Browse Federal Court Judgments

Bankruptcy
McGrath, in the matter of IE CA 3 Holdings Ltd [2025] FCA 635
BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application to set aside examination summonses brought by two prospective examinees in circumstances where local Australian proceedings are an adjunct to foreign main proceedings in Canada – whether examination summonses amount to an abuse of process in circumstances where there has been an earlier decision of Supreme Court of British Columbia in Canada imposing limits on one examinee and rejecting the application for an examination directed to the other examinee – expert evidence as to Canadian bankruptcy and insolvency law – where the examinees bear the onus of establishing abuse of process – the examinees have not discharged their onus of establishing an abuse of process – application dismissed
SHARIFF J - 13 Jun 2025

Practice and Procedure
McDonald v Commonwealth of Australia (No 2) [2025] FCA 631
PRACTICE AND PROCEDURE – representative proceeding –interlocutory application seeking suppression orders over documents subject to suppression orders in separate distinct proceedings and documents said to be subject to privilege – application allowed in part
MORTIMER J - 13 Jun 2025

Administrative Law
Dalton v Attorney-General of the Commonwealth of Australia [2025] FCA 625
ADMINISTRATIVE LAW – application for judicial review of decision to refuse to make parole order in respect of federal offender – whether Attorney-General failed to decide within a reasonable time application for a licence to be released from prison – whether delegate failed to take into account relevant considerations when refusing to grant parole – whether delegate unreasonably failed to reconsider decision to refuse parole in the light of further information about available accommodation – whether delegate acted in accordance with inflexible rule that parole not be reconsidered until 12 months after previous refusal – whether delegate unreasonably had regard to comments made by sentencing court so as to increase or impose additional punishment – whether delegate was required to have regard to emergency management days granted on account of good behaviour while suffering disruption or deprivation resulting from COVID-19 pandemic – whether mandamus should be refused for discretionary reasons due to lack of utility of relief – application dismissed.
HORAN J - 13 Jun 2025

Costs
Touch for Health Pty Ltd as Trustee for Knight Superannuation Fund v Property Mentors Australia Pty Ltd (No 4) [2025] FCA 621
COSTS – indemnity costs – where applicants made Calderbank offer before the proceeding commenced – whether the respondents acted unreasonably in not accepting the offer – no order for indemnity costs – application for pre-judgment interest – whether unexplained delay constitutes “good cause” in exercising discretion not to order interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) prior to commencing the proceeding – good cause shown
NESKOVCIN J - 13 Jun 2025

Costs
HBSY Pty Ltd v Lewis (Costs) [2025] FCAFC 80
COSTS – where respondent successful in the appeal proceedings – where previous costs orders made
MARKOVIC, DOWNES AND KENNETT JJ - 13 Jun 2025

Practice and Procedure
Leigh v National Disability Insurance Agency [2025] FCA 623
PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) (FCA) - whether grounds in s 37AG of the FCA are established - application dismissed
VANDONGEN J - 13 Jun 2025

Corporations Law
WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622
CORPORATIONS – claim brought in oppression under s 232 of Corporations Act 2001 (Cth) (Corporations Act) – where venture capital private equity business consisted of two registered companies and two limited partnerships – where two directors each owned 50% of shares in the two registered companies – where irretrievable breakdown of business relationship – where one director terminated employment of the other and through four separate resolutions of the entities, excluded the other director from management of the companies and partnerships – whether company validly formed opinion that the director had engaged in serious misconduct as a ground for termination – where nine particulars relied upon by defendants – held in relation to all nine particulars that no reasonable person could have formed the opinion that the director engaged in serious misconduct – directors termination and removal from boards held invalid – whether the four resolutions were legally valid – resolution 1 held legally valid on basis that the definition of “insolvency event” was constructed by parties with intention of avoiding risk to limited partnership – resolution 4 held legally valid on basis that strictly there was a winding up application at play CORPORATIONS – whether oppression established – where ss 232 and 233 of Corporations Act apply to companies but not to partnerships that are not registered under or generally subject to Corporations Act – whether statutory provisions relating to oppression extend to operation of limited partnerships conducted or managed by company – where only way limited partnership can act is through its general partner, a corporate entity – where the resolutions vividly illustrate that control and management of limited partnerships is effected via corporate entities – where exclusion from management already held invalid – clear case of oppression established CORPORATIONS – question of appropriate relief – where purpose of relief is to alleviate consequences
JACKMAN J - 13 Jun 2025

Practice and Procedure
McCabe (liquidator), in the matter of Sargon Capital Pty Limited v D’Souza [2025] FCA 620
PRACTICE AND PROCEDURE – service of originating process and supplementary documents outside Australia – application for substituted service – application granted
MARKOVIC J - 15 May 2025

Native Title
Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2025] FCA 609
NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth) – where application not opposed – where applicant/Aboriginal Land Council prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination of no native title – where total extinguishment by grant in fee simple and public works as previous exclusive possession acts is confirmed by the Native Title (New South Wales) Act 1994 (NSW) – determination made that no native title exists
PERRY J - 13 Jun 2025

Native Title
Metropolitan Local Aboriginal Land Council #2 v Attorney-General of New South Wales [2025] FCA 610
NATIVE TITLE – non-claimant application for a determination under s 61(1) of the Native Title Act 1993 (Cth) (Act) that native title does not exist in respect of certain land in New South Wales – application not opposed within s 86G of the Act – whether within power and appropriate to make order sought – order made
HILL J - 13 Jun 2025

Migration
Minister for Immigration, Citizenship and Multicultural Affairs v CFV17 [2025] FCA 613
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – where Administrative Appeals Tribunal (Tribunal) affirmed a decision of the delegate of the Minister refusing to grant the respondent a protection visa – where court below allowed an application for judicial review and found Tribunal’s adverse credibility findings involved jurisdictional error – appeal
O'BRYAN J - 13 Jun 2025

Practice and Procedure
Akibou Yacouba v Key Assets The Children's Services Provider (Australia) Limited [2025] FCA 614
PRACTICE AND PROCEDURE – application by applicant for judgment on alleged admissions under r 22.07 of the Federal Court Rules 2011 (Cth) – notice of dispute served within time – no obligation to file notice of dispute – no basis for judgment to be entered – application dismissed
BANKS-SMITH J - 12 Jun 2025

Telecommunications
Galinovic v Singtel Optus Pty Limited [2025] FCA 611
PRACTICE AND PROCEDURE – Interlocutory injunction – Whether a serious question to be tried – Balance of convenience
MEAGHER J - 22 May 2025

Corporations Law
FSM Development Pty Ltd, in the matter of FSM Development Pty Ltd (in liquidation) [2025] FCA 617
CORPORATIONS – application for approval nunc pro tunc of liquidators entering into funding agreement pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – where assets may not be realised and liquidations may be delayed if further funding not approved – application granted PRACTICE AND PROCEDURE – application for confidentiality orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – application granted
MOORE J - 10 Jun 2025

Corporations Law
Atalanta Investments Pty Ltd v Kalgoorlie Projects Pty Ltd [2025] FCA 607
CORPORATIONS - application for leave to bring proceedings pursuant to s 237 of the Corporations Act 2001 (Cth) on behalf of the first defendant against the second defendant - where second defendant has provided property management and administrative services to the first defendant and issued fees for such services - alleged contravention of s 60 of the Real Estate and Business Agents Act 1978 (WA) by second defendant issuing fees as an unlicensed agent - where the relationship between the directors of the first defendant has broken down - whether proposed proceedings are in the best interest of the first defendant - whether plaintiff acting in good faith - where plaintiff not acting in good faith - application dismissed
COLVIN J - 12 Jun 2025

Practice and Procedure
Alexiou v Australia and New Zealand Banking Group Limited [2025] FCA 612
PRACTICE AND PROCEDURE – application for leave to appeal decision of primary judge refusing applicant leave to make certain amendments to the eleventh iteration of his statement of claim – where reasons for delay in bringing application to amend not explained by applicant – where no arguable appellable error demonstrated – application dismissed
O’CALLAGHAN J - 12 Jun 2025

Representative Proceedings
Levitt v Luke in his capacity as the co-executor of the estate of Luke (Deceased) [2025] FCAFC 79
REPRESENTATIVE PROCEEDING – appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – where primary judge disallowed a portion of claimed legal fees on basis that solicitor for the lead applicants failed to act with due expedition in preparation and filing of expert evidence and that matter would have settled earlier at a mediation – no error in primary judge’s finding that there were inadequate explanations for the delay in the preparation and finalisation of expert evidence – primary judge erred in finding that the matter would likely have settled at mediation had solicitor acted with due expedition – no reason to disturb orders made by the primary judge on a re-exercise of discretion under s 33V – appeal dismissed
MOSHINSKY, BUTTON AND SHARIFF JJ - 12 Jun 2025

Representative Proceedings
Brett Cattle Pty Ltd v Minister for Agriculture (No 5) [2025] FCA 597
REPRESENTATIVE PROCEEDINGS – separate question – where the Court (differently constituted) found liability for misfeasance in public office – where liability judge ordered separate question relevant to damage: how many live cattle would have been exported in 2012 and 2013 if a total ban with a power to grant exceptions (Exceptions Order) had been made instead of a total ban without such a power (Second Control Order) – where Second Control Order did not materially contribute to the decisions in relation to the level of Indonesia’s 2012 and 2013 import quotas, or the strictness of enforcement of those quotas – where, even if Second Control Order could be said to have been material, the position would have been no different if an Exceptions Order had been made instead of the Second Control Order – held: no additional live cattle would have been exported in 2012 and 2013 in the hypothetical scenario posed in the separate question
THAWLEY J - 5 Jun 2025

Industrial Law
Cavar v MSS Security Pty Ltd (No 2) [2025] FCA 606
INDUSTRIAL LAW – contract of employment – no loss established – application dismissed
GOODMAN J - 12 Jun 2025

Practice and Procedure
Theo v Edwards [2025] FCA 605
PRACTICE AND PROCEDURE – interim application for review of decision of judicial registrar – application designed, prima facie, to vex or harass – failure to attend a case management hearing – oral application made for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – whether respondent in default – review application dismissed in toto – costs incurred in relation to review application to be assessed on indemnity basis
DERRINGTON J - 29 Apr 2025