Browse Federal Court Judgments

Practice and Procedure
McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 699
PRACTICE AND PROCEDURE – application for issue of arrest warrant – where summons was issued requiring attendance at examination – where examinee failed to attend examination – whether arrest warrant ought to be issued pursuant to r 11.10 of the Federal Court (Corporations) Rules 2000 (Cth)
KENNETT J - 27 Jun 2025

Costs
AxiCorp Financial Services Pty Ltd v CABC (No 2) [2025] FCA 698
COSTS — application for costs under s 570 of the Fair Work Act 2009 (Cth) — whether respondent engaged in unreasonable act or omission by not giving undertaking over alleged confidential information — where applicant sought injunction and suppression orders to prevent disclosure of alleged confidential information — where applicant sought costs on indemnity basis — HELD: costs awarded to applicant on indemnity basis
BROMWICH J - 27 Jun 2025

Representative Proceedings
B3S2 Pty Ltd as Trustee for the B & S D'Avoine Enduring Family Superannuation Fund v Australian Public Custodian Limited (in liq) (No 2) [2025] FCA 719
REPRESENTATIVE PROCEEDINGS – approval of settlement – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval of settlement of proceeding on terms of Deed of Settlement and for approval of proposed Settlement Distribution Scheme – whether proposed settlement is fair and reasonable having regard to interests of class members – where solicitors acting on a speculative basis – whether proposed deductions from the settlement sum are fair and reasonable – consideration of solicitors’ costs to be recovered – settlement approved PRACTICE AND PROCEDURE – application under s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) for orders that written submissions and certain documents exhibited to affidavit material filed by the applicant be treated as confidential and not be published until further order on the grounds that orders are necessary to prevent prejudice to the proper administration of justice – where documents contain personal information and contents of legally privileged advice on prospects – orders made
SARAH C DERRINGTON J - 19 Jun 2025

Workers Compensation
Linfox Australia Pty Ltd v Warusawithana [2025] FCA 717
WORKERS COMPENSATION – appeal from decision of Administrative Review Tribunal – compensation in respect of medical expenses and incapacity benefits under ss 16 and 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) – where Tribunal reviewed employer’s decision that no present liability to pay compensation in respect of respondent’s injury as at date of determination – where Tribunal substituted decision under s 105 of the Administrative Review Tribunal Act 2024 (Cth) that respondent be paid compensation “to the present and continuing” – whether Tribunal failed to make necessary findings for decisions under ss 16 and 19 of the SRC Act – orders proposed by consent setting aside Tribunal’s decision and remitting the matter to be decided again according to law – whether consent orders are within power and appropriate – appeal allowed by consent
HORAN J - 30 Jun 2025

Migration
DDK18 v Minister for Immigration and Citizenship [2025] FCA 712
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of decision of the Administrative Appeals Tribunal – whether primary judge denied appellant procedural fairness and/or made incorrect assessment of materiality in drawing conclusion inconsistent with concession made by the respondent Minister – whether primary judge erred in not recognising jurisdictional error in Tribunal’s failure to take account of evidence in respect of appellant’s relationship with former partner – whether primary judge erred in failing to conclude Tribunal made jurisdictional error in requiring appellant to provide corroborating documentary evidence – appeal dismissed.
SNADEN J - 30 Jun 2025

Migration
Stamekovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 707
MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal – Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) – Tribunal bound by a direction issued under s 499 of the Migration Act 1958 (Cth) to consider the best interests of minor children in Australia – Whether Tribunal failed to make findings in the best interests of the child – Whether Tribunal failed to make findings for each individual child – Whether Tribunal failed to consider substantial, clearly articulated claim – Whether Tribunal failed to give proper, genuine and/or realistic consideration – Whether denial of procedural fairness
MEAGHER J - 30 Jun 2025

Trade Marks
National Cancer Foundation v Registrar of Trade Marks [2025] FCA 711
TRADE MARKS – appeal from decision of Registrar of Trade Marks to revoke registration of a trade mark – whether requirements in s 84A of the Trade Marks Act 1995 (Cth) (Act) are met – whether there is a basis to be satisfied that the mark should not have been registered – whether mark is deceptively similar to prior registered marks pursuant to s 44 of the Act – whether revocation reasonable – no basis to be satisfied that the trade mark should not have been registered – not reasonable to revoke registration – appeal allowed
MCEVOY J - 30 Jun 2025

Migration
Eru v Minister for Immigration and Citizenship [2025] FCA 709
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal’s pursuant to s 476A of the Migration Act 1958 (Cth) — where no issue that the applicant did not pass the character test under s 501(6) — where central issue before the Tribunal was whether there existed another reason to revoke the visa cancellation — whether the Tribunal failed to comply with paragraph 8.1.2(b) of Direction No. 99 — whether the Tribunal’s finding that the applicant’s risk of re-offending “was in moderate range” was illogical, irrational and/or legally unreasonable — application dismissed
O'SULLIVAN J - 30 Jun 2025

Industrial Law
Kluck v Carpendale Agri Pty Ltd [2025] FCA 705
INDUSTRIAL LAW — Termination of employment purportedly on grounds of the Applicant’s poor performance — Application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3–1 of the Fair Work Act 2009 (Cth) — Interlocutory application for reinstatement and restraining the Respondent from dispossessing the Applicant of residence and property owned by the Respondent pending hearing and determination of application or further order — Whether interim injunction should be made — Whether prima facie case for relief — Whether balance of convenience favours making of order — Where the Applicant delayed bringing application — Where compensatory damages are available in lieu of an order for reinstatement — Where the Applicant’s undertaking as to damages is of no value — Application for interlocutory relief dismissed.
WHEATLEY J - 27 Jun 2025

Migration
DBKX v Minister for Immigration and Multicultural Affairs [2025] FCA 700
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming respondent’s decision that the applicant was not eligible for a protection visa – whether Tribunal made a jurisdictional error by failing to obtain additional information about accommodation available to applicant if granted protection visa – whether in considering danger to the Australian community the Tribunal was required to evaluate comparative risks of applicant being granted a visa or not granted a visa – application dismissed
HESPE J - 27 Jun 2025

Migration
Cowgill v Minister for Immigration and Multicultural Affairs [2025] FCA 704
MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision not to revoke visa cancellation - whether Tribunal fell into jurisdictional error - whether Tribunal ignored misunderstood or misapplied paragraphs in Ministerial Direction 99 - whether Tribunal made inconsistent findings of fact in relation to family violence - whether Tribunal made finding without evidence - application dismissed
VANDONGEN J - 27 Jun 2025

Corporations Law
Nipps (liquidator), in the matter of I-Prosperity Pty Ltd (in liq) [2025] FCA 696
CORPORATIONS – application made by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into retainer agreements with solicitors PRACTICE AND PROCEDURE – application for non-publication and suppression orders pursuant to ss 37AI and 37AF of the Federal Court of Australia Act 1976 (Cth) in respect of the retainer agreements
NESKOVCIN J - 27 Jun 2025

Practice and Procedure
Australian Securities and Investments Commission v Macrolend Pty Ltd (No 2) [2025] FCA 710
PRACTICE AND PROCEDURE – application to adjourn final hearing – where application made weeks prior to commencement of trial – where counsel and solicitors have withdrawn from acting for defendants – where defendants face funding constraints – whether funding position would improve if trial adjourned for several months – whether serious attempts made to address funding issues – appropriate exercise of discretion – application refused
SARAH C DERRINGTON J - 25 Jun 2025

Costs
Rainforest Reserves Australia Inc v Minister for the Environment and Water (Costs) [2025] FCA 702
COSTS – where applicant unsuccessfully challenged ministerial approval of proposed wind farm under Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether litigation brought in public interest – whether important questions of law raised – whether discretion to depart from ordinary costs rule should be exercised – whether the recovery of costs should be limited to a portion of successful parties’ costs in light of each being an active contradictor – not appropriate to make no orders as to costs – applicant ordered to pay respondents’ costs on proportionate basis
SHARIFF J - 27 Jun 2025

Practice and Procedure
Houten v Lennon (Costs) [2025] FCA 708
PRACTICE AND PROCEDURE – form of orders COSTS – where sequestration order has been set aside – where former trustee incurred cost in administering the former bankrupt estate – whether costs incurred by the former trustee were reasonable – whether the petitioning creditors or the respondent should bear the former trustee’s costs COSTS – application for indemnity costs – whether the applicants’ solicitors should personally bear the respondent’s costs due to misapprehension of law at an earlier hearing – principles governing special costs orders – distinction between party and legal representative conduct – Calderbank offer – apportionment of costs
ROFE J - 27 Jun 2025

Practice and Procedure
Lal v Royal Australasian College of Physicians [2025] FCA 673
PRACTICE AND PROCEDURE — application for an extension of time and leave to appeal from decision made by single judge of Federal Court — whether extension of time and leave to appeal should be granted — where primary judge granted summary judgment against applicant — where proposed grounds of appeal have no prospect of success — HELD: application dismissed with no order as to costs
BROMWICH J - 26 Jun 2025

Corporations Law
Emerald No 2 (SA) Pty Ltd v Matthews, in the matter of Sapphire (SA) Pty Ltd [2025] FCA 695
CORPORATIONS – application for removal and replacement of liquidator – application seeking leave for the liquidator to be appointed as voluntary administrator pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) and ancillary orders including a stay of the winding up of the company under s 482(1) – purpose of application to convene a meeting of creditors to consider a further proposed deed of company arrangement – application granted
NESKOVCIN J - 11 Jun 2025

Bankruptcy
Osborne v Schembri McCluskys Pty Ltd [2025] FCA 691
BANKRUPTCY – appeal from decision of Federal Circuit and Family Court of Australia dismissing application for review of Registrar’s decision to make sequestration orders – where primary judge found that res judicata or issue estoppel applies – primary judge erred – Court satisfied sequestration order should be made
HESPE J - 26 Jun 2025

Native Title
Eden Local Aboriginal Land Council v Attorney General of New South Wales [2025] FCA 688
NATIVE TITLE – non-claimant application for determination of native title under Native Title Act 1993 (Cth) s 61(1) – respondents do not oppose orders sought – whether within power and appropriate for Court to make orders sought – determination made that native title does not exist in application area
MCDONALD J - 26 Jun 2025

Costs
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 4) [2025] FCA 690
COSTS – where applicant was unsuccessful on the principal claim and it became unnecessary to determine a cross-claim brought by one respondent against other respondents and another party – where one of the respondents seeks an order for the payment of his costs on an indemnity basis – application refused – where that same party, qua cross-respondent, seeks an order that the applicant pay his costs of the cross-claim – application refused
GOODMAN J - 26 Jun 2025