Browse Federal Court Judgments

Corporations Law
Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) v Filippini (No 2) [2025] FCA 1138
CORPORATIONS – freezing orders – application to vary existing freezing orders to cover all assets of the relevant respondents – whether freezing orders should differentiate between the respondents, with different frozen amounts for each respondent – whether certain assets held on trust should be subject to the freezing orders
MOSHINSKY J - 11 Sep 2025

Practice and Procedure
Frugtniet v Mansfield as trustee for the bankrupt estate of Frugtniet [2025] FCA 1137
PRACTICE AND PROCEDURE – application for a stay – where the appellants have sought a stay of the primary judge’s orders – whether such stay should be granted
KENNETT J - 11 Sep 2025

Corporations Law
Deputy Commissioner of Taxation v PAD & Sons Pty Ltd [2025] FCA 1131
CORPORATIONS - application for review of Registrar’s decision to wind up company – procedural irregularities with application – company wound up on failure to comply with a statutory demand – company raised objections to the decision challenging the basis of the company’s liability under the statutory demand – objections should have been raised in an application to set aside the demand – refusal of leave to rely on those grounds – failure of company to prove otherwise that it is solvent – no reason not to exercise the discretion to wind up an insolvent company – application dismissed
OWENS J - 12 Sep 2025

High Court and Federal Judiciary
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131
HIGH COURT AND FEDERAL COURT – question of correct approach to remittal and subsequent appeal – where equally divided decision of six High Court Justices resulted in preceding Full Federal Court decision being affirmed pursuant to s 23(2)(a) of Judiciary Act 1902 (Cth) – where, on remitter of Full Court’s decision, the primary judge was to determine residual issues “in light of” Full Court’s reasons – where primary judge upheld Full Court’s reasoning – where High Court had unanimously rejected Full Court’s reasoning HIGH COURT AND FEDERAL COURT – whether primary judge was bound to follow Full Court’s reasoning – doctrine of precedent considered – only unanimous or majority decisions of High Court have binding authority – where no seriously considered dicta of a majority in High Court decision – primary judge was bound HIGH COURT AND FEDERAL COURT – whether this Full Court is bound to follow previous Full Court’s reasoning – where ‘compelling reason’ to depart from Full Court’s reasoning, being the High Court’s criticism – Full Court not bound APPEAL AND NEW TRIAL – whether appeal can be allowed without finding error on part of primary judge – legal principles considered – ‘constructive error’ found, as distinct from criticism of primary judge’s approach PATENTS – whether claimed computer-implemented invention is a manner of manufacture within meaning of s 18(1A)(a) of the Patents Act 1990 (Cth) – approach of High Court’s allowing reasons adopted, as opposed to previous Full Court’s proposed alternative approach – where manner of manufacture depends on characterisation – where characterisation determined in light of specification as a whole – where appropriate approach to computer-implemented invention is whether subject matter is (i) an abstract idea manipulated on a computer; or (ii) an abstract idea implemented on a computer to produce an artificial state of affairs and useful result – claim 1 held to be a manner of manufacture
BEACH, ROFE AND JACKMAN JJ - 16 Sep 2025

Practice and Procedure
Simpson v Taylors Business Pty Ltd (No 2) [2025] FCA 1119
PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2) of the Federal Court Rules 2011 (Cth) in respect of part of an amended pleading – where respondent in default under r 5.22 – where respondent did not appear and failed to file a defence – where judgment reserved on separate questions – whether partial default judgment available – partial default judgment entered REPRESENTATIVE PROCEEDINGS – consideration of scheme for the return of goods – notice to group members – treatment of intermingled goods – procedure for funds obtained through sale of goods – whether payment to group members whose goods have been lost is appropriate at this stage of proceeding COSTS – application for lump sum costs order in respect of partial default judgment application
BENNETT J - 15 Sep 2025

Costs
McGinn v Australian Information Commissioner (Costs) [2025] FCA 1007
COSTS – costs order outstanding after proceedings stayed by way of vexatious proceedings order – power of Court to make orders for costs in the circumstances COSTS – lump-sum costs order appropriate in standalone application for a stay of proceedings – requirements for making of lump-sum costs order
NEEDHAM J - 26 Aug 2025

Mortgages
Waldren v Merricks Capital Pty Ltd [2025] FCA 1134
MORTGAGES – application for interlocutory relief to prevent appointment of receivers and enforcement of security over farm properties – whether serious question to be tried – whether purported enforcement of security prevented by the Farm Debt Mediation Act 1994 (NSW) where no exemption certificate has been issued – whether alleged failure by respondents to give effect to a contractual term led to present indebtedness – whether the balance of convenience favours the injunctions being sought – injunctions granted over farming businesses and rural properties but not otherwise
MOORE J - 15 Sep 2025

Corporations Law
Clubb (deed administrator), in the matter of Toys “R” Us ANZ Limited (subject to deed of company arrangement) [2025] FCA 1135
CORPORATIONS — deed of company arrangement — transfer of shares in company — s 444GA of the Corporations Act 2001 (Cth) — leave for deed administrators to effect transfer — effect of transfer — no unfair prejudice — interested party — relevance of options — modification of effect of s 444GA by utilising s 447A — observations on s 447A — orders made
BEACH J - 15 Sep 2025

Migration
Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1128
MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal not to overturn decision by delegate of the Minister to cancel the applicant's visa under s 501CA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in the Tribunal generally placing greater weight on the protection of the Australian community than the best interests of children - consideration of lawfulness of Direction No. 110 of the Migration Act 1958 (Cth) - consideration of procedural fairness reasoning in Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; (2001) 107 FCR 133 and Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 - where decision which did not treat the best interests of a child as a primary consideration not unlawful for procedural unfairness - alleged error as to consideration by the Tribunal of evidence of applicant's role in children's lives - where complaint amounted to weight to be given to evidence - where it is for the Tribunal to evaluate the significance of evidence - application dismissed
COLVIN J - 15 Sep 2025

Corporations Law
NSX Limited, in the matter of NSX Limited [2025] FCA 1133
CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) – whether partly paid shareholders constitute a separate class – de minimis considerations – whether restructured facility agreement with shareholder gives rise to net collateral benefit – other considerations - order made for convening of shareholders’ meeting
OWENS J - 9 Sep 2025

Contract
Torc Solutions Pty Ltd v Unex Corporation doing business as Hytorc [2025] FCA 1124
CONTRACTS – formation – where applicant and second respondent were parties to a Distributor Agreement – where closure of the second respondent announced – where applicant and first respondent executed a Branded Product Distribution Agreement – where applicant alleged that applicant and first respondent made an alternative agreement or that such agreement could be inferred from conduct – alternative agreement not established CONTRACTS – whether the Branded Product Distribution Agreement was entered into by reason of economic duress – economic duress not established CONTRACTS – interpretation – whether the Distributor Agreement was a perpetual agreement CONSUMER LAW – whether the respondents engaged in misleading or deceptive conduct or made misrepresentations – whether the respondents engaged in unconscionable conduct – whether the applicant is entitled to loss and damage – application dismissed
NESKOVCIN J - 12 Sep 2025

Practice and Procedure
Albarran v Reynolds, in the matter of Mercedes Group Pty Ltd (in liquidation) [2025] FCA 1129
PRACTICE AND PROCEDURE – application for a freezing order under s 23 of the Federal Court of Australia Act 1976 (Cth) and Div 7.4 of the Federal Court Rules 2011 (Cth) – prima facie good arguable case for final relief – danger of defendants absconding, removing assets from the jurisdiction or disposing or otherwise dealing with them within the jurisdiction – danger that judgment will go unsatisfied
FEUTRILL J - 11 Sep 2025

Practice and Procedure
Metledge v Woori International Pty Ltd, in the matter of TJM Holdings Group Pty Ltd [2025] FCA 1130
PRACTICE AND PROCEDURE – Application to stay winding up orders of a registrar pending final determination of an application for review of a decision of a registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – application for injunction restraining liquidators from making payments and taking steps to finalise winding up of a company – application for inquiry into the external administration of a company under Div 90 of Sch 2 to the Corporations Act 2001 (Cth) (Corporations Act) – test for the granting of the interlocutory relief – where applicant was not a party to the proceedings in which the registrar has exercised the power that is sought to be reviewed under s 35A of the FCA Act – whether Court should of its own motion review exercise of power by registrar pursuant to s 35A(6) of the FCA Act – where there was no serious question to be tried –– where balance of convenience did not point in any particular direction – orders made dismissing the interlocutory application
HALLEY J - 9 Sep 2025

Appeal and New Trial
RPPL Pty Ltd v Commissioner of Taxation [2025] FCA 1126
APPEALS – competency – notice of objection to competency of an appeal of a decision of the Administrative Review Tribunal to refuse application under s 14ZZK(a) of the Taxation Administration Act 1953 (Cth) to expand grounds of review of an objection decision under Pt IVC of the Act – whether the decision is the decision of the Tribunal in the proceeding within the meaning of s 172(1) of the Administrative Review Tribunal Act 2024 (Cth) – whether the appeal is on a question of law as required by that section – whether appeal competent – Held: appeal not competent, appeal dismissed PRACTICE AND PROCEDURE – application for a stay of the Tribunal proceeding pending determination of this proceeding – Held: application dismissed
CHEESEMAN J - 12 Sep 2025

Trusts and Trustees
Lin v Chu [2025] FCAFC 130
TRUSTS AND TRUSTEES – where respondents invested in secured income mortgage fund for purpose of obtaining a significant investor visa – where primary judge found that corporate trustee of fund committed breaches of trust by making three improper loans – where breaches of trust were dishonest and fraudulent – where primary judge found that appellant directors knowingly assisted in the dishonest and fraudulent design – where primary judge found that appellant directors knowingly procured or induced certain breaches – where primary judge found that appellant directors had actual knowledge of the relevant dishonest and fraudulent breaches of trust – where appellant directors did not contest finding of primary judge that corporate trustee was in breach of trust by making loans because they were imprudent investments in hazardous securities – where appellant directors did not contest finding of primary judge that two of the three loans were made for an improper purpose EQUITY – where primary judge held that a director of a trustee company, whose conduct is the conduct of the trustee that involves a breach of trust, can be liable either for knowingly procuring or inducing a breach or for knowingly assisting in a dishonest and fraudulent design – where primary judge awarded respondent directors equitable compensation – consideration of the so-called principle in Said v Butt [1920] 3 KB 497 – held that a director acting as such can knowingly induce or procure a breach of trust, or knowingly assist in a dishonest and fraudulent design, by a trustee company of which that person is a director, when the directors lack relevant bona fides because they acted in their own personal interest and contrary to the interests of the company in breach of their duties to it – held that in such circumstances the principle in Said v Butt has no application – where notice of contention allowed PRACTICE AND PROCEDURE – where appellants contended that pleas of accessorial liability were not properly plead
O’CALLAGHAN, O’BRYAN AND VANDONGEN JJ - 12 Sep 2025

Corporations Law
Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 4) [2025] FCA 1132
CORPORATIONS – public examinations underway – production of documents ordered from third party corporate entity and person with disclosed addresses in New Zealand – application for leave to serve orders in New Zealand in accordance with the law of New Zealand – orders made
BANKS-SMITH J - 12 Sep 2025

Intellectual Property
Jacksons Drawing Supplies Pty Ltd v Jackson's Art Supplies Ltd (No 2) [2025] FCA 1127
INTELLECTUAL PROPERTY - contraventions of s 18, s 29(1)(g) and s 29(1)(h) of the Australian Consumer Law and passing off - declarations - appropriate form of non-pecuniary relief - format of and content of website disclaimer - disclaimer not required to be published in other media COSTS - offers made before trial commenced - applicant's rejection of Calderbank offer not unreasonable - costs as between applicants and first and second respondents to be assessed on a party-party basis - applicant's rejection of offers from third and fourth respondents unreasonable - those respondents entitled to indemnity costs from certain date COSTS - parties each enjoyed some degree of success - whether costs of third and fourth respondents to be assessed separately - overall 15% discount on costs payable by first and second respondents - costs to be assessed on a lump sum basis by a Registrar
JACKSON J - 12 Sep 2025

Consumer Law
Anthony v Apple Inc [2025] FCA 902
COMPETITION LAW — representative proceeding against Apple by developers and users — representative proceeding against Google by developers and users — group members’ claims for overcharge — digital technology — Apple mobile devices — Android mobile devices — operating system software — smart phones — tablets — personal computers — native apps — web apps — web browsers — Apple’s App Store —Google’s Play Store — downloading apps — installing apps — app developers — access to platforms — two-sided platforms — platform operators — distribution services market — market for payment services — Apple and Google restrictive conduct in distribution market and payments market — imposition of restrictive contractual conditions — substantial lessening of competition — contraventions of s 46 of the Competition and Consumer Act 2010 (Cth) — alleged contraventions of ss 45 and 47 —unconscionable conduct — alleged contravention of s 21 of the Australian Consumer Law — counterfactual commissions in the absence of contravening conduct — overcharge of commission by Apple — overcharge of commission by Google — consequential relief
BEACH J - 12 Aug 2025

Bankruptcy
Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125
BANKRUPTCY – appeal from sequestration order made under s 43 of the Bankruptcy Act 1966 (Cth) – judgment debt statute-barred under s 13(1) of the Limitation Act 2005 (WA) – enforcement of debt contingent on grant of leave under s 13(1) of the Civil Judgments Enforcement Act 2004 (WA) – whether judgment debt payable immediately or at a certain future time under s 44(1) of the Act LIMITATION OF ACTIONS – limitation period for remedies for enforcement of judgment debts – application of s 13(1) of the Limitation Act 2005 (WA) to judgment debt – application of State remedies for enforcement of judgment debt under s 213 the Federal Circuit and Family Court of Australia Act 2021 (Cth) and r 25.11 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – application and interpretation of s 12 and s 13(1) of Civil Judgments Enforcement Act 2004 (WA)
FEUTRILL J - 12 Sep 2025

Migration
PYYV v Minister for Immigration and Multicultural Affairs [2025] FCA 1113
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal was engaged in merits review of decision of Minister’s delegate – where applicant’s visa had been cancelled as a result of his imprisonment for sexually based offending against a child – where controversy centred on existence of “another reason” why mandatory cancellation of applicant’s visa should be revoked – where Tribunal rejected expert’s finding that risk of reoffending was “negligible” in circumstances of conflicting expert evidence – where Tribunal found that any risk (other than a fanciful risk) was unacceptable due to nature of offending and upheld Minister’s decision not to revoke cancellation – whether Tribunal failed to comply with or misapprehended Direction No. 110 issued under the Migration Act 1958 (Cth) – whether Tribunal’s decision affected by legal unreasonableness – grounds focused predominantly on Tribunal’s evaluation of expert evidence and assessment of risk of reoffending – no jurisdictional error identified – appeal dismissed
SNADEN J - 11 Sep 2025