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
Migration
Annam v Minister for Home Affairs [2019] FCA 237
06 Feb 2019 | CHARLESWORTH J
Migration
BTT16 v Minister for Home Affairs [2019] FCA 251
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming refusal of temporary protection visa applications - where oral application for adjournment made following delivery of the primary judge's ex tempore judgment - whether primary judge denied the appellants procedural fairness by declining to adjourn hearing of the originating application - whether characterisation by the IAA of extortion suffered by the appellants as not amounting to "serious harm" was illogical - whether IAA made findings of fact that were either not supported by any evidence or which overlooked material evidence
28 Feb 2019 | STEWARD J
Migration
Cherukure v Minister for Immigration and Border Protection [2019] FCA 252
26 Feb 2019 | PERRY J
Migration
ACA18 v Minister for Home Affairs [2019] FCA 241
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (IAA) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - whether primary judge failed to engage with appellant's argument - whether primary judge erred in finding that IAA had considered all relevant claims and integers thereof - whether primary judge erred in finding that IAA had correctly understood claimed sequence of events - appeal dismissed.
28 Feb 2019 | MARKOVIC J
Migration
Jahangir v Minister for Immigration and Border Protection [2019] FCA 245
MIGRATION - application for a Medical Treatment (Visitor) (Class UB) visa - application for review of delegate's decision - failure to pay prescribed fee - invalid application - whether the Tribunal erred in holding it did not have jurisdiction - Tribunal's decision was not an exercise of discretion - whether primary judge properly considered arguments put by the appellant - no apparent error in the primary judge's reasons - appeal dismissed.
27 Feb 2019 | ALLSOP CJ
Costs
Umoona Tjutagku Health Service Aboriginal Corporation v Walsh [2019] FCAFC 32
COSTS - whether award of costs unreasonable and plainly unjust - consideration of the circumstances in which the Court may depart from the ordinary rule as to costs - whether primary judge erred in not awarding indemnity costs - whether respondent acted unreasonably in refusing offers of compromise - where offers contained unenforceable terms with respect to third parties - whether rule 40.08 of the Federal Court Rules applied to reduce costs - whether the matter could have been more suitably dealt with by a lower court - where primary judge erred in exercise of discretion - observations as to the undesirability of complex costs orders requiring multiple taxations - where many competing considerations required the Court to undertake a broad evaluative judgment of what justice requires in the re-exercise of discretion - appeal allowed in part
27 Feb 2019 | WHITE, PERRY AND BANKS-SMITH JJ
Discovery ; Equity
Szymczak v Balijepall [2019] FCA 234
DISCOVERY - application for preliminary discovery under FCR 7.23 - seeking disclosure of details relating to the identity of the publisher of allegedly defamatory material
EQUITY - bill of discovery to ascertain the identity of a prospective defendant.
15 Feb 2019 | LEE J
Criminal Law
McCartney v EB (No 2) [2019] FCA 184
CRIMINAL LAW - control orders - application for confirmation of control order pursuant to s 104.14 of the Criminal Code Act 1995 (Cth) - where AFP met preconditions for confirmation of control order - where control order appropriate in circumstances - whether the obligations, prohibitions and restrictions contained in the control orders were on the balance of probabilities reasonably necessary, reasonably appropriate and adapted for their purpose - control order confirmed without variation
22 Feb 2019 | WIGNEY J
