Browse Federal Court Judgments

Corporations Law
ST Private Investment Fund No 1 Pty Ltd v Agio Global Funds Management Pty Ltd [2026] FCA 1367
CORPORATIONS — Application for appointment of receivers and managers under s 23 and s 57 of the Federal Court of Australia Act 1976 (Cth) — Whether just or convenient to appoint receivers — Where there was evidence that the fund did not hold an Australian Financial Services Licence — Where sole director consented to the appointment of receivers — Where a majority of unitholders supported appointment — Receivers and managers appointed.
WHEATLEY J - 11 Sep 2026

Practice and Procedure
Tan v Commonwealth of Australia (Department of Defence) (No 2) [2026] FCA 1350
PRACTICE AND PROCEDURE - application to vacate hearing on basis that leave is being sought in light of direction under r 2.27(f) of the Federal Court Rules 2011 (Cth) - application denied
VANDONGEN J - 11 Sep 2026

Practice and Procedure
Yacouba v Key Assets The Children’s Services Provider (Australia) Limited (leave to appeal) [2026] FCA 1371
PRACTICE AND PROCEDURE – application for leave to appeal against interlocutory judgment – primary judge dismissed application under Federal Court Rules 2011 (Cth) r 39.05 to set aside previous order consolidating two proceedings – primary judge ordered that applicant’s affidavit containing scandalous material be removed from court file and that applicant be restrained from communicating directly or indirectly with respondent’s employees – primary judge was exercising procedural discretions - applicant’s arguments do not raise any arguable error of principle – leave to appeal refused COSTS – application for costs under Fair Work Act 2009 (Cth) s 570 – respondent alleged that the proceeding was instituted without reasonable cause, and the applicant had unreasonably continued proceedings – applicant is self-represented – costs order made
HILL J - 16 Sep 2026

Practice and Procedure
Khattabi v Jetstar Airways Pty Limited [2026] FCA 1372
PRACTICE AND PROCEDURE - recusal application - where the applicant unsuccessful in application – where substantive proceeding is an application for relief under the Fair Work Act 2009 (Cth)
ABRAHAM J - 16 Sep 2026

Environment Law
Save Wallum Incorporated v Clarence Property Corporation Limited (No 6) [2026] FCA 1365
ENVIRONMENTAL LAW – where the applicant has foreshadowed an appeal of a primary judgment and seeks an extension of an interim injunction under s 475(5) of the Environment Protection and Biodiversity Act 1999 (Cth) (EPBC Act) to preserve the habitat of various threatened species under the EPBC Act – where respondents proffered undertakings – whether appeal would be rendered nugatory if interim injunction was not granted
KENNETT J - 16 Sep 2026

Practice and Procedure
Crane v Gidley (Liquidator), in the matter of Steel City Formwork Pty Ltd (in liq) (No 2) [2026] FCA 1368
PRACTICE AND PROCEDURE – where leave to appeal in part granted in previous decision – where respondent filed notice of discontinuance signed by appellant and respondent – where terms of notice of discontinuance were to the effect of allowing the appeal – where parties ultimately sought discontinuance of appeal with no order as to costs – where parties sought removal of notice of discontinuance from Court file pursuant to r 2.28(1)(c)(ii) of the Federal Court Rules 2011 (Cth) – appeal dismissed by operation of r 36.73 of the Federal Court Rules 2011 (Cth)
MEAGHER J - 16 Sep 2026

Administrative Law
Kuksal v Administrative Review Tribunal [2026] FCA 1353
ADMINISTRATIVE LAW – application for judicial review and/or declarations in relation to decision of Administrative Review Tribunal – application for merits review of decision not to defer Court filing fees for applications to set aside bankruptcy notices – applicants made bankrupt during course of review application – Tribunal decided that applicants cannot continue with the application, then later dismissed the application under Administrative Review Tribunal Act 2024 (Cth) s 84 – bankruptcy notices have since been acted on, and sequestration orders made – any relief in this proceeding would be futile – originating application dismissed PRACTICE AND PROCEDURE – decision to deal with application without an oral hearing under Federal Court of Australia Act 1976 (Cth) s 20A(2) – no contradictor – subject-matter is application for judicial review – no real and relevant issue of fact – relevant legal issues can be dealt with adequately by written submissions PRACTICE AND PROCEDURE – letter from First Applicant treated as containing a recusal application – no reasonable apprehension of bias
HILL J - 16 Sep 2026

Consumer Law
Plus500AU Pty Ltd v AghaeiRad [2026] FCAFC 125
CONSUMER LAW – unfair contract terms – standard form electronic consumer contract – arbitration clause contained in agreement accepted by click-through process – transparency – significant imbalance in parties’ rights and obligations – reasonable necessity to protect legitimate interests – operation of internal dispute resolution, mediation and AFCA processes – arbitration clause held unfair and void under ss 12BF and 12BG of the Australian Securities and Investments Commission Act 2001 (Cth) ARBITRATION – application for stay and referral to arbitration under s 8(1) of the Commercial Arbitration Act 2010 (NSW) – arbitration agreement in consumer contract – legislative policy favouring arbitration – significance of arbitration clause in standard form consumer contract – whether arbitration agreement “null and void, inoperative or incapable of being performed” – effect of unfair contract terms regime on enforceability of arbitration agreement REPRESENTATIVE PROCEEDINGS – Pt IVA of the Federal Court of Australia Act 1976 (Cth) – application to stay representative proceeding and refer dispute to arbitration – effect on group members – interaction between arbitration agreements and representative proceedings – supervisory and protective role of Court in relation to absent group members – notice and substitution considerations – appropriateness of relief sought CONTRACTS – objective theory of contract – electronic contracting – click-wrap agreements – assent to online terms and conditions – incorporation of arbitration clause – significance of consumer understanding and contractual transparency
LEE, BANKS-SMITH AND STEWART JJ - 16 Sep 2026

Contracts
TLAS Pty Ltd as trustee for the TLAS Trust v Arrowes Roading Safety Pty Ltd [2026] FCA 1356
CONTRACTS – agreement for supply of an automatic cone truck – where purchaser claimed breach of warranty – where contractual terms took their meaning from the Australian Consumer Law (ACL) – whether the vehicle failed to meet guarantee of acceptable quality – whether failure of acceptable quality guarantee was a “major failure” – damages CONSUMER LAW – whether respondent vendor engaged in misleading or deceptive conduct in contravention of s 18 of the ACL – whether applicant relied on the alleged false representation
HESPE J - 16 Sep 2026

Consumer Law
Australian Competition and Customer Commissioner v Mosaic Brands Limited (No 2) [2025] FCA 1699
CONSUMER LAW – where large fashion retailer operated online websites for nine brands – the Australian Competition and Customer Commissioner (ACCC) alleged contraventions of ss 18, 36(4), 29(m)(1) and 102(2) of the Australian Consumer Law (being schedule 2 of the Competition and Consumer Act 2010 (Cth)) – where company went into administration and then liquidation – where ACCC granted leave to continue and matter proceeds undefended – two broad categories contraventions established: misleading representations concerning delivery times and misleading representations concerning warranties for defective products – pecuniary penalties ordered
WIGNEY J - 29 Aug 2025

Foreign Acquisitions
Commissioner of Taxation v Handojo (No 2) [2026] FCA 1363
FOREIGN ACQUISITIONS – acquisition of real property – residential property – contraventions of Foreign Acquisitions and Takeovers Act 1975 (Cth) – contraventions of s 96(1) concerning failure to comply with conditions of no objection notification – respondent failed to take any step in the proceeding – default judgment – imposition of pecuniary penalties – fixing of penalties under s 82 of Regulatory Powers (Standard Provisions) Act 2014 (Cth).
O'BRYAN J - 15 Sep 2026

Migration
FLLB v Minister for Immigration and Citizenship [2026] FCA 1298
MIGRATION – application for urgent interim injunction restraining respondents from removing applicant to Republic of Naoero under third country reception arrangement – where applicant was previously on a Bridging Visa R – where final relief sought is a declaration that the applicant is not prevented by s 48A of the Migration Act 1958 (Cth) from making a second Protection Visa application – whether applicant has prima facie case – whether balance of convenience favours grant of interim injunction – interim injunction granted
RANGIAH J - 1 Sep 2026

Practice and Procedure
DFM17 v Minister for Immigration and Citizenship [2026] FCA 1369
PRACTICE AND PROCEDURE — application for dismissal under r 36.75 – where the appellants did not appear at the hearing of the appeal – appeal dismissed – no point of principle
WHEELAHAN J - 15 Sep 2026

Corporations Law
Connelly, in the matter of Global Food & Wine Holdings Pty Ltd (administrators appointed) [2026] FCA 1366
CORPORATIONS – voluntary administration – application by administrators to extend convening period for second meeting of creditors under ss 439A(6) and 447A of the Corporations Act 2001 (Cth) – administrators require more time to execute orderly process of disposal of assets – additional time is likely to enhance the return for unsecured creditors – proposed transaction may proceed before end of convening period as extended – Daisytek orders sought – application granted.
ANDERSON J - 11 Sep 2026

Representative Proceedings
MAN25 v Commonwealth of Australia [2026] FCA 1349
REPRESENTATIVE PROCEEDINGS – whether Australian Defence Force members are ‘officers of the Commonwealth’ within s 33E(2)(d) FCA Act - whether current Australian Defence Force members are group members in the proceedings ‘in their capacity’ as officers of the Commonwealth HUMAN RIGHTS - discrimination – strike out application – whether representative proceeding claiming unlawful discrimination satisfies s 33C(1) FCA Act gateway – whether representative proceeding satisfies s 46PO AHRC Act – whether individual claims of sex discrimination can be brought as a class action
ABRAHAM J - 15 Sep 2026

Practice and Procedure
Banks v Melbourne Archdiocese Catholic Schools Ltd (Transfer Application) [2026] FCA 1347
PRACTICE AND PROCEDURE – interlocutory application to transfer proceeding to Federal Circuit and Family Court of Australia (Division 2) – whether transfer is in the interests of the administration of justice – pleaded provisions not previously judicially considered – interlocutory application dismissed
DOWLING J - 11 Sep 2026

Practice and Procedure
Roths v Sergienko [2026] FCA 1360
PRACTICE AND PROCEDURE – transfer of proceeding – related proceeding pending in Supreme Court of New South Wales – substantial factual overlap – risk of duplication and inconsistent findings – interests of justice – more appropriate forum. Held: proceeding transferred to the Supreme Court of New South Wales.
CHEESEMAN J - 15 Sep 2026

Industrial Law
Raghib v Stantec Australia Pty Ltd (Final hearing) [2026] FCA 1354
INDUSTRIAL LAW — application for judicial review of decisions of the Fair Work Commission at first instance and on appeal – where the applicant was dismissed from his employment with the first respondent for serious misconduct – where the applicant sought remedies for unfair dismissal under Part 3-2 of the Fair Work Act 2009 (Cth) – whether the Full Bench of the Fair Work Commission’s decision to refuse permission to appeal was affected by jurisdictional error – no jurisdictional error established – whether the Fair Work Commission’s decision at first instance that the applicant’s termination was not harsh, unjust or unreasonable was affected by jurisdictional error on grounds of procedural unfairness or apprehended bias – no jurisdictional error established
WHEELAHAN J - 15 Sep 2026

Legal Practitioners
Hargreaves v BT Funds Management Limited [2026] FCA 1362
LEGAL PRACTITIONERS – conduct of solicitor – referral to legal profession regulators – concerns arising from material filed in proceeding concerning conduct of applicant’s solicitor – no findings made as to conduct – referral of reasons and court documents to Legal Professional Board of Tasmania and Queensland Legal Services Commission
O'BRYAN J - 14 Sep 2026

Practice and Procedure
Watson v Commissioner of Taxation [2026] FCA 1150
PRACTICE AND PROCEDURE – urgent interlocutory application – suppression and non-publication orders – application brought pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – allegations concerning use of material said to have been obtained from separate proceeding – no evidence that impugned affidavit referred to proceeding the subject of suppression application – information relied upon obtained from publicly available court records COSTS – indemnity costs – application advanced without proper factual foundation
ROFE J - 14 Aug 2026