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
Environment Centre (NT) Inc v Minister for the Environment and Water (No 2) [2026] FCA 1493
MOSHINSKY J, 9 Oct 2026
PRACTICE AND PROCEDURE – costs – where applicant sought to discontinue claim – where application for interlocutory injunction dismissed – where applicant contended that there should be no order as to costs as the further prosecution of the claim had become futile – where applicant also contended that there should be no order as to costs on the basis that the claim was brought in the public interest
Employment
Gunawardena v Boeing Aerostructures Australia Pty Ltd (No 3) [2026] FCA 1495
WHEELAHAN J, 9 Oct 2026
PRACTICE AND PROCEDURE – application to review a decision of a Registrar ordering that the applicant pay the respondent’s costs of her application for deficient discovery – where the respondent’s list of documents was verified by an affidavit sworn by the respondent’s solicitor – where the fact that discovery had been verified by affidavit was a foundation for the respondent’s claim that the applicant acted unreasonably in maintaining the deficiency application and should therefore be ordered to pay costs pursuant to s 570(2)(b) of the Fair Work Act 2009 (Cth) – where the affidavit was not made by an officer of the respondent as required by rule 20.22 of the Federal Court Rules 2011 (Cth) – non-compliance with rule 20.22 removes the basis for the costs order – costs order set aside
Administrative
Asad v Minister for Immigration and Citizenship [2026] FCA 1477
BROMWICH J, 27 Aug 2026
MIGRATION – judicial review of decision to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where applicant is member of NZYQ cohort – whether the Assistant Minister’s decision was illogical or irrational – whether the Court is satisfied that an extension of time is necessary – application dismissed with costs
Commercial
Bekier, in the matter of an application by Bekier [2026] FCA 1499
CHEESEMAN J, 9 Oct 2026
CORPORATIONS – application under s 206G(1) of the Corporations Act 2001 (Cth) for leave to manage company – company acts solely as trustee of family self-managed superannuation fund – limited risk to third parties or public – ASIC consents – leave granted subject to conditions – non-compliance with notice requirement in s 206G(2) – declaration under s 1322(4)(a) that application not invalid.
Commercial
Merhi v SURA Professional Risks Pty Ltd as Agent of Certain Underwriters at Lloyds [2026] FCA 1503
JACKMAN J, 9 Oct 2026
PRACTICE AND PROCEDURE – application to strike out certain paragraphs of defence – where defence addresses factual issue to be determined at hearing – where factual issue appears relevant to ultimate determination of claim PRACTICE AND PROCEDURE – discovery – whether discovery categories should be limited to the period ending on or about the date when the insurance policy incepted – where later documents may shed light on facts in existence before policy incepted – where no evidence as to additional work or expense – categories not disproportionate
Commercial
Marlau Nominees Pty Ltd trading as Paramount Liquor v Adobe Systems Pty Ltd [2026] FCA 1494
ANDERSON J, 6 Oct 2026
CORPORATIONS – application for urgent interlocutory injunction restraining the respondent, pending the hearing and determination of the proceeding, from in any way disrupting the access to or use of the applicant’s websites or the products and services provided by the respondent under the contract between the parties – in substance a mandatory injunction compelling the respondent to provide services it does not wish to provide after the expiration of the contract – requirement of prima facie case and balance of convenience – prima facie case established in respect of the misleading and deceptive representations alleged – injunctive relief not necessary to preserve the subject matter of the dispute – consideration of applicant’s own conduct contributing to current state of affairs – delay by the applicant in applying to the Court for injunctive relief – where applicant has already established an alternative, operative website – where relief sought can be characterised as seeking ‘belt and braces’ protection – balance of convenience weighs against the ordering of the injunction – application dismissed.
Commercial
Chambers v Hunter [2026] FCA 1502
DERRINGTON J, 30 Sep 2026
CORPORATIONS – application to set aside orders of Registrar appointing receivers and managers to trusts – where Registrar lacked power to appoint receivers – whether orders should be set aside under r 39.05 of the Federal Court Rules 2011 (Cth) – whether receivers and managers should be appointed to self-managed superannuation fund and bare trust nunc pro tunc – where all parties consent to orders sought – application granted
Commercial
Macrolend Pty Ltd v Deputy Commissioner of Taxation [2026] FCA 1501
DERRINGTON J, 25 Sep 2026
PRACTICE AND PROCEDURE – application for recusal on ground of apprehended bias – where spouse of judge made previous findings of fact with some overlap to the issues in dispute – whether logical connection between prior findings and apprehended departure from impartial decision-making – whether fair-minded lay observer might reasonably apprehend that judge would not bring an impartial mind to determination of proceedings – application dismissed
Commercial
Buttgieg v Macquarie Bank Limited [2026] FCA 1500
DERRINGTON J, 1 Oct 2026
PRACTICE AND PROCEDURE – application for leave to discontinue representative proceedings – where funding arrangement terminated – where respondents not served – where applicant not part of group represented – where risk that group membership may be insufficient – whether discontinuance would be unfair or adverse to the interests of group members – extent of proper notice – application granted
Commercial
White Oak Commercial Finance Europe (Non-Levered) Ltd v Insurance Australia Ltd (Further Security for Costs) [2026] FCA 1496
THAWLEY J, 9 Oct 2026
PRACTICE AND PROCEDURE – security for costs – applications by respondents for further security for costs – where circumstances changed due to settlement of related proceedings – where no dispute that further security for costs should be ordered – dispute about quantum and form of further security – no issue of principle – held: further security for costs ordered
Employment
Pacific National Pty Ltd v Australian Rail, Tram and Bus Industry Union [2026] FCAFC 135
RAPER, MCDONALD AND VANDONGEN JJ, 9 Oct 2026
INDUSTRIAL LAW – appeal from decision of the South Australian Employment Court – where the respondent claimed the appellant had breached s 50 of the Fair Work Act 2009 (Cth) by requiring an employee to work beyond purported maximum shift lengths as stipulated under the Pacific National Intermodal Train Crew Enterprise Agreement 2021 – whether the terms of various provisions of the Enterprise Agreement prescribed maximum shift lengths – appeal allowed
Commercial
Australia and New Zealand Banking Group Limited v Zurich Australian Insurance Limited [2026] FCA 1490
BEACH J, 9 Oct 2026
INSURANCE — indemnity insurance — excess layer policies covering inter–alia civil liability to third parties — insured paid out settlement amounts to settle two representative proceedings against it — characterisation of such claims — whether restitutionary or compensation claims — construction of excess policies — meaning of “Loss” — application of indemnification principle — meaning of “fees” — meaning of “commissions” — meaning of “or other charges” — discussion of ejusdem generis principle — discussion of the nature of interest — discussion of ambit of phrases “based on” or “arising out of” — application of exclusion — principles of interpretation — whether cover for defence costs — stipulation of separate question — question answered
Commercial
Williams v Companies Auditors Disciplinary Board [2026] FCAFC 136
COLLIER, NEEDHAM AND HILL JJ, 9 Oct 2026
CORPORATIONS – appeal from dismissal of application for judicial review of decision of Companies Auditors Disciplinary Board cancelling appellant’s registration as company auditor under s 1292(1)(d)(i) of the Corporations Act 2001 (Cth) – proper construction of duties of Engagement Partner under applicable Auditing Standards – whether Engagement Partner responsible for deficiencies in audit work performed by other members of audit team – whether Board impermissibly imposed vicarious liability – whether Board misconstrued relevant Auditing Standards – appeal dismissed. ADMINISTRATIVE LAW – judicial review – mandatory relevant considerations – whether Board failed to consider role of other auditors in audit engagement when determining sanction – whether Board failed to consider appellant’s submissions concerning responsibilities as Engagement Partner – whether jurisdictional error established. PRACTICE AND PROCEDURE – whether primary judge erred in declining to determine discretionary grounds for refusal of relief after rejecting substantive grounds of review.
Commercial
Australian Securities and Investments Commission v Hollard Insurance Partners Limited [2026] FCA 1487
BUTTON J, 9 Oct 2026
INSURANCE – agreed contravention of the Insurance Contracts Act 1984 (Cth) – single contravention constituted by combined failures in claims handling in respect of an insured couple over an extended period – principles applicable to imposition of a civil penalty – determination of appropriate penalty – appropriateness of agreed orders and declaration – declaration made and civil penalty imposed
Administrative
Morgan v Minister for Immigration and Citizenship [2026] FCA 1489
HESPE J, 9 Oct 2026
MIGRATION – application for judicial review of decision of Assistant Minister for Immigration under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Review Tribunal revoking cancellation of visa – whether the decision of the Assistant Minister was affected by legal unreasonableness – whether it was illogical for the Assistant Minister to be cautious about giving weight to the protective effect of the applicant’s relationship with his new partner that had “not yet been tested in the community” without seeking updated information – application dismissed
Administrative
Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs (No 2) [2026] FCAFC 134
MOSHINSKY, DERRINGTON AND DOWLING JJ, 9 Oct 2026
PRACTICE AND PROCEDURE – costs – costs relating to appeal and two interlocutory applications brought by the appellant – where appeal successful but two interlocutory applications dismissed
Commercial
ISGroup Pty Ltd v Mellon [2026] FCA 1482
VANDONGEN J, 8 Oct 2026
PRACTICE AND PROCEDURE - application for transfer order under ss 1337H, 1337L and 1337M of Corporations Act 2001 (Cth) - application granted - orders made for proceeding to be transferred to Supreme Court of Western Australia
Administrative
Takarua v Minister for Immigration and Citizenship (No 2) [2026] FCA 1460
LENEHAN J, 8 Oct 2026
MIGRATION – where applicant contends he was not given written notice of the non-revocation decision, as required by s 501G of the Migration Act 1958 (Cth) – where applicant seeks declarations that the Minister for Immigration and Citizenship (the Minister) failed to give written notice of the non-revocation decision – where applicant also seeks a writ of mandamus directing the Minister to comply with s 501G – where applicant did not discharge his onus of proving that there had been a relevant failure to comply with s 501G – applications dismissed MIGRATION – whether the duty to remove an unlawful non-citizen “as soon as reasonably practicable” arises before written notice of the relevant decision has been given and while the non-citizen’s right to seek, or obtain, merits review remains on foot – where the principles articulated by the High Court of Australia in Minister for Multicultural Affairs v MZAPC (2025) 99 ALJR 486 apply to the construction of s 198(2B) – where the notification requirements in s 501G are directed, amongst other things, to ensuring that an affected person is informed of, and therefore able to exercise, their merits review rights
Employment
Comcare v Administrative Review Tribunal [2026] FCA 1481
HILL J, 8 Oct 2026
JUDICIAL REVIEW – medical records produced under summons in proceedings in the Administrative Review Tribunal to review a refusal of liability under s 14 of the Safety Rehabilitation and Compensation Act 1988 (Cth) – Comcare then accepted that it was liable under s 14, and consent decision made by Tribunal – Tribunal refused joint application by Comcare and review applicant to permit summonsed documents to be used in determining future claims by the review applicant under the Act – application for judicial review – whether the usual duty of confidentiality (“Harman obligation”) is inconsistent with the SRC Act in its application to the summonsed documents – whether proposed use of summonsed documents was not “collateral” to the purpose for which those documents were produced – application dismissed
Commercial
Soar Development Group Pty Ltd v Fung [2026] FCA 1491
CHEESEMAN J, 7 Oct 2026
PRACTICE AND PROCEDURE – pleadings – application for leave to file amended originating application and amended statement of claim – proposed amendments materially developing existing claims in professional negligence and knowing assistance – proposed amendments enlarging claim for loss and damage – delay in seeking leave to amend – prejudice to respondents – overarching purpose – procedural fairness – whether prejudice capable of being addressed by costs and case management – effect of amendments on existing hearing arrangements – consequential case management orders. Held: leave granted subject to conditions – costs of application and costs thrown away payable by applicant.
