Browse Federal Court Judgments

Bankruptcy and Insolvency
Pracilio (Liquidator), in the matter of RFK Enterprises Pty Ltd [2026] FCA 1087
BANKRUPTCY AND INSOLVENCY - application for orders to appoint receiver and manager - application granted
VANDONGEN J - 5 Aug 2026

Migration
EOQ20 v Minister for Immigration and Multicultural Affairs [2026] FCA 1078
MIGRATION – application for extension of time and leave to appeal – decision of Federal Circuit and Family Court of Australia (Div 2) – refusal to extend time to review exercise of power by Registrar – summary dismissal of application for judicial review of decision by Administrative Appeals Tribunal – where Tribunal decided that it did not have jurisdiction to review refusal to grant protection visa – where application for review not given to Tribunal within prescribed time limit – application to extend time refused
HORAN J - 4 Aug 2026

Administrative Law
Ardalan v Attorney General of the Commonwealth of Australia (No 2) [2026] FCA 1063
ADMINISTRATIVE LAW – application for judicial review of decision to refuse parole – whether delegate failed to have regard to argument that risk of applicant engaging in domestic violence could be ameliorated by imposition of parole conditions – whether delegate failed to have regard to argument that existence of domestic violence protection order ameliorated risk – application dismissed
RANGIAH J - 6 Aug 2026

Practice and Procedure
Palmer v Magistrate McKenzie [2026] FCA 1080
PRACTICE AND PROCEDURE - recusal application - whether reasonable apprehension of bias - recusal application dismissed PRACTICE AND PROCEDURE - application for summary dismissal and/or dismissal - whether 'fragmentation principle' engaged in relation to related pending criminal proceedings - application granted
VANDONGEN J - 5 Aug 2026

Migration
FBU20 v Minister for Immigration and Citizenship [2026] FCA 1076
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant protection visa – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
MCDONALD J - 5 Aug 2026

Native Title
Metropolitan Local Aboriginal Land Council #4 v Attorney General for New South Wales [2026] FCA 1074
NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) that native title does not exist with respect to a parcel of land in New South Wales – where the applicant is prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination that no native title exists – where the application is not opposed – whether the orders proposed were within power and appropriate to make orders sought – determination made that native title does not exist in relation to the relevant area and waters
RAPER J - 5 Aug 2026

Practice and Procedure
Berryman v NextDC Limited [2026] FCA 1065
PRACTICE AND PROCEDURE – suppression and non-publication orders – application under Pt VAA of the Federal Court of Australia Act 1976 (Cth) – public interest in open justice – respondent sought order over entire concise statement and concise response pending mediation – commercially sensitive pricing, customer and commission information – whether order necessary to prevent prejudice to the proper administration of justice – proposed order indiscriminate and not sufficiently calibrated – concise response not yet filed – order refused – liberty to seek a narrower order
LEE J - 28 Jul 2026

Practice and Procedure
EER26 v Australian Financial Complaints Authority Limited [2026] FCA 1057
PRACTICE AND PROCEDURE – Application under s 31A of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01 of the Federal Court Rules 2011 (Cth) for summary judgment – alternatively, application to strike out the concise statement – where claim is for judicial review of determinations of the Australian Financial Complaints Authority – where Court has no jurisdiction to determine applicant’s claim – where no reasonable cause of action disclosed against respondent – proceeding summarily dismissed
NESKOVCIN J - 5 Aug 2026

Corporations Law
Australian Income Solutions Pty Ltd v Australian Securities and Investments Commission (Reopening Application) [2026] FCA 1064
CORPORATIONS – applications under s 459G of the Corporations Act 2001 (Cth) to set aside statutory demands founded on pecuniary penalty orders – applications contingent upon reopening application – applications dismissed – unopposed extension under s 459F(2)(a)(i) to comply with statutory demands PRACTICE AND PROCEDURE – application under rr 30.21(2)(a) and 39.05(a) of the Federal Court Rules 2011 (Cth) to set aside liability orders made after trial in corporate defendants’ absence – where liability orders affirmed on appeal and application for special leave refused – where application made after subsequent judgment in related proceeding reached different conclusion on one representation – deliberate forensic choice to pursue appeal rather than reopening application – finality – delay – overarching purpose – application dismissed
LEE J - 24 Jul 2026

Practice and Procedure
Ritter v Savills (Aust) Pty Ltd [2026] FCA 996
PRACTICE AND PROCEDURE – application to summarily dismiss the proceedings – where employee seeks declaration, damages and costs for alleged sexual harassment – respondents allege claim is an abuse of process because of delay – where alleged acts occurred between 2007 and 2019 and employee commenced complaint to the Australian Human Rights Commission in 2024 – where some employees identified as relevant to the claim are no longer employed by the respondents, cannot be located or deceased – consideration of the application of s 46PH(1)(b) of the Australian Human Rights Commission Act 1986 (Cth) to general principles of abuse of process – finding that some complaints would be unfair to put to trial due to the passage of time and should be permanently stayed – application otherwise dismissed
COLVIN J - 29 Jul 2026

Representative Proceedings
Strand Fitness Pty Ltd v QBE Insurance (Australia) Ltd [2026] FCAFC 101
REPRESENTATIVE PROCEEDINGS — appeal — declassing applications — business interruption insurance class actions — COVID-19 pandemic and related government measures — where class actions commenced by insureds who claim they are entitled to be indemnified for loss resulting from business interruption or interference — where insurer respondents obtained orders declassing the proceedings — whether declassing is in the interests of justice under s 33N of the Federal Court of Australia Act 1976 (Cth) — whether the representative proceedings will provide an efficient and effective means of dealing with the claims of group members — whether issues can be answered on a common basis — distinction between “common issues” and “issues of commonality” — extent to which issues already resolved by previous test case litigation
Perram, HALLEY AND BUTTON JJ - 5 Aug 2026

Migration
DYFV v Minister for Immigration and Citizenship [2026] FCA 1069
MIGRATION – where the applicant’s protection visa was cancelled by a delegate of the first respondent (the Minister) under s 501(3A) of the Migration Act 1958 (Cth) (the Act) following convictions for aggravated break and enter offences – where the Minister decided not to revoke the cancellation decision under s 501CA(4) and the applicant applied to the Administrative Review Tribunal (the Tribunal) for review – where the Tribunal affirmed the Minister’s decision – where the applicant and the Minister filed statements of facts, issues and contentions in the Tribunal which treated removal to Nauru as the “likely” legal consequence of the Tribunal’s decision – whether the Tribunal was entitled to find removal was practicable in the reasonably foreseeable future notwithstanding the absence of evidence of concrete steps having been taken to remove the applicant
KENNETT J - 5 Aug 2026

Migration
Samuelu v Minister for Immigration and Citizenship [2026] FCAFC 100
MIGRATION – decision by Administrative Review Tribunal to affirm decision not to revoke cancellation of Appellant’s visa – primary judge dismissed application for review – whether the Tribunal erred in considering protection of the community by attributing adverse weight to the seriousness of the Appellant’s offending in advance of a finding of likelihood of re-offending – whether the Tribunal failed to consider the impacts of removal of the Appellant from Australia – whether Tribunal was required to make findings on the period of Appellant’s positive contribution to the community – appeal dismissed
DERRINGTON, HESPE and HILL JJ - 5 Aug 2026

Bankruptcy and Insolvency
Karlsson v Griffith University (No 2) [2026] FCAFC 102
BANKRUPTCY AND INSOLVENCY – scope of power under s 41(6A) of Bankruptcy Act 1966 (Cth) – operation of s 41(7) of Bankruptcy Act –application brought by creditor for variation of previous orders under r 39.05 of Federal Court Rules 2011 (Cth) or Court’s implied power – variation sought to add order under s 41(6A) of Bankruptcy Act extending time fixed for compliance with a bankruptcy notice– whether the Court had power to make order under s 41(6A) at the time of previous orders –where debtor had brought application to set aside notice – where application was dismissed by registrar and primary judge on review – where decision of primary judge was upheld on appeal – where operation of Bankruptcy Act s 41(7) extending time for compliance with bankruptcy notice did not apply to appeal proceeding – where creditor’s petition must be presented within six months of act of bankruptcy – where act of bankruptcy was failure to comply with bankruptcy notice – where creditor presented petition within six months of appeal being determined but more than six months after act of bankruptcy – HELD: application dismissed – no power to make order under s 41(6A) at the time of the previous orders of the Court – amendment sought could not be made under r 39.05 or the Court’s implied power
PERRY, BROMWICH AND RAPER JJ - 27 Jul 2026

Practice and Procedure
CPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2026] FCA 1068
PRACTICE AND PROCEDURE – adjournment application for health-related reasons – condition on medical certificate not sufficiently particularised – photos and scripts provided without explanation – material not sufficient to warrant adjournment –applicant absent when the appeal w called – appeal dismissed for failure to appear.
ANDERSON J - 3 Aug 2026

Practice and Procedure
Gall v Domino’s Pizza Enterprises Limited (No 6) [2026] FCA 1061
PRACTICE AND PROCEDURE - request for an extension of time for submissions and proposed orders - security for costs - answers to common questions - costs - lump-sum costs assessment
MURPHY J - 3 Aug 2026

Practice and Procedure
Legal Practice Board v Khosa [2026] FCA 1059
PRACTICE AND PROCEDURE – recusal application – alleged apprehension of bias due to service on Legal Practice Complaints Committee during time the Committee dealt with the respondent’s complaint – no connection between conduct of Committee during relevant period and respondent’s complaint – no reasonable apprehension of bias – application dismissed BANKRUPTCY – sequestration order based on costs order – application for review of decision of Registrar – ground alleging applicant engaged in conduct giving rise to grounds for an indemnity costs order – ground alleging applicant engaged in conduct amounting to abuse of office and/or power – ground alleging applicant discriminated based on culture, race or religion – ground alleging applicant misled State Administrative Tribunal by not retracting expert report – no sensible connection between grounds pleaded and the impugned costs order – review application dismissed – Registrar’s orders affirmed
JACKSON J - 4 Aug 2026

Bankruptcy and Insolvency
Pomella v Owners Corporation 1 Plan No. PS648585D [2026] FCA 1062
BANKRUPTCY AND INSOLVENCY – application for interlocutory injunction to restrain the Trustee from dealing with properties in the bankrupt estate – where the applicant seeks an extension of time to appeal – where proceeding commenced 11 months out of time – delays in the administration of the bankrupt estate – prejudice to creditors – whether interests of justice favoured the grant of the interim orders – application dismissed
NESKOVCIN J - 29 Jul 2026

Criminal Law
Commonwealth Director of Public Prosecutions v D’Amore [2026] FCA 972
CRIMINAL LAW – sentencing – accused pleaded guilty to the dishonest use of his position as a director, making or authorising of false and misleading statements to ASIC, and dishonest conduct in relation to a financial product or service
ABRAHAM J - 23 Jul 2026

Practice and Procedure
Huber v Singh [2026] FCA 1004
PRACTICE AND PROCEDURE – application for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) – where the proceeding fails to disclose a reasonable cause of action – where the proceeding has no reasonable prospect of success – where the proceeding is an abuse of process – proceeding dismissed PRACTICE AND PROCEDURE – application for security for costs – where applicant resides out of the jurisdiction – where applicant owns no assets in the jurisdiction – where applicant has no income – where substantial risk that any adverse costs order would not be satisfied
O'BRYAN J - 4 Aug 2026