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

BII17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1376
MIGRATION - appeal from the Federal Circuit Court - whether appellant should be granted leave to file new ground of appeal not before the Circuit Court - consideration of statutory scheme in Part 7AA of the Migration Act 1958 (Cth) and appellate jurisdiction of Federal Court of Australia in determining whether to grant leave - whether the Authority erred in its application of section 473DD of the Act - whether there were 'exceptional circumstances' to justify the Authority taking into account 'new information'- appeal dismissed.
28 Sep 2020 |  ANASTASSIOU J

Consumer Law
Australian Competition and Consumer Commission v Woolworths Group Limited (formerly called Woolworths Limited) [2020] FCAFC 162
CONSUMER LAW - whether statements featured on the labels affixed to the packaging of disposable crockery and cutlery products that those products were "Biodegradable and Compostable" conveyed representations that those products were capable of biodegrading and composting because of the nature of the materials of which they were composed - whether, in all the circumstances and in the context in which such statements were made, either in the alternative or in addition, they conveyed representations as to future matters, namely, that those products would biodegrade and compost within a reasonable time if they are disposed of and treated in accordance with established methods and processes

Practice and Procedure ; Intellectual Property
CPL Notting Hill Pty Ltd v Microsoft Corporation [2020] FCA 1399
PRACTICE AND PROCEDURE - application for stay pursuant to r 41.03 of the Federal Court Rules 2011 (Cth) - respondents brought claim in Federal Circuit Court and were awarded damages - appeal allowed with orders that there be a retrial and that respondents pay costs of appeal - respondents claim damages at second trial - appellants have given evidence of impecuniosity - whether respondents should pay appeal costs prior to determination of retrial
29 Sep 2020 |  O'CALLAGHAN J

Corporations Law
Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395
CORPORATIONS - gold mining group - insolvency - voluntary administration - deed of company arrangement - rival deeds of company arrangement - dual track process - inadequacy of sale process - recapitalisation - capital raising of $85 million - role of administrators - conflict of interest - relevance of work prior to administration - adequacy of investigation - report to creditors - deficiency in report to creditors - precluding creditors from considering rival deeds of company arrangement - failure to adjourn second meeting of creditors - terminating deed of company arrangement - liquidation - application under ss 445D and 447A of Corporations Act 2001 (Cth) - COVID-19 special measures - relief refused
29 Sep 2020 |  BEACH J

Practice and Procedure ; Defamation
Bayles by his litigation representative Bayles v Nationwide News Pty Limited (No 3) FCA 1397
PRACTICE AND PROCEDURE -- application for suppression or non-publication order -- where information in question consists of deed of release, independent advice and a trust deed, whether order necessary to prevent prejudice to the proper administration of justice
28 Sep 2020 |  KATZMANN J

Bayles by his litigation representative Bayles v Nationwide News Pty Limited (No 2) [2020] FCA 1393
DEFAMATION -- application for approval of settlement -- where applicant is a minor, whether settlement in his best interests
27 Sep 2020 |  KATZMANN J

Practice and Procedure ; Intellectual Property
Rauland Australia Pty Ltd v Law (No 2) [2020] FCA 1400
PRACTICE AND PROCEDURE - application for release from Harman undertakings regarding documents produced during standard discovery - documents sought to be used for separate proceeding in New Zealand - whether special considerations - where documents likely to be relevant in separate proceeding - where documents likely to be tendered in evidence or formally read in open court - where documents of a confidential nature - whether Court can accept undertakings from New Zealand practitioners - applicant relieved from Harman undertaking
25 Sep 2020 |  STEWART J

Corporations Law
Kenquist Nominees Pty Limited ATF The Kenquist Superannuation Fund v Campbell (No 6) [2020] FCA 1388
CORPORATIONS - representative proceeding - application for Court approval of proposed settlement - whether terms of proposed settlement fair and reasonable
29 Sep 2020 |  MCKERRACHER J

Practice and Procedure ; Representative Proceedings
Kemp v Westpac Banking Corporation (No 2) [2020] FCA 1392
PRACTICE and PROCEDURE - representative proceeding - consumer credit insurance policies - case management -- scope of discovery - consideration of overarching purpose - whether broad order for discovery of emails is appropriate having regard to the issues in dispute and the overarching purpose - form of opt out orders - whether appropriate that opt out notice contains a link to a video prepared by the applicant
25 Sep 2020 |  O'BRYAN J

Practice and Procedure ; Corporations Law
Sovereign Point Pty Ltd v Gu (No 2) [2020] FCA 1377
PRACTICE AND PROCEDURE - application to set aside default judgment - whether discretion under r 39.05 of the Federal Court Rules 2011 (Cth) should be exercised - where no adequate explanation for default - where no adequate explanation for significant delay in bringing application to set aside default judgment - where applicant settled proceedings with another respondent following default judgment - serious prejudice to applicant that would not be adequately compensated by award of costs or security would arise if default judgment set aside - application dismissed
28 Sep 2020 |  DAVIES J

Westpac Banking Corporation v Smith [2020] FCA 1360
BANKRUPTCY AND INSOLVENCY - Application for inquiry into conduct of receivers pursuant to s 423 of the Corporations Act 2001 (Cth) - whether length of engagement by receivers of a hotel consultant in addition to a licencee manager of licenced gaming hotel raised a prima facie case requiring inquiry - where length of receivership extended due to conduct of mortgagor and its director - where mortgagor obtained statutory assessment that significantly reduced mortgagee's and receivers' legal costs and disbursements chargeable against mortgagor under securities - where lack of qualifications for expert giving evidence tendered in support of application for inquiry -whether conduct of receivers liable to attract sanctions or control for what might be broadly described as disciplinary reasons, including lack of diligence - held: inquiry refused
08 Sep 2020 |  RARES J