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
Representative Proceedings
Alford v AMP Superannuation Limited [2024] FCA 332
REPRESENTATIVE PROCEEDINGS - Application for approval to discontinue a representative proceeding - principles relevant to approval of discontinuance - whether not unfair, unreasonable or adverse to the interests of group members as a whole - discontinuance approved
04 Apr 2024 | ANDERSON J
Practice and Procedure ; Corporations Law
L'Aqua Property Investments Pty Ltd v PCS Finance Pty Ltd [2024] FCA 440
PRACTICE AND PROCEDURE - application for substitution of party under r 9.09 of the Federal Court Rules 2011 (Cth) - where application was not brought by a "party or person" contemplated in r 9.09(2) - power to make an order for substitution - substitution order made
16 Apr 2024 | DERRINGTON J
Insurance
Commens t/as Subsonic Music v Certain Lloyd's Underwriters subscribing to Policy No ALTCNX1900332 (Trial Judgment) [2024] FCA 434
INSURANCE - separate questions on liability - where insured's music festival cancelled - whether cancellation was necessary and sole and direct result of cause not otherwise excluded - where insured suggested cancellation was because of bushfires - where no objective inability to commence festival - where real reason for cancellation was onerous and late imposition of conditions by council - insurer not liable
29 Apr 2024 | JACKMAN J
Practice and Procedure ; Administrative Law
Kyle-Sailor v Heinke [2024] FCA 431
PRACTICE AND PROCEDURE - representative proceeding - notice of settlement pursuant to s 33X of the Federal Court of Australia Act 1976 (Cth) - interlocutory application seeking non-publication order in respect of quantum of settlement sum - where parties agree that the quantum of the settlement sum should remain confidential -group members to be informed orally of settlement sum - whether non-publication order is necessary to prevent prejudice to the proper administration of justice and/or to protect the safety of any person - application dismissed
29 Apr 2024 | HORAN J
Costs ; Administrative Law
Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action (No 2) [2024] FCA 430
COSTS - dismissal of proceedings under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - whether appropriate to depart from usual rule that costs follow the event - where applicant seeks proportional reduction of respondent's costs to account for unsuccessful defences - whether appropriate to make "issues based" costs order - where no reason to reduce respondent's costs - held that costs should follow the event
29 Apr 2024 | HORAN J
Corporations Law
Australian Securities and Investments Commission v Macquarie Bank Limited [2024] FCA 416
CORPORATIONS - provision of financial services - regulatory proceedings - where defendant holds an Australian financial services licence - whether financial services provider ensured that the financial services covered by the licence were provided "efficiently, honestly and fairly" - lack of adequate systems to prevent or detect fraudulent transactions by third parties in respect of client cash management accounts - admitted contravention of s 912A of the Corporations Act 2001 (Cth) - declaration of contravention - agreed penalty - consideration of whether agreed penalty appropriate
19 Apr 2024 | WIGNEY J
Taxation
Satterley Property Group Pty Ltd v Federal Commissioner of Taxation [2024] FCA 421
TAXATION -- two appeals under s 14ZZ of the Taxation Administration Act 1953 (Cth) -- where applicant lodged two objections to its income tax assessment for the 2020 income year and where the respondent did not allow the objections -- whether pursuant to s 8-1(1) or, in the alternative, s 40-880 of the Income Tax Assessment Act 1997 (Cth) the applicant may deduct Top-Up Payments which it paid to investors -- whether the Top-Up Payments are on capital account or revenue account -- whether the Top-Up Payments formed part of the consideration paid by the applicant for shares -- consideration of the share sale agreement -- whether extrinsic evidence may be considered to resolve alleged ambiguity in a contract -- consideration of the applicant's business model -- whether the Top-Up Payments were made for the sole purpose of preserving goodwill
26 Apr 2024 | BESANKO J
