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.
Employment
Gussen v Swinburne University of Technology [2026] FCA 1389
BENNETT J, 21 Sep 2026
INDUSTRIAL LAW –Separate question – whether a Deed of Release (the Deed) between the Applicant and Swinburne University of Technology (Swinburne) is valid so as to be enforceable against the Applicant – whether the Deed is vitiated or is otherwise invalid– held that no vitiating or invalidating factor arises – held that the Deed is valid so as to be enforceable in accordance with its terms
Administrative
CLZ26 v State of Victoria (Substituted Service) [2026] FCA 1370
LENEHAN J, 21 Sep 2026
PRACTICE AND PROCEDURE – where applicant seeks orders for substituted service on second respondent – where appropriate to make orders
Commercial
Walley, in the matter of Royal National Capital Alliance Ltd (Administrators Appointed) (No 2) [2026] FCA 1383
DERRINGTON J, 21 Sep 2026
CORPORATIONS – application by liquidators for directions under s 90-15(1) of Insolvency Practice Schedule – where company acted solely as trustee for investment scheme – whether liquidators justified in not conducting public examinations, discontinuing recovery proceedings and distributing remaining proceeds – whether liquidators entitled to recover general costs, expenses and remuneration from trust property – where earlier orders made limiting recovery of amounts attributable to specific mortgage investments – whether general costs should be apportioned between mortgage investments – directions granted
Native title
Braidwood Investments (WA) Pty Ltd v State Minister for the State of Queensland [2026] FCA 1387
LENEHAN J, 18 Sep 2026
NATIVE TITLE – non-claimant application – whether the Court has power to make the negative determination sought – whether the applicant has established that native title does not exist in relation to the application area – whether it is appropriate to make the determination sought – determination made
Native title
Richards v State of South Australia (Far West Coast Sea Claim) (No 2) [2026] FCAFC 128
BURLEY, O'BRYAN AND LONGBOTTOM JJ, 18 Sep 2026
NATIVE TITLE – remittal of separate question concerning the persons holding the common or group rights comprising the native title – form of order to be made – remittal to the primary judge – whether further procedural orders should be made
Administrative
Groom v State of South Australia [2026] FCA 1384
CHARLESWORTH J, 7 Sep 2026
PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – whether the proceeding is frivolous, vexatious or an abuse of process – where subject matter of the proceeding has been litigated and decided in other proceedings – originating application summarily dismissed
Commercial
Barber v Blackmagic Design Pty Ltd (Security for Costs) [2026] FCA 1378
STEWART J, 17 Aug 2026
PRACTICE AND PROCEDURE – application for security for costs – oppression suit – where the non-resident applicant’s only domestic asset is shares in the company the subject of the oppression suit – whether that asset is sufficient to enforce any costs judgment in due course – whether the company’s joint defence with its directors and majority shareholders is a factor weighing against security being ordered
Employment
Bilal v Ampol Australia Petroleum Pty Ltd [2026] FCA 1382
CHARLESWORTH J, 18 Sep 2026
PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision – where applicant made an oral application that the presiding judge be disqualified on the ground of apprehended bias – where applicant failed to attend at a part of a hearing – application dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth)
Commercial
Australian Securities and Investments Commission v Star Investment Group Australia Pty Ltd [2026] FCA 1380
ANDERSON J, 15 Sep 2026
CORPORATIONS – interim freezing orders and travel restraint – ex parte – ongoing investigation by the Australian Securities and Investments Commission – suspected contraventions of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) in respect of unregistered property development scheme – orders necessary to protect the interests of the investors in the scheme – exercise of discretion appropriate in all the circumstances.
Administrative
Kaur v Minister for Immigration and Citizenship [2026] FCA 1379
HESPE J, 18 Sep 2026
MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) – where Administrative Appeals Tribunal (Tribunal) affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – where certain grounds raised do not assert any jurisdictional error or are in the nature of a request for merits review – whether the Tribunal or Federal Circuit Court denied the appellant procedural fairness – appeal dismissed
Administrative
Mahmoud v Duty Registrar of the Federal Court of Australia [2026] FCA 1381
HALLEY J, 15 Sep 2026
PRACTICE AND PROCEDURE – application for stay of orders – where orders dismissed application for extension of time and set timetable for hearing on question of vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where applicant has sought leave to appeal orders – where result of leave application may inform determination of s 37AO inquiry – stay granted in part – application otherwise dismissed
Administrative
Singh v Minister for Immigration and Citizenship [2026] FCA 1377
WHEELAHAN J, 17 Sep 2026
MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to cancel the appellant’s Student (Subclass 573) visa – whether the primary judge’s decision was affected by jurisdictional error on the ground that it was unreasonable or irrational – no jurisdictional error established – no error by the primary judge in dismissing the application
Intellectual property
Crescent Capital Partners Management Pty Limited v Salaam Wealth Investments Australasia Pty Ltd [2026] FCA 1375
BANKS-SMITH J, 17 Sep 2026
PRACTICE AND PROCEDURE – application for leave to appeal – where proceeding discontinued by notice filed by consent and with leave under r 26.12 of the Federal Court Rules 2011 (Cth) – where discontinuing party failed in its application that the respondents pay its costs – where applicant held liable for respondents’ costs under r 26.12(7) – where surrender or capitulation by respondents in issue – no arguable error identified sufficient to warrant a grant of leave to appeal
Commercial
Shepard (Administrators), in the matter of Edge Early Learning Holdings Pty Ltd (Administrators Appointed) [2026] FCA 1376
WHEATLEY J, 3 Sep 2026
CORPORATIONS — Application to dispense with the requirement to maintain separate administration accounts for each of the companies under Div 65 of the Insolvency Practice Schedule (Corporations) — Where one company acted as quasi-treasury for the entire corporate group — Orders sought nunc pro tunc — Orders made. CORPORATIONS — Application to form a single committee of inspection for a large group of companies under administration — Where it would be more efficient to form one committee of inspection — Single committee of inspection ordered.
Administrative
Shuvo v Minister for Immigration and Multicultural Affairs [2026] FCA 1247
SHARIFF J, 17 Sep 2026
COSTS – application for leave to discontinue appeal with no order as to costs – where appellant notified the Court of intention to discontinue appeal approximately three days before date on which appeal was listed for hearing – leave to discontinue appeal granted with no order as to costs
Commercial
Topp, in the matter of McLennan Holdings Pty Limited (In Liq) [2026] FCA 1259
SHARIFF J, 17 Sep 2026
SUPERANNUATION – interlocutory application seeking orders that Court-appointed receiver of self-managed superannuation fund (Fund) is justified in not commencing proceedings against various individuals, confirming members of Fund, preparing and lodging all outstanding returns and financial statements, rolling over or paying out remaining member balances, closing accounts held by the Fund and discharging the receivership – where members of the Fund did not wish to take over control of the Fund and wished to have their member balances rolled over or paid out – application granted
Commercial
Sava Engineering Pty Limited (In Liquidation), in the matter of WMG Holdings Co Pty Ltd v WMG Holdings Co Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2026] FCA 1260
WHEATLEY J, 2 Sep 2026
CORPORATIONS — Application under s 459A and s 447A of the Corporations Act 2001 (Cth) for the winding up of the company and appointment of liquidator — Where company entered voluntary administration after the commencement of the winding up application — Where each party proposed a different liquidator — Where company administrator sought to be appointed as liquidator — Where administrator’s report to creditors contained factual inaccuracies — Where it is the practice of the court that the plaintiff’s nominee will be appointed as liquidator — Whether there is reason to depart from the standard practice — Plaintiff’s nominee appointed as liquidator — Orders made winding up.
Commercial
Villawood Management Pty Ltd v Marlton Investments Pty Ltd [2026] FCA 1361
ANDERSON J, 17 Sep 2026
PRACTICE AND PROCEDURE – recusal applications – apprehended bias – contempt – where judge heard prior interlocutory application and made evidentiary and credibility findings which relate to or overlap with live issues in contempt applications – whether reasonable and hypothetical observer might think judge might not bring an open mind to the determination of the contempt applications – recusal applications granted.
Commercial
Allianz Australia Insurance Limited v AIG Australia Limited [2026] FCA 1357
DERRINGTON J, 17 Sep 2026
INSURANCE – double insurance – equitable contribution between insurers – whether “Difference in Conditions” (Other Insurance) clause operates to deny indemnity in respect of same liability – meaning of “Named Insured” and “Insured” – whether “Named Insured” in Difference in Conditions clause should be read as “Insured” – construction of policy schedule and definitions – application of clause permitting departure from defined meaning where clearly inapplicable – correction of obvious drafting error by construction – absurdity and commercial sensibility – no double insurance – no entitlement to equitable contribution
Commercial
Top Energy Holdings Pty Ltd v Liu (No 2) [2026] FCA 1374
GOODMAN J, 17 Sep 2026
PRACTICE AND PROCEDURE – form of orders to give effect to liability judgment – costs, including costs on an indemnity basis with respect to the unsuccessful defence of a claim of fraud and a cross-claim based upon a document held to be fraudulent
