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

Trade Marks
Caesarstone Ltd v Ceramiche Caesar S.p.A. (No 2) [2018] FCA 1096
TRADE MARKS - what trade mark was in fact used by the respondent - trade marks similar - whether deceptively similar - where no actual confusion - whether applicant had continuously used its trade mark before the priority date - whether use was authorised use under the control of applicant for the purposes of ss 7 and 8 of the Trade Marks Act 1995 (Cth) - if so, whether, for the purposes of s 58A, the respondent first used the similar trade mark before the applicant first used its trade mark - whether honest concurrent use of the two trade marks or "other circumstances" for the purposes of s 44(3) - exercise of s 44(3) discretion to accept application for registration, subject to conditions or limitations - whether, for the purposes of s 59, applicant not intending to use the trade mark in Australia in relation to the goods and/or services specified in the application - application under s 88 to rectify the Register by cancelling the registration of a trade mark - whether application made by an aggrieved person - whether any of the grounds established on which the registration of the trade mark could have been opposed - whether the ground established that because of the circumstances applying at the time when the application for rectification was filed, the use of the trade mark was likely to deceive or cause confusion - whether discretion under ss 88 and 89 should be exercised against rectification
31 Jul 2018 |  ROBERTSON J


Industrial Law ; Statutory Interpretation
WorkPac Pty Ltd v Skene [2018] FCAFC 131
INDUSTRIAL LAW - National Employment Standards - entitlement to annual leave in Div 6 of Pt 2-2 of the Fair Work Act 2009 (Cth) ("FW Act") - s 86 of the FW Act which provides that Div 6 "applies to employees, other than casual employees" - meaning of casual employee in s 86 of the FW Act - whether employee's claim for annual leave excluded because the employee was a casual employee within the meaning of s 86 -whether "casual employee" has its legal meaning or an asserted specialised industrial meaning, namely, a person designated to be such an employee by the applicable industrial instrument - discussion of meaning of the term "casual employee" - discussion of whether there is a uniformly understood specialised meaning of the expression "casual employee" referable to the use of that term in industrial awards - where asserted specialised meaning would provide incomplete meaning to the expression "casual employee" because does not address "award/agreement free employees" - whether undefined single expression intended to have a dual or compound meaning - discussion of the statutory context and purpose of paid annual leave as provided for under the National Employment Standards - discussion of the historical statutory application and judicial consideration of the term "casual employee" - whether the term "casual employee" has acquired a legal meaning - discussion of the interaction between the National Employment Standards and a modern award or an enterprise agreement - consideration of the expression "long term casual employee" as defined in s 12 of the FW Act - whether employment "on a regular... basis" means constancy of work or regularity of hiring - whether regular employment is necessarily inconsistent with the characterisation of the employment as casual - discussion of the indicia of casual employment - whether indicia identified by the authorities excluded by the statutory context of Div 6 of Pt 2-2 of the FW Act - casual employment distinguishable from full-time and part-time employment - whether nature of the employment as casual employment is to be objectively assessed to take account of its real or true character - significance of the absence of an advance commitment to continuing and indefinite work to the characterisation of an employment as casual employment - whether the payment of a casual loading or employment by the hour or on an hour's notice determinative of casual employment INDUSTRIAL LAW - employee employed under transitional instrument ("Agreement") - whether employee entitled to annual leave under the Agreement - whether employee excluded from entitlement to annual leave under the Agreement because a casual employee - meaning of casual employee under the Agreement - whether by providing that the employer shall inform the employee of the status of his or her engagement the Agreement provides that a casual employee is a person designated to be such by the employer - alternatively whether casual employee intended to have its ordinary legal meaning - applicable principles for the interpretation of industrial agreements INDUSTRIAL LAW - pecuniary penalties for failure to provide entitlements to annual leave under the FW Act and under an industrial agreement - where contravention not deliberate - whether pecuniary penalty appropriate because the contravener had failed to closely consider the legality of the employment arrangements made - whether primary judge's finding that close consideration had been given was erroneous - appellate correction of sentence where a mistake as to a material fact STATUTORY INTERPRETATION - statutory interpretation of the term "casual employee" in s 86 of the FW Act - principles regarding the interpretation of an undefined term - whether an undefined single expression was intended to have a dual or compound meaning - presumption that where words have acquired a legal meaning they are read with that meaning unless a contrary intention clearly appears - presumption that the same term appearing in different parts of a statute should be given the same meaning - presumption that where the Parliament repeats words which have been judicially construed it is intended that the words bear the meaning already attributed to them - whether Parliament intended that the words "casual employee" in s 86 be used in their ordinary sense, their legal sense or a specialised non-legal or technical sense
16 Aug 2018 |  TRACEY, BROMBERG AND RANGIAH JJ


Practice and Procedure ; Discovery
Simpson v Thorn Australia Pty Ltd trading as Radio Rentals [2018] FCA 1219
PRACTICE AND PROCEDURE - application for further discovery - application for leave to administer interrogatories - consideration of principles - applications granted in part
16 Aug 2018 |  GLEESON J


Costs ; Industrial Law
Heldberg v Rand Transport (1986) Pty Ltd (No 2) [2018] FCA 1224
COSTS - whether Calderbank offer expressed to be inclusive of costs was unreasonably rejected - whether there should be an apportionment of costs based on success or failure on issues at trial - claims arise from a common substratum of facts. Held: apportionment of costs not appropriate.
10 Aug 2018 |  WHITE J


Practice and Procedure ; Administrative Law
Knowles v Australian Information Commissioner [2018] FCA 1212
PRACTICE AND PROCEDURE - application for summary dismissal - where the applicant had applied for judicial review of four decisions of the Australian Information Commissioner - where the Commissioner sought summary dismissal of the whole application - whether the application should be summarily dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) - whether the applicant has no reasonable prospect of successfully prosecuting the proceeding - whether there is a real question of contested law or fact that should be decided at trial
15 Aug 2018 |  TRACEY J


Evidence
Knowles v Secretary of the Department of Veterans' Affairs [2018] FCA 1213
PRIVILEGE - legal professional privilege - whether emails and attachments sent by a third party to a lawyer for the purpose of facilitating legal advice to a client are subject to legal professional privilege - consideration of the dominant purpose of the emails and their attachments -whether any privilege has been waived
15 Aug 2018 |  TRACEY J