Browse Federal Court Judgments

Costs
Wanambi for himself and on behalf of the Marraŋu People of East Arnhem Land v Wanambi (No 2) [2026] FCA 926
COSTS – application for costs by successful respondent –costs awarded
O'BRYAN J - 15 Jul 2026

Practice and Procedure
Pandey v Minister for Immigration and Citizenship [2026] FCA 927
PRACTICE AND PROCEDURE – application for adjournment – where no evidence that appellant had made efforts to find legal representation – where medical evidence insufficient to justify adjournment – application for adjournment refused MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship not to grant the appellant a Student (Temporary) (Class TU) (Subclass 500) visa – where none of the grounds of appeal relied on demonstrates error by the primary judge – appeal dismissed
JACKMAN J - 15 Jul 2026

Administrative Law
Huynh v Secretary, Department of Social Services [2026] FCA 906
ADMINISTRATIVE LAW – appeal under s 172 of the Administrative Review Tribunal Act 2024 (Cth) from a decision of the Administrative Review Tribunal – where the applicant is self-represented – where the respondent objected to the competency of the notice of appeal on the basis that it failed to disclose a question of law – notice of objection to competency upheld – notice of appeal dismissed without leave to amend
NESKOVCIN J - 14 Jul 2026

Trusts and Trustees
Larkspur Tribeca Ltd v iSignthis Ltd [2026] FCA 908
TRUSTS AND TRUSTEES – Construction of trust deed – principles applicable to construction of trust deeds –requirement for certainty of subject of trust – where assets subject of trust are shares and rights to shares – where rights to shares convert subject to milestones being met – whether trust assets mere expectancy – chose in action as trust asset EQUITY – Participation in the wrongdoing of a trustee – Barnes v Addy – liabilities as a knowing recipient –– liabilities as a knowing assistant – claims not established EQUITY – Rectification – rectification of a deed –whether common intention established – insufficient contemporaneous materials supporting alleged common intention – claim not established CONSUMER LAW – Misleading and deceptive conduct – representation as to a future matter – allegation of misleading and deceptive conduct by “making” an agreement – claim not established EQUITY – Remedies – equitable compensation for breach of trust – where breach involved failure to transfer shares – compensation to be assessed at time of judgment – expert evidence as to price and value of shares
NESKOVCIN J - 14 Jul 2026

Practice and Procedure
Chiodo v Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) [2026] FCA 909
PRACTICE AND PROCEDURE – subpoenas – application for leave to appeal from interlocutory judgment dismissing application to set aside subpoenas for certain bank statements sought by receivers – whether primary judgment attended by sufficient doubt – whether applicant would suffer substantial injustice if leave to appeal were to be refused – primary judge had proper basis for conclusions regarding subpoenas – no substantial injustice where nearly all bank statements sought under subpoena were produced to receivers in another proceeding – application dismissed
MCEVOY J - 14 Jul 2026

Corporations
Olsen, in the matter of Babyskin Laser and Cosmetic Clinic Pty Ltd (Administrators Appointed) (No 2) [2026] FCA 917
CORPORATIONS - application under s 90-15 of Sch 2 of the Corporations Act 2001 (Cth) for judicial directions and advice - application granted - application under s 37AF of the Federal Court of Australia Act 1976 (Cth) for a suppression order on the ground that it is necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a) - application granted
VANDONGEN J - 9 Jun 2026

Practice and Procedure
The Owners – Strata Plan No 17415 v Australian Securities and Investments Commission [2026] FCA 920
PRACTICE AND PROCEDURE – application for review of a decision of a Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) – where the Registrar made no order as to costs – re-hearing de novo – costs orders to be made in favour of the plaintiff
MCEVOY J - 13 Jul 2026

Costs
Minister for Immigration and Citizenship v Singh (Application for Costs Certificate) [2026] FCAFC 91
COSTS – application for costs certificate – where the Court allowed appeal and ordered that the first respondent pay the appellant’s costs – application for a costs certificate under the Federal Proceedings (Costs) Act 1981 (Cth) – application granted
RANGIAH, MCDONALD AND YOUNAN JJ - 14 Jul 2026

Taxation
Little Monster Productions Pty Ltd v Screen Australia [2026] FCA 902
PRACTICE AND PROCEDURE – application for extension of time to appeal from a decision of the Administrative Review Tribunal (Tribunal) in relation to a determination by the respondent of its qualifying Australian production expenditure and a Producer Offset Certificate under Div 376 of the Income Tax Assessment Act 1977 – where there were two decisions of the Tribunal – where the Tribunal was originally asked to determine the proceeding via separate questions – where the Tribunal delivered its findings in relation to the first questions (the first Tribunal decision) – whether this was a “decision” of the Tribunal under s 172 of the Administrative Review Tribunal Act 2024 (Cth) (ART Act) – whether an extension of time to appeal from that “decision” should be granted TAXATION – appeal from a decision of the Tribunal - where the applicant withdrew its application following the first Tribunal decision – where the applicant then sought to have its review application reinstated under s 102 of the ART Act – where the applicant alternatively sought an extension of time under s 19 of the ART Act to file a further review application in relation to the first Tribunal decision - where the Tribunal heard the parties and concluded that the first Tribunal decision was affected by jurisdictional error and was a “nullity” (the second Tribunal decision) – where the respondent cross-appeals on the basis that this reasoning was in error – where the applicant contends that the Tribunal has not made a decision in relation to its application for an extension of time to apply for a further review – whether the second Tribunal decision was made without jurisdiction – whether the Tribunal determined the applicant’s application for an extension of time
KENNETT J - 14 Jul 2026

Corporations
Matrix Composites and Engineering Ltd, in the matter of Matrix Composites and Engineering Ltd (No 2) [2026] FCA 915
CORPORATIONS – scheme of arrangement – application for approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth) – acquisition of 100% of shares in plaintiff in return for cash consideration – scheme approved by necessary majorities of shareholders – orders made approving scheme
JACKSON J - 13 Jul 2026

Practice and Procedure
Patrick v Director-General of the Australian Submarine Agency [2026] FCA 914
PRACTICE AND PROCEDURE — application to limit the maximum costs in the appeal in the sum of $5,000 as between party and party pursuant to r 40.51 of the Federal Court Rules 2011 (Cth) — where the applicant appeals from a decision of the Administrative Review Tribunal pursuant to s 172 of the Administrative Review Tribunal Act 2024 (Cth) — where the appeal the subject of the application concerns questions regarding the construction of s 34 of the Freedom of Information Act 1982 (Cth) — where the appeal the subject of the application involves a matter of significant public interest — where the appeal the subject of the application raises matters that have not been judicially considered — where the merits of the grounds of appeal are not strong — where the nature of the appeal the subject of the application is confined — where the applicant will not be forced to abandon the appeal if orders to limit the maximum costs in the sum of $5,000 are not made but may choose to do so — orders made to limit the maximum costs as between party and party in the sum of $20,000
O'SULLIVAN J - 13 Jul 2026

Practice and Procedure
White Oak Commercial Finance Europe (Non-Levered) Ltd v Insurance Australia Ltd (IA Costs) [2026] FCA 919
PRACTICE AND PROCEDURE – costs – where the applicant (White Oak) filed an interlocutory application to further amend its pleadings – where certain respondents (BCC/TM) opposed the application – where BCC/TM’s contentions were largely accepted by the Court at the hearing of the application – where, after the hearing, the parties reached agreement as to which amendments should be permitted – held: White Oak to pay BCC/TM’s costs of the application
THAWLEY J - 13 Jul 2026

Corporations
Australian Securities and Investments Commission v Merhi (No 4) [2026] FCA 916
CORPORATIONS – travel restraint – where travel restraint order against the first defendant had been in place for some time – where the first defendant applied to vacate the travel restraint order or for a carve out from the travel restraint order – where the prerequisites for the making of a travel restraint order no longer existed – travel restraint order vacated
MOSHINSKY J - 9 Jul 2026

practice and Procedure
Lee v Benbrika (No 2) [2026] FCA 907
PRACTICE AND PROCEDURE – urgent application for interim suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) – where publication of material could undermine security of persons involved in deradicalisation program – where publication could undermine effectiveness of program methodology – whether sufficient risk of prejudice to administration of justice and to interests of Commonwealth and State or Territory – interim orders made
RANGIAH J - 3 Jul 2026

Migration
Jakkireddy v Minister for Immigration and Citizenship [2026] FCA 913
MIGRATION – Application for leave to appeal summary dismissal – out of time – application dismissed – no issue of principle.
MCELWAINE J - 10 Jul 2026

Migration
Ceitinn v Minister for Immigration and Citizenship [2026] FCA 887
MIGRATION – Judicial review of Minister’s decision under s 501BA Migration Act 1958 (Cth) to set aside a decision of former Administrative Appeals Tribunal and cancel applicant’s visa – where applicant convicted of fraud offences as part of “predatory”, “well-organised” and “very sophisticated” criminal enterprise – where applicant’s visa cancelled by Minister’s delegate under mandatory cancellation provisions – where Minister’s delegate decided not to revoke mandatory cancellation – where Tribunal decided to revoke cancellation – where Minister set aside Tribunal’s decision – whether Minister fundamentally misunderstood nature of power under s 501BA – whether Minister exercised power within reasonable time – whether Minister erred in not seeking information from applicant or Department – whether Minister formed state of satisfaction as to the national interest unreasonably, illogically or irrationally – whether Minister considered all legal consequences of the decision – application dismissed
COLLIER J - 10 Jul 2026

Migration
AJS23 v Minister for Immigration and Citizenship [2026] FCA 885
MIGRATION – Application for relief under s 39B Judiciary Act 1903 (Cth) – judicial review of decision of Federal Circuit and Family Court of Australia (Division 2) refusing to grant an extension of time to appeal from decision of former Administrative Appeals Tribunal – where Tribunal affirmed Minister’s decision refusing a protection visa – where applicant was Ethiopian national from region of Oromia – where United Nations International Commission of Human Rights Experts on Ethiopia published report one month before Tribunal decision – where report indicated specific investigations confined to regions of Tigray and Amhara – where primary Judge invited written submissions about relevance of report – whether report “relevant country information” – whether primary Judge considered submissions of applicant – appeal allowed – matter remitted for rehearing
COLLIER J - 10 Jul 2026

Migration
Happi v Minister for Immigration and Citizenship [2026] FCA 889
MIGRATION – Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of former Administrative Appeals Tribunal – where Tribunal affirmed decision to refuse grant of partnership visa – where applicant declared one past relationship but omitted several other past relationships in visa application – application of Public Interest Criterion 4020 – whether omissions false or misleading – whether Tribunal’s conclusions based on illogical or irrational process of reasoning – appeal dismissed
COLLIER J - 10 Jul 2026

Administrative Law
BEG26 v Child Support Registrar [2026] FCA 892
ADMINISTRATIVE LAW – child support – appeal from Administrative Review Tribunal – objection to child support decision lodged outside prescribed statutory time limit – where delegate of Child Support Registrar purported to extend time after application for extension of time deemed refused under s 83(2) of Child Support (Registration and Collection) Act 1988 (Cth) – where delegate allowed objection – where parties agree Tribunal erred in affirming objection decision – whether delegate had power to allow objection after deemed refusal of extension of time – whether Tribunal had power to affirm decision allowing objection – appeal allowed – delegate’s decision to allow objection set aside
MCDONALD J - 10 Jul 2026

Migration
BFK19 v Minister for Immigration & Multicultural Affairs [2026] FCA 905
MIGRATION – appeal from decision of primary judge dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant the appellant a Protection (Class XA) visa – where the appellant relies on the ground of appeal that the Tribunal made a jurisdictional error by considering a criterion for the grant of the visa which had not been considered by the delegate – where that ground of appeal is not made out on a factual basis – where that ground of appeal is of no real merit – appeal dismissed
JACKMAN J - 10 Jul 2026