Browse Federal Court Judgments

Practice and Procedure
Snow v Judicial Registrar Birchall [2025] FCA 885
PRACTICE AND PROCEDURE – reasonable apprehension of bias – application for judicial review of decision of registrar to refuse to accept documents for filing – where applicant had sought leave to appeal orders preventing him from relying on proposed ground of appeal to Full Court – where proposed ground of appeal sought to criticise conduct of organisation – where judge had been member of management committee of organisation – whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to hearing of proceeding
MCDONALD J - 1 Aug 2025

Bankruptcy
Harris v Moses, in the matter of Harris [2025] FCA 886
BANKRUPTCY — application to set aside a bankruptcy notice or in the alternative to extend time for compliance with the bankruptcy notice pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth) — where applicant subject to judgment debt — where no application for stay of the judgment — where applicant failed to adduce any evidence as to financial circumstances — whether appropriate to exercise discretion in s 41(6A) — application dismissed
O'SULLIVAN J - 1 Aug 2025

Corporations Law
Preston, in the matter of the Forum Group of Companies Pty Ltd (in liq) [2025] FCA 883
CORPORATIONS – application for judicial advice or direction – distribution of assets realised of various companies affected by large scale fraud – where competing legal and equitable interests in the discrete assets (including proceeds of assets sold) of multiple companies – whether applicants, in their capacity as liquidators and or receivers, are justified in the proposed distribution – Held: orders made by way of judicial advice
CHEESEMAN J - 1 Aug 2025

Equity
Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Relief) [2025] FCA 882
EQUITY – Reasons for final orders made consequential on determination of liability
CHEESEMAN J - 21 May 2025

Migration
DVRL v Minister for Immigration and Citizenship [2025] FCA 876
MIGRATION – Administrative Review Tribunal decision to affirm delegate of Minister of Immigration and Citizenship not to grant a protection visa – where applicant affected by NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 280 CLR 137 and would remain in community on a bridging visa if protection visa not granted – application of Ministerial Direction 110 to decisions regarding non-citizens affected by NZYQ – whether Tribunal required to consider risk applicant posed if protection visa not granted – HELD: Tribunal decision set aside
BROMWICH J - 1 Aug 2025

Representative Proceedings
Cannan v The Reject Shop Ltd (No 2) [2025] FCA 879
REPRESENTATIVE PROCEEDINGS – interlocutory application for leave to file an amended originating application and statement of claim – application to amend expands group member definition and includes new claims for relief – amended group member definition and new claims proposed to be related back to commencement of proceeding – amendment and relation back sought in circumstances of apparent mistake by applicant’s legal representatives in defining group members – fact of mistake accepted – consideration of discretionary factors including delay, character of mistake and prejudice to parties – leave granted for amendments to originating application and pleading – no relating of claims back to commencement of action – amendments to take effect from the date of application
SNADEN J - 1 Aug 2025

Corporations Law
Albarran in his capacity as administrator of State Road Constructions (Administrators Appointed) v Ferrazzano (No 2) [2025] FCA 837
CORPORATIONS – alleged misappropriation of property – urgent ex parte application for freezing and ancillary orders and warrants for the search and seizure of property – whether proof of “good arguable case” on accrued or prospective cause of action – whether danger of unsatisfied prospective judgment – whether proof of concealment or removal of property – application made under rr 7.32 and 7.35 of the Federal Court Rules 2011 (Cth) and s 530C of the Corporations Act 2001 (Cth) – application granted
DERRINGTON J - 23 May 2025

Bankruptcy
Sandhu v Owen (No 2) [2025] FCA 878
BANKRUPTCY - sequestration order based on costs order - application for review of decision of Registrar - application for extension of time to file review application - ground alleging bankruptcy notice and creditor's petition have not been issued in good faith because original decision was erroneous and outside jurisdiction and tainted by fraud and collusion - ground alleging costs order on which the petition debt is based was erroneous and unreasonable - ground alleging service of bankruptcy notice invalid - ground alleging creditor's petition served not given to Official Receiver contrary to s 13 Bankruptcy Regulations 2021 (Cth) - extension of time granted - review application dismissed
JACKSON J - 1 Aug 2025

Human Rights
Magar v Khan [2025] FCA 874
HUMAN RIGHTS – discrimination – harassment on the ground of sex and sexual harassment – where applicant alleged harassment on the ground of sex and sexual harassment by the principal and sole director of her employer – where alleged conduct clearly amounted to sexual harassment within meaning of s 28A of Sex Discrimination Act 1984 (Cth) (SD Act) if established – where respondent denies all alleged conduct – whether comments about other female employees was conduct “in relation to” to complainant when made in her presence, and thus harassment on the ground of sex within the meaning of s 28AA of the SD Act – whether the applicant discharged the onus of proof to establish that the alleged conduct occurred – HELD: respondent contravened s 28B(2) and (3) of the SD Act by sexually harassing applicant HUMAN RIGHTS – victimisation – where correspondence from applicant’s lawyers informed respondent her intention to further pursue complaint of sexual harassment – whether sending of purported concerns notices under s 12A of the Defamation Act 2005 (NSW) caused detriment to applicant and amounted to victimisation contrary to s 47A of SD Act – HELD: respondent contravened s 47A of SD Act
BROMWICH J - 1 Aug 2025

Industrial Law
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Opal Packaging Australia Pty Ltd [2025] FCA 875
INDUSTRIAL LAW – enterprise agreements – principles of construction for enterprise agreements – whether dispute resolution clause requiring “status quo remain” obliged employer to maintain pre-dispute environment – where employer had recommenced drug and alcohol testing using a different methodology after dispute resolution clause invoked by union – HELD: clause did not prevent employer from exercising discretion to recommence drug and alcohol testing; application dismissed
BROMWICH J - 1 Aug 2025

Administrative Law
National Disability Insurance Agency v Jones [2025] FCA 877
ADMINISTRATIVE LAW – construction of s 25 of the National Disability Insurance Scheme Act 2013 (Cth) – “early intervention supports” – requirements of s 25(3) – where decision-maker required to be satisfied that early intervention support for the person not most appropriately funded or provided through the National Disability Insurance Scheme – where early intervention supports not identified – where psychiatric report recommended clinical supports – decision of Tribunal attended by error of law – matter remitted for reconsideration
COLLIER J - 31 Jul 2025

Industrial Law
Mbuzi v World Vision Australia [2025] FCA 866
INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court – primary judge dismissed claim that the respondent had contravened s 45 of the Fair Work Act 2009 (Cth) – appellant alleged hearing was invalid because respondent was legally represented without leave in breach of s 548(5) – jurisdiction of Court in small claims proceedings considered – appellant alleges hearing was conducted without sufficient notice – no denial of procedural fairness – asserted errors regarding primary judge’s assessment of evidence not established – no error in attribution of onus of proof – appeal dismissed
RANGIAH J - 29 Jul 2025

Bankruptcy
Phillips v Carrafa, in the matter of Phillips (Bankrupt) [2025] FCA 870
BANKRUPTCY – application for annulment of bankruptcy – whether sequestration “ought not to have been made” – turns on whether “real debt” owed by bankrupt to petitioning creditor – contract with “Seaford Dental Clinic” – effect of bankrupt being the holder of the registered business name – whether annulment order should be made in the exercise of discretion – bankrupt has not established solvency – bankrupt has not provided information sought by trustee in bankruptcy – delay of two years in bringing application for annulment – application refused PRACTICE AND PROCEDURE – adjournment application – late application – inadequate explanation – previous non-compliance with timetabling orders – public interest in bankruptcy matters being determined expeditiously – application refused
HILL J - 31 Jul 2025

Industrial Law
Police Federation of Australia (Victoria Police Branch) v Chief Commissioner of Police (Victoria) [2025] FCA 865
INDUSTRIAL LAW – Interpretation of enterprise bargaining agreement – construction of overtime payment provisions – where agreement provides for half hour overtime threshold – whether half hour threshold applies to overtime in respect of both daily and fortnightly ordinary hours of work – whether time worked in excess of ordinary daily hours but below half hour threshold may be aggregated in determining entitlement to fortnightly overtime payment
MCELWAINE J - 31 Jul 2025

Appeal and New Trial
X Corp v eSafety Commissioner [2025] FCAFC 99
APPEAL AND NEW TRIAL – appeal from judgment dismissing an application for judicial review – where primary judge made findings as to the meaning and application of foreign law after hearing competing expert evidence – whether primary judge erred in preferring the opinion of an expert – role of appellate court in determining ground of appeal alleging error in findings concerning foreign law – whether error in construction of law of Nevada relating to the merger of entities. STATUTORY INTERPRETATION – whether non-compliance with statutory requirements for the content of an infringement notice issued under the Regulatory Powers (Standard Provisions) Act 2014 (Cth) had the consequence that the infringement notice was valid
MURPHY, CHARLESWORTH AND HORAN JJ - 31 Jul 2025

Practice and Procedure
Angel Holdco Pty Ltd v WIJOAV Services Pty Ltd [2025] FCA 872
PRACTICE AND PROCEDURE – application for leave to appeal – application for expedition – where the primary judge delivered judgment on liability issues but not quantification issues – where the quantum hearing is listed for November 2025 – where the defendants at first instance sought leave to appeal the liability judgment – where the respondents sought expedition of the application for leave to appeal and any appeal – whether appropriate case for expedition – whether the applicants had established that they would suffer substantial injustice if leave to appeal were refused – application for leave to appeal dismissed – application for expedition dismissed
MOSHINSKY J - 29 Jul 2025

Practice and Procedure
George v Registrar Parkyn [2025] FCA 873
PRACTICE AND PROCEDURE – applications for judicial review – applicant did not appear at final hearing and correspondence indicates intention not to further prosecute or engage with proceedings – proceedings dismissed on Court’s own motion for want of prosecution and for failure of applicant to attend hearing
MCDONALD J - 30 Jul 2025

Copyright
Watson Webb Pty Ltd v Comino [2025] FCA 871
DESIGN – entitlement – identification of co-designer for purposes of s 13(1)(a) of the Designs Act 2003 (Cth) (Designs Act) – whether first respondent was only person whose mind conceived relevant shape, configuration, pattern or ornamentation applicable to article in question and reduced it to visible form – where design combined features that could be found in prior art – where a visual feature internal and constrained by function – whether first reduction to visible form can occur via multiple documents created on different occasions – where second applicant co-designer DESIGN – validity – whether designs are new or distinctive over prior art base – whether designs are substantially similar in overall impression – s 16(2) of the Designs Act – s 19 of the Designs Act – regard to freedom to innovate – more weight to be given to similarities than differences – whether confidential document forms part of prior art base – minor visual differences – where designs valid DESIGN – infringement – whether first applicant’s products identical or substantially similar in overall impression to registered designs – relevant test – consideration of similarities and differences – infringement not established – application for relief for unjustified threats pursuant to s 77 of the Designs Act – whether impugned letter constituted a threat or mere notification pursuant to s 80 of Designs Act – operation of s 78 and whether conduct to which the threats relate constitute, or would constitute, infringement – whether discretion should be exercised not to grant relief for unjustified threat – threat not established COPYRIGHT – infringement under s 36 of Copyright Act 1968 (Cth) (Copyright Act) – where design drawings copied to obtain design registration – whether respondents had implied licence – whether respondents entered into common design or authorised infringement – application of s 75 and s 77 of Copyright Act to design drawings – infringement establis
HALLEY J - 30 Jul 2025

Native Title
Morgan on behalf of the Wiluna #4 Native Title Claim Group v State of Western Australia [2025] FCA 859
NATIVE TITLE – application for consent determination of native title under s 87 of the Native Title Act 1993 (Cth) – whether all requirements satisfied – whether appropriate to make orders – consent determination made
HILL J - 30 Jul 2025

Practice and Procedure
Snow v Secretary, Department of Social Security [2025] FCAFC 98
PRACTICE AND PROCEDURE – Application for adjournment – Consideration of s 37M Federal Court of Australia Act 1976 (Cth) – Appellant’s health conditions – Unchallenged evidence of health conditions – Appellant litigant in person – Inadequate opportunity to present case – Delay – Interests of Justice
O’CALLAGHAN, GOODMAN AND MEAGHER JJ - 21 Jul 2025