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
Director, Professional Services Review v Yoong (No 2) [2025] FCAFC 106
O'BRYAN, ROFE AND HORAN JJ, 8 Aug 2025
PRACTICE AND PROCEDURE – application for stay of judgment orders pending appeal – relevant considerations – whether stay should operate retroactively from date of judgment orders – failure to seek stay at the time of judgment due to the inadvertence of legal advisors
Intellectual property
Fanca Technologies Pty Ltd v CFH Airtechnic Australia Pty Ltd [2025] FCA 953
PERRAM J, 15 Aug 2025
PRACTICE AND PROCEDURE – where the applicants applied for leave to file an amended originating application and statement of claim which re-defines some of the impugned products and alleges additional claims of infringement – where respondents submit that the infringed products are defined to include ‘hypothetical’ products – where the respondents submit that the particulars to the applications’ alternative cases of direct infringement and indirect infringement in the form of authorised infringement, infringement as joint tortfeasors, and infringement under s 117 of the Patents Act 1990 (Cth) are so indefinite that the respondents are not fairly on notice of the case against them – whether the impugned products are adequately pleaded – whether the pleadings are adequately pleaded so as to raise a triable issue of fact
Administrative
SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 954
PERRAM J, 15 Aug 2025
MIGRATION – application for judicial review of a decision made by the respondent under s 501BA of the Migration Act 1958 (Cth) – where the respondent cancelled the applicant’s visa having been satisfied that the applicant did not pass the character test and it was in the national interest to do so – where the respondent placed significant weight on the protection of the Australian community and the expectations of the Australian community – where the applicant would remain in the Australian community following cancellation of his visa because of the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 – whether the respondent’s exercise of the power in s 501BA was illogical, irrational or legally unreasonable
Commercial
Clifford Hallam Healthcare Pty Ltd v IPG Rockhampton [2025] FCA 960
NESKOVCIN J, 1 Aug 2025
BANKRUPTCY AND INSOLVENCY – application under s 588FM of the Corporations Act 2001 (Cth) to extend time for registration of security interests on the Personal Property Securities Register – security interests not registered due to inadvertence – extension of time granted
Taxation
Carbery v Fire Rescue Victoria [2025] FCA 948
MCELWAINE J, 14 Aug 2025
TAXATION – calculation of Reportable Fringe Benefit Amounts – applicant claims declaratory relief that employer incorrectly calculated and reported employee fringe benefits on reimbursed insurance premiums PRACTICE AND PROCEDURE – respondent applies to dismiss proceeding for want of justiciable controversy – whether there is a justiciable controversy and therefore a matter within federal jurisdiction where respondent contends after commencement of the proceeding that its interests align with those of applicant – whether the requirement that there be a contradictor is met – held justiciable controversy is identifiable from the whole history of conduct between the parties – change of position by the respondent does not extinguish the controversy – respondent’s application dismissed
Commercial
Mansfield, in the matter of Palladium Investments International Pty Ltd (in liquidation) [2025] FCA 969
CHEESEMAN J, 14 Aug 2025
CORPORATIONS – application for approval of entry into a second deed of variation of a settlement deed pursuant to section 477(2B) of the Corporations Act 2001 (Cth) – where application is brought in capacity as a liquidator, receiver and manager of trust property and trustee of a bankrupt estate – where settlement deed has already been varied once – where deed of variation which gives rise to obligations over a period of more than three months – whether plaintiffs were justified and acting reasonably in entering into the second variation deed – Held: orders made PRACTICE AND PROCEDURE – confidentiality orders sought in respect of a confidential affidavit and the accompanying confidential exhibit supporting the application – whether orders necessary to prevent prejudice to the proper administration of justice – Held: confidentiality orders made
Commercial
Frigger v Banning (No 2) [2025] FCA 955
MCDONALD J, 14 Aug 2025
COSTS – applicants ordered to provide security for costs for respondents’ costs of application for leave to appeal – applicants failed to provide security for costs – respondents seek order dismissing application for leave to appeal with costs pursuant to s 56(4) of Federal Court of Australia Act 1976 (Cth) – applicants seek leave to withdraw application with no order as to costs – whether Court should depart from usual position that applicant who withdraws application for leave to appeal must pay respondents’ costs – application for leave to appeal dismissed with costs
Employment
Retail and Fast Food Workers’ Union Inc v Woolworths Group Ltd [2025] FCAFC 105
WHEELAHAN, SNADEN AND DOWLING JJ, 14 Aug 2025
INDUSTRIAL LAW – application for judicial review of a decision of the Fair Work Commission – enterprise agreements – Full Bench of Fair Work Commission approved single enterprise agreement known as the Woolworths Australian Food Group Agreement 2024 – whether approval decision affected by jurisdictional error – grounds for review including legal unreasonableness and inadequate reasons affecting Fair Work Commission’s conclusions that agreement was genuinely agreed to and passed better off overall test – whether applicant demonstrated that Fair Work Commission’s conclusions not reasonably supportable on the material before it – whether any inadequacy of reasons giving rise to jurisdictional error – no jurisdictional error arising from legal unreasonableness or content of reasons – alleged failure by Fair Work Commission to afford procedural fairness with respect to timetabling of proceeding – whether applicant afforded reasonable opportunity to present its case – materiality of any deficiency in opportunity afforded – no procedural fairness deficiencies sounding as jurisdictional error – application dismissed
Administrative
Nunez v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 964
WIGNEY J, 14 Aug 2025
MIGRATION – applicant’s visa cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation pursuant to s 501CA(4) of the Migration Act – application for judicial review of a decision of the Administrative Appeals Tribunal pursuant to s 476A of the Migration Act – whether the Tribunal misunderstood the applicable law and acted on that alleged misunderstanding – basis of contention is no more than a “verbal slip” and does not warrant interference or any error of law by the Tribunal – applicant sought to impugn the essential facts underlying his conviction – discussion of principles relevant to materiality – possibility of a different decision is fanciful – no jurisdictional error found – application dismissed
Administrative
Mamaku v Minister for Immigration and Multicultural Affairs [2025] FCA 963
WIGNEY J, 14 Aug 2025
MIGRATION – applicant’s visa cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation pursuant to s 501CA(4) of the Migration Act – application for judicial review of a decision of the Administrative Review Tribunal pursuant to s 499 of the Migration Act – whether the Tribunal failed to comply with Direction 110 of the Migration Act – whether the Tribunal ignored, overlooked or misunderstood relevant facts, materials or substantial and clearly articulated argument – consideration of comparable health and welfare services in New Zealand – application dismissed
Administrative
KFTJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 958
WIGNEY J, 14 Aug 2025
MIGRATION – applicant engages Australia’s non-refoulment obligations – where applicant’s visa was mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where delegate of the Minister declined to revoke the cancellation – Administrative Appeals Tribunal revoked the cancellation – Minister set aside Tribunal’s decision and cancelled visa pursuant to s 501BA of the Migration Act – applicant seeks judicial review – statutory precondition vitiated by legal unreasonableness – decision found to be beyond jurisdiction – failure to have regard to consideration that is required for the exercise of discretion – decision found to involve jurisdictional error – Minister’s decision set aside MIGRATION – legal unreasonableness or irrationality in forming the requisite state of satisfaction concerning the national interest – where no real prospect of removal from Australia nor detainment in immigration detention – consideration of the consequences of NZYQ – where applicant would continue to reside in the community – Australian community expectations regarding non-citizen serious offences – whether Minister must consider legal consequences of a decision at the stage of discretion or satisfaction of national interest grounds – no indication that cancellation would fulfil the protection of the community – discussion of the threshold for irrationality or illogicality in the context of legal unreasonableness – state of satisfaction regarding national interest founded on illogical, irrational or unreasonable reasoning – cancellation decision beyond jurisdiction MIGRATION – Minister required to take into account direct and immediate legal or statutory consequences of visa cancellation – discussion of the grant of a Bridging R visa and the effect of various stringent conditions – Minister’s referred question of granting a Bridging R visa to a delegate – Minister aware of inevitable consequences of cancellation – failure to
Administrative
Smith v Minister for Immigration and Multicultural Affairs [2025] FCA 952
WIGNEY J, 14 Aug 2025
MIGRATION – application for review of a migration decision – where applicant’s visa was cancelled by a delegate of the Minister pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where applicant had a substantial criminal record as defined in s 501(7)(c) of the Migration Act 1958 (Cth) and accordingly did not meet the character test in s 501(6)(a) – where applicant made representations to the Minister regarding revocation of the visa cancellation – where a delegate of the Minister refused to revoke the visa cancellation – where applicant was successful in review application before the Administrative Appeals Tribunal for revocation of visa cancellation – where Minister exercised discretion under s 501BA(2) of the Migration Act 1958 (Cth) to cancel applicant’s visa on the basis of national interest – application to the Federal Court of Australia pursuant to s 476A of the Migration Act 1958 (Cth) seeking judicial review of Minister’s decision – whether Minister’s decision to cancel visa was infected by jurisdictional error – whether Minister’s decision was legally unreasonable – relevant principles in relation to legal unreasonableness – where Minister’s decision was found to not be legally unreasonable or infected by jurisdictional error – application dismissed
Commercial
Australian Securities and Investments Commission v National Australia Bank [2025] FCA 947
NESKOVCIN J, 13 Aug 2025
BANKING AND FINANCIAL INSTITUTIONS – alleged contraventions of s 72(4) of the National Credit Code, being Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth) – failure to provide a written response to hardship notices given by customers within the statutory timeframe under s 72(5) of the Code – admitted contraventions – where parties jointly proposed agreed declarations of contravention, a pecuniary penalty and adverse publicity notice – whether penalty appropriate – respondents ordered to pay a pecuniary penalty of $15.5 million
Administrative
BSQ17 v Minister for Immigration and Citizenship [2025] FCA 943
HILL J, 14 Aug 2025
MIGRATION – appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to review a decision of former Administrative Appeals Tribunal – protection visa – delegate and Tribunal found that Appellant’s protection claims were not credible – where the applicant was self-represented in the Tribunal and before the primary judge –grounds of appeal do not raise any arguable error by primary judge or jurisdictional error by Tribunal – no other self-evident error in decision of the primary judge or of the Tribunal – application dismissed
Employment
Cropper v Energy Action (Australia) Pty Ltd (No 3) [2025] FCA 950
SNADEN J, 14 Aug 2025
INDUSTRIAL LAW – application for statutory compensation and damages – underpayment of statutory entitlements – quantum of loss arising from breach of contract – where liability established by previous judgment – where quantum partly determined – where parties agree with court’s assessment of loss arising from failure to provide public holiday pay – calculation of damages for failure to provide reasonable notice of dismissal – value of reasonable notice where employee’s hours and pay not fixed – whether to offset amounts paid on termination of employment – whether to award interest and amount of same – significance of delay in bringing claim – compensation, damages and interest awarded
Commercial
Thompson v Lane (No 2) [2025] FCA 951
VANDONGEN J, 13 Aug 2025
PRACTICE AND PROCEDURE - application for extension of time within which to seek leave to appeal - whether proposed grounds of appeal have reasonable prospects of success - whether substantial injustice would result if leave refused - application dismissed with costs
Administrative
McGinn v Australian Information Commissioner [2025] FCA 962
NEEDHAM J, 7 Aug 2025
PRACTICE AND PROCEDURE – application for stay of orders made by primary judge in different proceedings with a different respondent – orders set a timetable for the applicant to make submissions on she should be made subject to a vexatious proceedings order – whether vexatious proceedings order hearing would render appeal nugatory – stay not granted
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