Latest Judgments

Judgments are generally published within 24 hours of being made available by Judges' staff, often earlier. In cases of high media interest, we endeavour to publish judgments within 1 hour of being delivered by the Court.

If you cannot find a judgment, check Federal Law Search; it will  tell you the status of the matter before the Court, including whether a judgment has been delivered.


Today's published judgments

Corporations Law
James, in the matter of Liquor National Pty Ltd (in liq) v Liquor National Pty Ltd (in liq) [2017] FCA 721
CORPORATIONS - whether deregistration of companies should be deferred pursuant to s 509(6) of Corporations Act 2001 (Cth)
21 Jun 2017 |  JAGOT J


Practice and Procedure ; Insurance
Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 (No 2) [2017] FCA 724
PRACTICE AND PROCEDURE - form of final orders - whether the applicant should have its costs paid on an indemnity basis - whether the respondents were acting unreasonably in rejecting the Calderbank offer
23 Jun 2017 |  DAVIES J


Native Title
Doctor on behalf of the Bigambul People v State of Queensland [2017] FCA 716
NATIVE TITLE - consent determination of native title - agreement of parties - s 87A of the Native Title Act 1993 (Cth)
23 Jun 2017 |  REEVES J


Corporations Law
Australian Securities and Investments Commission v Davidof [2017] FCA 658
CORPORATIONS - appeal from decision of Administrative Appeals Tribunal - whether a MINI warrant constitutes a "derivative" and hence a "financial product" in accordance with the definitions in Chapter 7 of the Corporations Act 2001 (Cth) - appeal upheld
09 Jun 2017 |  LEE J


Practice and Procedure ; Evidence
Corbett v Corbett Court Pty Ltd, in the matter of Corbett Court Pty Ltd [2017] FCA 718
PRACTICE AND PROCEDURE - application for release of the Home Office v Harman implied undertaking in relation to documents obtained under subpoenas - where release sought to enable use of the documents to defend proceedings in another court - where proceedings in another court contained allegations that were similar to allegations in these proceedings - where documents were obtained to defend similar allegations in the proceedings in this Court as those sought to be defended - where parties intend to apply for subpoenas to the same effect if application not granted - application granted
08 Jun 2017 |  GLEESON J


Evidence
Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 2) [2017] FCA 711
PRIVILEGE - legal professional privilege - whether documents prepared for the dominant purpose of obtaining or providing legal advice - whether privilege waived by reason of disclosure of legal advice in discussions with representatives of the Commonwealth concerning copyright in consumer Product Information and Consumer Medicine Information documents for PBS listing pharmaceutical products
23 Jun 2017 |  NICHOLAS J


Consumer Law
Director of Consumer Affairs Victoria v Daiso Industries (Australia) Pty Ltd (No 2) [2017] FCA 720
CONSUMER LAW - product safety of consumer goods - alleged contraventions of product safety standards - where disputed issue resolved adversely to respondent - where respondent otherwise admitted contraventions - application by the parties for the making of declarations in relation to admitted contraventions
23 Jun 2017 |  MOSHINSKY J


Practice and Procedure ; Consumer Law
Mbuzi v AGL Retail Energy Ltd [2017] FCA 719
PRACTICE AND PROCEDURE - application by respondent to amend name of respondent on interlocutory application - where incorrect party was named as a result of simple error Held: application granted
23 Jun 2017 |  REEVES J


Migration
Bui v Minister for Immigration and Border Protection [2017] FCA 714
MIGRATION - appeal from a decision of the Federal Circuit Court - whether appellant lodged application for review to Tribunal within time limit set by s 347(1)(b) of the Migration Act 1958 (Cth) - where appellant notified of the delegate's decision by notice sent to authorised recipient's email address - where filing of application with the Tribunal within the time limit a prerequisite for the Tribunal's jurisdiction - whether correspondence giving notice of change of authorised recipient's email address was dispatched under s 14 of the Electronics Transaction Act 1999 (Cth) or received under s 52(3) of the Migration Act 1958 (Cth) - where the appellant failed to produce evidence that the correspondence had been dispatched or received Held: appeal dismissed
23 Jun 2017 |  REEVES J


Administrative Law
Hope v Australian Community Pharmacy Authority [2017] FCA 669
ADMINISTRATIVE LAW - objection to new pharmacy - approval of new pharmacy location - interpretation of rules for pharmacy approval - false and misleading information provided by applicant to the Australian Community Pharmacy Authority - 'fraud' in Australian public law - fraud on the Authority - jurisdiction of Authority constructively unexercised - Authority's recommendation vitiated - application remitted
23 Jun 2017 |  KERR J


Industrial Law
Australian Building and Construction Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FCA 704
INDUSTRIAL LAW - whether threats made with the intent of coercing entry into an enterprise agreement - whether contravention of s 343(1) of the Fair Work Act 2009 (Cth)
23 Jun 2017 |  O'CALLAGHAN J