Browse Federal Court Judgments

Practice and Procedure
Tax Practitioners Board v Hinckfuss [2025] FCA 823
PRACTICE AND PROCEDURE — Substituted service — Service out of the jurisdiction — Where the Applicant claims that the Respondent is contravening the Tax Agent Services Act 2009 (Cth) and seeks injunctive relief — Where the Respondent appears to be residing in Indonesia — Application for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) — Application granted.
WHEATLEY J - 20 Jun 2025

Corporations Law
Bad Wolf Purchasing Pty Ltd (as trustee for the Du Bray Property Trust) v Du Bray and Associates Pty Ltd [2025] FCA 814
CORPORATIONS-insolvency-trusts and trustees-claim by successor trustee to vest trust property in possession of former insolvent trustee in particular funds held in trust bank account-right of indemnity-right of exoneration-where Court is not satisfied that the funds are trust property. INSOLVENCY PRACTICE SCHEDULE-application by liquidators for determination as to which assets of the trust are held by the former trustee as bare trustee-whether liquidators should be appointed as receivers of the assets of the trust
MCELWAINE J - 18 Jul 2025

Practice and Procedure
Rivas v Minister for Finance [2025] FCA 824
PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 24(1A) – Application for leave to appeal against an interlocutory decision – Whether decision of primary judge attended by requisite doubt – Whether substantial injustice occasioned if leave refused – Leave to appeal is refused.
LONGBOTTOM J - 18 Jul 2025

Native Title
First Peoples of the Millewa-Mallee Native Title Claim Group v State of Victoria [2025] FCA 799
NATIVE TITLE – consent determination of native title under s 87 of the Native Title Act 1993 (Cth)
BENNETT J - 18 Jul 2025

Practice and Procedure
Edwards v Giles George Pty Ltd [2025] FCA 822
PRACTICE AND PROCEDURE – where applicant’s former solicitors in defamation proceedings claimed an equitable lien over a lump sum costs amount payable to the applicant – where primary judge made orders permitting the applicant’s former solicitors to intervene and for payment of the lump sum amount into court so as to maintain the status quo pending final determination of the solicitors’ application for a declaration of an equitable lien - applications for extension of time and leave to appeal from these interlocutory orders dismissed
PERRY J - 18 Jul 2025

Contempt of Court
Lattouf v Australian Broadcasting Corporation (Contempt) [2025] FCA 812
CONTEMPT OF COURT – interlocutory application seeking that the Principal Registrar be directed to pursue an application for contempt – where a suppression and non-publication order was made prohibiting disclosure of names and contact details of certain persons – where intervening parties allege respondents breached the order by failing to remove online articles disclosing identities of persons covered by the order – where there is a reasonably arguable case of contempt – where there is a reasonably arguable defence – discretionary factors considered – application dismissed.
RANGIAH J - 18 Jul 2025

Patents
CPC Patent Technologies Pty Ltd v Apple Pty Limited [2025] FCA 489
PATENTS – patents for secure access systems – claim construction – infringement – validity PATENTS – construction of the asserted claims – construction of seven contested integers PATENTS – infringement – where the impugned devices incorporate biometric security systems utilising fingerprint and face recognition – factual contest regarding operation of the impugned devices – no contested integers found to be embodied in the impugned devices – no infringement found PATENTS – validity – relevant priority date – where patents claim a priority date based on provisional specification –whether patents fairly based on disclosure in provisional specification – external fair basis test – patents not fairly based – deferred priority date applies PATENTS – validity – novelty – where novelty case largely considered on an alternative construction of the contested integers to that accepted by the Court – whether four prior art publications being patents and patent applications anticipate the claimed invention – various claims anticipated on an alternate construction – some claims also anticipated on proper construction PATENTS – validity – insufficiency – ground not established
BURLEY J - 15 May 2025

Consumer Law
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the dealers entered into agreements that gave effect to a “dealership model” – where the dealer agreement gave each party the right to give a non-renewal notice with a certain period of notice without cause – where the respondent gave the dealers non-renewal notices stating that the dealer agreements would end approximately 12 months later – where the respondent subsequently offered to enter into new agreements that gave effect to an “agency model” – where all dealers entered into agency agreements, albeit under protest – where the dealers claimed that the conduct of the respondent constituted unconscionable conduct in contravention of s 21 of the Australian Consumer Law and a breach of the respondent’s obligation to act in good faith under cl 6 of the Franchising Code – whether the primary judge erred in dismissing the dealers’ claims – held: appeal dismissed
MOSHINSKY, BROMWICH AND ANDERSON JJ - 9 Jul 2025

Migration
Mai v Minister for Immigration and Citizenship [2025] FCA 810
MIGRATION – extension of time application under s 477A(2) of the Migration Act 1958 (Cth) – whether adequate reasons for delay – substantive merits of proposed application – application dismissed
BENNETT J - 17 Jul 2025

Criminal Law
Commonwealth Director of Public Prosecutions v Kirby [2025] FCA 757
CRIMINAL LAW – sentencing – accused pleaded guilty to the provision of false and misleading information to auditors, dishonest use of his position as a director and dishonest conduct in relation to a financial product or service
ABRAHAM J - 10 Jul 2025

Costs
Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (No 2) [2025] FCAFC 90
COSTS – where appeal from judgment of single judge allowed, in part –where both parties enjoyed measure of success – where declarations of primary judge set aside and remade – whether order of primary judge requiring appellant to pay respondent’s costs of proceeding below should be set aside – whether parties are to bear their own costs of appeal. –
COLLIER, SNADEN AND HATCHER JJ - 17 Jul 2025

Administrative Law
SRGF v Comcare (No 2) [2025] FCA 752
ADMINISTRATIVE LAW – where the applicant has sought compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) – where the applicant claims the Tribunal erred in its construction of s 7(2) and (3) of the SRC Act – whether any such error was material ADMINISTRATIVE LAW – where the applicant claims the Tribunal’s decision is inconsistent with s 2A of the Administrative Appeals Act 1975 (Cth) and s 72 of the SRC Act – whether these provisions are to be properly regarded as aspirational or exhortatory in nature, rather than as a source of directly enforceable rights and obligations – whether there is any discernible error in the Tribunal’s decision
KENNETT J - 9 Jul 2025

Practice and Procedure
Wertheim v Haddad (No 2) [2025] FCA 820
PRACTICE AND PROCEDURE – where respondents were found to have contravened s 18C of the Racial Discrimination Act 1975 (Cth) – where applicants sought and the Court was satisfied it had the power to order publication of corrective notices pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth) – where parties were invited to make further submissions on the appropriate form and manner in which those notices would be posted on the applicants’ social media – whether those notices should be “pinned” and “featured” on certain social media
STEWART J - 17 Jul 2025

Practice and Procedure
Wachler v JNCTech Managed Services Pty Ltd [2025] FCA 815
PRACTICE AND PROCEDURE – Application for leave to amend pleading – where first respondent ordered to be removed as a party – where applicant sought to include new cause of action in statement of claim
STELLIOS J - 17 Jul 2025

Appeal and New Trial
Anderson v Morgan Crest Pty Ltd trading as Ray White Benalla [2025] FCA 817
APPEAL − appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – whether the primary judge took into account the appellant’s submissions – whether case law cited by the appellant was appropriately considered– where the primary judge refused the appellant’s adjournment request – whether refusal of adjournment amounted to the denial of procedural fairness – whether appellant’s personal circumstances were adequately assessed – where refusal of adjournment was delivered ex tempore and not otherwise made available to appellant − appeal allowed
ROFE J - 16 Jul 2025

Costs
Natch v Stennson Pty Ltd (No 5) [2025] FCA 807
COSTS – where application pursuant to r 40.34 of the Federal Court Rules 2011 (Cth) for review of a taxation allowed – appropriate adjustments to be made to the certificate of taxation – consideration of the appropriate order to be made in respect of the costs of the taxation review
O'BRYAN J - 16 Jul 2025

Corporations Law
Brereton (Administrator), in the matter of Whyalla Ports Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2025] FCA 774
CORPORATIONS – application by administrators of a company under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors and for ancillary orders under s 447A of the Act – application opposed by interested party – held: extension of convening period in the best interests of the company’s creditors – application granted
O’CALLAGHAN J - 4 Jul 2025

Costs
Zhang v Lu [2025] FCA 806
COSTS – costs of discontinued cross-claim – where discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) subject to contrary order or consent – whether discontinuing party’s impecuniosity a good reason to order that each party bear their own costs – whether consolidated costs order should be made – HELD: respondent pay the applicant’s costs of the cross-claim; consolidated costs order be made allowing for set off
BROMWICH J - 16 Jul 2025

Corporations Law
Binqld Finances Pty Ltd (in liq) v Binetter (settlement approval) [2025] FCA 811
CORPORATIONS – application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of a settlement agreement – where the liquidator for the six applicants seeks to be joined to the proceeding as the seventh applicant – where the liquidator seeks “retrospective” approval for entering into the settlement agreement – where, pursuant to ss 37AF and 37AG(1) of the Federal Court of Australia Act 1976 (Cth), a suppression order is sought over the deed of settlement and
KENNETT J - 11 Jul 2025

Practice and Procedure
Morros v Commonwealth Bank of Australia [2025] FCA 800
PRACTICE AND PROCEDURE – cross applications for summary judgment – applicant seeking relief relating to possession of mortgaged land – controversy concerning the respondent’s entitlement to possess the land already tried and determined in the Supreme Court of South Australia – proceeding in this Court constituting an abuse of process on several bases
CHARLESWORTH J - 15 Jul 2025