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 Australia and New Zealand Banking Group Limited (No 3) [2023] FCA 1565
CORPORATIONS - continuous disclosure - pecuniary penalty - where, in an earlier judgment, the Court found that the defendant had contravened s 674(2) of the Corporations Act 2001 (Cth) - where the maximum penalty at the relevant time was $1 million - consideration of applicable principles - consideration of appropriate penalty - held: penalty of $900,000 imposed
08 Dec 2023 | MOSHINSKY J
Migration
BBY21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1567
MIGRATION - appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) - where appellant sought removal to Kenya but respondents failed to facilitate removal - where appellant no longer wants to be removed to Kenya - where appellant now seeks removal to Thailand - where the appellant does not want to proceed with the appeal and the appeal lacks utility - appeal dismissed
08 Dec 2023 | RAPER J
Corporations Law
Lucky v Ives [2023] FCA 1571
CORPORATIONS - application for leave pursuant to s 237 of the Corporations Act 2001 (Cth) to take steps to defend proceedings - where the company imminently faces an application for default judgment - where joint directors cannot agree on the appointment of solicitors - whether the scope of the leave granted should be limited - leave granted
08 Dec 2023 | JACKMAN J
Insurance
Rheem Australia Pty Ltd v Mitsui Sumitomo Insurance Company Ltd [2023] FCA 1570
INSURANCE - separate questions hearing - indemnity sought pursuant to industrial special risks policy - claim in relation to electrical arcing event in combination fuse switch unit - whether "electric wiring" exclusion applies -expert evidence as to construction of "electric wiring" - whether indemnity available under "fusion" clause
11 Dec 2023 | JACKMAN J
Costs ; Migration
Trail (A Pseudonym) v Secretary, Department of Home Affairs (Costs) [2023] FCA 1563
COSTS - where substantive hearing adjourned on two previous occasions - whether the respondent should pay the applicant's costs of preparation for, and attendance at the first vacated hearing on 12 May 2022 - whether parties should otherwise pay their own costs or the applicant should pay the respondent's costs of the proceedings - where no departure from the usual rule that costs follow the event, other than with respect to adjourned hearings on 12 May 2022 and 14 September 2022
11 Dec 2023 | HALLEY J
Bankruptcy
Bechara v Bates (No 3) [2023] FCA 1559
BANKRUPTCY - appeal from orders made by the Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia) following review of a decision made by a registrar to make a sequestration order against the estate of the appellant - where review is a hearing de novo - whether primary judge erred in finding that the Federal Circuit Court's jurisdiction was invoked under s 43 of the Bankruptcy Act 1966 (Cth) - the proper construction of s 43(1)(b) of the Bankruptcy Act - whether subss 43(1)(b)(i) to (iii) of the Bankruptcy Act are to be read cumulatively and not alternatively - whether Re Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR 256 is plainly wrong - whether Re Vassis; Ex parte Leung (1986) 9 FCR 518 is plainly wrong - whether primary judge erred in analysis of evidence against rr 4.04, 4.05 and 4.06 of the Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) - whether primary judge erred in finding that non-compliance with the Bankruptcy Rules was not of such a nature as to cause substantial injustice within the meaning of s 306(1) of the Bankruptcy Act - whether primary judge erred in finding that appellant was required to comply with r 2.04 and r 2.06 of the Bankruptcy Rules on a review application - appeal dismissed
11 Dec 2023 | MARKOVIC J
Migration
Johnson v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1558
MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the first respondent to refuse to grant a visa - whether Tribunal made a jurisdictional error in relation to the primary consideration of the expectations of the Australian community - whether the Tribunal restricted itself to the principles in paragraph 5.2 of Direction No. 90 - Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA - application dismissed
11 Dec 2023 | MARKOVIC J
Migration
Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193
MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the AAT application for merits review of the Minister's non-revocation decision of the appellant's visa cancellation was made out of time - whether notification of the non-revocation decision by email to the appellant's then solicitor constituted proper notification - whether personal delivery of the notice to the appellant or his representative required for the purpose of s 501G(3) and regulation 5.02 - required notice given - appeal dismissed.
11 Dec 2023 | BURLEY, LEE AND RAPER JJ
