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
De Kretser Pty Ltd v De Kretser [2026] FCA 779
CHARLESWORTH J, 19 Jun 2026
CORPORATIONS – applicants operating a business providing accounting services – first respondent a former employee and director of first applicant – first respondent incorporating second respondent to compete with applicants’ business – applicants seeking an injunction to restrain the respondents from using information taken by first respondent from the applicants’ systems prior to resignation – whether serious question to be tried to support the interlocutory relief sought – nature of prejudice that may be suffered if an injunction were not to be granted – low likelihood of ongoing contravention – where damages would suffice – where the undertaking as to damages lacks sufficient substance – where applicants have engaged in conduct interfering with the respondents’ lawful entitlement to compete – where interests of third parties affected by applicants’ conduct – injunction refused. PRACTICE AND PROCEDURE – where undertaking as to damages given on an injunction application – where dispute involves acrimonious family relations – where a successful respondent would be required to remain in prolonged litigation to call upon the undertaking in the event that the applicants’ claims were unsuccessful – relevance of acrimonious relationship in the exercise of the discretion to grant the injunction sought.
Commercial
Australian Securities and Investments Commission v Noumi Limited (No 6) [2026] FCA 785
JACKMAN J, 12 Jun 2026
EVIDENCE – admissibility – whether data as at August 2022 relevant to information available in 2019 and 2022 – where data may affect assessment of knowledge of inventory in 2019 and 2020 – whether representations were prepared in contemplation of present proceedings – where representations were prepared in the usual process of keeping accounting records – evidence admitted without limitation EVIDENCE – admissibility – where there is a paucity of evidence as to how data were prepared – where data give erroneous figure for total inventory – where weight to be given will depend on whether other evidence casts light on data – where business records exception applies – where evidence is relied on for limited purpose – where ample notice was given of intention to rely on evidence for this purpose – evidence admitted without limitation EVIDENCE – admissibility of affidavits and expert report filed late – where late filing prevented defendant from preparing evidence in response – where this unfairly prejudiced defendant – evidence rejected
Administrative
Zhang v Minister for Immigration and Citizenship [2026] FCA 783
BEACH J, 19 Jun 2026
MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused
Commercial
AK Ippolito Investments Pty Limited v Family Farm Management Pty Ltd, in the matter of Family Farm Management Pty Ltd [2026] FCA 780
WHEATLEY J, 19 Jun 2026
PRACTICE AND PROCECURE — Judgment and Orders — Summary judgment — Reasonable prospects of success — Where the Defendant’s summary judgment application argued the Plaintiffs lacked standing — Where the Defendant’s summary judgment application based on hypothetical scenario — Plaintiffs’ case alleges unregistered managed investment scheme — Where issues sought to be determined on summary judgment were complex and novel — Summary judgment application refused PRACTICE AND PROCECURE — Proposed amended originating application — Proposed addition of just and equitable winding up orders — Proposed amendments not untenable or groundless — Amendments to originating application allowed
Commercial
Kelly v Hall & Wilcox [2026] FCA 567
NEEDHAM J, 8 May 2026
COSTS – whether assessment of costs charged by the respondent should be referred to a costs assessor as a referee – where the parties agree that referral should occur but disagree on timing – “two imperfect options” – whether the referral should occur first and the matters requiring determination by the Court be excluded from the cost assessor’s consideration – alternatively whether the Court should determine those matters first and the findings, with the question of costs, then be referred to the costs assessor – legal questions to be determined first – where proceedings are complex and the amounts involved considerable – where the costs assessor would benefit from knowing whether particular work should have been undertaken in the way that it was – impact of legal questions on fairness and reasonableness of costs charged – parties to provide draft orders setting out questions for determination by the Court PRACTICE AND PROCEDURE – separate question – where determination of separate question means that two hearings will need to be held in any event – weighing of factors for and against that outcome – “just and convenient” for question of costs to be referred to costs assessor with legal questions as to the basis of those costs determined first and separately
Administrative
Patel v Minister for Immigration and Citizenship [2026] FCA 782
BEACH J, 19 Jun 2026
MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused
Administrative
BWP18 v Minister for Immigration and Citizenship [2026] FCA 784
NESKOVCIN J, 17 Jun 2026
MIGRATION – application for extension of time to apply for judicial review of decision of the Administrative Appeals Tribunal not to revoke Minister’s decision to cancel protection visa – application for judicial review dismissed by a Registrar of the Federal Circuit and Family Court of Australia (Div 2) where applicant failed to appear at hearing – application for reinstatement of review application dismissed by a Registrar – review of the Registrar’s orders dismissed by a Judge of that Court – application for extension of time to seek leave to appeal – default of appearance – application dismissed
Administrative
FQB24 v Minister for Immigration and Citizenship (No 2) [2026] FCA 775
FEUTRILL J, 19 Jun 2026
MIGRATION – appeal – Administrative Appeals Tribunal review of delegate decision refusing to grant a protection visa – legal unreasonableness – procedural fairness – failure to exercise power to obtain oral evidence from witness – failure to exercise power to adjourn review
Federal crime
Commonwealth Director of Public Prosecutions v Fairfull [2026] FCA 748
ABRAHAM J, 19 Jun 2026
CRIMINAL LAW – sentencing – accused pleaded guilty to making false or misleading statements likely to induce persons to apply for financial products, and dishonest use of his position as a director with the intention of directly gaining an advantage
Employment
Rindeklev v Commonwealth of Australia (No 2) [2026] FCA 764
COLVIN J, 18 Jun 2026
INDUSTRIAL LAW - whether employer engaged in discriminatory conduct contrary to s 104(1) of the Work Health and Safety Act 2011 by failing to take action in response to concerns raised by employee in relation to conduct of another employee - whether employer made a false or misleading representation about the workplace rights of employee contrary to s 345 of the Fair Work Act 2009 when providing a letter to the employee as to the outcome of a preliminary investigation into a complaint made by the employee - whether employer made a false or misleading representation about the workplace rights of employee contrary to s 345 of the Fair Work Act in responding to a statutory request for information relevant to a claim by the employee for compensation - whether employer engaged in adverse action for the purposes of s 340 of the Fair Work Act by reducing the employee's shifts - whether employer engaged in adverse action in the conduct and outcome of an investigation into matters raised by employee - whether a finding was made in the investigation that the employee was a multiple and vexatious complainer or a person who made complaints in bad faith - whether those responsible for the management of the employee's workplace incited adverse action in the conduct of the investigation and its outcome - whether the employer engaged in adverse action by issuing a warning to the employee for speaking at a Union meeting - consideration of whether heads of relief should be granted if any of the employee's claims were upheld - whether causation had been established if claims upheld - consideration whether to accept evidence advanced to support claim of causation - application dismissed
Commercial
Australian Securities and Investments Commission v H C F Life Insurance Company Pty Limited [2026] FCAFC 81
DERRINGTON, HALLEY AND MCEVOY JJ, 19 Jun 2026
INSURANCE – appeal from liability decision and penalty decision of the primary judge – where respondent a life insurer that offers products which contain exclusions in respect of pre-existing conditions – where respondent adopted a definition of pre-existing condition that excludes cover where a medical practitioner is of the opinion that signs or symptoms of the relevant condition existed before policy inception – where primary judge concluded contracts rendered partially unenforceable by s 47 of the Insurance Contracts Act 1984 (Cth) – where primary judge found respondent had engaged in conduct that was liable to mislead in contravention of s 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) – where primary judge held terms were not unfair within the meaning of ss 12BF and 12BG of the ASIC Act – whether primary judge erred in finding contract terms were not unfair – no error – appeal dismissed
Administrative
Hennessy v Secretary, Department of Social Services [2026] FCA 778
COLLIER J, 17 Jun 2026
PRACTICE AND PROCEDURE – summary dismissal –Notice of Appeal from a Tribunal – reasonable prospect of success – where Federal Court proceeding filed in different State as tribunal proceeding below – where applicant in Federal Court proceeding different from applicant in tribunal proceeding below – whether applicant had standing
Commercial
Corry v NHB Enterprises Pty Ltd, in the matter of Corry [2026] FCA 768
STEWART J, 17 Jun 2026
BANKRUPTCY AND INSOLVENCY – review of a Registrar’s order to dismiss an application to set aside a bankruptcy notice – whether the applicant has a qualifying counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt – where the claim is at best highly speculative and has poor prospects – whether the claim is deserving of being finally determined
Commercial
Ablett v Matrix Commercial Interiors Pty Ltd [2026] FCA 723
LONGBOTTOM J, 18 Jun 2026
BANKRUPTCY AND INSOLVENCY – Application to wind up a company in insolvency under s 459P of the Corporations Act 2001 (Cth) – Presumption of insolvency pursuant to s 459C(2) of the Corporations Act 2001 (Cth) – Repossession of personal property to enforce security interest under loan agreement – Failure to comply with statutory demand – Whether onus of rebutting the presumption of insolvency discharged – Need for “fullest and best” evidence – Onus not discharged – Winding up ordered under s 459A of the Corporations Act 2001 (Cth).
Administrative
Tian v Minister for Immigration and Multicultural Affairs [2026] FCA 767
NEEDHAM J, 18 Jun 2026
MIGRATION – application for judicial review of decision by Administrative Review Tribunal to refuse to revoke the applicant’s visa cancellation – Tribunal required to apply Direction 110 – whether the Tribunal failed to consider representations made by the applicant – where the applicant has a son and daughter in Australia – whether the Tribunal failed properly to consider the best interests of each child as required by paragraph 8.4(3) of Direction 110 – where the applicant made representations about his son’s serious medical condition and the impact on his daughter – finding that the Tribunal gave adequate consideration to the best interests of each child – materiality not established – whether the Tribunal failed to consider the applicant’s representation that the expectations of the Australian community should be given “little weight” – a mere failure to refer expressly to a representation does not result in a finding of jurisdictional error MIGRATION – whether the Tribunal mistakenly regarded itself as being bound to apply the expectation in paragraph 8.5 of the Direction – finding that the words “must comply” in the decision did not import an erroneous approach to weighing the relevant considerations
Commercial
Kelly v Hall & Wilcox (Suppression and Separate Questions) [2026] FCA 750
NEEDHAM J, 17 Jun 2026
PRACTICE AND PROCEDURE – application for suppression and non-publication orders over confidential information identified by the applicants – where proceedings remain on foot – where application is not opposed by the respondent – the Court must ensure that the grounds for the orders have been made out, even where an application is not opposed – whether suppression of confidential information is necessary to prevent prejudice to the proper administration of justice – application determined on the papers – orders sought are necessary – disclosure of confidential information reasonably likely to prejudice settlement negotiations in respect of the proceedings or the proceedings proper, should negotiations fail – confidential information to be suppressed until 12 February 2027 or further order to enable settlement proceedings to continue PRACTICE AND PROCEDURE – separate questions to be determined prior to referral to the costs assessor – agreement between the parties with respect to some but not all questions – consideration of questions on reasonableness of respondent’s advice not limited to instructions received by respondent and litigation objectives – all relevant circumstances to be taken into account – following consideration of reasonableness of advice, Court to determine which legal costs should be referred to the costs assessor
Commercial
Vines (Trustee), in the matter of McKay (Deceased) [2026] FCA 765
BANKS-SMITH J, 18 Jun 2026
BANKRUPTCY – where bankrupt passed away prior to filing a statement of affairs – no will located – no person sought to apply for letters of administration – thorough investigation by trustees to locate creditors – real property sold and funds available for distribution – application by trustees for orders permitting distribution of dividends among proven creditors of the bankrupt estate as if a statement of affairs had been filed – orders made
Commercial
Russell v S3@Raw Pty Ltd (No 4) [2026] FCA 771
MEAGHER J, 18 Jun 2026
PRACTICE AND PROCEDURE – application by the second and third respondents to transfer proceeding from the Queensland District Registry to the Victoria District Registry – s 48(1) of the Federal Court of Australia Act 1976 (Cth) – rr 2.02 and 5.04, item 34, of the Federal Court Rules 2011 (Cth) – where proceeding has a substantial connection to Melbourne – where certain witnesses likely to be called by the second and third respondents at the final hearing reside in Melbourne – where certain witnesses who may be called by the applicant at the final hearing reside in Brisbane – where the applicant’s solicitors and counsel reside in Brisbane – where the second and third respondents’ solicitors and senior counsel reside in Melbourne – where the second and third respondents’ junior counsel resides in Brisbane – exercise of discretion subject to the overarching purpose provisions in s 37M of the Federal Court of Australia Act 1976 (Cth) – relevance of the national character of the Court and the legal profession – application dismissed with costs
Commercial
Crane v Gidley (Liquidator), in the matter of Steel City Formwork Pty Ltd (in liq) [2026] FCA 770
MEAGHER J, 18 Jun 2026
CORPORATIONS – winding up – public examinations – review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) of Registrar’s orders for production of documents made under s 596B of the Corporations Act 2001 (Cth) – application for leave to appeal interlocutory judgment dismissing applicant’s application to set aside Registrar’s orders – where applicant alleged primary judge failed to address whether documents fell within a class relating to corporations in liquidation or their examinable affairs – where applicant alleged primary judge reversed onus of proof in review – where applicant alleged primary judge did not afford applicant opportunity to address issue of costs of application – where found that decision of primary judge attended with sufficient doubt to warrant reconsideration on appeal – where found that applicant would suffer substantial injustice if primary judge’s decision found to be wrong – application for leave to appeal granted in part
Administrative
Asset Energy Pty Ltd v Commonwealth Minister for Industry and Science (No 2) [2026] FCA 761
JACKSON J, 17 Jun 2026
ADMINISTRATIVE LAW – judicial review of decision by Commonwealth New South Wales Offshore Petroleum Joint Authority to refuse applications to vary and extend gas exploration permit – ‘no evidence’ ground – where decision was based on conclusion that grant of applications was not in public interest – whether evidence required to support that conclusion – community opposition to grant of applications approached as objective fact – evidence was required ADMINISTRATIVE LAW – parliamentary privilege –Joint Authority relied on parliamentary statement to reach public interest conclusion – Bill of Rights 1688 1 Wm & Mary Sess 2 c 2 art 9 – whether parliamentary privilege means that there is no probative evidence before the Court, so that there was ‘no evidence’ to justify the conclusion or it was unreasonable – Court may have regard to parliamentary statements to prove historical fact – parliamentary privilege prevents any examination of probative value of parliamentary statement – applicant’s case relies on challenging the truth of parliamentary statement – tender of Joint Authority’s reasons alone insufficient to discharge applicant’s onus of proof – ‘no evidence’ ground dismissed – aspects of unreasonableness ground cannot be advanced due to privilege ADMINISTRATIVE LAW – where Joint Authority relied on passage of Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 (NSW) to make public interest conclusion – whether statement that legal effect of Act was not relied on means the conclusion was unreasonable or irrational – whether the fact that Act does not prohibit activities in permit area means the conclusion was unreasonable or irrational – open to Joint Authority to reason from passage of Act that there was community opposition – ground dismissed ADMINISTRATIVE LAW – procedural fairness – where decision was based on conclusion that the applicant lacked financial capacity to undertake proposed works – wh
