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
Australian Securities and Investments Commission v Holista Colltech Ltd [2024] FCA 244
CORPORATIONS - alleged contraventions of ss 674(2) and 1041H(1) of the Corporations Act 2001 (Cth) - where company failed to notify the Australian Securities Exchange of certain information in breach of continuous disclosure obligations - where company engaged in conduct, in relation to a financial product or a financial service, that was misleading or deceptive, or likely to mislead or deceive - whether company knew if non-disclosed information would, if generally available, have a material effect on the price or value of the company shares - application for declaratory relief under s 1317E of the Corporations Act or s 21 of the Federal Court of Australia Act 1976 (Cth) - determination of appropriate penalty under s 1317G of the Corporations Act
19 Mar 2024 |  SARAH C DERRINGTON J


Industrial Law
Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2024] FCA 259
INDUSTRIAL LAW - where the appellant appeals against a decision of the Federal Circuit and Family Court of Australia (Division 2) concerning contravention of both s 501 and s 502 of the Fair Work Act 2009 (Cth) (the Act) - where, on 17 August 2021, the State secretary of the respondent attempted to exercise a right of entry pursuant to s 484 of the Act to the appellant's meatworks facility - where the appellant refused to allow the respondent's representative to access the facility with their mobile telephone - whether the restriction on access to the premises was reasonable - whether the restriction on access was grounded in common law rights of an occupier of property - whether and to what extent the Act regulates the common law rights of an occupier of property - appeal dismissed INDUSTRIAL LAW - where the appellant was found to have contravened both s 501 and s 502 of the Act - where the primary judge considered aggravating and mitigating factors in determining the appropriate penalty - where the appellant's policy appeared, on the evidence, to only affect union representatives - where the appellant had previously been involved in a controversy with the respondent concerning the right of entry and bringing paper materials on to the property - where the maximum penalty was $66,600 - where the primary judge imposed a penalty of $30,000 - where level of penalty not shown to be manifestly excessive -appeal dismissed
12 Mar 2024 |  LOGAN J


Industrial Law
Toppo v P & J Harris & Sons (A Partnership) [2024] FCA 257
INDUSTRIAL LAW - where Applicant alleges that termination by Respondent was adverse action taken for prohibited reasons - interlocutory application for interim reinstatement - where Applicant's visa requires ongoing employment by sponsoring employer - whether serious question to be tried - whether balance of convenience favours making of interim order
19 Mar 2024 |  PERRAM J


Superannuation
Tratter v Aware Super [2024] FCAFC 36
SUPERANNUATION -- appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit -- where the trustee of the fund apportioned the death benefit 70% to the deceased member's former spouse and 30% to the deceased member's mother -- whether AFCA made error of law in determining that the trustee's determination was neither unfair nor unreasonable -- no error of law established -- appeal dismissed
19 Mar 2024 |  O'CALLAGHAN, ANDERSON AND MCELWAINE JJ


Costs ; Copyright
Chou v Metstech Pty Ltd (Costs) [2024] FCAFC 39
COSTS - whether costs should follow the event - where respondents successful in substance but primary judge's declarations were amended in the interests of clarity
19 Mar 2024 |  YATES, DOWNES AND JACKMAN JJ


Patents
MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38
PATENTS - construction of patent - invention of tooth construction for a mineral sizer - meaning of "front cover which is weldingly secured to and seated in face to face contact with the front face of the support body" - where primary judge rejected claim because, inter alia, "face to face contact" requires physical contact over most of two faces
19 Mar 2024 |  YATES, BURLEY AND JACKMAN JJ


 

 

 

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