Browse Federal Court Judgments

Private International Law
Greensill Bank AG v Insurance Australia Limited (Anti-Anti-Suit Injunction Application) [2025] FCA 1241
PRIVATE INTERNATIONAL LAW – anti-anti-suit injunction – where there are eleven proceedings (the Greensill Proceedings) before this Court related to the purported issue of insurance policies and liability to pay amounts under those policies – where allegations of concurrent wrongdoing were raised against Marsh Ltd (an English company) and Marsh Pty Ltd (an Australian company) by respondents in the proceedings – where Greensill Bank AG foreshadowed joining Marsh Ltd to various proceedings – where Marsh Ltd and Marsh Pty Ltd applied to an English Court for an anti-suit injunction to restrain Greensill Bank AG from doing so – where basis of application was exclusive jurisdiction clauses contended to be contractually binding on Greensill Bank AG – where the English Court refused interim relief sought by Marsh Pty Ltd and mostly refused the interim anti-suit relief sought by Marsh Ltd – where Greensill Bank AG joined Marsh, and commenced proceedings against Marsh, in Australia – where the English Proceedings were then amended – where Greensill Bank AG seek interim anti-anti-suit relief to restrain Marsh Ltd and Marsh Pty Ltd from taking further steps in the English Proceedings – where the English Proceedings have been listed for final hearing for anti-suit relief – principles applicable to anti-suit and anti-anti-suit injunctions – whether basis for injunction in implied and/or equitable jurisdiction – whether balance of convenience favours the grant of injunction – held: anti-anti-suit relief granted PRACTICE AND PROCEDURE – implied jurisdiction of the Federal Court to issue anti-anti-suit injunction – s 23 of the Federal Court of Australia Act 1976 (Cth) – where there is a basis for exercise of the Court’s implied jurisdiction in the tendency of English Proceedings to interfere with proceedings in this Court – principles of comity applicable in considering exercise of implied jurisdiction – where principles of comity do not require refusal of relief – balance of convenie
THAWLEY J - 10 Oct 2025

Practice and Procedure
Aaron Sansoni Group International Pty Ltd v Manti (No 2) [2025] FCA 1231
PRACTICE AND PROCEDURE – ex parte application for an injunction or freezing order under s 23 of the Federal Court of Australia Act 1976 (Cth) and Div 7.4 of the Federal Court Rules 2011 (Cth) – applicant sought order against first respondent and non-party for payment into Court of the proceeds of sale of a property – prima facie good arguable claim for relief – danger that first respondent might dissipate assets in disregard of, or in an attempt to frustrate, the Court’s processes – injunction granted restraining the first respondent and non-party from disposing of, dealing with, or diminishing the proceeds of the sale of the property
NESKOVCIN J - 7 Oct 2025

Migration
Ba v Minister for Immigration and Multicultural Affairs [2025] FCA 1239
MIGRATION – application for judicial review of a decision of the Assistant Minister under s 510BA(2) of the Migration Act 1958 (Cth) – whether the Assistant Minister failed to undertake active intellectual engagement with the materials – whether the Assistant Minister failed to consider the most up to date information – whether the Assistant Minister made an unintelligible finding – whether the Assistant Minister acted illogically, irrationally or legally unreasonably in making findings about the applicant’s remorse – whether the Assistant Minister acted legally unreasonably in treating dated material as if it was up to date – Assistant Minister found to have acted legally unreasonably by treating dated material as if it was up to date – application allowed
NESKOVCIN J - 10 Oct 2025

Practice and Procedure
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Zinfra Contracting Pty Ltd [2025] FCA 1234
PRACTICE AND PROCEDURE – strike out application – whether pleadings contained necessary material facts – where pleadings alleged global contraventions of enterprise agreement and s 50 of Fair Work Act 2009 (Cth) in relation to group of unnamed employees – where pleadings did not specify details of individual contraventions against each employee – where order for referee to report on individual contraventions sought – where applicant argued respondent was afforded procedural fairness – where applicant alleged respondent bore onus of disproving allegation – where respondent sought costs of application, as an exception to the ordinary operation of s 570 – HELD: strike out application successful – application for costs by the respondent refused – no order as to costs
BROMWICH J - 10 Oct 2025

Practice and Procedure
CIP Group Pty Ltd v So (No 10) [2025] FCA 1240
PRACTICE AND PROCEDURE – applications to increase security for costs at late stage of proceeding – whether discounts should be applied to assessed reasonable party and party costs – whether identification of material change in circumstances as a precondition to the exercise of the discretion is necessary – no discount applied – if material change is required it is made out on the facts – applications granted
MCELWAINE J - 10 Oct 2025

Administrative Law
National Disability Insurance Agency v Lampard [2025] FCAFC 139
ADMINISTRATIVE LAW – disability requirements under National Disability Insurance Scheme Act 2013 (Cth) (the Act) – whether Administrative Appeals Tribunal identified impairment attributable to respondent’s disability as required by s 24(1)(a) of the Act – whether there was any evidence to support the finding that impairments were permanent under s 24(1)(b) of the Act and r 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) – whether Tribunal correctly construed and applied the words “functional capacity to undertake” in s 24(1)(c) of the Act – HELD: appeal allowed; Tribunal decision set aside and review remitted
BROMWICH, NESKOVCIN AND VANDONGEN JJ - 10 Oct 2025

Corporations Law
Commissioner of the NDIS Quality and Safeguards Commission v Aurora Community Care Pty Ltd (in liquidation) (No 2) [2025] FCA 1237
CIVIL PENALTY – proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) – respondent in liquidation –where failures involved breaches of the National Disability Insurance Scheme Practice Standards, Code of Conduct, Restrictive Practices and Behaviour Support Rules, Reportable Incident Rules – where conduct is serious – where failures were fatal for one participant – whether it is appropriate for the Court to enter into summary judgment – whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought – evaluative approach to determining civil penalty – the contraventions of ss 73J and 73V made out
ABRAHAM J - 10 Oct 2025

Patents
Scidera, Inc. v Meat and Livestock Australia Limited (No 2) [2025] FCA 1236
PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel question of law – application dismissed
ROFE J - 10 Oct 2025

Practice and Procedure
Alexiou v Australia and New Zealand Banking Group Limited (Subpoena) [2025] FCA 1238
PRACTICE AND PROCEDURE – application to set aside subpoena to give evidence – where prospective witness previously refused to assist respondent – where the circumstances of the prospective witness changed close to the trial start date – where preparation for cross-examination may be substantial – whether the subpoena should be set aside
PERRAM J - 29 Sep 2025

Administrative Law
Smith v Repatriation Commission [2025] FCA 1223
ADMINISTRATIVE LAW – Veterans’ affairs – disability pension –war-caused disease – requirement to consider the whole of the material – whether material before tribunal pointed to or raised a hypothesis if it involved mere speculation or conjecture – requirement of causal and not merely temporal connection –Veterans’ Entitlements Act 1986 (Cth) ss 120(1), 120(3), 120A, 180A, 196B —Deledio – whether impermissible fact-finding – Administrative Appeals Tribunal Act 1975 s 44 – whether question of fact or law – whether proper reasons provided – application dismissed.
ANDERSON J - 9 Oct 2025

Corporations Law
Butler v Total Tools Holdings Pty Ltd [2025] FCA 1225
CORPORATIONS – shareholders’ resolution authorising board of company to issue an equity-based instrument to non-executive directors upon successful financial close of an initial public offering or trade sale – where plaintiff resigned as non-executive director following failure to complete trade sale originally contemplated – where separate trade sale subsequently completed – where company refused to issue equity-based instrument to plaintiff – where plaintiff claims company is contractually bound to issue him an equity-based instrument in the form of shares despite resignation – proper construction of shareholders’ resolution – privity of statutory contract – held: shareholders’ resolution did not require company to issue shares to plaintiff upon completion of trade sale in circumstances where he had resigned prior to successful financial close – held: plaintiff is not entitled to sue upon company’s constitution or shareholders’ resolution
ANDERSON J - 9 Oct 2025

Corporations Law
Viridian Financial Group Ltd, in the matter of Viridian Financial Group Ltd (No 2) [2025] FCA 1222
CORPORATIONS – scheme of arrangement – second court hearing – application for approval of scheme of arrangement –exercise of the court’s discretion – whether scheme of arrangement should be approved – factors considered – employee share scheme - application allowed
ANDERSON J - 30 Sep 2025

Practice and Procedure
Shanahan v Haughton [2025] FCA 1235
PRACTICE AND PROCEDURE – application pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where respondent initiated multiple proceedings against the applicant and others – consent orders sought by parties – whether the orders sought are within the power of the Court and are appropriate – orders made
O'SULLIVAN J - 9 Oct 2025

Income Tax
Zhang v Commissioner of Taxation [2025] FCA 1230
INCOME TAX – application to set aside garnishee notice issued under the Taxation Administration Act 1953 (Cth) ADMINISTRATIVE LAW – judicial review – whether ‘re-raise’ on Statement of Account is reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether issuing garnishee notice was a breach of the rules of natural justice LIMITATION OF ACTIONS – whether limitation period under s 14 of the Limitation Act 1969 (NSW) applies to ‘re-raise’ on Statement of Account – whether Limitation Act 1969 (NSW) applies to action for recovery of tax under Income Tax Assessment Act 1936 (Cth) – operation of ss 64 and 79 of the Judiciary Act 1903 (Cth) – whether time limit in s 105-50 of Schedule 1 to the Taxation Administration Act 1953 (Cth) applied to income tax PRACTICE AND PROCEDURE – whether new allegation of tort of misfeasance in public office – where allegation of fraud or bad faith does not comply with r 31.01(2) of the Federal Court Rules 2011 (Cth)
YOUNAN J - 9 Oct 2025

Contempt of Court
Aaron Sansoni Group International Pty Ltd v Manti [2025] FCA 1229
CONTEMPT OF COURT – civil contempt – where search order made against the first respondent – where search order required first respondent to permit search or copy or removal of electronic devices – where search order included an order permitting objection on the ground of self-incrimination or exposure to penalty – where first respondent withheld production of certain electronic devices on basis of that order – whether order sufficiently clear – where order required the first respondent to file and serve an affidavit setting out the basis for the objection – whether first respondent breached order requiring affidavit – where orders made for each of the respondents to take all necessary steps to cause the transfer of a domain name and to file affidavit setting out the steps taken – whether the respondents breached the orders – consideration of appropriate penalty
MOSHINSKY J - 9 Oct 2025

Corporations Law
Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137
CORPORATIONS – where appellants commenced voidable transaction proceedings under s 588FF(1) of the Corporations Act 2001 (Cth) – where purported service of proceedings effected outside the time required by r 2.7 of the Federal Court (Corporations) Rules 2000 (Cth) – whether the effect of the rule is that subsequent attempts to serve are invalid absent an order extending the time for service – where proceedings were summarily dismissed by primary judge as a result – whether primary judge fell into discretionary error – whether leave to appeal is required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether dismissal of proceedings by the primary judge in effect amounted to summary judgment for the respondent parties. SERVICE OF PROCEEDINGS – whether the service out of time was service in fact which required respondent parties to apply to set aside service. CORPORATIONS ACT 2001 (Cth) s 588FF(3) – whether, when an order made to extend time to commence a proceeding pursuant to s 588FF(1) is subsequently set aside in part on application of a creditor who did not receive notice of the application, it results in the extension being spent with no power to re-hear as against that creditor. STATE AND FEDERAL JUDICIARY – whether decision of the Queensland Court of Appeal in Greig v Stramit Corporation (2004) 2 Qd R 17 interpreting s 588FF(3) of the Corporations Act 2001 (Cth) should be departed from as plainly wrong
SARAH C DERRINGTON, ANDERSON AND MCELWAINE JJ - 9 Oct 2025

Corporations Law
Krejci (liquidator), Neway Holdings Pty Limited, in the matter of Neway Holdings Pty Limited [2025] FCA 1233
CORPORATIONS – application for a pooling order pursuant to s 579E of the Corporations Act 2001 (Cth) – whether just and equitable to make an order – whether satisfied a pooling order would not materially disadvantage an eligible unsecured creditor – satisfied disadvantage not materials and/or not sufficient to weigh against the potential advantages of making pooling order – where eligible unsecured creditors on notice of application for a pooling order – where no objection received in relation to making of pooling order – pooling order made CORPORATIONS – ancillary relief – application under s 579G(1) of the Act regarding filing of annual administration return and end of administration return in respect of all entities in pooled group – satisfied order will reduce expenditure across and facilitate the efficient completion of the administration of the companies in the pooled group – order made
MARKOVIC J - 9 Oct 2025

Corporations Law
BG&E Group Limited, in the matter of BG&E Group Limited [2025] FCA 1232
CORPORATIONS – scheme of arrangement – first court hearing – application for orders pursuant to s 411 and s 1319 of the Corporations Act 2001 (Cth) to convene meeting of the ordinary shareholders of the plaintiff – where the payment of a dividend is conditional or contingent – whether scheme involved the issue of debentures for the purposes of the Act – application allowed
MARKOVIC J - 22 Sep 2025

Administrative Law
Cassuto v Kostakidis [2025] FCA 1226
PRACTICE AND PROCEDURE – application to strike out pleadings under r 16.21 of Federal Court Rules 2011 (Cth) – where applicant alleges breach of s 18C of Racial Discrimination Act 1975 (Cth) by respondent – whether pleadings fail to disclose a reasonable cause of action – whether pleadings ambiguous so as to cause prejudice to respondent – certain paragraphs of amended statement of claim struck out – leave granted to applicant to file further amended statement of claim
MCDONALD J - 9 Oct 2025

Native Title
Central Land Council v Brett [2025] FCA 1227
NATIVE TITLE – Where the applicant seeks access to pastoral lease for purposes connected to a prospective native title determination – where orders agreed following mediation – whether the Court has jurisdiction pursuant to s 39B(1A)(c) of the Judiciary Act 1903 (Cth) and s 213(2) of the Native Title Act 1993 (Cth) – whether the Court has power to make orders sought pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) – whether the Court should exercise its discretion to make orders sought – orders made
LONGBOTTOM J - 8 Oct 2025