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

Native Title
Appleton v State of Queensland [2023] FCA 45
NATIVE TITLE - non-claimant application for determination of native title under s 61(1) of the Native Title Act 1992 (Cth) ('NTA') - determination sought under s 86G of the NTA that no native title exists over the determination area - whether within power and appropriate to make orders sought - order made in terms sought
02 Feb 2023 |  SARAH C DERRINGTON J


Practice and Procedure ; Discovery
Pan v Hampton Accelerate Pty Ltd [2023] FCA 46
PRACTICE AND PROCEDURE - interlocutory application - application for non-standard discovery - rules 20.13, 20.15 and 20.17 of the Federal Court Rules 2011 (Cth) - principles referrable to an order for discovery - whether applicant has established the onus of satisfying the court that the documents sought are necessary - application dismissed
02 Feb 2023 |  COLLIER J


Practice and Procedure ; Migration
ZXXZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1595
PRACTICE AND PROCEDURE - application for adjournment - application by consent - where proceeding already fixed for final hearing - where Applicant in detention - where application made following Applicant obtaining interstate pro bono legal representation - where no evidence filed in support of application - where proposed consent orders would see final hearing of the proceeding adjourned to at least April 2023 - application refused
06 Dec 2022 |  LOGAN J


Costs
Hakea Holdings Pty Ltd v McGrath (No 3) [2023] FCA 39
COSTS -- whether costs should be awarded on an indemnity basis in light of a failure to accept an offer of compromise
02 Feb 2023 |  YATES J


Corporations Law
Hutton, in the matter of Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48
CORPORATIONS - urgent application - originating process seeking an order pursuant to s 447A of the Corporations Act 2001 (Cth) (Act) that Part 5.3A is to apply to the second plaintiff as though the appointment of the first plaintiffs as voluntary administrators on 26 January 2023 was valid - where evidence suggests the second plaintiff is likely insolvent - where contrary to s 201A(1) of the Act, the Company's sole director did not ordinarily reside in Australia at the time Company resolutions appointing the administrators were passed - where the Company's sole director purported to resign as a director shortly before Company resolutions were passed - where the application is granted
02 Feb 2023 |  ANDERSON J


Corporations Law
Rathner, in the matter of Citius Property Pty Ltd (Administrator Appointed) [2023] FCA 26
CORPORATIONS - proposed extension of convening period for second meeting of creditors under s 439A of the Corporations Act 2001(Cth) -Court satisfied that extending administration is in the best interests of creditors
24 Jan 2023 |  O'BRYAN J


 

 

 


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