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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• Published in the last thirty days

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Administrative Law
Avati v Secretary, Department of Employment and Workplace Relations [2026] FCA 1597
ADMINISTRATIVE LAW – where TAFE NSW refused to re-credit the applicant’s HELP balance after he withdrew from a course – where the applicant applied to review that decision in the Administrative Review Tribunal nearly five years later – where his application for an extension of time under s 19(2) of the Administrative Review Tribunal Act 2024 (Cth) was refused – appeal to the Court under s 172 – whether the appeal grounds identify or raise questions of law – whether the Tribunal treated the duration of the delay as effectively determinative – to what extent the Tribunal can take into account the merits of the underlying application for review – whether the Tribunal afforded the applicant procedural fairness
27 Oct 2026 |  STEWART J

Migration
Roseingrave v Minister for Immigration and Citizenship [2026] FCA 1602
MIGRATION – application for judicial review of decision of Administrative Review Tribunal – non-revocation of visa cancellation – where Tribunal bound by Ministerial Direction 110 issued under s 499 of Migration Act 1958 (Cth) – whether Tribunal erred by failing to engage adequately with representations concerning impact of non-revocation decision on applicant’s wife and son – whether Tribunal erred by failing to adequately engage with applicant’s asserted ties to people of Torres Strait – decision of Tribunal set aside
27 Oct 2026 |  MCDONALD J

Migration
EEN25 v Minister for Immigration and Citizenship [2026] FCA 1600
MIGRATION – application for leave to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for review of registrar’s decision to summarily dismiss application for judicial review of decision of Administrative Review Tribunal – where Tribunal found that it lacked jurisdiction to review decision of delegate of first respondent because application for review lodged outside prescribed period – where delegate refused to grant protection visa – application for leave to appeal dismissed
27 Oct 2026 |  MCDONALD J

Corporations Law
Nano v Sound Advice Australia Pty Ltd [2026] FCA 1608
CORPORATIONS – application by one of two company directors for appointment of provisional liquidator pursuant to s 472(2) of the Corporations Act 2001 (Cth) – breakdown of relationship between the two company directors – question as to present ability of company to acquit current liabilities – plaintiff has reasonable prospect of obtaining a winding up order in respect of the company on just and equitable grounds – good reason for intervention prior to final hearing of winding up application – application granted
27 Oct 2026 |  YOUNAN J

Practice and Procedure
Australian Property Scout Pty Ltd v Titus [2026] FCA 1610
PRACTICE AND PROCEDURE – Application for orders under Federal Court of Australia Act 1976 (Cth) pt VAA – Orders as to confidentiality of certain affidavit evidence and annexures – Where orders proposed by consent – Orders appropriate to be made – Public interest in open justice served by publication of short reasons – Orders made.
27 Oct 2026 |  SNADEN J

Costs
Janssen-Cilag Pty Ltd v Arrotex Pharmaceuticals Pty Ltd (Interlocutory Costs) [2026] FCA 1611
COSTS – costs of interlocutory application by non-parties – where application withdrawn in the course of oral argument – where non-parties acted unreasonably in commencing and pursuing interlocutory application
27 Oct 2026 |  JACKMAN J

Practice and Procedure
Comcare v Zakman [2026] FCA 1603
PRACTICE AND PROCEDURE – appeal from decision of the Administrative Review Tribunal – appeal allowed by consent
27 Oct 2026 |  GOODMAN J

Copyright
Hytera Communications Corporation Ltd v Motorola Solutions Inc (No 2) [2026] FCAFC 122
COPYRIGHT – infringement – reproduction of a substantial part – source code for firmware in digital mobile radios – whether firmware imported into Australia, and made available for download, was an adaptation of a substantial part of the respondent's works – whether the totality of the source code copied by the appellants was a substantial part of each copyright work – substantial part assessed by reference to the originality of the code copied, including the structure of the code and the choice and sequencing of commands – whether copied code lacked originality as derived from antecedent works – relevance of function, header files, architecture and quantity – relevance of an animus furandi (intention to copy) – substantial part established
7 Sep 2026 |  BEACH, O'BRYAN AND ROFE JJ

Practice and Procedure
Hamid v Australian Financial Complaints Authority [2026] FCA 1587
PRACTICE AND PROCEDURE – Objection to competency under r 31.05 of the Federal Court Rules 2011 (Cth) – where application is for judicial review of decision by the Australian Financial Complaints Authority – whether impugned decision susceptible to judicial review – whether applicant should be granted leave to reconstitute proceeding into competent form – proceeding dismissed
26 Oct 2026 |  MOORE J