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
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited (Privilege Hearing) [2026] FCA 1051
LEE J, 27 Jul 2026
EVIDENCE – legal professional privilege – dominant purpose – communications involving in-house lawyers – due diligence reports – whether reports and associated communications brought into existence for dominant purpose of obtaining or giving legal advice – commercial purpose – risk and compliance functions – privilege not established EVIDENCE – legal professional privilege – waiver – disclosure of privileged material to financial regulators – Deloitte reports – disclosure to Swiss Financial Market Supervisory Authority, United Kingdom Financial Conduct Authority and other regulators – statutory confidentiality regimes – limited disclosure – whether conduct inconsistent with maintenance of confidentiality – no waiver DISCOVERY – production of documents – challenges to privilege claims – inspection of documents by Court – adequacy of discovery searches – applications for further discovery – referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) PRACTICE AND PROCEDURE – interlocutory applications – multiple overlapping privilege and discovery disputes determined together – adoption of referee’s report – case management in complex commercial litigation
Commercial
Morrell v Sundance Marine Pty Ltd (Substituted Service) (No 2) [2026] FCA 1049
HILL J, 31 Jul 2026
PRACTICE AND PROCEDURE – application for substituted service of cross-claim outside the jurisdiction – service on Cross-Respondent in France under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters [2010] ATS 23 (Hague Convention) has not been completed after nine months – continuing uncertainty about progress of service under the Hague Convention – whether service in accordance with the Hague Convention is “not practicable” – application granted
Commercial
Sanna v Trustee of the Property of Sanna (Bankrupt) [2026] FCA 1046
DOWLING J, 16 Jul 2026
PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – where proposed grounds of appeal have no prospects of success and there would be no utility in granting leave for the amendment – leave refused
Administrative
CNN17 v Minister for Immigration and Citizenship [2026] FCA 1017
HALLEY J, 31 Jul 2026
MIGRATION – application for extension of time to file notice of appeal in relation to decision of a judge of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) dismissing judicial review of decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister not to grant protection visa to applicant – whether leave to raise new grounds of appeal that were not raised before Federal Circuit Court should be granted – whether Tribunal did not properly consider applicant’s claims – whether Tribunal made unfavourable findings wrongly – whether primary judge ignored claims in favour of the applicant – where no relevant error by Tribunal or primary judge is discernible – where proposed grounds of appeal have no reasonable prospects of success – where unnecessary to address whether applicant should be granted leave to raise new grounds of appeal – application for extension of time to file notice of appeal be dismissed
Administrative
Martin v Minister for Immigration and Citizenship [2026] FCA 1027
HALLEY J, 31 Jul 2026
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming decision of delegate of Minister for Immigration and Citizenship not to revoke cancellation of visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) (Act) – where Ministerial Direction No. 110 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA of the Act (Direction) applied – where applicant found guilty of murder, reckless wounding and assault – where applicant identified three minor children whose interests warranted consideration under the Direction – whether Tribunal failed to consider mandatory matters under para 8.4(4) of the Direction – where Tribunal properly applied considerations in para 8.4(4) of the Direction – applicant granted leave to rely on amended originating application – appeal dismissed
Commercial
Sunshine City Club (in liquidation), in the matter of Sunshine City Club [2026] FCA 1045
BEACH J, 31 Jul 2026
CORPORATIONS — insolvency — application for liquidators to be appointed voluntary administrators — s 436B(2)(g) of the Corporations Act 2001 (Cth) — modification of operation of Part 5.3A concerning ss 436E, 438B, 438D and 439C — orders under s 447A — order under s 482 staying the winding up — order under s 482 dealing with conditional termination of winding up — orders made
Employment
Muthu v Radeshar Pty Ltd [2026] FCA 1047
HALLEY J, 23 Jul 2026
INDUSTRIAL LAW – where applicant notified of hearing date for extension of time and leave to appeal but failed to appear – where applicant had a history of failures to appear – where no appearance by respondents – application for extension of time and leave to appeal dismissed
Commercial
McEwan v Official Trustee in Bankruptcy (Costs) [2026] FCA 1016
COLLIER J, 31 Jul 2026
COSTS – proceeding discontinued by leave after judgment reserved – where respondents sought costs of discontinued proceeding – respondents were trustees in bankruptcy of applicant – where previous trustees of applicant’s bankrupt estate filed Objection to Discharge of applicant from bankruptcy under Bankruptcy Act 1966 (Cth) – objection concerned non-provision of information by applicant –applicant subsequently provided information sought –applicant commenced proceedings seeking cancellation or withdrawal of Objection to Discharge – respondents subsequently withdrew Objection to Discharge – applicant successful in obtaining practical outcome of litigation – applicant litigant in person – respondents failed to explain delay between practical compliance by applicant and withdrawal of Objection to Discharge by respondents – limitation on costs ordered
Administrative
VPBY v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 1026
HALLEY J, 31 Jul 2026
MIGRATION – application for judicial review of decision of Assistant Minister for Citizenship, Customs and Multicultural Affairs (Assistant Minister) under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Review Tribunal (Tribunal) revoking cancellation of visa – where applicant convicted of supplying large commercial quantity of a prohibited drug – where Tribunal made adverse credibility findings but found applicant posed a low risk of reoffending – whether Assistant Minister’s finding that cancellation in the national interest unreasonable, illogical or irrational –whether Assistant Minister acted unreasonably in forming conclusion about applicant’s risk of reoffending based on Tribunal’s summaries – whether Assistant Minister failed to make reasonable inquiries – where no jurisdictional error established – amended originating application dismissed
Administrative
Lockett v Comcare [2026] FCA 1014
COLLIER J, 31 Jul 2026
PRACTICE AND PROCEDURE – summary dismissal – notice of objection to competency – compensation under s 14 Safety, Rehabilitation and Compensation Act 1988 (Cth) – where Applicant seeks merits review – where grounds of review not sufficiently particularised – where powers of the Court not enlivened under s 5(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) – principles relating to summary dismissal – whether application has no reasonable prospects of success
Administrative
AIH18 v Minister for Immigration and Citizenship [2026] FCA 993
YOUNAN J, 31 Jul 2026
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant appellant a Protection (Subclass 866) visa – grounds of appeal not particularised – grounds of appeal disclose no error – appeal dismissed
Employment
Reeve v Fair Work Commission (Leave to Appeal from Refusal of Disqualification) [2026] FCA 1041
LEE J, 23 Jul 2026
PRACTICE AND PROCEDURE – applications for leave to appeal from interlocutory judgments dismissing applications for disqualification – litigant in person – alleged actual and apprehended bias – alleged procedural unfairness – no arguable error – applications dismissed with costs PRACTICE AND PROCEDURE – querulous litigant disputing business of the Court and abusing staff – need for orders to be made – a right to be heard is not a right to be heard abusively – need for protective orders to be made on the Court’s own motion
Administrative
Fetalaiga v Minister for Immigration and Citizenship [2026] FCA 1025
JACKSON J, 30 Jul 2026
PRACTICE AND PROCEDURE – oral application for adjournment of hearing – adjournment sought for applicant to obtain legal representation – applicant previously had pro bono legal assistance which had since withdrawn – adjournment unlikely to result in future legal representation – application dismissed MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – no written or oral submissions made by applicant – whether Tribunal had constructively failed to exercise jurisdiction –Tribunal considered substantial claims raised by applicant – grounds dismissed – application dismissed
Administrative
Rachelle v Victorian Institute of Teaching (Summary Dismissal) [2026] FCA 1038
WHEELAHAN J, 30 Jul 2026
PRACTICE AND PROCEDURE – application for summary dismissal of appeal on a question of law from the Administrative Review Tribunal – whether the appeal was made within time – whether there is a question of law disclosed – whether the applicant has reasonable prospects of successfully prosecuting the appeal – whether the appeal is vexatious, frivolous or an abuse of process – whether there has been a failure to comply with r 33.12(2) of the Federal Court Rules 2011 (Cth) justifying summary dismissal of the appeal - Held: appeal summarily dismissed
Commercial
Australian Securities and Investments Commission v Brite Advisors Pty Ltd (Receivers and Managers Appointed) (in liq) (No 4) [2025] FCA 1698
O'SULLIVAN J, 15 Sep 2025
CORPORATIONS — Receivers and Managers appointed over trust assets of company in liquidation — whether Receivers are justified in adopting proposed interim distribution orders — where company commingled trust assets and failed to keep proper financial records — where vast majority of trust assets comprise a deficient mixed fund — whether deficient mixed fund should be pooled and distributed on a pari passu basis by reference to beneficiaries’ verified entitlements — where tracing beneficiaries’ interests in specific assets in the deficient mixed fund would be impractical and economically unreasonable — interim distribution orders made in terms proposed by the Receivers CORPORATIONS — surrender rebate arrangements — where outstanding surrender rebate balances are properly characterised as loans to recipient beneficiaries — where Receivers consider it appropriate that surrender rebate balances be offset against recipient beneficiaries’ verified entitlements — where certain of the recipient beneficiaries contend their surrender rebate balances should not be offset against their entitlements or, if they are to be offset, should be discounted — claim by certain of the recipient beneficiaries refused CORPORATIONS — interest on beneficiaries’ cash holdings — where certain of the cash-holding beneficiaries contend that interest should be retrospectively applied to their cash balances recorded as at the date of Receivers’ appointment — where retrospective application of interest to beneficiaries’ cash balances would alter the distribution of the deficient mixed fund and prejudice non cash-holding beneficiaries — claim by certain of the cash-holding beneficiaries refused
Commercial
Wolbers, in the matter of an application by Wolbers (Bankrupt) [2026] FCA 1018
MEAGHER J, 30 Jul 2026
SUPERANNUATION – application for order that applicant is not a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) – where applicant and wife are the two trustees and members of a self-managed superannuation fund within the meaning of s 17A of the Superannuation Industry (Supervision) Act 1993 (Cth) – where applicant is an undischarged bankrupt – application granted
Employment
B.M.D. Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 4) [2026] FCA 1037
MEAGHER J, 30 Jul 2026
COSTS – application for costs of successful interlocutory application by applicant to strike out certain paragraphs of first respondent’s amended defence – where first respondent pleaded non-admissions in amended defence – whether discretion to award costs under s 570 of the Fair Work Act 2009 (Cth) enlivened – whether first respondent acted unreasonably in pleading and resisting applicant’s interlocutory application – whether first respondent caused applicant to incur costs – whether discretion to award costs should be exercised – no order for costs
Commercial
Watts v Chopsonion Pty Ltd (Controllers Appointed) [2026] FCAFC 99
CHARLESWORTH, DERRINGTON AND JACKSON JJ, 30 Jul 2026
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 findings based on misconstruction of documents and omission to assess evidence in context – failure to have regard to undeniable inferences – findings set aside – appeal allowed BANKING AND FINANCE – interest – application of recoveries – where lenders received funds under settlement with proposed purchaser of equipment – where funds distributed to lenders – whether recoveries were applied in reduction of principal or accrued interest – whether primary judge erred in concluding recoveries reduced principal indebtedness CORPORATIONS – accessorial liability for breaches of directors’ duties – where company obtained funding for acquisition of abattoir equipment for on-sale to third party purchaser – where funding obtained on basis of documents allegedly misrepresenting the purchase price and payment of a deposit – where excess funds subsequently paid to related entities – where director and shadow director not party to the proceedings – whether primary judge erred in finding appellants were created or provided impugned documents and thereby participated in fraudulent and dishonest design – whether findings supported by evidence – appeal allowed CONSUMER LAW – misleading or deceptive conduct – where documents provided in support of funding application represented purchase price of equipment and payment of deposit – whether primary judge erred in finding appellants created or provided impugned documents – whether appellants engaged in misleading or deceptive conduct or were involved in contraventions by shadow director – appeal allowed DAMAGES – causation and reliance – where lenders advanced funds in reliance on information provided in support of funding application – whether primary judge erred by assessing causatio
Commercial
QB4 Capital Pty Limited v Wengel (Stay Application) [2026] FCA 1036
JACKMAN J, 29 Jul 2026
PRACTICE AND PROCEDURE – application for stay of distribution of trust assets pending determination of leave to appeal – where receivers consider that full amount of trust assets must be retained pending determination of leave to appeal – where applicants are not willing to give an undertaking as to damages concerning the consequences of the full amount being retained – where undertaking as to damages inadequate – application dismissed
Commercial
Kasaragh Investments Pty Ltd as trustee for the Kasaragh Investment Trust v Enablo Pty Limited [2026] FCA 1009
GOODMAN J, 30 Jul 2026
CORPORATIONS – application for an order under s 247A of the Corporations Act 2001 (Cth) authorising inspection of the books of the first defendant – where application is made by a former member – where the applicant must demonstrate that the application is made in good faith and for a purpose connected with applying for leave under s 237 of the Act – where the applicant proposes to bring a proceeding based upon: (1) alleged breaches of a shareholders agreement; (2) alleged oppressive conduct; and (3) a derivative proceeding involving alleged contraventions of ss 180 to 182 of the Act and breaches of fiduciary duty by the directors of the company – where the proposed derivative proceeding does not appear to be for the benefit of the company in circumstances where it does not appear that the impugned conduct could have caused any detriment to the company – applicant failed to demonstrate that the application is made in good faith and for a purpose connected with applying for leave under s 237 of the Act – application dismissed
