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

Native Title
Pate v State of Queensland [2019] FCA 25
NATIVE TITLE - non-claimant application for a negative determination of native title under s 61(1) of the Native Title Act 1993 (Cth) (the NTA) - where the application is unopposed under s 86G of the NTA - the principles relevant to the exercise of the Court's discretion to make a negative native title determination - the nature of s 24FA protection - the difficulties associated with s 42 of the Aboriginal Land Rights Act 1983 (NSW) - whether negative native title determinations can be granted solely on the basis of satisfying the formal requirements of the NTA - the onus of the non-claimant applicant to prove, on the balance of probabilities, that native title does not exist on the relevant area of land - the importance of adducing sufficient evidence to discharge that onus
18 Jan 2019 |  REEVES J


Extradition
Rojas v United States of America [2019] FCA 22
EXTRADITION - application for review under s 21 of the Extradition Act 1988 (Cth) - whether Court satisfied that requirements of ss 19(2)(b) and 19(2)(c) established - consideration of the dual criminality requirement of s 19(2)(c) - held: application dismissed
18 Jan 2019 |  BROMWICH J


Practice and Procedure ; Corporations Law
McKenzie v Cash Converters International Ltd (No 3) [2019] FCA 10
PRACTICE AND PROCEDURE - application for disqualification of judge on the basis of apprehended bias - whether hypothetical lay observer might apprehend that a settlement approval application pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) might be determined otherwise than on its merits - disqualification application dismissed PRACTICE AND PROCEDURE - observations on appropriate procedure for raising the issue of apprehended bias
18 Jan 2019 |  LEE J


Corporations Law
Albarran (Liquidator) v Rankin, in the matter of Hartford Investments Pty Ltd (In Liq) [2018] FCA 2111
CORPORATIONS - examination - application for review of orders made by Judicial Registrar - real risk of harm to the administration of justice by publication of parts of examination transcript - application for review upheld
19 Dec 2018 |  JAGOT J


Practice and Procedure
CVN17 v Minister for Immigration and Border Protection [2019] FCA 13
PRACTICE AND PROCEDURE - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - reasonable explanation for delay - no particular prejudice to the respondent - merits of the application - where respondent did not oppose extension of time - extension of time granted MIGRATION - application for review of decision of the Administrative Appeals Tribunal not to revoke mandatory cancellation of visa by delegate under s501CA(4) of Migration Act 1958 (Cth) - whether Tribunal erred in its consideration of the best interests of minor children in Australia affected by the decision - whether Tribunal erred in taking into account the applicant's conduct as a child under the age of 10 - whether Tribunal failed to take into account a claim before it about how applicant's removal would affect the applicant's mother and stepfather's relationship and thereby contributed to his difficulties if removed from Australia - decision of the Tribunal set aside
16 Jan 2019 |  KENNY J