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
Administrative Law
Harris v Military Rehabilitation and Compensation Commission [2025] FCA 381
ADMINISTRATIVE LAW – application for review under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – application for review under ss 5 and 6 of the Administrative Decisions (Judicial Review Act 1977 (Cth) – application under s 39B of the Judiciary Act 1903 (Cth) – whether Administrative Appeals Tribunal erred in finding s 181(1) of the Military Compensation and Rehabilitation Act 2004 (Cth) founds a discretion to deem a person with actual earnings different from income actually earned –appeal dismissed – no error – s 44 appeal dismissed as not competent – Tribunal decision not final in nature
17 Apr 2025
| MCEVOY J
Representative Proceedings
McDonald v Commonwealth of Australia [2025] FCA 380
REPRESENTATIVE PROCEEDINGS – application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – claim for non-payment or under-payment of wages to Aboriginal and Torres Strait Islander workers in the Northern Territory between 1933 and 1971 – whether the settlement is fair and reasonable – whether proposed deductions are fair and reasonable – deductions for legal costs and funding commission – priority of payments – directions to the administrator – settlement approved ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – outreach program – remote communities – best practice principles for law firms operating outside the communities in which their clients are living – expertise and use of locally experienced cultural advisers, interpreters, community engagement staff or community development staff
17 Apr 2025
| MORTIMER CJ
Corporations Law
Lottah Mining Pty Ltd (in liq) v Campbell-Wilson (Liquidator), in the matter of Forward Mining Limited (in liq) [2025] FCA 378
CORPORATIONS – orders sought by liquidators under s 90-15 of the Insolvency Practice Schedule (Corporations) that liquidators are justified and would be acting reasonably in giving effect to settlement deed – where settlement deed was entered into by the parties prior to obtaining Court approval – where settlement is conditional upon the liquidators obtaining orders from the Court pursuant to s 90-15 – whether liquidators were justified and acting reasonably in giving effect to settlement deed
11 Apr 2025
| OWENS J
Migration
DGD17 v Minister for Immigration and Multicultural Affairs [2025] FCA 383
MIGRATION – protection visa application refused by a delegate of the Minister – review by the Immigration Assessment Authority affirmed the decision – judicial review application to the Federal Circuit and Family Court of Australia (Division 2) dismissed – appeal from that dismissal – where appellant sought leave to assert new grounds of error by the Authority – whether new grounds have clear merit so as to justify leave in the interests of justice – whether the Authority failed to consider relevant considerations – whether the Authority erred in not seeking further information – whether the Authority’s decision was legally unreasonable – where none of the new grounds of appeal has clear merit – leave refused – appeal dismissed
17 Apr 2025
| STEWART J
Consumer Law
Australian Competition and Consumer Commission v Qteq Pty Ltd [2025] FCA 371
COMPETITION – alleged attempts to enter into contracts, arrangements or understandings with companies in the coal seam gas industry that would be contraventions of s 44ZZRJ/45AJ of the Competition and Consumer Act 2010 (Cth) – alleged attempts to induce entry into the same contracts, arrangements or understandings – cartel provisions to allocate customers, limit bids and prevent, restrict or limit the supply of services in competition with the first respondent – whether subjects of the attempts were or were likely to be in competition with the first respondent at the relevant times – whether conduct unilateral or amounted to an attempt to arrive at an understanding or induce arrival at an understanding – HELD: five of six attempts alleged by the Australian Competition and Consumer Commission established, with respect to both the first and second respondents STATUTORY INTERPRETATION – s 45AC of the Competition and Consumer Act 2010 (Cth) – scope of deeming provisions – whether broader definition of “party” in s 45AC applied to attempt or attempt to induce cases
17 Apr 2025
| BROMWICH J
Corporations Law
Livingstone, in the matter of Vertical 4 Pty Ltd (Administrators Appointed) [2025] FCA 382
CORPORATIONS – application by administrators under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors – application for ancillary orders under s 447A of the Act – where extension sought to allow administrators to conduct sale of assets and carry out investigations – orders made
9 Apr 2025
| OWENS J
Industrial Law
Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Simpec Pty Ltd [2025] FCA 370
3 Apr 2025
| COLVIN J
Taxation
Aitken v Commissioner of Taxation [2025] FCA 372
TAXATION — appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) — where applicant lodged an objection to an amended assessment for the 2016 income year and the respondent did not allow the objection — where applicant was an initial participant in forestry managed investment scheme — whether applicant satisfied onus of proof to establish what the assessment should have been — whether exercise of put option and execution of novation deed in relation to forestry interest held by applicant constituted capital gains tax (CGT) events giving rise to amounts of assessable income under s 394-25 of the Income Tax Assessment Act 1997 (Cth) — whether applicant applied correct valuation principles in calculating market value and decrease in market value of forestry interest — HELD: appeal dismissed
17 Apr 2025
| BROMWICH J
Native Title
Malone on behalf of the Western Kangoulu People v State of Queensland (No 6) [2025] FCA 363
NATIVE TITLE – application for determination of native title – separate questions concerning the existence of native title – where trial of separate questions conducted between the applicant and the State of Queensland – where subsequent to trial the parties engaged in mediation and reached agreement on a statement of agreed facts – leave granted to re-open the trial for the purposes of adducing the statement of agreed facts in evidence, together with a supplementary expert report – consideration of the legal effect of the statement of agreed facts – determination of the separate questions undertaken on the basis of the evidence adduced at trial and in light of the statement of agreed facts – consideration of the use of the word “society” in expert anthropological evidence, including the use of the terms “regional society”, “core society” and “associative society” – explanation of the meaning of the term “society” in native title jurisprudence and the limits of its usefulness in anthropological evidence
17 Apr 2025
| O'BRYAN J
Practice and Procedure
PF1 Solutions Pty Ltd (in liq) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 3) [2025] FCA 373
PRACTICE AND PROCEDURE – application for security for costs – quantum of security to be ordered only issue – security in an amount of $200,000 to be provided – application for enforcement of earlier costs order – proper construction of that order – costs not yet payable
17 Apr 2025
| GOODMAN J
Native Title
Charlie v State of Queensland [2025] FCAFC 55
NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous exclusive possession acts as defined in the Native Title Act 1993 (Cth) which wholly extinguished native title in the land by force of s 20(2) of the Native Title (Queensland) Act 1993 (Qld) – construction of s 203 of the Land Act 1962 (Qld) vesting power to grant special leases in the Minister – whether the Governor in Council had power to grant special leases under the general power in s 6(1) of the Land Act concurrently with the power vested in the Minister under s 203 – whether principle in Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 applied – appeal dismissed
17 Apr 2025
| PERRY, BURLEY AND SARAH C DERRINGTON JJ
Practice and Procedure
Greenbot Pty Ltd v Clean Energy Regulator [2025] FCA 369
PRACTICE AND PROCEDURE – application to set aside interlocutory injunction – decision by Clean Energy Regulator to permanently suspend applicant’s registration as a registered person under Renewable Energy (Electricity) Act 2000 (Cth) – where Regulator gave notice of termination of Deed to participate in Solar Panel Validation Initiative as the provider of an “installer app” – where interlocutory orders made by consent to stay suspension decision and prohibit Regulator from acting on notice of termination –where stay expired after suspension decision was subsequently affirmed on internal review – whether interlocutory injunction in relation to notice of termination should be set aside under r 39.05 of the Federal Court Rules 2011 (Cth) – whether necessary to show exceptional circumstances – whether material change of circumstances since order made – whether there is a serious issue to be tried as to lawfulness of termination of Deed – whether balance of convenience favours continuation of interlocutory injunction
17 Apr 2025
| HORAN J
Industrial Law
Lim v Flinders University of South Australia (No 4) [2025] FCA 377
16 Apr 2025
| CHARLESWORTH J
