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
Fitzgerald, in the matter of Fitzgerald [2026] FCA 1154
MOSHINSKY J, 14 Aug 2026
CORPORATIONS – directors – disqualification – application by disqualified director (who was an undischarged bankrupt) for leave to manage the corporate trustee of a self-managed superannuation fund – where application not opposed – where circumstances that led to bankruptcy included unpaid taxation liabilities – where other circumstances supported the grant of the application – leave granted to manage corporate trustee
Administrative
Singh v Minister for Immigration and Multicultural Affairs [2026] FCA 1171
BENNETT J, 20 Aug 2026
MIGRATION – where refusal of Regional Employer Nomination (Class RN) (Subclass 187) visa – where employer nomination withdrawn – whether breach of procedural fairness – whether jurisdictional error – various other miscellaneous complaints – no error disclosed – appeal dismissed
Administrative
LIZ25 v Minister for Immigration and Citizenship [2026] FCA 1164
BENNETT J, 20 Aug 2026
MIGRATION s 501A – where the Assistant Minister for Immigration made a decision to exercise his discretion under s 501A to refuse to grant a visa to the Applicant – whether the effluxion of time rendered the decision unreasonable – whether the Assistant Minister reasoned illogically or unreasonably by relying on information that had not been updated – whether the Assistant Minister reasoned illogically by referring to a “trend” in offending – application dismissed
Administrative
Ritter v Savills (Aust) Pty Ltd (No 2) [2026] FCA 1169
COLVIN J, 20 Aug 2026
PRACTICE AND PROCEDURE – respondent’s application for suppression order pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) over documents on Court file – whether suppression order necessary to prevent prejudice to the proper administration of justice – where parts of claim permanently stayed – where respondent submits that some matters on file are not referable to any claim made in the proceeding – application allowed
Employment
Wijaya v Matthew Brothers Engineering Pty Ltd [2026] FCA 1165
WHEATLEY J, 10 Aug 2026
PRACTICE AND PROCEDURE — Objection to competency —Where Applicant filed incorrect form to commence appeal proceedings — Whether leave to appeal required — Whether explanation for delay was sufficient — Whether substantive case has any merit — Where Applicant made substantially the same submissions as were made before the primary judge — What is required by the interests of justice — Whether costs should be ordered under s 570(2) of the Fair Work Act 2009 (Cth) — Objection to competency upheld — Costs ordered
Administrative
DXR19 v Minister for Immigration and Citizenship [2026] FCA 1189
STEWART J, 20 Aug 2026
MIGRATION – protection visa application – refused – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellant in default of appearance at appeal hearing – appeal dismissed
Administrative
Daniel v Australian Irrigation Investments Pty Ltd [2026] FCA 1180
COLLIER J, 19 Aug 2026
HUMAN RIGHTS – application under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) – where applicant claimed victimisation pursuant to s 47A of the Sex Discrimination Act 1984 (Cth) – complaint to Australian Human Rights Commission (AHRC) – where complaint to AHRC not resolved – power of Court in respect of originating application under s 46PO(1) of the AHRC Act – alternative procedure under s 23 of the Federal Court of Australia Act 1976 (Cth) not available – where applicant sought reinstatement on full pay by way of interim relief pending resolution of complaint to AHRC – where employer alleged misconduct referable to download of confidential information by applicant – relevant considerations for Court under s 46PP AHRC Act in determining whether to grant interim relief – merits of the case – balance of convenience – maintenance of the status quo – whether Court empowered under s 46PP AHRC Act to order applicant to return confidential information to respondents – interim relief refused
Commercial
Frugtniet v Mansfield (Trustee), in the matter of Frugtniet [2026] FCAFC 105
FEUTRILL, OWENS AND WHEATLEY JJ, 20 Aug 2026
EVIDENCE – section 304 of the Duties Act 1997 (NSW) – inadmissibility of unstamped instrument – discretion to admit if transmitted to the Chief Commissioner in accordance with arrangements approved by the court – meaning of ‘transmitted’ – meaning of ‘arrangements approved by the court’ – appellant undertaking to pay duty and transmit instrument to Chief Commissioner – appellant impecunious – whether court bound to accept undertaking and admit the instrument – whether court bound to disregard likelihood of actual payment of duty – whether evidence sufficient to conclude compliance with undertaking unlikely EVIDENCE – section 304 of the Duties Act 1997 (NSW) –unstamped instrument ruled inadmissible – whether instrument subsequently stamped and admissible – whether evidence sufficient to find that the previously unstamped instrument had been ‘duly stamped’ or ‘stamped by the Chief Commissioner or in a manner approved by the Chief Commissioner’ PRACTICE AND PROCEDURE – reopening – applicable principles – interests of the proper administration of justice – finality of litigation – prejudice – – delay – public interest in expedition of bankruptcy proceedings – unstamped instrument ruled inadmissible – reopening sought to tender instrument after asserted stamping – authenticity of instrument contested – fact of stamping of instrument contested – inadequate explanation of delay stamping instrument – insufficient forensic utility of reopening without recalling witnesses – recalling witnesses otherwise necessary – in all the circumstances reopening not warranted EQUITY – resulting trusts – objective intention – presumptions – voluntary conveyance – payment of purchase money – advancement – parent and child – conveyance from parent to child – child contribution to purchase money by way of bank loans – parental contribution to purchase money by way of payment of deposits and transaction costs – parental residence in cert
Administrative
Heimdall v Secretary, Department of Social Services [2026] FCA 1176
WIGNEY J, 20 Aug 2026
SOCIAL SECURITY – application for extension of time to file an appeal – where applicant’s claim for disability support pension pursuant to s 94 of the Social Security Act 1991 (Cth) was rejected – Byzantine statutory scheme – where claim for disability support pension akin to butting head against impenetrable bureaucratic brick wall – where rejection decision affirmed by internal review, on review by the (then) Administrative Appeals Tribunal and on second review by the Administrative Review Tribunal – whether Tribunal erred in finding no evidence to support applicant’s submissions – whether any such error not material error because there was an entirely separate and independent basis for the Tribunal’s ultimate decision – application for extension of time granted – appeal dismissed – no order as to costs
Employment
Ullah v OM Security Pty Ltd [2026] FCA 1175
WIGNEY J, 20 Aug 2026
PRACTICE AND PROCEDURE – application for leave to appeal costs order made against applicant by primary judge – whether applicant’s request to have matter listed for urgent case management hearing was unreasonable pursuant to s 570(2)(b) of the Fair Work Act 2009 (Cth) – whether primary judge erred in principle in exercising discretion – application dismissed
Administrative
FPL18 v Minister for Immigration and Citizenship [2026] FCA 1188
DOWNES J, 19 Aug 2026
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellant advanced grounds not raised below – appellant advanced grounds which were abandoned below – appeal dismissed with costs
Employment
WorkPac Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (Costs) [2026] FCA 1181
YOUNAN J, 20 Aug 2026
COSTS – whether the parties enjoyed mixed success in determination of separate questions – whether one party enjoyed real practical success – whether costs order premature where leave to appeal filed – whether costs order premature where outstanding issue of liability – whether lump sum costs order appropriate – respondent awarded costs
Commercial
Lindsay v Qld Childcare Centres Pty Ltd (No 2) [2026] FCA 1162
DERRINGTON J, 20 Aug 2026
COSTS – application for appointment of statutory trustee for sale of real property in context of shareholder oppression proceedings – where respondent opposed application on the basis that property should be sold to him – where no real basis for opposition – whether appropriate to depart from general rule that costs be paid from sale proceeds – whether appropriate for costs to be taxed immediately
Other
Mkrtchyan v Stirling [2026] FCA 1166
DERRINGTON J, 20 Aug 2026
PRACTICE AND PROCEDURE – application to strike out amended statement of claim – defamation – serious harm element – causation – where applicant alleged he was the subject of an antecedent disinformation campaign – where applicant did not adequately plead pre-publication reputation, serious harm or causal connection between publications and harm – whether pleading disclosed a reasonable cause of action – pleading embarrassing and apt to cause prejudice – claim for misleading or deceptive conduct – claim for injurious falsehood – amended statement of claim struck out – leave to replead granted
Administrative
Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2026] FCA 1178
MARKOVIC J, 17 Aug 2026
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal –where applicant leaves during the hearing – where first respondent applied for order under r 35.33 of the Federal Court Rules 2011 (Cth) – application dismissed for non-appearance
Administrative
Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 3) [2026] FCA 1177
MARKOVIC J, 17 Aug 2026
PRACTICE AND PROCEDURE – recusal application – litigant in person – consideration of apprehended bias – application dismissed
Commercial
Australian Strategic Materials Limited, in the matter of Australian Strategic Materials Limited (No 3) [2026] FCA 1168
BANKS-SMITH J, 18 Aug 2026
CORPORATIONS – application to approve concurrent shareholder and optionholder schemes of arrangement under s 411(4)(b) of the Corporations Act 2001 (Cth) – Securities Act of 1933 (US) exemption – schemes approved
Administrative
Frigger (Vexatious Proceedings Order) [2026] FCA 1156
SNADEN J, 19 Aug 2026
HIGH COURT AND FEDERAL COURT – whether to make vexatious proceedings orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – question referred by full court to single judge – whether respondents have frequently instituted and/or conducted vexatious proceedings in Australian courts and tribunals – where “proceedings” encompasses interlocutory proceedings – where court may have regard to “attempts” to initiate proceedings – where respondents have been involved in a prodigious volume of litigation in federal and Western Australian courts harking back to the same transaction in 2003 – where limited survey identified over a dozen vexatious proceedings in this court alone over some five years – threshold under s 37AO(1)(a) comfortably met – whether to exercise discretion to make orders – interests of justice favour relief – form of orders – where no submissions advanced in support of orders under s 37AO(2)(a) – orders made under s 37AO(2)(b)
Commercial
AGL Retail Energy Limited v Australian Energy Regulator [2026] FCAFC 106
MARKOVIC, MCEVOY AND YOUNAN JJ, 19 Aug 2026
CONSUMER LAW – appeal from declarations of contraventions of r 31 of the National Energy Retail Rules and s 273 of the National Energy Retail Law and other orders – whether primary judge erred in construction and application of r 31 – whether necessary to assert an entitlement to payment – whether affected customers were “small customers” for the purposes of r 31 – whether primary judge erred in finding contravention of s 273(1) – proper construction of “overcharged” and “overcharging” within the meaning of r 31 – where necessary to assert an entitlement to payment of an excessive amount – where no anterior demand for payment for the supply of energy – where expedient in the interests of justice to determine grounds not raised at first instance – where meaning of “small customer” may include former customer – appeal allowed – cross-appeal dismissed – pecuniary penalty paid by the appellants to be repaid by the respondent
Intellectual property
Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103
BURLEY, MOORE AND OWENS JJ, 19 Aug 2026
COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side comparison of the copyright and impugned works – whether substantial part reproduced – proper role of layout and design and “look and feel” – whether primary judge erred by finding liability for additional damages – whether to undertake a reconsideration of copyright liability
