Browse Federal Court Judgments

Practice and Procedure
Larobina v Melbourne Health trading as Royal Melbourne Hospital (Joinder Application) [2025] FCA 1045
PRACTICE AND PROCEDURE – application for joinder where party proposed to be joined is alleged to be liable as an accessory under s 550 of the Fair Work Act 2009 (Cth) – impact of joinder on that party’s ability to claim the privilege against exposure to civil penalties – whether joinder would be an abuse of process – whether joinder would be contrary to the overarching purpose of s 37M of the Federal Court of Australia Act 1976 (Cth) – whether proposed statement of claim is deficient
DOWLING J - 29 Aug 2025

Privilege
Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (No 3) [2025] FCA 1043
FEDERAL COURT OF AUSTRALIA McDonald v Commonwealth of Australia (No 3) [2025] FCA 1048 Summary In accordance with the practice of the Federal Court in some cases of public interest, importance or complexity, the following summary has been prepared to accompany the reasons for judgment and orders made today. This summary is intended to assist in understanding the outcome of this proceeding and is not a complete statement of the conclusions reached by the Court. The only authoritative statement of the Court’s reasons is that contained in the published reasons for judgment which will be available on the internet at www.fedcourt.gov.au together with this summary. The Court is making two sets of orders today. Each set of orders is quite long but what follows is a summary about what they concern, and what the Court’s decision is. One set of orders concerns the application by Ms McDonald on behalf of group members to extend the registration date for distribution of compensation payments. Currently people must register by 31 August 2025 and give sufficient information to have their registration approved also by that date. If they miss this cut-off date they are unlikely to receive any payments. Registrations have not come through as quickly as Shine lawyers expected, and that is why there has been this application to extend the registration cut-off. Through her lawyers Ms McDonald herself informed the Court that she was concerned that group members, including her, get their money as soon as possible, and that she would leave it to the Court to make a decision about extending the registration cut off. I have taken that position into account. The parties and the settlement scheme Administrator, Deloitte, have provided a lot of useful information to the Court about the consequences of extending the registration cut off. The Court is grateful for their efforts. The Court has decided there should only be a short extension, to 3 October 2025. That is the new cut-off date. After this date, the registration
WIGNEY J - 29 Aug 2025

Corporations Law
Catalyst Metals Limited, in the matter of Catalyst Metals Limited [2025] FCA 1052
CORPORATIONS – application for relief under s 1322 of the Corporations Act 2001 (Cth) – non-compliance with s 295(3A) consolidated entity disclosure statement – accuracy of s 295(4) directors’ declaration – accuracy of s 708A(6) ‘cleansing notice’ – contraventions of ss 707(1), 707(3) and 727(1)
FEUTRILL J - 25 Aug 2025

Migration
ALZ18 v Minister for Immigration and Citizenship [2025] FCA 1035
MIGRATION – appeal from Federal Circuit Court of Australia decision dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate not to grant the appellant a protection visa – where the Tribunal’s reasons included paragraphs copied from earlier Tribunal decisions or a template – whether the Tribunal failed to properly evaluate the appellant’s claims – whether the Tribunal failed to discharge its statutory task – Held: appeal allowed
CHEESEMAN J - 29 Aug 2025

Corporations Law
Meagher, In the matter of Okara Pty Ltd (Administrators Appointed) (No 2) [2025] FCA 1013
CORPORATIONS – application for orders ancillary to appointment of administrators as receivers of trust assets – appropriateness of orders sought – application granted
DERRINGTON J - 18 Aug 2025

Representative Proceedings
McDonald v Commonwealth of Australia (No 3) [2025] FCA 1048
REPRESENTATIVE PROCEEDINGS – application for extension of registration end date and administration finalisation date for settlement approved by court under s 33V of the Federal Court of Australia Act 1976 (Cth) – where number of registration forms said to be received to date less than expected – whether registration requirements appropriate – amendments by consent to deed governing parties’ settlement agreement
MORTIMER CJ - 29 Aug 2025

Bankruptcy
Sammut v Lawrence [2025] FCA 1040
BANKRUPTCY AND INSOLVENCY – applications to set aside two bankruptcy notices – whether the applicant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) that could not have been set up below – whether the issue of the bankruptcy notices are an abuse – applications dismissed PRACTICE AND PROCEDURE – application for a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether the applicant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – vexatious proceedings order made
RAPER J - 29 Aug 2025

Competition
BlueScope Steel Limited v Australian Competition and Consumer Commission [2025] FCAFC 118
COMPETITION – appeals from orders made as to liability for attempts to induce a corporation to arrive at an understanding containing a cartel provision, contravening ss 445ZZRJ and s 76(1)(d) of the Competition and Consumer Act 2010 (Cth) (the Act) – where primary judge found appellants attempted to induce nine counterparties to arrive at an understanding – where understandings found to contain a provision relating to a base or floor price for flat steel products, or implementing a price increase for those products – where appellants alleged they had not sought commitments to course of action from counterparties – whether commitment necessary for an understanding or an attempt to induce an understanding – where appellant claimed no intention to induce an understanding – whether primary judge erred in identifying relevant intention – where appellants claimed that inducements identified by primary judge were based on conduct which had already occurred – whether the primary judge erred in finding that the appellants intended to attempt to induce understandings containing cartel provisions – whether the primary judge erred in finding attempts to induce understandings within the meaning of s 44ZZRJ of the Act – whether the primary judge erred in concluding that the appellants’ conduct was capable of assent and/or immediately connected, or proximate, to an attempt to induce an understanding – whether the respondent was precluded by s 77(2) of the Act from seeking a pecuniary penalty in respect of the first appellant – whether the Court has the power to make a non-indemnification order – appeals dismissed
WIGNEY, BROMWICH AND HALLEY JJ - 29 Aug 2025

Bankruptcy
Horton Asset Pty Ltd v HMSY Group Pty Ltd, in the matter of HMSY Group Pty Ltd [2025] FCA 1051
BANKRUPTCY AND INSOLVENCY – where defendant company entered into a Deed of Company Arrangement (DOCA) – where majority of creditors are related entities of the defendant company – where plaintiff company seeks orders pursuant to s 445D of the Corporations Act 2001 (Cth) terminating the DOCA –whether DOCA is oppressive or unfairly prejudicial to or unfairly discriminatory against the plaintiff company – where DOCA treats separately related party creditors – where DOCA in effect prevents exploration of contraventions of the Act and recovery – DOCA set aside.
BURLEY J - 27 Aug 2025

Practice and Procedure
Emerald Resources (WA) Pty Ltd v Mullan [2025] FCA 1049
PRACTICE AND PROCEDURE - application for injunction to restrain solicitors and counsel from acting for applicant - where first respondent is former client - whether real and sensible possibility of misuse of confidential information - whether breach of a duty of loyalty to former client that survives termination of retainer - whether proper administration of justice requires restraint - application dismissed
VANDONGEN J - 29 Aug 2025

Migration
Clark v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1039
MIGRATION – application for review of decision of the Administrative Review Tribunal to affirm the decision of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the cancellation of Applicant’s visa – where Applicant held “substantial criminal record” – where the Tribunal did not have regard to correct criminal record – whether the Tribunal’s decision was illogical, irrational or unreasonable with respect to findings regarding the Applicant’s acquired brain injury – whether the Tribunal erred in finding that the Applicant would have access to the social and economic support that would generally be available to US nationals – whether Applicant was denied procedural fairness
NEEDHAM J - 29 Aug 2025

Migration
Liang v Minister for Immigration and Citizenship [2025] FCA 1047
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to grant the appellants Student (Temporary) (Class TU) (Subclass 500) visas – where Tribunal was not satisfied that the first appellant is a genuine applicant for entry and stay as a student within the meaning of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) – where appellants seek to raise new grounds on appeal – whether leave to advance new grounds should be granted – where grounds lack merit – appeal dismissed
SARAH C DERRINGTON J - 29 Aug 2025

Competition
Delta Building Automation Pty Limited v Australian Competition and Consumer Commission [2025] FCAFC 119
COMPETITION – contraventions of s 45AJ of the Competition and Consumer Act 2010 (Cth) – cartel conduct – bid rigging – where primary judge found evidence established appellants engaged in conduct that constituted attempt to make an arrangement or arrive at an understanding containing a cartel provision, or attempted to induce competitor to do the same – whether primary judge erred in concluding that conduct of second appellant immediately connected, or proximate, to arrangement or understanding – whether impugned conduct does not rise above merely preparatory conduct – whether primary judge erred in finding facts as found supported no reasonable inference other than that second appellant intended to make an arrangement or arrive at an understanding containing a cartel provision, or to induce such an arrangement or to arrive at such understanding – whether primary judge failed to consider second appellant’s direct evidence as to his subjective state of mind and thereby erred in reasoning wholly inferentially as to first appellant’s intention-appeal dismissed
WIGNEY, ABRAHAM AND HALLEY JJ - 29 Aug 2025

Arbitration
Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028
ARBITRATION – international arbitration – where foreign investors obtained the benefit of arbitral awards rendered by tribunals constituted pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (ICSID Convention) against the Kingdom of Spain – where award creditor investors are nationals of current or former European Union Member States – where those investors or their relevant assignees seek recognition and enforcement of those awards in Australia under s 35(4) of the International Arbitration Act 1974 (Cth) (IAA) PUBLIC INTERNATIONAL LAW – foreign State immunity – where the respondent asserts immunity pursuant to s 9 of the Foreign States Immunities Act 1985 (Cth) (Immunities Act) from proceedings for the recognition and enforcement of arbitral awards in Australia – where respondent submits the position is not governed by Kingdom of Spain v Infrastructure Services Luxembourg Sàrl [2023] HCA 11; 275 CLR 292 and it consequently has not waived its immunity under s 10 of the Immunities Act by acceding to the ICSID Convention – where respondent submits the High Court decision did not concern a situation where the binding status of an award is disputed whereas the binding status of the awards is presently disputed – whether the High Court decision governs this case and if not whether the respondent has waived its immunity to jurisdiction PRIVATE INTERNATIONAL LAW – assignment – where two of the applicants are the assignees of the original award creditor investors – where respondent disputes that the assignees can enforce their awards in Australia – where no dispute as to validity of deeds of assignment under governing law of the deeds – issue of which law governs the assignability of arbitral awards – whether under public international law, Australian domestic law or foreign domestic law the ICSID awards or the rights of enforcement of them are capable of being assigned – whether in terms of international law assign
STEWART J - 29 Aug 2025

Practice and Procedure
Murray Lower Darling Rivers Indigenous Nations v Commonwealth (No 2) [2025] FCA 1037
PRACTICE AND PROCEDURE – suppression orders – where applicant seeks to suppress consultation reports containing “cultural knowledge” of certain First Nations – whether necessary to prevent prejudice to the proper administration of justice
STEWART J - 29 Aug 2025

Environment Protection
Murray Lower Darling Rivers Indigenous Nations v Commonwealth [2025] FCA 1029
ENVIRONMENT LAW – where the State of New South Wales submitted a water resource plan to the Murray-Darling Basin Authority and requested that the plan be given to the Commonwealth Minister for the Environment and Water for accreditation pursuant to the statutory regime in the Water Act 2007 (Cth) – where the Authority gave the plan to the Minister and recommended that it be accredited – where the Minister accredited the plan resulting in a legislative instrument – where Minister concedes that in making the decision the plan was not before her so the accreditation and instrument should be set aside ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – where applicant is a not-for-profit entity representing a confederation of First Nations from the lower Murray-Darling Basin – where applicant alleges the consultation conducted by the State with First Nations in the Murray-Darling Basin was improperly carried out and incomplete – where consultation said to have failed to have regard to the water management uses and outcomes and views on native title of certain First Nations – where applicant thereby challenges the decision of the Authority to recommend the water resource plan on the basis that it was inconsistent with the Basin Plan 2012 (Cth) STATUTORY INTERPRETATION – where defective consultation is said to result in inconsistency between the water resource plan and the requirements of the Basin Plan 2012 (Cth) as required by the Water Act – whether the Authority’s decision to recommend accreditation under s 63(3) of the Water Act is invalid because of the inconsistency with the Basin Plan – whether there is an objective jurisdictional requirement of consistency in order to make a recommendation ADMINISTRATIVE LAW – where applicant contends that the Authority’s decision to recommend accreditation was legally unreasonable – where Authority is said to have incorrectly understood its functions and asked itself the wrong question – impugned considerations include asking whether it is
STEWART J - 29 Aug 2025

Administrative Law
NTMA Pharmaceuticals Pty Ltd v Beardmore [2025] FCA 1036
ADMINISTRATIVE LAW – supply of pharmaceutical benefits – application for judicial review of referrals for investigation of approved pharmacists pursuant to s 114 of the National Health Act 1953 (Cth) – where Pharmacy Compliance Evaluation Reports showed concerns that the applicants may have been utilising common patients to process PBS claims without supply and showing other serious compliance behaviours ADMINISTRATIVE LAW – whether referrals void or invalid because they concerned the services or conduct of multiple approved pharmacists – whether Committee of Inquiry can inquire into past conduct of persons who have ceased to be approved pharmacists – whether referrals void for uncertainty due to failure to specify “other premises” with which specified persons are associated – whether Secretary has power to revoke or terminate referrals – application dismissed
PERRY J - 28 Aug 2025

Practice and Procedure
Miele & Cie KG v Bruckbauer (Costs) [2025] FCA 1046
PRACTICE AND PROCEDURE – form of order COSTS – where the applicant was ultimately successful in prosecuting the proceeding – whether costs should be apportioned on an issue-by-issue basis COSTS – application for indemnity costs – Calderbank offer – whether rejection of offer was unreasonable – whether any exceptional circumstances demonstrated to depart from usual position on costs
ROFE J - 28 Aug 2025

Corporations Law
Narayan (liquidator), in the matter of Pachira Investments Pty Ltd (in liq) [2025] FCA 1041
CORPORATIONS – appointment of liquidators of trustee company as receivers and managers of trust property – where company holds assets as bare trustee – where appointment necessary for realising assets for benefit of creditors and for liquidators’ renumeration and expenses – where orders sought in related proceedings that money in court be paid out to company – application granted
JACKMAN J - 27 Aug 2025

Practice and Procedure
Rusanov v Commissioner of Taxation (No 3) [2025] FCAFC 117
PRACTICE AND PROCEDURE – appeal against dismissal of appeal from decision of the Administration Appeals Tribunal affirming an objection decision of the Commissioner of Taxation – where no substantive submissions filed by the appellant in accordance with directions – where appellant did not appear – appeal dismissed for want of prosecution and non-compliance with directions.
LOGAN, FEUTRILL AND WHEATLEY JJ - 7 Aug 2025