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
Gomeroi People v Attorney General of New South Wales [2017] FCA 1464
NATIVE TITLE - application under s 66B of the Native Title Act 1993 (Cth) to replace current applicant to a native title determination - whether authorisation meeting was validly convened and conducted under s 251B - whether proper notice of authorisation meeting was given - whether conduct of authorisation meeting was irregular and/or unfair - discretion under s 66B(2) to replace applicant
07 Dec 2017 |  RANGIAH J


Practice and Procedure ; Bankruptcy
Nyoni v Murphy (No 2) [2017] FCA 1479
PRACTICE AND PROCEDURE - a Registrar refused under r2.26 of the Federal Court Rules 2011 (Cth) to accept the applicant's application for filing - whether the FederalCourt has power pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) to review a decision of a Registrar under r 2.26 not to accept a document for filing.
08 Dec 2017 |  SIOPIS J


Corporations Law
Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (deregistered) [2017] FCA 1480
CORPORATIONS - application for reinstatement of registration of company pursuant to s601AH of the Corporations Act 2001 (Cth) - whether applicant is an aggrieved person within the meaning of s601AH - whether plaintiff's claim is not plainly hopeless - whether just that the company's registration be reinstated - purpose of proposed reinstatement to seek immediate winding up of company and appointment of liquidator to explore and pursue claims against former directors - whether winding up would be just and equitable within the meaning of s461(1)(k) of the Corporations Act 2001 (Cth) - application granted
08 Dec 2017 |  GLEESON J


Migration
Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200
MIGRATION - cancellation of visa on character grounds - discretionary power - decision affected by legal unreasonableness lack of evident and intelligible justification for critical step in reasoning process - decision affected by legal unreasonableness
08 Dec 2017 |  FLICK, PERRY AND CHARLESWORTH JJ


Taxation
Carr v Commissioner of Taxation [2017] FCA 1486
TAXATION - appeal from a decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where Commissioner had made default assessments of the applicant's income tax liability - where the Tribunal affirmed the Commissioner's decision to disallow the applicant's objections - whether there was no evidence or it was not open for the Tribunal to find that the Commissioner had no record of the applicant having lodged the relevant tax returns - whether the Tribunal failed to exercise jurisdiction by overlooking evidence of the applicant as to the lodgment of the tax returns - where the applicant claims not to have been aware until the hearing of the onus he faced under s167 of the Income Tax Assessment Act 1936 (Cth) in the review by the Tribunal - whether the Tribunal denied the applicant a reasonable opportunity to make his case by failing to advise the applicant that it would be a matter for him to apply for an adjournment
08 Dec 2017 |  BROMWICH J