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.

• Published today
• Published this week
• Published in the last thirty days

Health Law
Secretary, Department of Health and Aged Care v CDA Clinics QLD Pty Ltd trading as CDA Express [2026] FCA 1623
HEALTH LAW – where first respondent contravened s 42DLB(1) of the Therapeutic Goods Act 1989 (Cth) by advertising therapeutic goods not entered on the Australian Register of Therapeutic Goods, making prohibited and restricted representations and referring to substances included in Schedule 3, 4 or 8, but not Appendix H, of the Poisons Standard February 2021 and Poisons Standard June 2021 – whether advertisements constituted advice or information given directly to patients by health practitioners in the course of treatment for the purposes of s 42AA(4) – where second respondent was involved in the first respondent’s contraventions for the purposes of s 42YC – contraventions established PENALTY – amount of pecuniary penalties to be imposed pursuant to s 42Y of the Therapeutic Goods Act 1989 (Cth) – course of conduct principle – totality principle – general and specific deterrence – penalties imposed
30 Oct 2026 |  COLLIER ACJ

Practice and Procedure
Singh v State of Queensland (Queensland Police Service) [2026] FCA 1596
PRACTICE AND PROCEDURE – application to strike out parts of amended statement of claim – alternative application for partial summary dismissal – negligence and breach of statutory duty – whether claims disclose no reasonable cause of action – principles applicable to strike out and summary dismissal – caution in exercise of summary powers – claim not shown to disclose no reasonable cause of action – application dismissed NEGLIGENCE – police officers – alleged duty of care owed to person under investigation – existence and scope of alleged duty dependent upon factual findings BREACH OF STATUTORY DUTY – Police Powers and Responsibilities Act 2000 (Qld) – Police Service Administration Act 1990 (Qld) – Human Rights Act 2019 (Qld) – whether statutory scheme discloses intention to confer private right of action – existing authority not binding – competing statutory constructions
30 Oct 2026 |  COLLIER ACJ

Privilege
Henderson v Commonwealth Broadcasting Corporation Pty Ltd (Legal Professional Privilege) [2026] FCA 1632
PRIVILEGE – whether claims for legal professional privilege over certain documents are established – where evidence and inspection of documents shows that they were created for the sole or dominant purpose of obtaining legal advice – where documents created by internal legal team created in a professional capacity and with sufficient independence from employer to attract privilege – where unsent drafts created for dominant purpose of obtaining legal advice – where documents were confidential when created and remained confidential PRIVILEGE – whether legal professional privilege over certain documents was waived – where arguments advanced about state of mind of parties – where content of documents themselves not put in issue – insufficient to lay open the documents to scrutiny
30 Oct 2026 |  JACKMAN J

Costs
Majak v State of Victoria (No 2) [2026] FCA 1634
COSTS — indemnity costs — application for different costs orders following summary dismissal of proceedings — where applicant seeks no order as to costs or, alternatively, costs on a party and party basis — principles governing award of indemnity costs — whether the circumstances of the proceedings justified departure from the ordinary rule as to costs — whether the applicant’s status as a self-represented litigant militated against an award of indemnity costs — where proceedings were found to have no prospects of success and to constitute an abuse of process — where applicant contends proceedings raised genuine constitutional questions and were not commenced dishonestly, recklessly or for an improper purpose — whether the absence of dishonesty, improper purpose or litigation misconduct rendered an award of indemnity costs inappropriate — where proceedings against State related to matters the subject of extensive prior litigation — where proceedings against Commonwealth sought to re-agitate issue of applicant’s bankruptcy which had previously been litigated and determined — where applicant had been informed prior to hearing of deficiencies in proceeding against Commonwealth and given opportunity to discontinue without an order as to costs — whether the applicant’s submissions justified a different costs order — application refused
29 Oct 2026 |  O'SULLIVAN J

Practice and Procedure
Hudson Global Investments Pty Ltd v Elkerton [2026] FCA 1577
PRACTICE AND PROCEDURE – application for leave for non-lawyer to represent plaintiff corporation – where purpose of proceeding is to benefit a third party, being the sole shareholder of the plaintiff – where proposed representative has a conflict – whether leave for sole director and shareholder to appear on behalf of plaintiff company should be granted PRACTICE AND PROCEDURE – application by defendant liquidator for security – where impecunious corporate plaintiff has not established that the proceeding will be stultified – where proceeding is for the benefit of a third party – whether security for costs should be granted – quantification of security
29 Oct 2026 |  MOORE J

Taxation
AusNet Services Limited v Commissioner of Taxation [2026] FCA 1609
TAXATION – goods and services tax – decreasing adjustments – where the applicant was the head of a GST group that included an electricity distributor (AES) – where AES supplies connection services and supply services – where AES required by regulatory regime to comply with Guaranteed Service Levels – where AES required to make Guaranteed Service Level payments (GSL Payments) if it failed to meet Guaranteed Service Levels – where the applicant contended that the GSL Payments gave rise to decreasing adjustments under Div 19 or Div 134 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) – whether the relevant services were supplied by AES directly to customers or by AES to the retailer and by the retailer to the customers – whether the GSL Payments gave rise to decreasing adjustments
29 Oct 2026 |  MOSHINSKY J

Practice and Procedure
Barnden (Trustee) v Ross, in the matter of Chami (Bankrupt) (substituted service) [2026] FCA 1633
PRACTICE AND PROCEDURE – substituted service on corporate respondent – no point of principle – attempts at registered office unsuccessful – director said to reside overseas – caveat identifies solicitor and provides solicitor’s office as address for service – extension of time to file statement of claim. Held: substituted service orders made – time for filing statement of claim extended.
29 Oct 2026 |  CHEESEMAN J