Federal Court of Australia Judgments

• Alexiou v Australia and New Zealand Banking Group Limited [2026] FCA 1373
  INDUSTRIAL LAW – adverse action – where events occurred against backdrop of a regulatory investigation into rigging of the bank bill swap rate – where applicant had been stood down, his standing down had been reported by the press, his employment was terminated and his bonuses clawed back or forfeited – where action alleged to have been taken because applicant made complaints including whistleblowing disclosures – whether reverse onus under s 361 of the Fair Work Act 2009 (Cth) was discharged – whether s 340 of the Fair Work Act 2009 (Cth) had been contravened CORPORATIONS – whistleblower protections – banking and financial institutions – where alleged disclosures were made about the rate setting process to the respondent and the regulator – where applicant alleged that he was caused detriment because he had made disclosures – whether the whistleblower protections in Pt 9.4AAA of the Corporations Act 2001 (Cth) and/or Pt VIA Div 1 of the Banking Act 1959 (Cth) had been contravened CONTRACT – employment contract – where deferred bonuses were clawed back or forfeited on termination of employment – where contract required consideration of whether grant of bonus was not justified in light of information that had come to light after the grant – whether clawback was in breach of contract EQUITY – where dismissal and clawback of bonus purportedly for applicant’s inappropriate language in chat messages in breach of workplace policies – where alleged representation that workplace policies would not be enforced – where alleged toxic workplace culture – whether promissory estoppel established – whether waiver, unconscionability or election established DAMAGES – where applicant claimed past and future economic loss – where remuneration included performance-based incentives and grant of deferred equity – where applicant claimed non-economic loss being stress and harm to reputation EVIDENCE – rule in Jones v Dunkel – where former employees were not called by respondent – whether position of former employees clear – whether inference sought to be drawn by applicant is gap filling PRACTICE AND PROCEDURE – where whistleblower case in closing submissions was different – whether case was outside of pleaded case – whether applicant permitted to rely on whistleblower case in closing submissions
• Fair Work Ombudsman v Chambers [2026] FCA 1452
  INDUSTRIAL LAW – sham contracting – various contraventions of the Fair Work Act 2009 (Cth) alleged – where respondents directors of company – where Fair Work Ombudsman alleged company engaged cleaning workers as employees – whether company was engaging entity – applicable test for determining engaging entity following WorkPac Pty Ltd v Rossato [2021] HCA 23; 271 CLR 456, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 – where company not held to be engaging entity – application dismissed
• Triumph Metals & Minerals Australia Pty Ltd v BCC Trade Credit Pty Ltd (Security for Costs) [2026] FCA 1454
  PRACTICE AND PROCEDURE – application for increased security for costs – where the parties previously agreed the amount of security to be provided up to an identified milestone and that there be no leave to apply for additional security before that milestone – where the agreement was expressed in consent orders – where the milestone has not been reached – whether the Court should grant leave to apply for additional security – whether it is necessary in the interests of doing justice between the parties to do so
• Hubexo Australia Pty Ltd v CoreLogic Australia Pty Ltd (Costs) [2026] FCA 1443
  COSTS – costs in relation to the respondents’ interlocutory application to amend their defence and withdraw an admission – where parties agree that costs of the application and costs thrown away be payable on the indemnity basis – whether costs ought to be payable forthwith – where conduct of the party was not reasonable – that other orders in the proceeding were not payable forthwith is not to the point – order that costs be payable forthwith, save for costs to be incurred by further calling of witnesses – costs order seeks to put the applicant in as near as possible a situation where they were not prejudiced by the respondents’ conduct COSTS – costs in relation to the applicant’s interlocutory application to adduce tendency evidence – where applicant would have always had to bring application – where applicant was successful on some tendencies but not on others – where parties had reasonably equal amounts of success – order that costs be costs in the cause
• Reid (Administrator), in the matter of Pint Club Incorporated (Administrators Appointed) [2026] FCA 1451
  CORPORATIONS – application for orders pursuant to s 447A of the Corporations Act 2001 (Cth) – where deed enabled association under administration to trade – where association incurred further creditors by trading – where acquisition offer requires settlement of further creditors' debts – where orders sought take the form of providing for Part 5.3A of the Corporations Act to apply as if the original creditors and the further creditors were bound by an amended form of deed - consideration of power of original creditors to vary deed to include further creditors by creditors' meeting – consideration of court's power under s 447A(1) – held that court has power to make orders that would provide for Part 5.3A to operate as if the original creditors and further creditors were subject to an amended deed – application allowed in substance – orders made to require appropriate notice to be given for the purposes of s 445HA in respect of any material contravention of the deed in its original form
• Collie v Australian Financial Complaints Authority [2026] FCA 1425
  PRACTICE AND PROCEDURE – Application for mandatory injunction and orders in the nature of interrogatories – appeal against the decision of the Australian Financial Complaints Authority under s 1057A of the Corporations Act 2001 (Cth) – whether the Court has the power to grant the injunction sought – whether appropriate case for the grant of interrogatories – application dismissed
• True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd (No 5) [2026] FCA 1453
  COSTS – quantum of lump sum costs – where respondents’ solicitor has provided a detailed summary of costs, which are reasonable and proportionate to the work required to be undertaken in the matter – where respondents’ solicitor has significant experience in commercial litigation and has prepared the evidence in accordance with the Costs Practice Note – where no submissions or materials filed by the applicants regarding costs – costs ordered in accordance with respondents’ estimate
• Reynolds, in the matter of an application by Reynolds [2026] FCA 1447
  PRACTICE AND PROCEDURE – applications for leave to institute proceedings pursuant to r 2.27A of the Federal Court Rules 2011 (Cth) – proposed appeals from decisions to dismiss applications for judicial review – no reasonable prospects of success – applications dismissed
• Wano v Minister for Immigration and Citizenship [2026] FCA 1427
  MIGRATION – application for judicial review of decision of Administrative Review Tribunal affirming non-revocation decision – whether Tribunal failed to take into account relevant considerations – whether Tribunal failed to consider evidence concerning applicant’s participation in opioid substitution treatment program when assessing risk of reoffending – whether Tribunal failed to consider evidence concerning applicant’s Islamic faith as explanation for short period of courtship before marriage – whether realistic possibility of different outcome – application dismissed
• Coen v Attorney-General (Cth) [2026] FCA 1440
  ADMINISTRATIVE LAW – application for judicial review of parole decision – where a delegate of the respondent refused to grant the applicant parole under s 19AL(1) of the Crimes Act 1914 (Cth) – where sentencing remarks which were adverse to the applicant were brought to the delegate’s attention without notice being given to the applicant – where the delegate deleted specific references to the sentencing remarks from her reasons but retained a reference to having taken those remarks into account – whether there was a material denial of procedural fairness – whether the delegate gave adequate reasons and engaged with the material before her – whether the delegate incorrectly characterised the applicant as an “untreated sex offender” – whether the delegate correctly understood the scope of “protection of the community” in s 19AKA – whether the delegate’s decision lacked an evident and intelligible justification and therefore was legally unreasonable
• Liu v Huang [2026] FCA 1410
  PRACTICE AND PROCEDURE – reinstatement of a proceeding struck out by consent with a right of reinstatement – whether striking out terminates the proceeding – summary judgment – no reasonable prospect of successfully defending the proceeding – summary judgment entered.
• Maloney v CharterLaw Legal Pty Limited [2026] FCA 1450
  BANKRUPTCY – application to set aside bankruptcy notice – application to extend time to comply with bankruptcy notice under s 41(6A) of the Bankruptcy Act 1966 (Cth) – where bankruptcy notice is based on judgment debt that has been set aside – where act of bankruptcy occurred after application to set aside notice but before extension application – whether time for compliance with bankruptcy notice should be extended – effect of delay on exercise of the discretion in s 41(6A)
• Bilal v Ampol Limited (Recusal Application) [2026] FCA 1448
  HIGH COURT AND FEDERAL COURT – application for recusal of judge from the case management, hearing and determination of eight proceedings involving applicant – where applicant is a litigant in person – where applicant alleged reasonable apprehension of bias on the basis of conduct of judge during various case management and interlocutory hearings, and published reasons of the judge to date – application dismissed other than in relation to two proceedings
• Du Bray & Associates Limited v Du Bray and Associates Pty Ltd (In Liquidation) (No 2) [2026] FCA 1446
  PRACTICE AND PROCEDURE – whether tactical manoeuvring amounts to an abuse of process to justify summary dismissal – where evidence of forum and judge shopping – where issue was not determined in prior proceeding between related parties – held abuse of process not established. COSTS – security for costs – where applicant is a foreign corporation with no assets within the jurisdiction – staged security ordered.
• Arnautovic, in the matter of ACFS Port Logistics Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2026] FCA 1423
  CORPORATIONS – application by administrators under s 447A of the Corporations Act 2001 (Cth) for relief from personal liability arising under s 443A of the Corporations Act – order sought that the administrators are justified in causing the Company to enter into an enterprise agreement – where enterprise agreement to maintain the Company’s business as a going concern and avoid industrial action – application granted