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.

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Corporations Law
De Kretser Pty Ltd v De Kretser [2026] FCA 779
CORPORATIONS – applicants operating a business providing accounting services – first respondent a former employee and director of first applicant – first respondent incorporating second respondent to compete with applicants’ business – applicants seeking an injunction to restrain the respondents from using information taken by first respondent from the applicants’ systems prior to resignation – whether serious question to be tried to support the interlocutory relief sought – nature of prejudice that may be suffered if an injunction were not to be granted – low likelihood of ongoing contravention – where damages would suffice – where the undertaking as to damages lacks sufficient substance – where applicants have engaged in conduct interfering with the respondents’ lawful entitlement to compete – where interests of third parties affected by applicants’ conduct – injunction refused. PRACTICE AND PROCEDURE – where undertaking as to damages given on an injunction application  – where dispute involves acrimonious family relations – where a successful respondent would be required to remain in prolonged litigation to call upon the undertaking in the event that the applicants’ claims were unsuccessful – relevance of acrimonious relationship in the exercise of the discretion to grant the injunction sought.
19 Jun 2026 |  CHARLESWORTH J

Evidence
Australian Securities and Investments Commission v Noumi Limited (No 6) [2026] FCA 785
EVIDENCE – admissibility – whether data as at August 2022 relevant to information available in 2019 and 2022 – where data may affect assessment of knowledge of inventory in 2019 and 2020 – whether representations were prepared in contemplation of present proceedings – where representations were prepared in the usual process of keeping accounting records – evidence admitted without limitation EVIDENCE – admissibility – where there is a paucity of evidence as to how data were prepared – where data give erroneous figure for total inventory – where weight to be given will depend on whether other evidence casts light on data – where business records exception applies – where evidence is relied on for limited purpose – where ample notice was given of intention to rely on evidence for this purpose – evidence admitted without limitation EVIDENCE – admissibility of affidavits and expert report filed late – where late filing prevented defendant from preparing evidence in response – where this unfairly prejudiced defendant – evidence rejected
12 Jun 2026 |  JACKMAN J

Migration
Zhang v Minister for Immigration and Citizenship [2026] FCA 783
MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused
19 Jun 2026 |  BEACH J

Practice and Procedure
AK Ippolito Investments Pty Limited v Family Farm Management Pty Ltd, in the matter of Family Farm Management Pty Ltd [2026] FCA 780
PRACTICE AND PROCECURE — Judgment and Orders — Summary judgment — Reasonable prospects of success — Where the Defendant’s summary judgment application argued the Plaintiffs lacked standing — Where the Defendant’s summary judgment application based on hypothetical scenario — Plaintiffs’ case alleges unregistered managed investment scheme — Where issues sought to be determined on summary judgment were complex and novel — Summary judgment application refused PRACTICE AND PROCECURE — Proposed amended originating application — Proposed addition of just and equitable winding up orders — Proposed amendments not untenable or groundless — Amendments to originating application allowed
19 Jun 2026 |  WHEATLEY J

Costs
Kelly v Hall & Wilcox [2026] FCA 567
COSTS – whether assessment of costs charged by the respondent should be referred to a costs assessor as a referee – where the parties agree that referral should occur but disagree on timing – “two imperfect options” – whether the referral should occur first and the matters requiring determination by the Court be excluded from the cost assessor’s consideration – alternatively whether the Court should determine those matters first and the findings, with the question of costs, then be referred to the costs assessor – legal questions to be determined first – where proceedings are complex and the amounts involved considerable – where the costs assessor would benefit from knowing whether particular work should have been undertaken in the way that it was – impact of legal questions on fairness and reasonableness of costs charged – parties to provide draft orders setting out questions for determination by the Court PRACTICE AND PROCEDURE – separate question – where determination of separate question means that two hearings will need to be held in any event – weighing of factors for and against that outcome – “just and convenient” for question of costs to be referred to costs assessor with legal questions as to the basis of those costs determined first and separately
8 May 2026 |  NEEDHAM J

Migration
Patel v Minister for Immigration and Citizenship [2026] FCA 782
MIGRATION — application for an extension of time and leave to appeal — extension of time granted — leave to appeal refused
19 Jun 2026 |  BEACH J

Migration
BWP18 v Minister for Immigration and Citizenship [2026] FCA 784
MIGRATION – application for extension of time to apply for judicial review of decision of the Administrative Appeals Tribunal not to revoke Minister’s decision to cancel protection visa – application for judicial review dismissed by a Registrar of the Federal Circuit and Family Court of Australia (Div 2) where applicant failed to appear at hearing – application for reinstatement of review application dismissed by a Registrar – review of the Registrar’s orders dismissed by a Judge of that Court – application for extension of time to seek leave to appeal – default of appearance – application dismissed
17 Jun 2026 |  NESKOVCIN J

Migration
FQB24 v Minister for Immigration and Citizenship (No 2) [2026] FCA 775
MIGRATION – appeal – Administrative Appeals Tribunal review of delegate decision refusing to grant a protection visa – legal unreasonableness – procedural fairness – failure to exercise power to obtain oral evidence from witness – failure to exercise power to adjourn review
19 Jun 2026 |  FEUTRILL J

Criminal Law
Commonwealth Director of Public Prosecutions v Fairfull [2026] FCA 748
CRIMINAL LAW – sentencing – accused pleaded guilty to making false or misleading statements likely to induce persons to apply for financial products, and dishonest use of his position as a director with the intention of directly gaining an advantage
19 Jun 2026 |  ABRAHAM J

Industrial Law
Rindeklev v Commonwealth of Australia (No 2) [2026] FCA 764
INDUSTRIAL LAW - whether employer engaged in discriminatory conduct contrary to s 104(1) of the Work Health and Safety Act 2011 by failing to take action in response to concerns raised by employee in relation to conduct of another employee - whether employer made a false or misleading representation about the workplace rights of employee contrary to s 345 of the Fair Work Act 2009 when providing a letter to the employee as to the outcome of a preliminary investigation into a complaint made by the employee - whether employer made a false or misleading representation about the workplace rights of employee contrary to s 345 of the Fair Work Act in responding to a statutory request for information relevant to a claim by the employee for compensation - whether employer engaged in adverse action for the purposes of s 340 of the Fair Work Act by reducing the employee's shifts - whether employer engaged in adverse action in the conduct and outcome of an investigation into matters raised by employee - whether a finding was made in the investigation that the employee was a multiple and vexatious complainer or a person who made complaints in bad faith - whether those responsible for the management of the employee's workplace incited adverse action in the conduct of the investigation and its outcome - whether the employer engaged in adverse action by issuing a warning to the employee for speaking at a Union meeting - consideration of whether heads of relief should be granted if any of the employee's claims were upheld - whether causation had been established if claims upheld - consideration whether to accept evidence advanced to support claim of causation - application dismissed
18 Jun 2026 |  COLVIN J

Insurance
Australian Securities and Investments Commission v H C F Life Insurance Company Pty Limited [2026] FCAFC 81
INSURANCE – appeal from liability decision and penalty decision of the primary judge – where respondent a life insurer that offers products which contain exclusions in respect of pre-existing conditions – where respondent adopted a definition of pre-existing condition that excludes cover where a medical practitioner is of the opinion that signs or symptoms of the relevant condition existed before policy inception – where primary judge concluded contracts rendered partially unenforceable by s 47 of the Insurance Contracts Act 1984 (Cth) – where primary judge found respondent had engaged in conduct that was liable to mislead in contravention of s 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) – where primary judge held terms were not unfair within the meaning of ss 12BF and 12BG of the ASIC Act – whether primary judge erred in finding contract terms were not unfair – no error – appeal dismissed
19 Jun 2026 |  DERRINGTON, HALLEY AND MCEVOY JJ

Practice and Procedure
Hennessy v Secretary, Department of Social Services [2026] FCA 778
PRACTICE AND PROCEDURE – summary dismissal –Notice of Appeal from a Tribunal – reasonable prospect of success – where Federal Court proceeding filed in different State as tribunal proceeding below – where applicant in Federal Court proceeding different from applicant in tribunal proceeding below – whether applicant had standing
17 Jun 2026 |  COLLIER J

Bankruptcy and Insolvency
Corry v NHB Enterprises Pty Ltd, in the matter of Corry [2026] FCA 768
BANKRUPTCY AND INSOLVENCY – review of a Registrar’s order to dismiss an application to set aside a bankruptcy notice – whether the applicant has a qualifying counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt – where the claim is at best highly speculative and has poor prospects – whether the claim is deserving of being finally determined
17 Jun 2026 |  STEWART J