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.

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Practice and Procedure
Rachelle v Victorian Institute of Teaching (Summary Dismissal) [2026] FCA 1038
PRACTICE AND PROCEDURE – application for summary dismissal of appeal on a question of law from the Administrative Review Tribunal – whether the appeal was made within time – whether there is a question of law disclosed – whether the applicant has reasonable prospects of successfully prosecuting the appeal – whether the appeal is vexatious, frivolous or an abuse of process – whether there has been a failure to comply with r 33.12(2) of the Federal Court Rules 2011 (Cth) justifying summary dismissal of the appeal - Held: appeal summarily dismissed
30 Jul 2026 |  WHEELAHAN J

Corporations Law
Australian Securities and Investments Commission v Brite Advisors Pty Ltd (Receivers and Managers Appointed) (in liq) (No 4) [2025] FCA 1698
CORPORATIONS — Receivers and Managers appointed over trust assets of company in liquidation — whether Receivers are justified in adopting proposed interim distribution orders — where company commingled trust assets and failed to keep proper financial records — where vast majority of trust assets comprise a deficient mixed fund — whether deficient mixed fund should be pooled and distributed on a pari passu basis by reference to beneficiaries’ verified entitlements — where tracing beneficiaries’ interests in specific assets in the deficient mixed fund would be impractical and economically unreasonable — interim distribution orders made in terms proposed by the Receivers CORPORATIONS — surrender rebate arrangements — where outstanding surrender rebate balances are properly characterised as loans to recipient beneficiaries — where Receivers consider it appropriate that surrender rebate balances be offset against recipient beneficiaries’ verified entitlements — where certain of the recipient beneficiaries contend their surrender rebate balances should not be offset against their entitlements or, if they are to be offset, should be discounted — claim by certain of the recipient beneficiaries refused CORPORATIONS — interest on beneficiaries’ cash holdings — where certain of the cash-holding beneficiaries contend that interest should be retrospectively applied to their cash balances recorded as at the date of Receivers’ appointment — where retrospective application of interest to beneficiaries’ cash balances would alter the distribution of the deficient mixed fund and prejudice non cash-holding beneficiaries — claim by certain of the cash-holding beneficiaries refused
15 Sep 2025 |  O'SULLIVAN J

Superannuation
Wolbers, in the matter of an application by Wolbers (Bankrupt) [2026] FCA 1018
SUPERANNUATION – application for order that applicant is not a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) – where applicant and wife are the two trustees and members of a self-managed superannuation fund within the meaning of s 17A of the Superannuation Industry (Supervision) Act 1993 (Cth) – where applicant is an undischarged bankrupt – application granted
30 Jul 2026 |  MEAGHER J

Costs
B.M.D. Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 4) [2026] FCA 1037
COSTS – application for costs of successful interlocutory application by applicant to strike out certain paragraphs of first respondent’s amended defence – where first respondent pleaded non-admissions in amended defence – whether discretion to award costs under s 570 of the Fair Work Act 2009 (Cth) enlivened – whether first respondent acted unreasonably in pleading and resisting applicant’s interlocutory application – whether first respondent caused applicant to incur costs – whether discretion to award costs should be exercised – no order for costs
30 Jul 2026 |  MEAGHER J

Appeal and New Trial
Watts v Chopsonion Pty Ltd (Controllers Appointed) [2026] FCAFC 99
APPEAL AND NEW TRIAL – appeal seeking to overturn findings of fact – findings based partly on findings of credit – complex factual scenario – appeal requiring foundational assessment of evidence before the trial judge – primary judge’s findings based on misconstruction of documents and omission to assess evidence in context – failure to have regard to undeniable inferences – findings set aside – appeal allowed BANKING AND FINANCE – interest – application of recoveries – where lenders received funds under settlement with proposed purchaser of equipment – where funds distributed to lenders – whether recoveries were applied in reduction of principal or accrued interest – whether primary judge erred in concluding recoveries reduced principal indebtedness CORPORATIONS – accessorial liability for breaches of directors’ duties – where company obtained funding for acquisition of abattoir equipment for on-sale to third party purchaser – where funding obtained on basis of documents allegedly misrepresenting the purchase price and payment of a deposit – where excess funds subsequently paid to related entities – where director and shadow director not party to the proceedings – whether primary judge erred in finding appellants were created or provided impugned documents and thereby participated in fraudulent and dishonest design – whether findings supported by evidence – appeal allowed CONSUMER LAW – misleading or deceptive conduct – where documents provided in support of funding application represented purchase price of equipment and payment of deposit – whether primary judge erred in finding appellants created or provided impugned documents – whether appellants engaged in misleading or deceptive conduct or were involved in contraventions by shadow director – appeal allowed DAMAGES – causation and reliance – where lenders advanced funds in reliance on information provided in support of funding application – whether primary judge erred by assessing causatio
30 Jul 2026 |  CHARLESWORTH, DERRINGTON AND JACKSON JJ

Practice and Procedure
QB4 Capital Pty Limited v Wengel (Stay Application) [2026] FCA 1036
PRACTICE AND PROCEDURE – application for stay of distribution of trust assets pending determination of leave to appeal – where receivers consider that full amount of trust assets must be retained pending determination of leave to appeal – where applicants are not willing to give an undertaking as to damages concerning the consequences of the full amount being retained – where undertaking as to damages inadequate – application dismissed
29 Jul 2026 |  JACKMAN J

Corporations Law
Kasaragh Investments Pty Ltd as trustee for the Kasaragh Investment Trust v Enablo Pty Limited [2026] FCA 1009
CORPORATIONS – application for an order under s 247A of the Corporations Act 2001 (Cth) authorising inspection of the books of the first defendant – where application is made by a former member – where the applicant must demonstrate that the application is made in good faith and for a purpose connected with applying for leave under s 237 of the Act – where the applicant proposes to bring a proceeding based upon: (1) alleged breaches of a shareholders agreement; (2) alleged oppressive conduct; and (3) a derivative proceeding involving alleged contraventions of ss 180 to 182 of the Act and breaches of fiduciary duty by the directors of the company – where the proposed derivative proceeding does not appear to be for the benefit of the company in circumstances where it does not appear that the impugned conduct could have caused any detriment to the company – applicant failed to demonstrate that the application is made in good faith and for a purpose connected with applying for leave under s 237 of the Act – application dismissed
30 Jul 2026 |  GOODMAN J

Practice and Procedure
PF1 Solutions Pty Ltd (in liq) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 4) [2026] FCA 1011
PRACTICE AND PROCEDURE – application for leave to file a further amended statement of claim – leave granted PRACTICE AND PROCEDURE – application for further security for costs – quantum of security to be ordered only issue – security in an amount of $75,000.00 to be provided PRACTICE AND PROCEDURE – application for discovery of documents – application overly broad – limited discovery ordered
30 Jul 2026 |  GOODMAN J

Legal Professional Privilege
Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd (No 3) [2026] FCA 1019
PRIVILEGE – legal professional privilege – third party report – investigation of alleged misconduct of employees concerning certificates of analysis – report subject to legal professional privilege but privilege waived by reason of disclosure in an Australian Securities Exchange announcement which stated that: (1) the investigation had identified that approximately 45 to 50 per cent of the certificates of analysis were manually amended without justification in the company’s laboratories in Newcastle, Mackay, Gladstone and Emerald since 2007; and (2) no evidence of bribery or other third-party payments involving ALS staff had been found or indicated – determination of the extent to which the waiver of those subject matters amounted to a waiver of the whole report – held: privilege waived over most but not all of the report
30 Jul 2026 |  GOODMAN J

Industrial Law
Boyd v Roadworx Surfacing Pty Ltd [2026] FCA 1012
INDUSTRIAL LAW – appeal from order made by the Federal Circuit and Family Court of Australia (Division 2) dismissing an application by the appellant for relief based upon an alleged contravention of s 340 of the Fair Work Act 2009 (Cth) – where primary judge was satisfied that the appellant had exercised a workplace right, and proposed to exercise another workplace right, but was also satisfied that the termination of the appellant’s employment was not because the appellant had exercised or proposed to exercise such rights – where primary judge was satisfied that the respondent had discharged its onus under s 361 of the Act – where an email from the appellant to SafeWork NSW was not relied upon by the appellant but was addressed by the primary judge and held not to have involved the exercise of a workplace right (and if it did involve the exercise of a workplace right, the termination of the appellant’s employment did not occur because of such an exercise) – where the appellant contends that the primary judge’s fact finding process miscarried and that findings made by the primary judge were glaringly improbable – where the appellant contends that the primary judge failed to afford her procedural fairness with respect to her email to SafeWork NSW – where the appellant contends that she was denied procedural fairness because the primary judge interrupted her questioning during cross-examination of the respondent’s witnesses – no ground of appeal made out – appeal dismissed
30 Jul 2026 |  GOODMAN J

Practice and Procedure
Scott v Scott (Recusal Application) [2026] FCA 1022
PRACTICE AND PROCEDURE – application for recusal – conduct of case management of Full Court appeal and hearing appeal – litigant in person – alleged reasonable apprehension of bias, prejudice and prejudgment – order 1 of application dismissed – order 2 of application stood over to date of Full Court appeal, to be heard by single judge in first instance and, if unsuccessful, by Full Court – order 3 of application dismissed
21 Jul 2026 |  NEEDHAM J

Representative Proceedings
Prygodicz v Commonwealth of Australia (Robodebt settlement) [2026] FCA 1029
REPRESENTATIVE PROCEEDINGS — Robodebt scheme — fiasco in public administration — ministerial incompetence — failure of relevant Ministers and public servants to ascertain unlawfulness of scheme — knowledge of or reckless indifference to such unlawfulness — tort of misfeasance in public office — new evidence coming to light as a result of a Royal Commission — setting aside of original settlement — resolution of appeal proceedings — amendments to claims in the proceedings — new deed of settlement — settlement approval under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) — funding commission — discussion of return on investment methodology — common fund order made — settlement approved — settlement distribution scheme ordered under s 33V(2) — consequential orders
23 Jun 2026 |  BEACH J

Practice and Procedure
Blue Dragon Pty Ltd v Huang [2026] FCA 1035
PRACTICE AND PROCEDURE – application to set aside or vary orders made ex parte on the basis of material non-disclosure – where application depends on disputed matters which should more appropriately be resolved at final hearing – where materiality not established – where significant delay not sufficiently explained – application dismissed PRACTICE AND PROCEDURE – application for delivery up of first respondent’s personal devices used during his employment with the applicant for forensic imaging – where first respondent is entitled to resist an order for production of his devices on the ground of the privilege against self-incrimination or self-exposure to penalty – where limited affidavit evidence given not inconsistent with maintaining privilege over materials not yet disclosed – application dismissed
29 Jul 2026 |  JACKMAN J

Practice and Procedure
Storey, in the matter of Britton v Britton [2026] FCA 1021
PRACTICE AND PROCEDURE — Service of documents — Application for deemed service on second respondent — Where second respondent emailed court — Where second respondent attended hearing — Whether there is evidence the relevant documents had been brought to the attention of the second respondent — Application granted
26 Jun 2026 |  WHEATLEY J

Practice and Procedure
Gao v Australian Information Commissioner [2026] FCA 1023
PRACTICE AND PROCEDURE – appeal before the Full Court – where appellant is self-represented – where appellant has filed an amended notice of appeal – where respondent seeks extension of time to file a notice of objection to competency – leave granted – where respondent applies for summary judgment – application to be heard on the papers – where appellant seeks to appeal dismissal of interlocutory judgments at first instance – leave granted to serve any application for leave to appeal – communication and conduct under the Litigants in Person Practice Note (GPN-LIP) – appellant to read Practice Note and sign required acknowledgement
17 Jul 2026 |  NEEDHAM J

Practice and Procedure
ACN 603 710 274 Pty Ltd (in liq) formerly known as Klyp Australia Pty Ltd v Nabi [2026] FCA 1032
PRACTICE AND PROCEDURE – Application by liquidator for default judgment against former director of company in liquidation – where company’s records show loan account as between it and former director – where company incurred debts while insolvent – where director failed to file a defence and attend hearings in the proceedings – whether pleaded case appropriately gives rise to the relief sought – application granted
15 Jul 2026 |  DERRINGTON J

Costs
Kimber v Clark in his capacity as trustee of the property of Kimber (No 4) [2026] FCA 997
COSTS – costs orders made by Full Court for assessment of costs on party and party basis – whether costs amount is fair and reasonable in circumstances involving uplift of costs if respondent successful in primary proceedings – where proceedings are protracted and complicated
30 Jul 2026 |  BURLEY J

Practice and Procedure
Auerbach v Seven Network (Operations) Ltd (Costs) [2026] FCA 987
PRACTICE AND PROCEDURE — no point of principle – application by the respondent for indemnity costs in respect of the applicant’s interlocutory application for summary judgment and other relief – where the applicant’s application was brought without reasonable cause and contained serious allegations which lacked foundation – indemnity costs ordered
23 Jun 2026 |  WHEELAHAN J

Corporations Law
Calvisi (Liquidator) v GRL Pty Ltd (in liq), in the matter of GRL Pty Ltd [2026] FCA 1030
CORPORATIONS – Application by liquidator of trustee company for appointment as receiver of trust property – where books and records of company unclear as to the assets acquired and liabilities incurred in capacity as trustee – declarations sought as to the liquidator’s assumptions in relation to real property owned by company – whether appropriate to grant relief – orders made
10 Jul 2026 |  DERRINGTON J

Practice and Procedure
Frigger v Eastwood Law Pty Ltd [2026] FCA 1028
PRACTICE AND PROCEDURE – Application for leave to appeal against decision dismissing application to restrain lawyers from acting – where underlying proceedings concern whether vexatious proceedings orders should be made – whether decision attended with sufficient doubt to warrant reconsideration by Full Court – application dismissed
9 Jul 2026 |  DERRINGTON J