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
National Disability Insurance Agency v Warwick [2025] FCAFC 100
ADMINISTRATIVE LAW - proper construction of r 5.1(d) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) - meaning of the phrase 'day-to-day living costs (for example, rent, groceries and utility fees) that are not attributable to a participant's disability support needs' - costs of Scheme participant moving home - no error in decision of primary judge APPEAL AND NEW TRIAL - appellate jurisdiction of the Court - appeal by way of rehearing - contention that orders below did not take account of subsequent legislative amendments - amendments not retrospective - error needed to engage appellate jurisdiction of the Court - error not asserted by the appellant nor established - appeal dismissed
4 Aug 2025
| COLVIN, JACKSON AND STELLIOS JJ
Corporations Law
Kailash Lawyers Pty Ltd v Patial [2025] FCA 884
CORPORATIONS – application to set aside creditors statutory demands served on four companies – whether the companies applied “to the Court for an order setting aside a statutory demand” within the meaning of s 459G of the Corporations Act 2001 (Cth) in circumstances where, as co-plaintiffs, they filed one originating application to set aside the demands – whether individual proceedings are required – held individual proceedings not required CORPORATIONS – application to set aside creditors statutory demands served on four companies – whether service of the originating application and affidavit in support was effected for the purposes of s 459G and whether personal service was required – held service was effected and personal service not required – unmeritorious position taken as to service despite receipt of documents having been acknowledged by recipient – application of the “effective informal service rule” – service electronically and in a physical form under s 110C and 110D of the Act CORPORATIONS – creditors statutory demands – whether genuine dispute established – where the legal foundation of the alleged debt not clear – where quantum of the alleged debts has changed several times – where the existence of debts in dispute in another proceeding – genuine dispute established CORPORATIONS – creditors statutory demands – whether the demands should be set aside for another reason – held that the demands should be set aside as an abuse of process COSTS – costs payable on an indemnity basis in circumstances where unmeritorious position taken with respect to service, where the existence of a genuine dispute was obvious and where the demands were not withdrawn, and the winding up proceedings were commenced and continued despite notice of fundamental problems
4 Aug 2025
| GOODMAN J
Bankruptcy
Deputy Commissioner of Taxation v Fayad [2025] FCA 888
BANKRUPTCY AND INSOLVENCY – where respondents voluntarily entered bankruptcy by presenting debtor’s petitions while applicant’s creditor’s petitions against them were on foot – where the applicant seeks the costs of the creditor’s petitions be paid from the estate of the respondent debtors “with the same priority as if a sequestration order had been made” in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth) – whether such costs orders are provable in the bankrupt estates – whether if not they are within the power of the Court to make under the Act
1 Aug 2025
| STEWART J
