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
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Amendment and Strikeout) [2025] FCA 1030
PRACTICE AND PROCEDURE – application to amend statement of claim – claim in relation to loss of value of business raised in proposed pleading previously and not included in eventual pleading – applicant’s expert report calculates a loss of value of business claim – proposed amendments not a mere alignment of pleadings with the evidence but a substantial new case at late stage in proceedings – amendment not allowed PRACTICE AND PROCEDURE – inclusion of material facts in particulars more properly to be included in pleading – leave to replead section of claim to include proposed particulars in body of pleading – prejudice to respondents such that previous costs order in relation to amendment vacated PRACTICE AND PROCEDURE – application to strike out Defence – denials not untenable – non-admissions not untenable where pleading to issues of knowledge of third parties – strikeout not granted
27 Aug 2025 |  NEEDHAM J


Courts and Judges
Seeto v Uber Australia Pty Ltd [2025] FCA 1032
COURTS AND JUDGES – reasonable apprehension of bias – prospect of recusal raised on docket judge’s own assessment - circumstances giving rise to reasonable apprehension of bias – former professional relationship with client/litigant in multiple previous proceedings – reasonable apprehension of bias established
27 Aug 2025 |  SHARIFF J


Practice and Procedure
Australian Competition and Consumer Commission v Emma Sleep GmbH (Non-publication) [2025] FCA 1027
PRACTICE AND PROCEDURE – Principle of open justice – Application for suppression or non-publication order in response to application to inspect documents on Court file – Whether order necessary to prevent prejudice to the proper administration of justice – prejudice said to arise from information that is commercially sensitive – application dismissed
27 Aug 2025 |  HILL J


Practice and Procedure
Anderson v Child Support Registrar [2025] FCA 1022
PRACTICE AND PROCEDURE – where child support debt assessed as owing to Commonwealth – whether order for discovery should be granted prior to commencing proceedings – r 7.23 Federal Court Rules 2011 (Cth) – whether material requested relevant to legal question – whether reasonable belief there may be right to obtain relief – whether sufficient information to decide whether to commence proceedings – where alternative pathways of review available – whether Court should order injunction – r 7.01 Federal Court Rules 2011 (Cth) – whether serious question to be tried – whether balance of convenience favours applicant in respect of relief sought – application dismissed
27 Aug 2025 |  COLLIER J


Migration
LGC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1023
MIGRATION – application for judicial review of decision of Minister for Immigration and Citizenship – where Minister refused to grant visa on the basis of character test and national interest – where Minister set aside decision of the Administrative Appeals Tribunal – one ground of review – unreasonableness – Minister’s consideration of “rehabilitation” – reference by Minister to AUSTRAC materials – where Minister made reference to multiple convictions or offences – where applicant only had one conviction or offence – application allowed – applicant entitled to relief sought – costs assessed if not otherwise agreed
27 Aug 2025 |  COLLIER J


Practice and Procedure
Shanahan as trustee of the bankrupt estate of Hall v Hall, in the matter of Hall [2025] FCA 1020
PRACTICE AND PROCEDURE – Interlocutory application for summary dismissal or permanent stay of substantive proceedings – where respondents claim proceedings an abuse of process – where previous proceedings commenced in the District Court of Queensland but not served – where previous agreements reached between the parties in respect of progression of District Court proceedings – where applicant discontinued District Court proceedings before commencing the present proceedings – whether agreement between the parties precluded the applicant bringing proceedings in the Federal Court – whether substantial prejudice to respondents – interlocutory application dismissed
27 Aug 2025 |  COLLIER J


Bankruptcy
Victorian Legal Services Board v Kuksal (Sequestration Order) [2025] FCA 999
BANKRUPTCY AND INSOLVENCY – creditor’s petition filed on 28 February 2025 – hearing of creditor’s petition in July and August 2025 – creditor’s petition based on bankruptcy notices served by email on respondents pursuant to reg. 102 Bankruptcy Regulations 2021 (Cth) – where bankruptcy notices also served by post – bankruptcy notices based upon non-payment of costs orders made against respondents by Supreme Court of Victoria – whether court should go behind costs orders – where respondents failed to file applications to set aside bankruptcy notices within required time – where respondents claim to have genuine and arguable claims which exceed the costs orders – where applicants alleged to have engaged in course of conduct such that sequestration orders should not be made – sequestration orders made PRACTICE AND PROCEDURE – where respondents took steps to interfere with the proper hearing of creditor’s petition – where rulings made during the hearing so as to best promote the overarching purpose
27 Aug 2025 |  DOWNES J


Costs
Special Gold Pty Ltd (in liq) v Dyldam Developments Pty Ltd (subject to a Deed of Company Arrangement) (No 3) [2025] FCA 1031
COSTS – whether indemnity costs payable after plaintiff’s refusal of defendants’ offer of compromise – whether rejection of offer unreasonable – well-established factors considered – plaintiff to pay defendants’ costs on indemnity basis
27 Aug 2025 |  JACKMAN J


Practice and Procedure
Palmer v Australian Securities and Investments Commission [2025] FCA 1025
PRACTICE AND PROCEDURE – respondent’s application to strike out selected paragraphs of statement of claim as vague, embarrassing or failing to disclose a reasonable cause of action – additional application to enter summary judgment on certain claims as having no reasonable prospect of success as foreclosed by intermediate appellate authority – held pleading not susceptible to strike out and appellate authority distinguishable – interlocutory application dismissed.
27 Aug 2025 |  MCELWAINE J


Migration
RCLN v Minister for Immigration and Citizenship [2025] FCAFC 113
MIGRATION – where Administrative Appeals Tribunal decided not to revoke cancellation of appellant’s visa on character grounds – where appellant had been released into the community following the Full Federal Court’s decision in Pearson v Minister for Home Affairs [2022] FCAFC 203 – whether Tribunal’s decision was legally unreasonable due to erroneous assumption that the appellant had not been released into the community – appeal dismissed PRACTICE AND PROCEDURE – request for adjournment of the hearing of the appeal on the basis that the applicant was no longer legally represented dismissed
26 Aug 2025 |  PERRY, SARAH C DERRINGTON AND ABRAHAM JJ


Industrial Law
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 3) [2025] FCA 1012
INDUSTRIAL LAW – redetermination of penalties following successful appeal from the Federal Circuit and Family Court of Australia (Division 2) and setting aside of penalty order – where first respondent is in liquidation – penalties imposed on each of the respondents for contraventions of ss 45, 323(1) and 536(1) of the Fair Work Act 2009 (Cth)
27 Aug 2025 |  GOODMAN J


 

 

 

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