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
PYCS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 563
MIGRATION - character cancellation - whether "another reason" for revocation under s 501CA(4) of the Migration Act 1958 (Cth) - the best interests of minor children considered under Direction No 90 - whether the Tribunal erred considering interests of three minor children together - whether Tribunal erred by failing to consider the interests of a fifth relevant child - materiality - application dismissed
31 May 2023 |  STEWART J


Bankruptcy
Dimitrovski v Boland [2023] FCAFC 86
BANKRUPTCY AND INSOLVENCY - where applicant a discharged bankrupt - where applicant sought leave to appeal and extension of time to appeal from decision of Supreme Court of New South Wales - where applicant included claim for damages for personal injuries - where primary judge held personal injury claims were not severable from the property claims - whether s 160(2)(g) of the Bankruptcy Act 1966 (Cth) was enlivened such that the claims had not vested in the trustee of the applicant's bankrupt estate - where proposed grounds of appeal have no merit - application dismissed
31 May 2023 |  MARKOVIC, DOWNES AND KENNETT JJ


Native Title
Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529
NATIVE TITLE - applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) - consideration of s 84(5) elements - whether joinder applicant has an interest - whether interest may be affected by a determination of native title - whether interests of justice support joinder - preference for intramural membership dispute to be dealt with by claim group - applications dismissed
30 May 2023 |  BROMBERG J


Migration
DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - where leave sought to rely on new grounds of appeal - where error alleged by failure to refer protection files of appellant's family members to the IAA under s 473CB(1)(c) of the Migration Act 1958 (Cth) - whether error jurisdictional - where respondent concedes jurisdictional error - orders made
30 May 2023 |  SNADEN J


Migration
BAO18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 550
MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time - whether appeal competent - where Immigration Assessment Authority satisfied 'exceptional circumstances' justified consideration of new country information under Migration Act 1958 (Cth) s 473DD - whether new country information becoming available after delegate decision constitutes 'exceptional circumstances' - materiality
30 May 2023 |  PERRAM J


Corporations Law
Silva, in the matter of Alon Pty Ltd (in liquidation) [2023] FCA 547
CORPORATIONS -- competing applications to be appointed as receivers and managers to trust assets -- where originating process brought by liquidators of trustee company and competing interlocutory application brought by interested party -- where amended trust deed includes an ipso facto clause -- where interested party sought to challenge validity of amended trust deed and other broad ranging relief in the nature of final relief -- where the validity of the amended trust deed was not challenged in prior proceedings in the Supreme Court of New South Wales in which the interested party was a party -- whether the interested party's interlocutory application is an abuse of process -- whether the interested party is eligible to be appointed as receiver and manager -- whether liquidators should be appointed as receiver and managers of the assets of the trust. Held: liquidator's application granted, interested party's application dismissed.
30 May 2023 |  CHEESEMAN J


Migration
DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84
MIGRATION - appeal from decision of single judge of the Federal Court of Australia - where primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal - where delegate of the Minister refused protection visa application pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) - where appellant convicted of domestic violence offences - whether primary judge applied wrong test under s 36(1C)(b) of the Act - whether Tribunal erred in finding appellant posed "a danger to the Australian community" - consideration of meaning of "danger" - whether "Australian community" interpreted narrowly - Held: appeal dismissed
30 May 2023 |  RARES, THOMAS AND SNADEN JJ


Migration
Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83
MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act 1958 (Cth) authorises contracted third party to exclude visitors in accordance with policy - power to establish and maintain detention centre
30 May 2023 |  PERRAM, PERRY AND THAWLEY JJ


 

 

 

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