Browse Federal Court Judgments

Practice and Procedure
Roberts-Smith v Fairfax Media Publications Pty Ltd (Interlocutory Rulings) [2025] FCA 504
PRACTICE AND PROCEDURE – where the respondents seek to strike out the appellant’s amended interlocutory application to re-open the evidence on his appeal which he filed one month after filing the initial application to re-open the evidence on his appeal and only three days before the hearing of that application – where some of the particulars in the amended notice of appeal attached to the application are not particularised – where the legal theory in the amended interlocutory application differs substantially from that of the initial application – where the appellant’s delay in raising the amended interlocutory application is unexplained – whether the amended interlocutory application should be struck out PRACTICE AND PROCEDURE – where the respondents’ solicitors at trial are the subject of subpoenas to give evidence in an interlocutory application filed while the Full Court’s judgment on the appeal was reserved – where the notice of appeal the subject of the interlocutory application makes no allegations against those solicitors – whether the subpoenas should be set aside PRACTICE AND PROCEDURE – where a witness’s affidavit concerning her dealings with a respondent and some of the respondents’ solicitors over four years was provided to the parties and the court less than two days before the relevant hearing – where the affidavit concerns matters beyond the scope of the application to be heard – where the affidavit attached as part of an exhibit material pertaining a confidential settlement of separate claims or proceedings – whether the affidavit should be struck out and removed from the court file – whether suppression and non-publication orders should issue regarding portions of the exhibit and the transcript of the hearing PRACTICE AND PROCEDURE – where a subpoena to give evidence to a witness was served three days before the hearing – where the subpoena was inconsistent with the timetable for evidence at the hearing – where the circumstances surrounding the s
PERRAM J - 30 Apr 2025

Practice and Procedure
Haggarty v RX Plastics Pty Ltd [2025] FCA 536
PRACTICE AND PROCEDURE – Interlocutory application – Amendment of pleadings – Leave to amend – Amended defence – Withdrawal of admissions PRACTICE AND PROCEDURE – Interlocutory application – Discovery – Documents – Relevance – Delay
MEAGHER J - 23 May 2025

Practice and Procedure
Frigger v Banning [2025] FCA 535
PRACTICE AND PROCEDURE – application by respondents for applicants to provide security for costs in relation to application for leave to appeal against decision which itself required applicants to provide security for costs – applicants have significant litigation history including costs orders that have not been paid – applicants could access funds in superannuation – whether respondents’ costs would be recoverable if costs orders made in respondents’ favour – prospects of application for leave to appeal and proposed appeal limited – interests of justice served by order that applicants provide security for costs
MCDONALD J - 23 May 2025

Practice and Procedure
Purcell (Examiner) v LAZ24 (No 2) [2025] FCA 498
PRACTICE AND PROCEDURE - Principle of open justice – Suppression or non-publication order – Application to revoke previous suppression order – Whether order necessary to prevent prejudice to the proper administration of justice – Whether order necessary to protect the safety of any person – application to revoke dismissed – Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG(1)
HILL J - 16 May 2025

Industrial Law
Williams v Natural Solar Pty Ltd (Urgent Reinstatement Application) [2025] FCA 527
INDUSTRIAL LAW – interlocutory application for reinstatement of employment and restraining termination without leave – whether relief sought is interlocutory or final –alleged adverse action within meaning of ss 341 and 342 of the Fair Work Act 2009 (Cth) – alleged whistleblower protections arising from disclosures made under part 9.4AAA of the Corporations Act 2001 (Cth) –alleged contraventions of workplace rights – whether there is a prima facie case of unlawful termination – whether balance of convenience favours grant of interlocutory relief – where reinstatement is only sought for a short-term fixed time – where the applicant is alleged to not have clean hands – whether damages are an adequate remedy – application granted
NEEDHAM J - 21 May 2025

Corporations Law
Mableson (Administrator), in the matter of Bibere Australian Beverages Pty Ltd t/as Fox Creek Wines (Administrator Appointed) [2025] FCA 533
CORPORATIONS - application for further extension of convening period for second meeting of creditors under s 447 of the Corporations Act 2001 (Cth) - whether Part 5.3A of the Act permits extension for sole purpose of postponing liquidation - whether Part 5.3A permits extension where there is likely no return for unsecured creditors - application granted
JACKSON J - 14 May 2025

Industrial Law
Monarch Advisory Group Pty Ltd v Puxty (No 4) [2025] FCA 534
INDUSTRIAL LAW – employment agreements – whether consent given to breach post-employment restraint – whether post-employment restraint reasonable, valid and enforceable – where no consent established – where post-employment restraint enforceable DAMAGES – damages for loss of profits – damages for lost opportunity – basis for calculation of damages – where breach of restraint of trade – where company lost business as a consequence – whether loss of business caused loss of opportunity to sell business at a higher price
MARKOVIC J - 23 May 2025

Industrial Law
Avard v Australian Capital Territory [2025] FCAFC 72
INDUSTRIAL LAW – appeal from single judge – interpretation of enterprise agreements – whether “preliminary assessment” requires procedural fairness – where enterprise agreements prescribe procedural fairness regime – where formal investigations subject to procedural fairness regime – where “preliminary assessment” not a formal investigation – where appellant investigated for alleged misconduct following “preliminary assessment” – where appellant not provided opportunity to respond to allegations during or before “preliminary assessment” – where appellant alleged to suffer harm from commencement of investigations PRACTICE AND PROCEDURE – whether appellant raised new arguments on appeal – characterisation of argument at first instance – whether argument at first instance was limited to breaches of clauses 111.4 and 117.4 of the enterprise agreements – whether leave should be granted to raise new argument on appeal – where no reason for failure to advance argument at first instance provided – whether respondent prejudiced by new argument – where respondent may have conducted trial differently
CHARLESWORTH, STELLIOS AND LONGBOTTOM JJ - 23 May 2025

Administrative Law
Huynh v Commonwealth of Australia [2025] FCA 531
ADMINISTRATIVE LAW— application for judicial review of decision to retain items seized under search warrant — where applicant is facing criminal proceedings before the Local Court of New South Wales — whether s 39B(1C), Judiciary Act 1903 (Cth) and s 9A, Administrative Decisions (Judicial Review) Act 1977 (Cth) exclude review of this decision from the jurisdiction of the Federal Court — whether decision is a “related criminal justice process decision” — HELD: this Court lacks jurisdiction to hear and determine the applicant’s application; application dismissed with costs
BROMWICH J - 23 May 2025

Migration
Kopa v Minister for Immigration and Multicultural Affairs [2025] FCA 524
MIGRATION – exercise of power under s 501BA(2) of the Migration Act 1958 (Cth) – cancellation of visa following decision of the Administrative Appeals Tribunal to set aside initial cancellation of visa – application for extension of time to lodge an application for review under s 477A of the Migration Act 1958 (Cth) – consideration of what is necessary in the interests of the administration of justice – whether Minister erred – no jurisdictional error shown – extension of time not necessary in the interests of the administration of justice – application refused
DERRINGTON J - 23 May 2025

Environment Protection
Rainforest Reserves Australia Inc v Minister for the Environment and Water [2025] FCA 532
ENVIRONMENTAL LAW – where a delegate of the Minister for the Environment and Water granted an approval under ss 130(1) and 133(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to construct, operate and decommission wind turbine generators for a project known as the Gawara Baya Wind Farm (Wind Farm) – where Wind Farm to be located adjacent to but outside the UNESCO-listed Wet Tropics World Heritage Area in North Queensland that is home to various species of protected or endangered species of birds and bats ADMINISTRATIVE LAW – whether s 140 of the EPBC Act creates a jurisdictional fact essential to the exercise of power under ss 130(1) and 133(1) – whether non-compliance with s 140 invalidates a decision made under ss 130(1) and 133(1) of the EPBC Act – whether approval decision involved an improper exercise of power on the basis that it was uncertain within the meaning of ss 5(1)(e) and 5(2)(h) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – Held: grounds of review not established PUBLIC INTERNATIONAL LAW – whether the approval decision is inconsistent with Australia’s bilateral treaty obligations with Japan, China and the Republic of Korea (Specified Bilateral Treaties) – where Specified Bilateral Treaties relevantly provide that each nation-state party shall prohibit the “taking” of protected migratory birds and their eggs – whether an innocent, negligent or reckless act which results in the death of migratory birds involves “taking” those birds in a manner inconsistent with the obligations in the Specified Bilateral Treaties – whether the approval of the Wind Farm involves a “taking” of migratory birds protected by Specified Bilateral Treaties – interpretation of multi-lingual bilateral treaties – meaning of the word “taking” – relevance of dictionary definitions in the interpretation of multi-lingual bilateral treaties – where text, context and purpose relevant to the interpretation of the Specified B
SHARIFF J - 22 May 2025

Practice and Procedure
Frigger (Trustee) v Bank of Queensland Limited (No 2) [2025] FCA 526
PRACTICE AND PROCEDURE - application for further adjournment of interlocutory application pending the hearing and determination of different proceedings - whether determination of different proceedings could affect the Court's determination of issues raised and claims made in present proceedings - application dismissed
VANDONGEN J - 22 May 2025

Corporations Law
Deputy Commissioner of Taxation v Kate’s Cooking Pty Ltd (in liq); in the matter of Kate’s Cooking Pty Ltd (in liq) [2025] FCA 529
CORPORATIONS – interlocutory process seeking appointment of liquidator of corporation as receiver of trust assets – liquidator appointed as receiver
MCDONALD J - 22 May 2025

Corporations Law
Reid (Administrator), in the matter of Northern Iron Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2025] FCA 525
CORPORATIONS – administration – application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meeting of creditors – complex business involves rehabilitation of mine by-product – active sale process underway by receivers – applicable principles – six-month extension granted
BANKS-SMITH J - 21 May 2025

Corporations Law
Shanahan as trustee of the Estate of Wilcox v Sanderson Estates Pty Ltd in the matter of Wilcox (a bankrupt) (No 2) [2025] FCA 528
CORPORATIONS – application by trustees and receivers for judicial advice – whether trustees and receivers justified in not appearing and not taking an active role in Court of Appeal of the New South Wales Supreme Court proceeding – orders made giving advice sought
HALLEY J - 19 May 2025

Native Title
North Queensland Land Council Native Title Representative Body Aboriginal Corporation (ICN 1996) v Harris [2025] FCAFC 70
NATIVE TITLE - non-claimant application by non-native title interest holder pursuant to s 13(1)(a) of the Native Title Act 1993 (Cth) - where application is opposed by native title representative body - consideration of the relevant onus on a non-claimant applicant in demonstrating that native title does not exist - whether non-claimant applicant had discharged onus - role of native title representative bodies in non-claimant applications - approach to determining such applications under the Native Title Act - no error on the part of the primary judge - appeal dismissed
COLVIN, ABRAHAM AND MCEVOY JJ - 21 May 2025

Corporations Law
The Reject Shop Limited, in the matter of The Reject Shop Limited [2025] FCA 522
CORPORATIONS – scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff to consider a proposed scheme – whether statutory prerequisites satisfied – whether the Court’s discretion should be exercised to order convening of scheme meeting – orders made to convene meeting
SARAH C DERRINGTON J - 16 May 2025

Costs
Mond v The Age Company Pty Limited (costs) [2025] FCA 521
COSTS – defamation proceeding – apportionment of costs – whether there should be an apportionment of costs to take account of issues on which the applicant was unsuccessful – Calderbank v Calderbank [1976] Fam 93 – evaluation of the terms of Calderbank offers – ordinarily costs follow the event – no reason to reduce applicant’s costs in this case – “scorecard approach” undermines object of defamation proceedings to give vindication – context of s 40 of the Defamation Act 2005 (Vic) – difficult to compare the worth of published apologies and the vindication from a judgment of the Court – applicant’s rejection of the respondents’ offers was not unreasonable
WHEELAHAN J - 21 May 2025

Migration
FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 71
MIGRATION – cancellation of visa on character grounds – appeal from judgment dismissing application for judicial review of Tribunal decision affirming cancellation decision – appellant having no legal training – appellant represented before Tribunal by a non-lawyer – whether Tribunal denied the appellant procedural fairness by failing to explain matters or practice and procedure to the representative – whether Tribunal ought to have counselled the appellant against his choice of representative – whether Tribunal was obliged to ensure the whole of the hearing was interpreted – appeal dismissed.
MURPHY, CHARLESWORTH, SNADEN JJ - 21 May 2025

Practice and Procedure
Austin Engineering Ltd v Podulova (No 4) [2025] FCA 523
PRACTICE AND PROCEDURE – urgent ex-parte application for freezing order – absence of good arguable claim for pecuniary relief – freezing order to prevent frustration of prospective costs judgment – sufficiency of evidence of departure from Australia – sufficiency of evidence of removal of assets from Australia – sufficiency of evidence of danger prospective judgment will go unsatisfied – appropriateness of urgent application without notice PRACTICE AND PROCEDURE – application to close court – application for suppression and non-publication order
FEUTRILL J - 19 May 2025