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
Fair Work Ombudsman v Mai [2025] FCA 421
MCDONALD J, 1 May 2025
INDUSTRIAL LAW – determination of appropriate pecuniary penalties for contraventions and serious contraventions of multiple provisions of Fair Work Act 2009 (Cth) by couple running small business – where manager of business involved in contraventions – whether several obligations to pay overtime imposed by single term of award such that contraventions relating to failure to pay overtime should be treated as single contravention under s 557(1) of Fair Work Act – need for specific and general deterrence – application of totality principle
Commercial
Kraft v BPR Audit Pty Ltd [2025] FCA 422
MARKOVIC J, 1 Apr 2025
REPRESENTATIVE PROCEEDINGS – application for approval of conditional settlement and distribution of funds under that settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether conditional settlement is fair and reasonable in the interests of group members as a whole – settlement approved
Employment
Health Services Union v Asmar (No 3) [2025] FCA 423
DOWLING J, 4 Apr 2025
PRACTICE AND PROCEDURE – substituted service – whether it is “not practicable” to effect personal service pursuant to r 10.24 of the Federal Court Rules 2011 (Cth) – will the proposed method of service bring knowledge of the documents - orders for substituted service made
Administrative
Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61
BUTTON, DOWLING AND YOUNAN JJ, 1 May 2025
CONTRACTS – where appellant’s accreditation was suspended at the respondent’s hospital – whether suspension decision was in breach of alleged contract between appellant and respondent – where finding of breach of contract not supported by the primary judge’s factual findings – where Notice of Appeal did not challenge primary judge’s factual findings – appeal dismissed PRACTICE AND PROCEDURE – application for adjournment of appeal hearing and leave to amend Notice of Appeal – where adjournment would cause prejudice to respondent – where application made too late and without acceptable explanation for delay – where adjournment to accommodate amended Notice of Appeal would be wasteful of the Court’s resources – application for leave to adduce new evidence on appeal – where new documents have no bearing on the issues arising on the Notice of Appeal – application dismissed
Employment
Triple Zero Victoria v Morton-Pederson [2025] FCA 419
MCEVOY J, 30 Apr 2025
INDUSTRIAL LAW – appeal from Magistrates’ Court of Victoria – where magistrate found that certain employees covered by the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2015 and the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 were entitled to be paid a mentoring allowance in accordance with those agreements – where these employees were also paid a workplace trainer increment in accordance with the agreements – whether magistrate erred in construction the agreements – whether employees are entitled to be paid both a mentoring allowance and a workplace trainer increment – appeal allowed – magistrate erred in construction of the agreements – orders of magistrate set aside
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 rejected opinion in pre-sentence report and gave reasons for rejection – whether Minister gave weight to rejected opinion – whether reasons unreasonable because of illogicality or irrationality – jurisdictional error found – extension allowed and application upheld
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 O'SULLIVAN JJ, 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 –
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