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
Thompson v Lane (No 3) [2026] FCA 766
COLLIER J, 17 Jun 2026
PRACTICE AND PROCEDURE – interlocutory application – application to set aside previous decision –substantive proceedings listed for hearing – whether duplication of relief sought – whether s 104(3) Bankruptcy Act 1966 (Cth) applicable
Employment
Kaur v Commonwealth Bank of Australia [2026] FCA 749
SNADEN J, 18 Jun 2026
PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal from a judgment of the Federal Circuit and Family Court (Division 2) (“FCFCOA”) – where FCFCOA summarily dismissed an application for relief for contraventions under pt 6-4 of the Fair Work Act 2009 (Cth) – where FCFCOA had accepted that it did not have jurisdiction to hear the application – where FCFCOA had found the application was otherwise barred by the terms of a deed of release – whether proposed appeal grounds have merit – application dismissed
Administrative
Le v Minister for Immigration and Citizenship [2026] FCA 774
LEE J, 11 Jun 2026
MIGRATION — mandatory cancellation of visa — application for revocation under s 501CA(4) of the Migration Act 1958 (Cth) — whether Administrative Review Tribunal misconstrued or misapplied Direction No 110 — legal consequences of non-revocation — detention pending removal — limited opportunity to apply for another visa — permanent exclusion from Australia — Tribunal describing consequences as significant and real but treating them as neutral because they were intended legal consequences — jurisdictional error — materiality — extension of time granted — application allowed
Commercial
EVP Opportunities Master Pty Ltd as trustee for the EVP Opportunities Master Fund v Strong Room Technology Pty Ltd (Receiver and Manager Appointed) (Administrators Appointed) (No 2) [2026] FCA 772
GOODMAN J, 10 Jun 2026
BANKRUPTCY AND INSOLVENCY – application for leave to proceed against bankrupt seventh defendant pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) – allegations that the seventh defendant was involved, with others, in the provision of false and misleading information to the plaintiff, as a potential investor in a company of which the seventh defendant was a co-founder – complex claim, with multiple parties and defences including a proportionate liability defence – leave granted DISCOVERY – discovery by categories – dispute as to whether the seventh defendant should provide discovery of documents outside of his control resolved by form of orders requiring the seventh defendant to discover only documents within his control
Administrative
DBKX v Minister for Immigration and Multicultural Affairs [2026] FCAFC 85
O'CALLAGHAN, GOODMAN AND STELLIOS JJ, 18 Jun 2026
MIGRATION – appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed a decision of a delegate of the Minister to refuse to grant the appellant a protection visa – whether primary judge erred in failing to find that the Tribunal fell into jurisdictional error by not considering, or making further inquiries into, the appellant’s accommodation and treatment options if granted a protection visa – whether primary judge erred in failing to find that the Tribunal’s decision was legally unreasonable for the same reason – appeal dismissed
Taxation
Tax Practitioners Board v Auz Tax Pty Ltd [2026] FCA 751
HORAN J, 17 Jun 2026
ADMINISTRATIVE LAW – registered tax agents – appeal from decision of Administrative Review Tribunal setting aside decision to terminate respondents’ registration – where respondents contravened Code of Professional Conduct – where Tribunal found that second respondent was a fit and proper person – where first respondent did not have sufficient number of registered tax agents to provide tax agent services to a competent standard and to carry out supervisory arrangements – where first respondent ceased to meet tax practitioner registration requirements – whether Tribunal erred by ordering respondents to take corrective action instead of terminating registration – whether legally open to find that second respondent was fit and proper person – whether Tribunal erred by taking into account effect of suspension or termination of registration on clients of first respondent – whether respondents failed to act lawfully in the best interests of their clients – whether Tribunal’s decision was unreasonable, irrational or illogical – no error established in Tribunal’s reasons – appeal dismissed.
Commercial
White Oak Commercial Finance Europe (Non-Levered) Ltd v Insurance Australia Ltd (Without Prejudice Privilege) [2026] FCA 769
THAWLEY J, 17 Jun 2026
PRACTICE AND PROCEDURE – discovery – application that the applicant (White Oak) produce for inspection copies of WhatsApp messages and a draft term sheet – where White Oak contended that the documents were not relevant and were subject to without prejudice privilege – where two documents were dated August 2020, prior to White Oak’s investments in the receivables the subject matter of the proceeding – where those two documents were relevant to White Oak’s knowledge, reliance, proportionate liability and contributory negligence – where the remaining documents were not relevant PRACTICE AND PROCEDURE – without prejudice privilege – where the two relevant documents were broadly directed to the resolution of a dispute – where the two documents did contain any admissions or concessions – where the two documents did not constitute negotiations – held: White Oak required to produce for inspection the two relevant documents
Commercial
Cai v DC Rd DC Pty Ltd [2026] FCA 763
NESKOVCIN J, 17 Jun 2026
PRACTICE AND PROCEDURE – Applications for stay of judgment orders and judicial sale orders pending appeals in three related proceedings – whether stays are in the interests of justice – finding that stays are necessary in two of the proceedings to avoid the potential for irreparable prejudice – finding that a stay of the judicial sale orders in the third proceeding is not necessary because appellants already intended to sell the property – stay applications granted in two proceedings, but stay application not granted in third proceeding PRACTICE AND PROCEDURE – Applications for variation of freezing orders – whether to vary freezing orders to allow appellants to fund the appeal proceedings – whether to vary freezing orders to reflect appellant’s maximum liability under the judgment orders – variation of freezing orders to increase legal costs cap granted – variation to freezing orders to reflect maximum liability not granted PRACTICE AND PROCEDURE – Applications for security for costs – finding that security for costs will not stultify appeals in view of the orders made granting stays and variations of freezing orders – applications granted
Commercial
Natch v Stennson Pty Ltd, in the matter of Natch (Set Aside Application) [2026] FCA 754
BUTTON J, 17 Jun 2026
BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice – where applicant relies on asserted appeals, parallel proceedings and alleged set-off – whether judgment debt remains final notwithstanding asserted appeals and parallel proceedings – whether equitable set-off or “counter-claim, set-off or cross demand” established pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – whether proceeding should be stayed pending determination of asserted claims – alleged abuse of process – application dismissed PRACTICE AND PROCEDURE – application for leave to rely on amended application filed without leave – breach of Registrar’s orders – leave granted PRACTICE AND PROCEDURE – interlocutory application seeking permanent stay – alleged abuse of process – whether bankruptcy notice issued for collateral purpose – no abuse established – application dismissed
Commercial
Toro Energy Limited, in the matter of Toro Energy Limited (No 2) [2026] FCA 752
VANDONGEN J, 16 May 2026
CORPORATIONS - scheme of arrangement - second court hearing for scheme - application for orders under s 411 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour of making orders sought - orders made
Commercial
Australian Securities and Investments Commission v Bekier (Penalty Judgment) [2026] FCA 756
LEE J, 17 Jun 2026
CORPORATIONS – civil penalty proceedings against eleven members of the executive team and board of Star Entertainment Group Limited (Star) in respect of dealings with junkets and principal banker – where directors and officers of Star contravened s 180(1) of the Corporations Act 2001 (Cth) CORPORATIONS – where Australian Securities and Investments Commission (ASIC) sought imposition of pecuniary penalties and disqualification orders against first and second defendant in respect of contraventions of s 180(1) of the Corporations Act 2001 (Cth) CORPORATIONS – survey of principles concerning civil penalties and disqualification orders – absence of evidence bearing upon financial burden of proceedings – lack of contrition and developed insight into contraventions – contravener not penalised for disputing liability or seeking to exercise rights of appeal – consideration of overlapping contraventions as a result of pleaded case – consideration and application of parity principles – general and specific deterrence warrant disqualification and pecuniary penalty orders
Commercial
Atkinson v Jeffery, in the matter of Atkinson (No 2) [2026] FCA 759
MARKOVIC J, 17 Jun 2026
COSTS – application for costs to be assessed on a lump sum basis and for some costs to be assessed notionally on an indemnity basis – application allowed
Administrative
Du v Minister for Immigration and Citizenship [2026] FCA 758
MARKOVIC J, 17 Jun 2026
MIGRATION – where the Administrative Review Tribunal dismissed the applicant’s application for review for want of jurisdiction – where applicant failed to lodge his application for review within the nine day period prescribed by s 500(6B) of the Migration Act 1958 (Cth) – whether the applicant was served with two copies of the documents as required by s 501G(2) of the Migration Act MIGRATION – where the first respondent’s notice failed to comply with s 501G(1)(f)(ii) of the Migration Act because it incorrectly stated the time by which the applicant could apply to the Tribunal – where the last day to lodge an application for review fell on a Saturday analogous to the facts in BHHR v Minister for Immigration and Citizenship (No 2) [2026] FCA 250 – whether the first respondent, by reason of s 494E of the Migration Act, is taken to comply with the “content requirements” of s 501G(1)(f)(ii) of the Migration Act – application dismissed
Administrative
Korat v Minister for Immigration and Citizenship [2026] FCA 755
LEE J, 17 Jun 2026
ADMINISTRATIVE LAW – judicial review – jurisdictional error – Migration Act 1958 (Cth) s 501CA(4) – refusal to revoke mandatory visa cancellation – character test – “another reason” – consideration of relevant matters – no error established MIGRATION – visa cancellation – mandatory cancellation – revocation application under s 501CA(4) – character test – whether another reason to revoke – application dismissed
Commercial
Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2026] FCA 757
BURLEY J, 17 Jun 2026
PRACTICE AND PROCEDURE – where costs quantum proceedings referred to docket judge – where costs respondent seeks production of documents by costs applicant – production of source material verifying costs and disbursements claimed in costs summary affidavit – [4.12] of the Costs Practice Note (GPN-COSTS) – delay between ordering costs assessment and filing of costs summary affidavit – production of communications relevant to delay
Commercial
Australian Securities and Investments Commission v BSF Solutions Pty Ltd (Costs) [2026] FCA 686
JACKMAN J, 16 Jun 2026
COSTS – whether there should be a separation of liability for costs between respondents – where contraventions the subject of the proceedings were a consequence of joint operations of all respondents – where contraventions were interrelated – where respondents did not conduct separate and distinct defences – held respondents should be jointly and severally liable COSTS – whether costs of penalty hearing should be reduced by 50% or some other amount to reflect that penalties awarded were lower than sought by applicant – where no evidence that costs were greater than they would have been if applicants had sought lower penalty – where penalty hearing was conducted efficiently by both parties – held no reduction in costs appropriate
Administrative
Mansell v Australian Healthcare and Hospitals Association Limited (in liq) [2026] FCA 760
PERRY J, 16 Jun 2026
BANKRUPTCY AND INSOLVENCY – application for leave to proceed against a company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) – relevant principles – company insured in relation to the claim brought – application allowed
Commercial
Shire of Goomalling v State of Western Australia [2026] FCA 762
BANKS-SMITH J, 16 Jun 2026
BANKRUPTCY – where trustee disclaimed interest in real property – application by Shire for property to vest in order to facilitate power of sale – orders made
Commercial
Freeman, in the matter of Rex Airlines Pty Ltd (in liq) (No 8) [2026] FCA 753
STEWART J, 16 Jun 2026
CORPORATIONS – application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of extension to consignment agreement – where consignment agreement originally entered into when company was in administration – where agreement involves sale of remaining assets – where termination of agreement would incur further costs and materially prejudice prospects of achieving the best available realisation of the remaining assets – whether approval is in the best interests of creditors PRACTICE AND PROCEDURE – removal of certain companies as plaintiffs in the proceeding where those companies are no longer in external administration – removal of liquidator upon retirement
Intellectual property
Mobile Skips (Australia) Pty Ltd v Registrar of Trade Marks [2026] FCA 744
HESPE J, 16 Jun 2026
TRADE MARKS – appeal under s 35 of the Trade Marks Act 1995 (Cth) from decision of delegate of Registrar of Trade Marks refusing registration of plain word mark “MOBILE SKIPS” – plain word mark rejected under s 41 of the Trade Marks Act – whether mark not to any extent inherently adapted to distinguish designated services of the applicant – ordinary signification of “MOBILE SKIPS” to Australian consumers or traders – whether mark descriptive of services involving trailerable skip bins – whether honest traders might legitimately desire to use the words in connection with similar services – relevance of disclaimer sought under s 74 of the Trade Marks Act – whether plain word mark acquired distinctiveness through use
