in liquidation pursuant to s 500(2) of the Corporations Act 2001 (Cth) – application for deemed service, and in the alternative, substituted service of originating application and statement of claim upon third respondent, pursuant to r 10.23 and r 10.24 of the Federal Court Rules 2011 (Cth) – application for suppression and non-publication orders pursuant to s 37AF of Federal Court of Australia Act 1976 (Cth) – orders made
Commercial
Banerjee (Liquidator), in the matter of Eastside Formwork Pty Ltd (in liq) v Stojic (No 2) [2025] FCA 427
NEEDHAM J, 17 Apr 2025
CORPORATIONS – interlocutory process to appoint receiver and manager or alternatively a freezing order under s 1323(1) of the Corporations Act 2001 (Cth) to the property owned by the first defendant – delay of application not fatal – held in the circumstances not “necessary or desirable” to appoint a receiver or make a freezing order – satisfied that refinancing of property and sale of another property was not with the intention of dissipation of proceeds – interlocutory process dismissed
Intellectual property
Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd (No 2) [2025] FCA 418
BENNETT J, 30 Apr 2025
COSTS – appeal from Registrar of Trade Marks successful – costs of appeal proceeding – where submitting notice filed – where success partially based on evidence not advanced before delegate of Registrar – where concessions made which were not made before delegate COSTS – whether party successful in Court should have its costs of proceeding before delegate TRADE MARKS – whether certificate under s 105 of the Trade Marks Act 1995 (Cth) should issue
Administrative
Reynolds v Judicial Registrar Burns (No 2) [2025] FCA 409
NESKOVCIN J, 30 Apr 2025
PRACTICE AND PROCEDURE – application under r 39.05(a) of the Federal Court Rules 2011 (Cth) to set order for the dismissal of the proceeding – where applicant did not appear at the final hearing – where orders were made to dismiss the proceeding under r 30.22 – application dismissed
Administrative
Reurich v Savills (SA) Pty Ltd [2025] FCA 420
RAPER J, 30 Apr 2025
DISCRIMINATION LAW – where the applicant was barred, then repeatedly barred from access to premises (a shopping centre) – whether the applicant was directly or indirectly discriminated by the first and second respondents by reason of his disability or having an assistance animal under s 23 of the Disability Discrimination Act 1992 (Cth) – whether the applicant was victimised, pursuant to s 58A of the DDA, by reason of having made a complaint about the third respondent previously to the Australian Human Rights Commission and/or bringing proceedings – application dismissed
Administrative
Liao v Minister for Immigration and Multicultural Affairs [2025] FCA 412
BANKS-SMITH J, 30 Apr 2025
MIGRATION – application for extension of time to apply for judicial review of decision of the Minister to cancel the applicant's visa under s 501(3)(b) of the Migration Act 1958 (Cth) – delay – merits of proposed grounds – where sentencing judge
Intellectual property
The Advanced Technology Group Pty Ltd v Foxtel Cable Television Pty Ltd [2025] FCA 408
MOORE J, 29 Apr 2025
PRACTICE AND PROCEDURE – application for security for costs – principles applicable where risk of stultification alleged – nature of evidence required – where insufficient evidence of stultification
Admiralty
Tasmanian Ports Corporation Pty Ltd v CSL Australia Pty Ltd (The Goliath) [2025] FCAFC 53
BURLEY, SARAH C DERRINGTON AND, 29 Apr 2025
ADMIRALTY AND MARITIME LAW – Convention on Limitation of Liability for Maritime Claims 1976 – limitation of liability for wreck – meaning and scope of Arts 2(1)(a) and (d) of the Convention – where vessel MV Goliath owned and operated by the first respondent allided with two berthed tugs owned by the appellant – where tugs sank and became wrecks – where appellant claims against the vessel owners for the costs of the recovery, removal and disposal of the tugs and bunker fuel onboard – whether such claims are excluded from limitation under Art 2(1)(d) of the Convention because Australia has exercised a reservation under Art 18(1) by which Art 2(1)(d) is not given the force of law in Australia
Commercial
UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 2) [2025] FCA 417
BENNETT J, 11 Apr 2025
PRACTICE AND PROCEDURE – where Applicant seeks leave to file and serve proposed further amended statement of claim – where new claims present triable issues – explanation for delay – prejudice – impact on trial date and other matters – whether amendments should be allowed
Commercial
Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 4) [2025] FCA 411
BANKS-SMITH J, 29 Apr 2025
COSTS – first applicant had mixed success at trial – second applicant unsuccessful – factors relevant to discount to be applied to costs otherwise payable – disproportion between time and costs of trial and outcome – respondents claim indemnity costs from date of offers – whether judgment less favourable than offers under r 25.14(1) of the Federal Court Rules 2011 (Cth) – whether regardless r 25.14(1) should not apply – whether Calderbank principles apply – respondents to pay applicants' costs on standard basis but with significant discount – apportionment of costs between respondents
Commercial
Bredenkamp (Liquidator), in the matter of Coolgardie Minerals Limited (in liq) [2025] FCA 404
JACKSON J, 17 Apr 2025
CORPORATIONS - Corporations Act 2001 (Cth) s 477(2B) - application for retrospective approval for entry into funding agreement lasting more than three months - application for approval for entry into proposed legal costs agreement lasting more than three months - application for suppression orders to prevent prejudice to the proper administration of justice - approvals granted - orders made
Commercial
Selfwealth Ltd, in the matter of Selfwealth Ltd (No 2) [2025] FCA 416
O'BRYAN J, 28 Apr 2025
CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme
Employment
Central Goldfields Shire Council v Australian Municipal, Administrative, Clerical and Services Union [2025] FCAFC 59
COLLIER, SNADEN AND RAPER JJ, 29 Apr 2025
INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how properly to assess whether or not the making of an SIEA would be contrary to the public interest – whether Commission misunderstood significance to public interest of “fundamental workplace relations principles” established by s 3A of the Fair Work (Commonwealth Powers) Act 2009 (Vic) – application dismissed.
Administrative
GRCF v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 415
BENNETT J, 29 Apr 2025
MIGRATION – application for judicial review of a Minister’s decision made personally under s 501BA of the Migration Act 1958 (Cth) – where part of the Minister’s reasoning illogical – whether illogicality was material – where the Minister did not obtain updated information about the Applicant – whether unreasonable to treat dated material as if it were up to date – whether sufficient consideration of legal consequences of decision –
Commercial
Australian Steel Manufacturing Pty Ltd v Selection Steel Trading Pty Ltd [2025] FCA 407
O'BRYAN J, 29 Apr 2025
CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo - whether genuine dispute about the existence or amount of the debt and whether there is an offsetting claim within meaning of s 459H of the Corporations Act 2001 (Cth) – relevant principles –
Employment
Mount v Dover Castle Metals Pty Ltd (Costs) [2025] FCA 402
KATZMANN J, 29 Apr 2025
COSTS – where applicant sued respondents for damages/compensation, exemplary damages and pecuniary penalties alleging contraventions of whistleblower provisions of Corporations Act 2001 (Cth) and of general protections provisions of Fair Work Act 2009 (Cth) and also claimed to have been wrongfully dismissed – where Fair Work Act claims abandoned shortly before trial and other claims dismissed – where applicant refused to accept numerous offers to settle proceedings – where respondents applied for costs and both Acts limit power of Court to make costs orders against an applicant in applicant’s position, which Act applies – where respondents claim applicant’s failure to accept any one of three particular offers of settlement was unreasonable, whether applicant should be ordered to pay costs – whether costs should be awarded on an indemnity basis
Other
Roberts-Smith v Fairfax Media Publications Pty Ltd [2025] FCA 414
PERRAM J, 24 Apr 2025
PRACTICE AND PROCEDURE – where the Court has issued six subpoenas to produce documents to various third-parties including the respondents’ legal representatives at the appellant’s request – where the appellant has served the Second Respondent with a notice to produce – whether the subpoenas and notice to produce serve a legitimate forensic purpose
Commercial
Hodgson (Liquidator), in the matter of ACN 009 068 473 Pty Ltd (in liq) [2025] FCA 410
BANKS-SMITH J, 24 Apr 2025
CORPORATIONS – liquidators' application for approval to enter into litigation funding agreement – term exceeds three months – s 477(2B) of the Corporations Act 2001 (Cth) – potential voidable transaction proceeding – application for suppression orders to prevent prejudice to the proper administration of justice – approval granted and suppression order made
Administrative
GRPN v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 406
JACKSON J, 28 Apr 2025
MIGRATION - judicial review of decision of Administrative Appeals Tribunal as to whether to revoke cancellation of visa - whether Tribunal misunderstood nature of applicant's claims - whether Tribunal considered the best interests of minor children in Australia to in the appropriate manner - whether Tribunal considered the impact of removal on immediate family members in Australia - jurisdictional error found - application upheld
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