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

Corporations Law
Palladium Holdings Pty Limited, in the matter of Palladium Holdings Pty Limited (No 2) [2022] FCA 563
CORPORATIONS - scheme of arrangement - second court hearing - order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement - scheme approved
16 May 2022 |  YATES J


Intellectual Property
Vald Performance Pty Ltd v Kangatech Pty Ltd (No 4) [2022] FCA 557
INTELLECTUAL PROPERTY - consideration of an application to amend particulars of invalidity - consideration of the approach in determining whether the claims defining the invention are supported by matter disclosed in the specification for the purposes of s 40(3) of the Patents Act 1990 (Cth)
13 May 2022 |  GREENWOOD J


Migration
Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 83
MIGRATION - appeal from decision of primary judge dismissing Mr Bethell's application for habeas corpus -unlawful non-citizen - detention pending removal from Australia - where s 189 of Migration Act 1958 (Cth) requires unlawful non-citizen be detained - where s 196 requires unlawful non-citizen detained under s 189 be kept in immigration detention - where primary judge determined that detention was "not unlawful" - whether primary judge erred in failing to consider the lawfulness of the Minister's decision to cancel the appellant's visa - consideration of Commonwealth of Australia v AJL20 [2021] HCA 21; (2021) 95 ALJR 567 - whether delay in hearing application prevented fair hearing - whether costs can be awarded in a habeas corpus matter - allegation that remote hearing resulted in an "unfair hearing" - where appellant overseas - appeal dismissed
16 May 2022 |  BROMWICH, LEE AND STEWART JJ


Migration
QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82
MIGRATION - appeal from Federal Circuit of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm delegate's decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal failed to actively consider appellant's representations - whether Tribunal failed to fully consider real risk of harm in relation to claim of generalised violence and deteriorating living conditions in Iraq - whether Tribunal relied on South Australian Police (SAPOL) records of uncharged criminal conduct - whether prejudicial nature of the records could be cured by procedural fairness
16 May 2022 |  SC DERRINGTON, O'BRYAN AND ABRAHAM JJ


Administrative Law
Ferdinands v Registrar Cridland [2022] FCAFC 80
ADMINISTRATIVE LAW -- concurrent appeals - appellant lodging documents for filing - Registrars rejecting the documents under r 2.26 of the Federal Court Rules 2011 (Cth) - primary judge dismissing applications for judicial review of the Registrars' decisions --primary judge concluding that the Registrars did not err in characterising the documents as an abuse of process, vexatious or frivolous--primary judge concluding that r 2.26 did not confer judicial power--primary judge concluding that the litigation sought to be commenced by the appellant was beyond the jurisdiction of the Court and foredoomed to fail -- no appealable error - appeals - appeals dismissed
16 May 2022 |  CHARLESWORTH, BURLEY AND CHEESEMAN JJ


Practice and Procedure ; Evidence
Roberts-Smith v Roberts [2022] FCA 524
PRACTICE AND PROCEDURE - application for leave to appeal - consideration of cumulative and related criteria in Re Decor Corporation Pty Ltd and Rian Tooling Industries Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - whether failure to consider or give sufficient weight to matters undermining first respondent's affidavit evidence - whether arguable case existed for injunctive relief to join other parties - no determination of substantive right or practical effect of finally determining rights - no substantial injustice established - decision not attended with sufficient doubt - application dismissed
16 May 2022 |  WIGNEY J


Practice and Procedure ; Discovery
McMahon Services Australia Pty Ltd v Howmet Systems Australia Pty Ltd, formerly Alcoa Australia Rolled Products Pty Ltd (No 2) [2022] FCA 545
PRACTICE AND PROCEDURE - interlocutory application - application for production and non-standard discovery of categories of documents pursuant to the Redfern Discovery Procedure set out in [8.4] to [8.7] of the Commercial and Corporations Practice Note and rr 20.14 and 20.15 of the Federal Court Rules 2011 (Cth) - whether the making of the order sought will facilitate the just resolution of the proceedings as quickly, inexpensively and efficiently as possible - whether the order will require a party to discover documents that are directly relevant - whether the time period sought by the applicant is excessive - whether settlement privilege is available to the respondent to prevent production of the documents sought - request for production stood over - application granted for discovery of a limited categories of documents
13 May 2022 |  O'SULLIVAN J


Practice and Procedure ; Discovery
Holland v BT Securities Limited [2022] FCA 539
PRACTICE AND PROCEDURE - interlocutory application - application for discovery pursuant to r 20.13 of the Federal Court Rules 2011 (Cth) - whether the making of the order sought will facilitate the just resolution of the proceedings as quickly, inexpensively and efficiently as possible - whether the order sought will require a party to discover documents that are directly relevant - where the respondent discovered documents understood to be in use at the relevant time - where the remaining documents were unable to be located and/or do not exist - application dismissed PRACTICE AND PROCEDURE - interlocutory application - application seeking leave of the Court to amend the statement of claim pursuant to r 16.53 of the Federal Court Rules 2011 (Cth) - where some amendments were not opposed - where some amendments failed to disclose a reasonable cause of action - leave granted for amendments in the terms of paragraphs 4 to 6 and 12 - leave to amend remaining paragraphs refused
13 May 2022 |  O'SULLIVAN J


Practice and Procedure ; Discrimination
BSL22 v BSM22 [2022] FCA 558
PRACTICE AND PROCEDURE - interlocutory applications for orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - orders sought to prevent prejudice to the proper administration of justice and to protect the safety of the parties by whom the applications made - necessity of relief sought - medical evidence as to consequences of disclosure for applicant's safety - imbalance as between parties in the event that both interlocutory applications not granted productive of prejudice to the proper administration of justice - applications granted
13 May 2022 |  SNADEN J