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
Baig v Minister for Immigration and Citizenship [2026] FCA 1197
NEEDHAM J, 5 Aug 2026
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for review of a decision of the Administrative Appeals Tribunal – where appellants did not appear – application for dismissal under r 36.75(1)(a) of the Federal Court Rules 2011 (Cth) – whether appeal arguable – Tribunal affirmed decision of a delegate of the Minister not to grant the first appellant a student visa – where Tribunal was not satisfied on the evidence available that the first appellant was a genuine temporary entrant – whether the primary judge failed to consider the criteria for genuine temporary entrants with active intellectual engagement – whether the primary judge should have found that the Tribunal denied the appellants procedural fairness by not providing them with the United Nations report it relied on in its decision – whether the primary judge erred in saying that the first appellant had not made a particular submission in his visa application or at any other time – primary judge erred in making this statement, but the error did not amount to an appellable error – the factors considered by the Tribunal weighed more on the decision-maker’s mind than the portion inadvertently mischaracterised by the primary judge – no error identified in the Tribunal’s or the primary judge’s decision – appeal dismissed
Administrative
Garnsey v Minter Ellison Services Pty Limited (Application for adjustments and accommodations) [2026] FCA 1193
SHARIFF J, 24 Aug 2026
PRACTICE AND PROCEDURE – application made by applicant for orders to be made in advance of final hearing for adjustments and accommodations to be made to ensure a fair hearing based on applicant’s medical conditions – where orders seek to regulate the manner and method of cross-examination, access to documents, scheduled breaks, evidence to be given by AVL, provision of a Communication Intermediary and support person and rulings as to assessment of applicant’s credibility in view of medical conditions – the duty of the Court to ensure a fair hearing for all parties not just one side – application accepted in part and rejected in others
Administrative
GGW18 v Minister for Immigration and Multicultural Affairs [2026] FCA 1198
BUTTON J, 24 Aug 2026
MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) – application for a protection visa – where Administrative Appeals Tribunal rejected factual claims founding application for protection visa and affirmed refusal of protection visa – where some grounds of appeal raise matters not raised before Tribunal or primary judge – whether leave should be granted to raise points not taken below – where grounds lack merit and did not clearly arise on the materials – Tribunal not required to consider case not expressly made or not clearly arising on the materials – no jurisdictional error established – appeal dismissed
Administrative
Manu v Minister for Immigration and Citizenship [2026] FCAFC 108
SNADEN, CHEESEMAN AND MCELWAINE JJ, 24 Aug 2026
MIGRATION – appeal from dismissal of application for judicial review – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where delay between decision and provision of Tribunal’s reasons – where judicial review application filed within time – where reasons received before judicial review hearing – where timetabling orders to permit applicant to file additional materials – where applicant did not do so – whether denial of procedural fairness by primary judge. MIGRATION – legal unreasonableness – hardship to appellant’s family – where relevant matters expressly considered – whether complaint concerned weight and invited impermissible merits review. Held: no error established – appeal dismissed.
Commercial
Clark v Registrar of Titles [2026] FCA 1203
COLVIN J, 20 Aug 2026
PRACTICE AND PROCEDURE – application by plaintiff to remove the second defendant as a party or restrict its involvement in proceedings – where second defendant is mortgagee over land owned by plaintiff – where plaintiff seeks injunction restraining Registrar from transferring land pursuant to mortgagee's right – application dismissed
Administrative
Commissioner of the Aged Care Quality and Safety Commission v Edwards [2026] FCA 1206
BURLEY J, 20 Aug 2026
INDUSTRIAL LAW – banning order – respondent knowingly breached – where respondent has not participated in proceedings to date – default judgment entered – declaration of contraventions made
Commercial
North Limited v Zentree Limited, in the matter of Energy Resources of Australia Ltd (Costs) [2026] FCA 1202
MARKOVIC J, 24 Aug 2026
COSTS – application approved under s 664F of the Corporations Act 2001 (Cth) – representative defendant opposed application – statutory requirement that 90% holder bear costs incurred by representative defendant in s 664F(4) of the Corporations Act – whether representative defendant acted improperly, vexatiously or otherwise unreasonably – representative defendant acted unreasonably in maintaining formal objections – costs reduced by 15%
Employment
Blade v Jones Lang LaSalle (NSW) Pty Ltd [2026] FCA 1183
HALLEY J, 21 Aug 2026
PRACTICE AND PROCEDURE – interlocutory applications by applicants to permit them to advance wrongful dismissal general protections court applications including by extensions of time pursuant to s 370(a)(ii) of Fair Work Act 2009 (Cth) (FW Act) – where proceedings filed prior to certificate issued by Fair Work Commission under s 368(3)(a) of FW Act (Certificate) – where general protections court applications not validly made pursuant to s 370(a) of FW Act – whether acceptable explanation for delay – where legal representative responsible for error in filing general protections court application on behalf of second applicant prior to issue of Certificate and delay in making application for an extension pursuant to s 370(a)(ii) of the FW Act – where legal representative responsible for error in filing general protections court application on behalf of first applicant due to use of incorrect form – where applicants not relevantly implicated in errors – discretion under s 370(a)(ii) exercised in favour of both applicants – applications allowed
Commercial
Planet Innovation Holdings Ltd, in the matter of Planet Innovation Holdings Ltd [2026] FCA 1194
BEACH J, 18 Aug 2026
CORPORATIONS — members’ scheme of arrangement — cash offer for shares in target — orders sought convening two scheme meetings — separate classes of shareholders — one class of general shareholders — separate class of shareholders who are to subscribe for shares in the ultimate holding company of the acquirer — necessity for separate scheme meetings — discussion of performance risk and completion risk — orders made convening two scheme meetings
Commercial
True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd (No 4) [2026] FCA 1200
JACKMAN J, 20 Aug 2026
PRACTICE AND PROCEDURE – application to set aside existing order dismissing proceeding – where proceeding dismissed automatically on non-payment of security for costs – where applicants’ evidence does not establish that there has been any material change of circumstances regarding ability to raise finance since proceeding dismissed – no sufficient basis to set aside order – application dismissed
Taxation
Obeid v Commissioner of Taxation (No 2) [2026] FCA 1192
KENNETT J, 20 Aug 2026
PRACTICE AND PROCEDURE – where a number of Federal Court and Administrative Review Tribunal proceedings were heard together – where the respondent applies for summary dismissal due to the applicants repeated non-compliance with timetabling orders of the Court – where the applicants effectively ignored their duty to comply with the Court’s orders and did not inform the Court they did not intend on filing submissions or preparing for the hearing – where the applicants did not provide details or objective evidence on the purported effects of ongoing proceedings in the Supreme Court of New South Wales and their alleged inability to engage counsel – whether a hearing without written opening submissions, notice of objections to evidence, notice of which affidavits were relied upon or which witnesses were required for cross-examination was a proper approach to complex taxation litigation in the light of the overarching purpose expressed in s 37M of the Federal Court of Australia Act 1976 (Cth) – whether the proceedings should be dismissed
Administrative
Lim v Assistant Minister for Citizenship, Customs, and Multicultural Affairs [2026] FCA 1179
PERRAM J, 21 Aug 2026
MIGRATION – judicial review of decision of respondent to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where the respondent was satisfied cancellation was in the national interest – where applicant’s criminal history related in large part to methamphetamine use – where applicant claimed sexual assault in juvenile detention contributed to offending – whether respondent’s misstatement of the significance of documents regarding applicant’s imprisonment history constituted taking into account an irrelevant consideration – where applicant claimed to fear relapse if removed to Malaysia – whether inconsistency in respondent’s reasoning constituted a failure to take into account a relevant consideration
Administrative
Li v Australian Information Commissioner [2026] FCA 1184
WHEELAHAN J, 21 Aug 2026
PRACTICE AND PROCEDURE — application for judicial review – where the second respondent made a decision to refuse a request to access a document under the Freedom of Information Act 1982 (Cth) on grounds that it was conditionally exempt – where the applicant initiated a process of review by the first respondent – where the second respondent made a new decision to grant access to the document prior to completion of the first respondent’s review – where the first respondent then decided not to continue its review – objection to the competency of the application as against the second respondent – whether the Court should enlarge the time for lodging the review application – the Court should not enlarge time because the application is without merit – whether the applicant is a person aggrieved – the applicant is not a person aggrieved because the second respondent’s initial decision became inoperative when it was set aside and substituted – application for summary dismissal by both respondents – whether the applicant has reasonable prospects of success – the applicant does not have reasonable prospects of establishing that the first respondent’s decision on review was unreasonable in circumstances where the reason for the review had fallen away
Administrative
BXY20 v Minister for Immigration and Citizenship [2026] FCA 1187
STEWART J, 21 Aug 2026
MIGRATION – protection visa cancelled under s 109 of the Migration Act 1958 (Cth) for providing incorrect information – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – where the appellant has three children living in Australia who have no meaningful relationship to Iran – where one child is an Australian citizen – whether the Tribunal’s decision was affected by jurisdictional error – whether the Tribunal failed to take the best interests of the children into account as a primary consideration – appeal allowed
Administrative
Boyd v State of New South Wales (Department of Education) [2026] FCA 1190
BROMWICH J, 21 Aug 2026
PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant factors for approval of settlement – claim of discrimination in provision of education – minor with disabilities – whether settlement is in the applicant’s best interests – whether confidentiality orders should be made – settlement approved
Administrative
Nawaz v Minister for Immigration and Citizenship [2026] FCA 1182
JACKSON J, 20 Aug 2026
MIGRATION – adjournment application on basis that appellants now seek Ministerial intervention – Ministerial intervention separate process unrelated to this appeal – application dismissed MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) that there was no jurisdictional error in Administrative Review Tribunal decision not to grant student visas – genuine temporary entrant criterion – no merit in grounds of appeal – application dismissed
Commercial
Holt v Mitsubishi Motors Corporation (No 2) [2026] FCA 1191
JACKMAN J, 20 Aug 2026
PRACTICE AND PROCEDURE – application to amend pleadings – where applicants have already filed evidence – where respondents’ evidence is at an advanced stage of preparation – where lack of adequate explanation for delay – where any prejudice can be ameliorated by an order for costs – where other issues raised are better determined at final hearing – leave granted – applicants ordered to pay respondents’ costs of amendment application and costs thrown away by reason of amendment
Federal crime
Staunton v Zahab (No 2) [2026] FCA 1173
BROMWICH J, 19 Aug 2026
PRACTICE AND PROCEDURE – suppression orders – whether a suppression order should be granted pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth) – control orders – suppression orders made
Commercial
Australian Securities and Investments Commission v Netwealth Investments Limited [2026] FCA 1186
MCEVOY J, 20 Aug 2026
CORPORATIONS – duty under s 912A(1)(a) of the Corporations Act 2001 (Cth) to do all things necessary to ensure that the financial services covered by a financial services licence were provided efficiently, honestly and fairly – where plaintiff alleges that the defendants contravened ss 912A(1)(a) and 912A(5A) of the Act in operating the Netwealth Superannuation Master Fund –where contraventions admitted by defendants – where proposed declarations and costs orders are agreed – where no application for pecuniary penalty – whether proposed declaratory relief and penalty are appropriate – relief granted in the form proposed
Administrative
CMU19 v Minister for Immigration and Multicultural Affairs [2026] FCA 1199
DOWNES J, 19 Aug 2026
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellants failed to file submissions and to appear – grounds of appeal lacked merit in any event – appeal dismissed with costs
