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
Fewstone Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 104
COLLIER, NESKOVCIN AND MOORE JJ, 19 Aug 2026
CONSUMER LAW – appeal as to quantum of pecuniary penalties – admitted contraventions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) – supply of products that failed to comply with the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020 and the Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020 – products posing a high risk to safety of children – major retailer ignorant of existence of safety standards – relevant principles for an appeal from a determination of a pecuniary penalty – whether primary judge erred in failing to treat modest profit from the contravention as a significant matter – relevance of previous penalties, including agreed penalties – whether primary judge failed to have regard to cooperation – whether delay in voluntary recall – whether penalty imposed was manifestly excessive
Administrative
JRX25 v Minister for Immigration and Citizenship [2026] FCA 1170
DOWLING J, 19 Aug 2026
MIGRATION – application for judicial review of decision under s 501CA of the Migration Act 1958 (Cth) not to revoke cancellation of applicant’s visa – whether the Tribunal erred by affording “neutral weight” to the legal consequences of its decision – where Tribunal’s path of reasoning was not unintelligible or unreasonable – where Tribunal’s reasoning was sufficiently transparent – whether the Tribunal erred by refusing applicant’s request for a pseudonym – where no jurisdictional error in refusal to grant a pseudonym order – application dismissed
Administrative
AQX20 v Minister for Immigration and Citizenship [2026] FCA 1159
HILL J, 19 Aug 2026
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant Appellant a protection visa – whether a probative basis for a finding by the Tribunal – either there was a probative basis for the finding, or the finding was not a critical step in the Tribunal’s reasons – appeal dismissed
Administrative
SZTVK v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1163
MARKOVIC J, 19 Aug 2026
MIGRATION – appeal from a decision of the Federal Circuit Court and Family Court of Australia (Div 2) for judicial review of a decision of the Immigration Assessment Authority to refuse a protection visa – where grounds of review not raised before primary judge – leave to advance new grounds on appeal refused – proposed grounds of appeal without merit – appeal dismissed
Administrative
CLT19 v Minister for Immigration and Citizenship [2026] FCA 1174
LEE J, 19 Aug 2026
MIGRATION – application for extension of time to appeal – judicial review of protection visa decision – proposed new ground alleging denial of procedural fairness – ss 422B, 424A and 424AA of Migration Act 1958 (Cth) – distinction between adverse information and evaluative findings or reasoning – extension of time refused
Administrative
Singh v Minister for Immigration and Citizenship [2026] FCA 1158
O'BRYAN J, 17 Aug 2026
MIGRATION – application for leave to appeal from Federal Circuit and Family Court of Australia Division 2 – no appearance by the applicant – application lacks any merit – application dismissed
Commercial
Gadd v Piscopo (Trustee), in the matter of Kozlowski (Bankrupt) [2026] FCA 1167
CHEESEMAN J, 18 Aug 2026
BANKRUPTCY AND INSOLVENCY – application under s 109(10) of the Bankruptcy Act 1966 (Cth) – where creditor funded and indemnified trustee to conduct recovery proceeding – where recovery proceeding produced funds for bankrupt estate – where estate lacked funds to pursue recovery without creditor’s assistance – where creditor assumed significant risk – where trustee supported application – where no creditor opposed application – whether just and equitable to give indemnifying creditor an advantage over other unsecured creditors. Held: priority granted in respect of creditor’s admitted debt – costs awarded under s 43 of the Federal Court of Australia Act 1976 (Cth) – costs to be paid from the recovered fund in priority over other unsecured creditors. PRACTICE AND PROCEDURE – Duty Judge Application – application by bankrupt to adjourn or stay hearing – where circumstances of urgency not established – where proposed urgent application under r 7.01 of the Federal Court Rules 2011 (Cth) foreshadowed but not lodged for filing – where no undertaking given to commence proceeding within 14 days – where scope of relief foreshadowed outside the ambit of r 7.01 – where bankrupt sought to raise anterior questions concerning commencement and administration of bankruptcy – where determination of creditor’s priority would not determine or preclude determination of those questions in a properly constituted proceeding – where bankrupt lacked standing to oppose priority claimed by creditor. Held: application refused – trustee temporarily restrained for short period from taking steps to distribute in accordance with priority orders.
Native title
Vea Vea on behalf of the Wadja People v State of Queensland (No 2) [2026] FCA 1149
LENEHAN J, 18 Aug 2026
NATIVE TITLE – consent determination – s 87 of the Native Title Act 1993 (Cth) – appropriate to make orders – nomination of prescribed body corporate
Administrative
Majak v State of Victoria [2026] FCA 956
O'SULLIVAN J, 23 Jul 2026
PRACTICE AND PROCEDURE — applications by respondents for summary dismissal pursuant r 26.01(1) of the Federal Court Rules 2011 (Cth) and s 31A(2) of the Federal Court of Australia Act 1976 (Cth) — where applicant is an undischarged bankrupt and has no standing — where applicant raises the same or similar issues finally determined in separate proceedings before other courts — where proceedings reveal no cause of action such that the applicant has no prospect of successfully prosecuting them — where proceedings are frivolous, vexatious and/or an abuse of process — proceedings summarily dismissed
Administrative
Rehman v Minister for Immigration and Citizenship [2026] FCA 1161
LEE J, 13 Aug 2026
MIGRATION – application for extension of time to file notice of appeal – appeal from dismissal of application for judicial review – delay of 12 days – explanation for delay – absence of particular prejudice – merits of proposed appeal – failure to respond within time to invitation under s 359A of the Migration Act 1958 (Cth) – operation of ss 359B, 359C, 360 and 363A – request for extension made after prescribed period – no power to extend after expiry – no entitlement to appear before Tribunal – proposed new ground on appeal – extension of time refused
Employment
Naude v DRA Australia Pty Ltd (No 2) [2026] FCA 1157
JACKSON J, 17 Aug 2026
PRACTICE AND PROCEDURE – application for inspection of discovered documents over which legal professional privilege is claimed – communications allegedly in furtherance of illegal conduct – objective circumstances provide no reason to doubt basis articulated for privilege claim – application dismissed
