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

Industrial Law ; Practice and Procedure
B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 2) [2024] FCA 569
INDUSTRIAL LAW - where the applicant applies for declaratory relief, pecuniary penalties and compensation against the respondent union and its officials - where the applicant is a joint venturer in a major state infrastructure project to construct a highway bridge - where the respondents are alleged to have intentionally hindered or obstructed the performance of construction work in seeking to access the site under the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (Qld) - where the respondents are alleged to have blockaded the site and prevented access by contractors during a concrete pour PRACTICE AND PROCEDURE - where the applicant applies for interlocutory injunctive relief to prohibit the respondents from physically obstructing or impeding access to the site and from accessing the site pursuant to a right of entry without completing a visitor induction - where Court listed short second return date to determine continuation of injunctive relief - where respondents only made submissions against the continuation of injunctive relief mandating the completion of a visitor induction process upon accessing the site - whether applicant had still demonstrated a prima facie case - whether balance of convenience favoured the granting of injunctive relief - relief granted on interlocutory basis until final hearing and determination or further earlier order
23 May 2024 |  LOGAN J


Migration
Gambhir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 570
MIGRATION - application for skilled visa - cl 485.231 of Schedule 2 to the Migration Regulations 1994 (Cth) - appellant completed degree at an Australian university - appellant applied for skilled visa more than six months after completion of degree - satisfaction of criteria in cl 485.231 mandatory - reasons for failure of appellant to make application within time irrelevant - no jurisdictional error on part of Administrative Appeals Tribunal or primary Judge - leave granted for appellant to raise new grounds
29 May 2024 |  COLLIER J


Bankruptcy
Deputy Commissioner of Taxation v Grand Platinum Pty Ltd [2024] FCA 568
BANKRUPTCY AND INSOLVENCY - application to adjourn winding up application to enable a deed of company arrangement proposal to be considered at a second meeting of creditors
20 May 2024 |  YATES J


Bankruptcy
Arab v Pan, in the matter of Pan (No 3) [2024] FCA 563
BANKRUPTCY AND INSOLVENCY - application to review a Registrar's decision to issue summonses for production - application to set aside or vary summonses - where summonses alleged to be too broad and imprecise - whether compliance with the summonses would be oppressive BANKRUPTCY AND INSOLVENCY - application for security for costs of compliance with summonses for production - where proceeding in which the Bankrupt was adjudged bankrupt recognised as a "foreign main proceeding" pursuant to s 6 of the Cross-Border Insolvency Act 2008 (Cth) and Art 17(1) of the Model Law - where the parties seeking the summonses (trustees in bankruptcy) are based outside the jurisdiction, with no known assets in the jurisdiction
28 May 2024 |  YATES J


Bankruptcy ; Costs
Deputy Commissioner of Taxation v Defined Properties Investment Pty Ltd (in liquidation) [2024] FCA 562
BANKRUPTCY AND INSOLVENCY - application to review a Registrar's decision to make a winding up order - where deficiencies alleged in a statutory demand - review dismissed - winding up order confirmed COSTS - whether an order costs of the review should be made against a non-party - whether costs should be awarded on an indemnity basis
28 May 2024 |  YATES J


Corporations Law
QV Equities Limited, in the matter of QV Equities Limited [2024] FCA 567
CORPORATIONS - members' scheme of arrangement - first court hearing - application under s 411 and s 1319 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement - proposed acquisition of shares in target company in exchange for shares in acquiring company - scheme consideration to be determined after meeting of members to approve scheme based on net tangible assets of target and acquiring company in accordance with scheme implementation agreement - application granted - orders made
24 May 2024 |  HALLEY J


Practice and Procedure ; Corporations Law
Quach v McIntyre [2024] FCA 564
PRACTICE AND PROCEDURE - application for summary dismissal - whether applicant has no reasonable prospect of successfully prosecuting a proceeding alleging cartel conduct against two individuals - no reasonable prospects of success - application for summary dismissed granted PRACTICE AND PROCEDURE - application for recusal - where docket judge refused applicant's request to issue subpoenas - where docket judge previously dismissed applicant's application for leave to appeal in a different proceeding - both matters insufficient to give rise to a reasonable apprehension of bias
28 May 2024 |  THAWLEY J