Browse Federal Court Judgments

Administrative Law
McGinn v Federal Court of Australia [2025] FCA 787
ADMINISTRATIVE LAW – application for judicial review under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) – where Registrar refused filing of originating application on grounds that document was an abuse of Court process, frivolous or vexatious – Registrar’s decision was correct PRACTICE AND PROCEDURE – application for summary judgment pursuant to r 26.01(e) on basis of respondent’s submitting notice – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v High Court of Australia (No 2) [2025] FCA 795
ADMINISTRATIVE LAW – application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) (AD(JR) Act) and the Judiciary Act 1903 (Cth) seeking reasons pursuant to s 13 of the AD(JR) Act for Registrar’s decision to seek direction under r 6.07.1 of the High Court Rules 2004 (Cth) – where Registrar’s decision not a decision to which s 13 applies – application must be dismissed PRACTICE AND PROCEDURE – application for summary judgment pursuant to r 26.01(1)(e) of the Federal Court Rules 2011 (Cth) on basis that respondent filed submitting notice – application dismissed PRACTICE AND PROCEDURE – consideration of whether grounds might exist for making a vexatious proceedings order against applicant pursuant to s 37AO of Federal Court of Australia Act 1976 (Cth) – question deferred to future hearing
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v High Court of Australia [2025] FCA 794
PRACTICE AND PROCEDURE – application for disqualification – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 793
ADMINISTRATIVE LAW – application under s 39B of the Judiciary Act 1903 (Cth) for writs of prohibition to restrain Registrars of the Federal Court from refusing to accept documents for filing on grounds of “competency and jurisdiction” under r 2.26 of the Federal Court Rules 2011 (Cth) – where alleged that Registrar’s refusal to accept originating application for filing was ultra vires – where Registrar’s decision was correct in circumstances where Court lacked jurisdiction to hear proposed proceeding – application dismissed PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2)(c) on grounds of respondent’s submitting notice and failure to respond to applicant’s genuine steps statement – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 792
PRACTICE AND PROCEDURE – application for disqualification on grounds of actual bias – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 791
ADMINISTRATIVE LAW – application for judicial review under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) (AD(JR) Act) and s 39B of the Judiciary Act 1903 (Cth) – where Registrar refused filing of originating application on grounds that document was an abuse of court process, frivolous or vexatious – where decision is not a decision to which AD(JR) Act applies – application dismissed PRACTICE AND PROCEDURE – application for summary judgment pursuant to r 26.01(1)(e) of the Federal Court Rules 2011 (Cth) on basis of respondent’s submitting notice – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 790
PRACTICE AND PROCEDURE – application for disqualification – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 789
ADMINISTRATIVE LAW – application for review of Registrar’s decision – application dismissed PRACTICE AND PROCEDURE – application for summary judgment – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 788
PRACTICE AND PROCEDURE – application for disqualification – dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 786
ADMINISTRATIVE LAW – application for written reasons under s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where decision rejected application that proceedings NSD1867/2024 be heard by a Full Court under s 20(1A) of the Federal Court of Australia Act 1976 (Cth) – where decision was judicial rather than administrative and therefore s 13 does not apply – application dismissed PRACTICE AND PROCEDURE – application for default judgment and summary judgment on basis of respondent’s submitting notice – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 785
PRACTICE AND PROCEDURE – application for recusal – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 783
PRACTICE AND PROCEDURE – application for disqualification – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 784
ADMINISTRATIVE LAW – application for judicial review under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of Registrar decision to refuse application for filing – where Registrar’s decision correct – application dismissed PRACTICE AND PROCEDURE – application for summary judgment on basis of respondent’s submitting notice – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd [2025] FCA 768
Catchwords: PRACTICE AND PROCEDURE – request by party to issue a subpoena against a non-party foreign corporation and for substituted service of that subpoena outside Australia – proposed recipient a Singapore company – request refused
HILL J - 11 Jul 2025

Administrative Law
McGinn v Federal Court of Australia (No 2) [2025] FCA 782
ADMINISTRATIVE LAW – application for written reasons under s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where decision rejected application that proceedings NSD1825/2024 be heard by a Full Court under s 20(1A) of the Federal Court of Australia Act 1976 (Cth) – where decision was judicial rather than administrative and therefore s 13 does not apply – application dismissed PRACTICE AND PROCEDURE – application for default judgment and summary judgment on basis of respondent’s submitting notice – application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Federal Court of Australia [2025] FCA 781
PRACTICE AND PROCEDURE – application for disqualification – application dismissed
JACKMAN J - 3 Jul 2025

Administrative Law
McGinn v Australian Information Commissioner (No 2) [2025] FCA 780
ADMINISTRATIVE LAW – application for judicial review under r 31.01 of the Federal Court Rules 2011 (Cth) seeking relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth) in respect of decision of delegate of respondent – where delegate decided not to investigate applicant’s complaint pursuant to s 41(1) of the Privacy Act 1988 (Cth) – where Court concerned only with legality of decision, not merits – applicant’s five alleged grounds considered – originating application dismissed
JACKMAN J - 3 Jul 2025

Practice and Procedure
McGinn v Australian Information Commissioner [2025] FCA 779
PRACTICE AND PROCEDURE – application for disqualification – application dismissed
JACKMAN J - 3 Jul 2025

Costs
Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 770
COSTS – application to waive fees for setting down and hearing a proceeding pursuant to Sch 1 of the Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) – scope of the discretion to waive fees under reg 2.03(1) of the Regulations – consideration of factors found to be relevant to discretion – fees waived
BURLEY J - 11 Jul 2025

Migration
AHA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 760
MIGRATION - appeal from Federal Circuit and Family Court of Australia - where appellant's application for protection visa was refused - where appellant provided new information to the Immigration Assessment Authority (Authority) through screenshots of the appellant's Facebook posts about his political beliefs and activities in Australia - where an active hyperlink to the appellant's Facebook profile was provided to the Authority - where leave to amend notice of appeal sought to advance a new ground of appeal in circumstances where it was a legal reformulation of the same fundamental complaint, no new evidence was sought to be adduced on appeal and the reformulated ground of appeal had merit - consideration of whether there was jurisdictional error in a failure by the Authority to consider the appellant's Facebook profile by not clicking the active hyperlink - consideration of whether clicking the active hyperlink would have indicated to the Authority that the appellant's Facebook profile was publicly accessible - where the active hyperlink was found to be not included within the new information provided to, or requested by, the Authority - consideration of whether there was jurisdictional error by the Authority in failing to consider whether to exercise its power under s 473DC of the Migration Act 1958 (Cth) to get new information by clicking on the active hyperlink or whether the Authority unreasonably exercised its power by refusing to do so - consideration of materiality in the context of alleged legal unreasonableness - determined that it was legally unreasonable for the Authority not to consider getting new information by clicking on the active hyperlink due to the ease of accessing the information and the significance of the information to specific claims of the appellant - leave to amend notice of appeal granted and appeal allowed
COLVIN J - 11 Jul 2025