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
Practice and Procedure
Simpson v Taylors Business Pty Ltd (No 2) [2025] FCA 1119
PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2) of the Federal Court Rules 2011 (Cth) in respect of part of an amended pleading – where respondent in default under r 5.22 – where respondent did not appear and failed to file a defence – where judgment reserved on separate questions – whether partial default judgment available – partial default judgment entered REPRESENTATIVE PROCEEDINGS – consideration of scheme for the return of goods – notice to group members – treatment of intermingled goods – procedure for funds obtained through sale of goods – whether payment to group members whose goods have been lost is appropriate at this stage of proceeding COSTS – application for lump sum costs order in respect of partial default judgment application
15 Sep 2025
| BENNETT J
Costs
McGinn v Australian Information Commissioner (Costs) [2025] FCA 1007
COSTS – costs order outstanding after proceedings stayed by way of vexatious proceedings order – power of Court to make orders for costs in the circumstances COSTS – lump-sum costs order appropriate in standalone application for a stay of proceedings – requirements for making of lump-sum costs order
26 Aug 2025
| NEEDHAM J
Mortgages
Waldren v Merricks Capital Pty Ltd [2025] FCA 1134
MORTGAGES – application for interlocutory relief to prevent appointment of receivers and enforcement of security over farm properties – whether serious question to be tried – whether purported enforcement of security prevented by the Farm Debt Mediation Act 1994 (NSW) where no exemption certificate has been issued – whether alleged failure by respondents to give effect to a contractual term led to present indebtedness – whether the balance of convenience favours the injunctions being sought – injunctions granted over farming businesses and rural properties but not otherwise
15 Sep 2025
| MOORE J
Corporations Law
Clubb (deed administrator), in the matter of Toys “R” Us ANZ Limited (subject to deed of company arrangement) [2025] FCA 1135
CORPORATIONS — deed of company arrangement — transfer of shares in company — s 444GA of the Corporations Act 2001 (Cth) — leave for deed administrators to effect transfer — effect of transfer — no unfair prejudice — interested party — relevance of options — modification of effect of s 444GA by utilising s 447A — observations on s 447A — orders made
15 Sep 2025
| BEACH J
Migration
Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1128
MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal not to overturn decision by delegate of the Minister to cancel the applicant's visa under s 501CA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in the Tribunal generally placing greater weight on the protection of the Australian community than the best interests of children - consideration of lawfulness of Direction No. 110 of the Migration Act 1958 (Cth) - consideration of procedural fairness reasoning in Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; (2001) 107 FCR 133 and Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 - where decision which did not treat the best interests of a child as a primary consideration not unlawful for procedural unfairness - alleged error as to consideration by the Tribunal of evidence of applicant's role in children's lives - where complaint amounted to weight to be given to evidence - where it is for the Tribunal to evaluate the significance of evidence - application dismissed
15 Sep 2025
| COLVIN J
Corporations Law
NSX Limited, in the matter of NSX Limited [2025] FCA 1133
CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) – whether partly paid shareholders constitute a separate class – de minimis considerations – whether restructured facility agreement with shareholder gives rise to net collateral benefit – other considerations - order made for convening of shareholders’ meeting
9 Sep 2025
| OWENS J
