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
BEG26 v Child Support Registrar [2026] FCA 892
MCDONALD J, 10 Jul 2026
ADMINISTRATIVE LAW – child support – appeal from Administrative Review Tribunal – objection to child support decision lodged outside prescribed statutory time limit – where delegate of Child Support Registrar purported to extend time after application for extension of time deemed refused under s 83(2) of Child Support (Registration and Collection) Act 1988 (Cth) – where delegate allowed objection – where parties agree Tribunal erred in affirming objection decision – whether delegate had power to allow objection after deemed refusal of extension of time – whether Tribunal had power to affirm decision allowing objection – appeal allowed – delegate’s decision to allow objection set aside
Administrative
BFK19 v Minister for Immigration & Multicultural Affairs [2026] FCA 905
JACKMAN J, 10 Jul 2026
MIGRATION – appeal from decision of primary judge dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant the appellant a Protection (Class XA) visa – where the appellant relies on the ground of appeal that the Tribunal made a jurisdictional error by considering a criterion for the grant of the visa which had not been considered by the delegate – where that ground of appeal is not made out on a factual basis – where that ground of appeal is of no real merit – appeal dismissed
Native title
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 7) [2026] FCA 893
O'BRYAN J, 10 Jul 2026
NATIVE TITLE – where the Court has answered separate questions concerning the existence, ownership and content of native title rights and interests in claim area following lengthy trial – where following judgment by the Court, two new native title determination applications filed claiming native title rights and interests in an area that overlaps the claim area – where new claims are inconsistent with findings previously made by the Court – whether new applications should be dismissed as an abuse of process PRACTICE AND PROCEDURE – where the Court has answered separate questions concerning the existence, ownership and content of native title rights and interests in claim area following lengthy trial – where following judgment by the Court, an application is filed by non-parties seeking to be joined to the proceeding to assert native title rights and interests in an area that overlaps the claim area – where new claims are inconsistent with findings previously made by the Court – whether joinder application should be dismissed as an abuse of process PRACTICE AND PROCEDURE – where the Court has answered separate questions concerning the existence, ownership and content of native title rights and interests in claim area following lengthy trial – where following judgment by the Court, an application is filed by a respondent seeking orders for the Court to conduct a review of the authorisation of the native title claim – whether review application should be dismissed as an abuse of process PRACTICE AND PROCEDURE – where the Court has answered separate questions concerning the existence, ownership and content of native title rights and interests in claim area following lengthy trial – application to remove respondent parties who do not have native title rights and interests in the claim area as found by the Court
Commercial
Diakou v Yeo (liquidator), in the matter of ACN 152 259 839 Pty Ltd (in liquidation) [2026] FCA 896
BEACH J, 10 Jul 2026
CORPORATIONS — liquidation — application for leave to appeal — summonses for examination against various individuals under orders made pursuant to s 596B of the Corporations Act 2001 (Cth) — applications to set aside orders for examination and summonses — application for adjournment of the hearing of the applications to set aside — adjournment refused — primary judge dismissed the applications to set aside on their merits — leave to appeal sought — competency of any proposed appeal or leave to appeal application — application of s 24(1AA) of the Federal Court of Australia Act 1976 (Cth) — if proposed appeal or leave to appeal application competent, whether the two-pronged test for the grant of leave satisfied — decision not to adjourn hearing not attended with sufficient doubt — decision to dismiss the applications to set aside the orders and summonses for examination not attended with sufficient doubt — no substantial prejudice in any event — leave to appeal refused
Administrative
SXHR v Minister for Immigration and Citizenship [2026] FCA 904
STELLIOS J, 9 Jul 2026
PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to restrain the first respondent from removing the applicant under s 198(5) of the Migration Act 1958 (Cth) – where applicant in detention – whether there is serious question to be tried or prima facie case – whether balance of convenience favours granting relief sought – where if removed the applicant would face substantial difficulties in prosecuting the appeal – where removal would frustrate practical utility of orders – application granted
Intellectual property
Universal City Studios Productions LLLP v Telstra Limited [2026] FCA 899
STELLIOS J, 9 Jul 2026
PRACTICE AND PROCEDURE – application for urgent interlocutory injunction – where applicants seek site blocking and ancillary orders against carriage service providers – prima facie case established – balance of convenience favours grant of interlocutory injunction – orders made requiring carriage service providers to disable access to 32 streaming websites
Commercial
Tacora Capital, LP v Mine & Rail Company Pty Ltd (Administrators Appointed), in the matter of Mine & Rail Company Pty Ltd [2026] FCA 903
GOODMAN J, 10 Jul 2026
CORPORATIONS – application for an interlocutory injunction to prevent the signing of a Deed of Company Arrangement proposed by the second defendant following a resolution of creditors approving the entry by the company into that Deed – where the plaintiff contends that the administrators of the company wrongly limited its vote with respect to a claim in debt to a nominal value of $1 and that but for this decision by the administrators it would have been necessary for the administrator who chaired the creditors meeting to exercise a casting vote and that vote would have been exercised in favour of a proposed Deed of Company Arrangement put forward by the plaintiff – a sufficiently arguable case established – balance of convenience favours allowing the signing of the Deed of Company Arrangement proposed by the second defendant and payments by the second defendant into the fund established by that Deed but preventing any other steps for the effectuation of that Deed pending the outcome of the proceeding
Taxation
Department of Education v Commissioner of Taxation [2026] FCA 898
BUTTON J, 10 Jul 2026
TAXATION – superannuation guarantee charge – Superannuation Guarantee (Administration) Act 1992 (Cth) (Act) – appeal against objection decision disallowing objections to amended assessments of superannuation guarantee charge for quarters between 1 April 2004 and 31 December 2022 – where applicant employed teachers in Victorian Government schools – where teachers paid an annual “salary loading allowance” calculated as 17.5% of four weeks of normal salary – whether the salary loading allowance formed part of the “notional earnings base” within the meaning of s 13 of the Act for the period prior to 1 July 2008 – meaning of “salary” in the State Employees Retirement Benefits Act 1979 (Vic) and the State Superannuation Act 1988 (Vic) – whether the salary loading allowance was a “recreation leave allowance” excluded from the definition of “salary” – proper construction of “recreation leave allowance” – where teachers’ annual leave entitlements taken to be acquitted during school holiday periods – whether the salary loading allowance formed part of “ordinary time earnings” within the meaning of s 6(1) of the Act for the period from 1 July 2008 – whether the allowance constituted “earnings in respect of ordinary hours of work” – relevance of historical origins and industrial context of the salary loading allowance – BlueScope Steel (AIS) Pty Ltd v Australian Workers Union (2019) 270 FCR 359 considered – amended assessments held to be excessive
Employment
Gillham v Melbourne Symphony Orchestra Pty Ltd (Liability) [2026] FCA 891
HILL J, 10 Jul 2026
INDUSTRIAL LAW – general protections – adverse action – where applicant’s engagement terminated by the Melbourne Symphony Orchestra (MSO) after he makes political statements at a piano recital – where MSO sends a message to audience members from the recital after cancelling applicant’s future performance, then invites applicant to return on condition that there are no statements from the stage, then publishes a statement after cancelling concert when applicant declines to return – whether the applicant has a workplace right not to be discriminated against contrary to the Equal Opportunity Act 2010 (Vic) (EO Act) – whether the EO Act is a “workplace law” – whether the latter three actions are “adverse actions” as defined – whether the applicant’s political beliefs were a substantial and operative reason for any adverse action – application dismissed
Native title
Long on behalf of the members of the Ahalper, Alekwarr, Alhalker/Atnangker, Ankweteng, Arnmanapwenty, Atwel, Ilkewartn and Rtwerrpe landholding groups v Northern Territory of Australia [2026] FCA 853
BURLEY J, 7 Jul 2026
NATIVE TITLE – consent determination of native title – where parties have agreed as to native title – requirements under s 87 of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders as to native title
Administrative
Singh v Minister for Immigration and Citizenship [2026] FCA 895
MCELWAINE J, 9 Jul 2026
MIGRATION — Appeal from the Federal Circuit and Family Court of Australia (Division 2) — student visa partner case — appeal grounds fail to expose error —appeal dismissed — no issue of principle.
Commercial
Lamb v Karageozis (Trustee), in the matter of the Bankrupt Estate of Lamb [2026] FCA 901
JACKMAN J, 9 Jul 2026
BANKRUPTCY AND INSOLVENCY – application for leave to appeal from the primary judge’s order dismissing an interlocutory application to set aside a sequestration order – where none of the grounds of appeal relied on demonstrates that the decision of the primary judge is attended with sufficient doubt – leave to appeal dismissed PRACTICE AND PROCEDURE – application for adjournment – where unavailability of counsel insufficient ground for adjournment – where medical evidence insufficient to justify adjournment – where applicant’s conduct demonstrates ability to represent herself – application for adjournment refused PRACTICE AND PROCEDURE – application for stay of enforcement of sequestration order pending appeal – where no further avenue of appeal lies from refusal of leave to appeal – stay not granted
Administrative
Kaur v Minister for Immigration and Citizenship [2026] FCA 897
MCELWAINE J, 9 Jul 2026
MIGRATION — appeal dismissed — no question of principle.
Administrative
Liu v Minister for Immigration and Citizenship (No 2) [2026] FCA 876
PERRY J, 9 Jul 2026
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal – where proposed grounds of appeal are without merit – failure to provide personal statutory declaration required to establish a valid claim of family violence – application for reinstatement dismissed.
Commercial
Alexiou v Australia and New Zealand Banking Group Limited (Privilege) [2025] FCA 1697
YOUNAN J, 26 Sep 2025
PRIVILEGE – interlocutory application challenging objection to production on basis of legal professional privilege – application of common law principles – advice privilege – litigation privilege – appropriate for Court to inspect documents – privilege claim upheld – implied waiver not established
Admiralty
Smithbridge Guam Inc v Swire Shipping Pte Ltd [2026] FCA 884
SARAH C DERRINGTON J, 9 Jul 2026
ADMIRALTY AND MARITIME – contract for carriage of goods by sea – application for “anti-arbitration”/“anti-suit” injunction – whether arbitration agreement rendered of no effect by s 11 (2)(b) of Carriage of Goods by Sea Act 1991 (Cth) (COGSA 91) – where contract of carriage contained in booking note incorporating bill of lading terms – where booking note contains supersession clause – where no bill of lading issued and goods not shipped – whether booking note is a sea carriage document or within s 10(1)(b)(iii) of COGSA 91 ARBITRATION – application for stay under s 7 of International Arbitration Act 1974 (Cth) – where prerequisites in subsection 2 are satisfied – stay granted
Commercial
Sozou v Bardella, in the matter of Dropshaft Pty Ltd (in liquidation) [2026] FCA 890
GOODMAN J, 8 Jul 2026
PRACTICE AND PROCEDURE – application by plaintiffs to join multiple defendants to a proceeding under s 588FF of the Corporations Act 2001 (Cth) – application granted
Commercial
Qoria Limited, in the matter of Qoria Limited (No 2) [2026] FCA 880
JACKSON J, 7 Jul 2026
CORPORATIONS – scheme of arrangement – application for approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth) – acquisition of 100% of shares in plaintiff in return for CHESS Depository Interests in stock of acquirer – scheme approved by necessary majorities of shareholders – orders made approving scheme
Commercial
Albarran (Liquidator) v Kimberly Pearl Tours Pty Ltd, in the matter of Kimberley Pearl Tours Pty Ltd [2026] FCA 877
FEUTRILL J, 29 May 2026
BANKING AND FINANCIAL INSTITUTIONS – loan agreements and security instruments – financial services – application for interlocutory injunction to restrain exercise of power of sale – financial services – alleged statutory unconscionable conduct – system of conduct or pattern of behaviour – terms of contract – manner in which and extent to which contract is carried out – asset-based lending – inequality of bargaining power – standard form contracts – unfair terms – penalty interest – conditions not reasonably necessary for the protection of legitimate interests – undue influence or pressure – unfair tactics – unreasonable failure to disclose intended conduct and risks arising from intended conduct – bad faith – improper purpose BANKRUPTCY AND INSOLVENCY – receivers and managers – application for interlocutory injunction to restrain exercise of power of sale – alleged statutory unconscionable conduct – alleged breach of general law and statutory duties – alleged appointment in bad faith and for improper purpose – undue influence or pressure – unfair tactics – threat to wilfully sacrifice interests of grantor – unreasonable remuneration and expenses – bad faith – improper purpose – misuse of position PRACTICE AND PROCEDURE – interlocutory injunctions – security instruments – application to restrain exercise of power of sale – alleged unenforceability of security instrument due to statutory unconscionable conduct – consideration of applicable principles – serious question to be tried and balance of convenience – applicability of the Inglis rule and exceptions – strength of statutory unconscionability claim – risk of irreparable damage if refused – predetermination of final injunctive relief if refused – risk of hardship if granted – inadequacy of undertaking as to damages – necessity to make payment into court if granted – risk of injustice of grant or refusal CORPORATIONS – derivative action – receivers and managers app
Commercial
Zulic v CMC Markets Asia Pacific Pty Ltd (No 4) [2026] FCA 878
JACKMAN J, 7 Jul 2026
PRIVILEGE – disputed notice to produce – where legal professional privilege claimed over solicitors’ invoices – where solicitor on the record has reviewed invoices and considers that they disclose privileged communications and narratives which would allow the content of privileged communications to be inferred – where evidence sufficient to substantiate claims for privilege – documents not required to be produced
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