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

Practice and Procedure
Waratah Engineering Pty Ltd v Wollongong Resources Pty Ltd [2025] FCA 1050
PRACTICE AND PROCEDURE – application to transfer proceeding from Victorian District Registry to New South Wales District Registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court Rules 2011 (Cth) – application dismissed
1 Sep 2025 |  BENNETT J


Insurance
Insurance Australia Limited, in the matter of Insurance Australia Limited [2025] FCA 1044
INSURANCE – application for intra-group transfer of insurance business – application for partial dispensation of requirement for distribution of approved summary of scheme pursuant to s 17C(2)(c) of the Insurance Act 1973 (Cth) – whether distribution not necessary “because of the nature of the scheme or the circumstances attending its preparation” – application for dispensation allowed
1 Sep 2025 |  DERRINGTON J


Migration
Ives v Minister for Immigration and Multicultural Affairs [2025] FCA 1033
MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended that Tribunal did not comply with Ministerial Direction No. 110 – whether conviction for dangerous driving occasioning grievous bodily harm was a “violent crime” within the meaning of the Direction – violence includes the unlawful use, or threatened use, of physical force – no jurisdictional error established - application dismissed
1 Sep 2025 |  OWENS J


Practice and Procedure
Edwards v Nine Network Australia Pty Limited (No 9) [2025] FCA 1042
PRACTICE AND PROCEDURE – applicant’s application for recusal on the ground of apprehended bias – consideration of legal principles concerning apprehended bias – no sound basis for allegation of bias established – application dismissed PRACTICE AND PROCEDURE – application for remaining issues to be cross-vested to the Supreme Court of New South Wales pursuant to the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – separate proceedings concerning the validity of a solicitor, client costs agreement, existence of a lien and alleged disentitling conduct – interests of justice favour cross-vesting – application granted
28 Aug 2025 |  WIGNEY J


Corporations Law
Scott v Olde [2025] FCA 1014
CORPORATIONS – where the plaintiff seeks relief under ss 445D and 447A of the Corporations Act 2001 (Cth) terminating a deed of company arrangement (DOCA) and the administration of the third defendant and orders that the third defendant be wound up and a liquidator appointed – where the central pleaded allegation is one of alleged “corporate malfeasance” – where the plaintiff submits that the Court’s discretion to terminate the DOCA arises on at least one of six grounds – where the relevant law pertaining to each of the six grounds considered – where each ground addressed in seriatim – where each of the grounds advanced must fail – application dismissed with costs – orders made
22 Aug 2025 |  LEE J


Corporations Law
Australian Securities and Investments Commission v Open4Sale Global Ltd (No 2) [2025] FCA 1038
CORPORATIONS – failure by unlisted public company and two of its directors to comply with disclosure obligations when offering securities contrary to s 727(6) of the Corporations Act 2001 (Cth) (Corporations Act) – defendants each committing 101 contraventions – failure to lodge disclosure document with Australian Securities Investments Commission in relation to the offers – distribution of offer application forms unaccompanied by disclosure document – acts of directors attributed to company under s 1317QE of the Corporations Act – contraventions admitted, but directors seeking relief from liability under s 1317S and s 1318 of Corporations Act – directors continuing their contravening conduct after receiving legal advice – directors failing to discharge burden of proof with respect to asserted honesty – relief from liability refused – consideration of consequences of contravening conduct in context of extreme deficiencies in company’s record keeping – directors disqualified – pecuniary penalties imposed on directors – injunctions granted – whether there is a need for specific deterrence in respect of the company as a contravener in circumstances where the directors responsible for its contraventions are to be excluded from its management – whether the imposition of a pecuniary penalty on the company may adversely affect interests of the persons s 727 of the Corporations Act is intended to protect
29 Aug 2025 |  CHARLESWORTH J


 

 

 

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