Browse Federal Court Judgments

Practice and Procedure
Karas v LK Law Pty LTD (Stay of judgment) [2026] FCA 807
PRACTICE AND PROCEDURE – application for stay of judgment pending appeal – where primary judge had granted a stay with conditions – where appellant unable to meet judgment sum – whether grounds of appeal are arguable – whether undertaking by appellant sufficient to secure judgment debt – whether balance of convenience favours granting of a stay
PERRAM J - 24 Jun 2026

Corporations Law
Roufeil, in the matter of Roufeil [2026] FCA 816
CORPORATIONS – application under s 473A of the Corporations Act 2001 (Cth) to fill a vacancy in the office of liquidator appointed by the Court – current liquidator retiring – replacement with liquidators of the same firm – application approved BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a registered trustee – application under s 30 of the Bankruptcy Act to appoint the second and third plaintiff as joint and several trustees of relevant bankrupt estates or to continue as trustees of relevant bankrupt estates – resignation accepted and appointment made
NEEDHAM J - 24 Jun 2026

Practice and Procedure
GTO26 by their litigation representative GTS26 v Board of Trustees of the Brisbane Grammar School (operating as Brisbane Grammar School) [2026] FCA 809
PRACTICE AND PROCEDURE – Application for suppression and non-publication orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) – Where interim suppression order was made under s 37AI of the Federal Court of Australia Act 1976 (Cth) – Where parties consent to the making of a pseudonym order under s 37AF on the ground stated in s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – Where pseudonym sought to protect identity of children except for the parents of the Applicant – Whether order necessary to prevent prejudice to the proper administration of justice – Appropriate duration of order.
LONGBOTTOM J - 24 Jun 2026

Practice and Procedure
Rowles v Repatriation Commission (Department of Veterans’ Affairs) (No 2) [2026] FCA 797
PRACTICE AND PROCEDURE – application for determination of substantive proceeding on the papers without an oral hearing – whether requirements of s 20A of the Federal Court of Australia Act 1976 (Cth) are met – where applicant is self-represented and claims to be affected by hearing loss and tinnitus – where applicant submits material facts are uncontested and that issues arising from existing documentary record are capable of determination on the papers – where first respondent submits it is unclear how all the material could be relevant to originating application – where first respondent does not object to on the papers determination as long as additional procedural steps are provided for to assist with prevailing uncertainty – premature to make any order that substantive proceeding be determined on the papers
RANGIAH J - 24 Jun 2026

Bankruptcy
Field (Trustee) v Spencer (No 2) [2026] FCA 801
BANKRUPTCY – application by trustee for approval of remuneration – where trustee's remuneration fixed by creditors – where sale of bankrupt's home occurred six years after sequestration order – where trustee made inquiries into bankrupt's income but did not perform income contribution assessment until four years after sequestration order - consideration of the Court's supervisory jurisdiction over the remuneration of trustees under s 90-15 of the Insolvency Practice Schedule (Bankruptcy) – consideration of whether the trustee's delay in arranging the sale of bankrupt's home was justified – finding that part only of the amount claimed by the trustee by way of remuneration should be approved
COLVIN J - 24 Jun 2026

Privilege
Cayzer v Phoslock Environmental Technologies Ltd (Privilege Dispute) [2026] FCA 800
PRIVILEGE – legal professional privilege – third party reports – investigations into whistleblower allegations –common law principles – whether reports and related documents were created, commissioned or obtained for the dominant purpose of providing legal advice
STEWART J - 24 Jun 2026

Industrial Law
Construction, Forestry and Maritime Employees Union v GC Crane Hire Pty Ltd as Trustee for GA Caelli Discretionary Trust [2026] FCA 793
INDUSTRIAL LAW – application for statutory compensation pursuant to provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – respondent alleged to have contravened an applicable enterprise agreement (and thereby s 50 of the FW Act) in failing to afford entitlements to two of its employees both during and upon termination of employment – where certain contraventions admitted, and some of them remediated, prior to hearing – where remaining disputed contraventions largely involved questions of the interpretation and validity of clauses in the enterprise agreement (the “EA”) – where EA provides for multiple forms of notice of termination as well as (via employer contributions to industry fund) severance pay – where EA incorporates award entitlement to payment of accrued personal/carer’s leave upon termination and also provides for contributions to industry fund in respect of portable sick leave entitlements – whether entitlements in those categories are cumulative – whether respondent decision to dismiss employees by reason of redundancy relevantly a “major workplace change” in respect of which it was required to consult – where EA provides for entitlement to paid time if a former employee is left waiting for “accrued entitlements and other wages owing” – whether “waiting time” entitlement applies only to final pay or also historic underpayments – whether “waiting time” clause pertains to the employment relationship and/or is repugnant to the penalty scheme erected by the provisions of the FW Act – whether contravening conduct involving underpayments also contravened s 323(1) of the FW Act – whether failure to provide pay in lieu of notice of redundancy constituted a serious contravention within the meaning of s 557A of the FW Act – quantum of loss arising from proved contraventions – compensation and interest awarded
SNADEN J - 24 Jun 2026

Bankruptcy and Insolvency
Garlick v KALX Capital Securities Pty Ltd [2026] FCA 808
BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice dismissed by judicial registrar – whether claim to money paid into Court constitutes a cross-demand within section 40(1)(g) Bankruptcy Act 1966 (Cth) – application dismissed with costs
DOWNES J - 24 Jun 2026

Practice and Procedure
Wei v Robba (Trustee), in the matter of Zhu (Bankrupt) [2026] FCA 802
PRACTICE AND PROCEDURE – application for freezing orders – where applicant’s case difficult to discern from material – whether applicant had established risk of dissipation – whether balance of convenience favoured the making of freezing orders – application for freezing orders dismissed
MEAGHER J - 23 Jun 2026

Migration
Mehau v Minister for Immigration and Citizenship [2026] FCA 803
MIGRATION – urgent application for interim order restraining the respondent from removing the applicant from Australia – where the applicant alleged he was not aware of imminent deportation – where the applicant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the delegate of the Minister did not revoke cancellation – where requirements in relation to service of the delegate’s decision were not fully complied with – where the applicant did not make an application for merits review of the delegate’s decision in the Administrative Review Tribunal within nine days – substantial compliance of notice under s 494E(4) of the Migration Act – applicant did not act expeditiously – no serious question to be tried – the applicant is out of time to apply for merits review and there is no ability in the Tribunal to extend time – application dismissed – applicant to pay respondent’s costs
NEEDHAM J - 23 Jun 2026

Practice and Procedure
Auerbach v Seven Network (Operations) Ltd [2026] FCA 799
PRACTICE AND PROCEDURE — where the applicant seeks orders striking out the respondent’s defence and final remedies – where the applicant alleges an abuse of process – where the applicant has asserted facts that have no apparent relevance or evidentiary support – interlocutory relief refused CONTEMPT OF COURT — where the applicant alleges that a non-party has committed a contempt of court by publishing material for the purpose of prejudicing him in the proceeding – where the accompanying statement of charge has not been accepted for filing – where non-parties have not been served with the application – where the applicant has asserted facts that have no apparent relevance or evidentiary support – interlocutory relief refused PRACTICE AND PROCEDURE — where the applicant seeks injunctions restraining the respondent, a non-party and their respective legal representatives from acting for one another on account of an alleged conflict of interest – where the applicant has asserted without evidence that the legal representatives formerly acted for him and are in possession of confidential information – no cogent basis for the relief sought – interlocutory relief refused PRACTICE AND PROCEDURE — where the applicant seeks to enlarge the limitation period and to join non-parties to the proceeding – where the applicant has not provided any evidence of the publications of which he complains – where pleadings are closed and the matter is listed for trial – no evidence to support a claim that an extension of the limitation period would be just and reasonable – interlocutory relief refused PRACTICE AND PROCEDURE — where the applicant seeks leave to serve subpoenas on the Registry and a sitting judge of the Court – where the applicant has not sought leave under s 16(2) of the Evidence Act 1995 (Cth) – where any application for leave would be doomed to failure – where the applicant has not demonstrated that the evidence would be relevant to any issue in dispute in the proceedin
WHEELAHAN J - 23 Jun 2026

Bankruptcy
Big Chief Hire Pty Ltd v Dallwitz, in the matter of Dallwitz [2026] FCA 789
BANKRUPTCY — application for review of decision of a Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court (Bankruptcy) Rules 2016 (Cth) to dismiss a petition of creditors — where debtor failed to comply with bankruptcy notice — where other matters required under s 52 of the Bankruptcy Act 1966 (Cth) are satisfied — sequestration order made
O'SULLIVAN J - 20 May 2026

Corporations Law
Australian Agricultural Opportunities Limited v Agripower Australia Limited (subject to deed of company arrangement) [2026] FCA 777
CORPORATIONS – corporate group involved in mining in Queensland – application to terminate deed of company arrangement pursuant to section 445D Corporations Act 2001 (Cth) – omission in report to creditors – continuance of deed of company arrangement avoids investigations into conduct of directors – company likely to continue to be insolvent – application to appoint liquidators based in Queensland with mining experience in lieu of deed administrators – plaintiff provided funding to liquidators for purpose of funding investigations into claims or prospective claims – director of company breached deed of company arrangement – orders made
DOWNES J - 10 Jun 2026

Consumer Law
Saxena v National Australia Bank Limited [2026] FCA 796
CONSUMER LAW – consumer credit facilities held with bank respondent – overdue payments reported to credit reporting agencies – whether adverse credit reports correctly made – whether the conduct of the bank respondent unconscionable within the meaning of s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) – proceeding dismissed
O’BRYAN J - 23 Jun 2026

Migration
FDB20 v Minister for Immigration and Citizenship [2026] FCA 786
MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal – where applicant’s visa was subject to mandatory cancellation pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where delegate of the Minister did not revoke mandatory cancellation – where Tribunal affirmed decision of the delegate – application for Direction 110 – Tribunal found that mental health symptoms suffered by the applicant were relevant to his offending and took this into account in finding an unacceptable risk of re-offending – whether Tribunal failed to afford procedural fairness to the applicant by not putting him on notice of mental health issue – whether Tribunal’s reasoning was legally unreasonable and material to outcome of the application – whether Tribunal misunderstood and misapplied evidence – whether Tribunal failed to explain its use of “psychopathological” – application dismissed.
BURLEY J - 23 Jun 2026

Costs
Comino v Watson Webb Pty Ltd (Costs) [2026] FCAFC 88
COSTS – whether single costs order should be made for three proceedings – whether an issue-by-issue approach to costs appropriate – whether costs order by primary judge should be set aside or varied – whether costs should be assessed on a lump-sum basis
MOSHINSKY, DOWNES AND OWENS JJ - 23 Jun 2026

Trade Marks
Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791
TRADE MARKS – section 177 of the Trade Marks Act 1995 (Cth) – application for word PISCO to be registered as a certification mark – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether certification trade mark sought is inherently adapted to distinguish – whether certification trade mark sought is capable of distinguishing by reason of use or other circumstances – where evidence of use of word in country other than the applicant country is produced – whether presumption of registration applies to certification mark applications – application to proceed to registration.
BURLEY J - 23 Jun 2026

Practice and Procedure
Salon Services PRO INC v Kevin Murphy USA Business Services Pty Ltd [2026] FCA 794
PRACTICE AND PROCEDURE - application for transfer of proceedings to the Victorian District Registry – presence of exclusive jurisdiction and governing law clauses in applicable contracts – no question of principle – balancing of discretionary factors - proceedings transferred
SHARIFF J - 22 Jun 2026

Practice and Procedure
Inger v State of Queensland [2026] FCA 792
PRACTICE AND PROCEDURE – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval to discontinue representative proceeding – discontinuance approved
HESPE J - 22 Jun 2026

Practice and Procedure
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited (Expert Report) [2026] FCA 776
PRACTICE AND PROCEDURE – expert evidence – where the applicants in the proceedings (Credit Suisse) briefed two experts and filed two expert reports in respect of “reasonable investor” questions – where the Court had ordered that parties in the same interest in respect of an issue may not call more than one expert witness in respect of the issue – whether Credit Suisse can rely on both expert reports – held: leave to rely on second report granted
THAWLEY J - 22 Jun 2026