Today

Migration
Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 494
MIGRATION – application for judicial review of migration decision – leave granted for amendment of originating application – whether Tribunal failed to consider protection of Australian community and/or ongoing risk – whether Tribunal erred in failing to comply with Ministerial Direction 99 – ground rejected on current authorities as they stand – whether Tribunal erred in assessing strength, nature and duration of ties to Australian community – amended originating application for review of migration decision dismissed.
5 May 2025 |  JACKMAN J

Bankruptcy
Scenic Rim Regional Council v Cutbush [2025] FCA 493
BANKRUPTCY AND INSOLVENCY — Application under s 52(5) of the Bankruptcy Act 1966 (Cth) to extend the period at the expiration of which the creditor’s petition will lapse — Intervention of the Official Receiver as amicus curie — procedural delays not attributable to the Applicant — Orders granted.
15 May 2025 |  WHEATLEY J

Corporations Law
Caddy (Administrators Appointed), in the matter of Roberts Co (Vic) Pty Ltd (Administrators Appointed) [2025] FCA 492
BANKRUPTCY AND INSOLVENCY — Application by administrators for directions under s 90-15 of Div 90 of Sch 2 (Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth) — Whether appropriate to give direction — Application for direction granted.
12 May 2025 |  WHEATLEY J

Corporations Law
MedAdvisor Limited, in the matter of MedAdvisor Limited [2025] FCA 491
CORPORATIONS — Share issues in ASX listed company — Failure to give notice under s 708A(5)(e) of the Corporations Act 2001 (Cth) — Requirement to make disclosure concerning share issues under s 706 in absence of cleansing notice — Effect on on-sales — Extension of period under s 708A(6)(a) to date cleansing notice issued — Application for relief by way of extensions and declarations under ss 1322(4)(a) and (d) — Potential of on-sellers’ failure to comply with ss 707(3) or 727(1) — Relief from civil liability — Other orders sought under ss 1322(4)(c) and 1322(4)— Orders made.
2 May 2025 |  WHEATLEY J

Costs
Mond v The Age Company Pty Limited (pre-judgment interest) [2025] FCA 495
COSTS – pre-judgment interest – whether pre-judgment interest should be calculated at rate provided for in Practice Note on Interest on Judgments – GPN-INT – s 51A(1) of the Federal Court of Australia Act 1976 (Cth) – interest on damages for non-economic loss – appropriate rate of interest is not “commercial rate” – applicant’s harm continuing but greater at time of defamatory publications – appropriate rate between 3% and 3.5%
15 May 2025 |  WHEELAHAN J

Native Title
Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2025] FCA 490
NATIVE TITLE – right to negotiate – expedited procedure – proposed grant of exploration licences under Mining Act 1978 (WA) – where State of Western Australia gave notice of future acts under s 29 of the Native Title Act 1993 (Cth) – where notices included statement under s 29(7) that State considered the act was an act attracting the expedited procedure – where native title parties lodged objections against inclusion of s 29(7) statement with the National Native Title Tribunal – where native title parties and representative Aboriginal/Torres Strait Islander body applied for judicial review of alleged decisions by State to include expedited procedure statements in the s 29 notices – where applicants alleged that State failed to give active consideration to definition of “act attracting the expedited procedure” in s 237 of the Act – where applicants alleged that State’s policy for including expedited procedure statements in s 29 notices was inconsistent with requirements of the Act – application by State for summary judgment against applicants – whether applicants had reasonable prospect of successfully prosecuting the proceeding – whether proceeding was an abuse of the process of the Court – whether alleged decisions by State to include expedited procedure statements in s 29 notices are reviewable decisions under Administrative Decisions (Judicial Review) Act 1977 (Cth) or are otherwise amenable to judicial review Held: alleged decisions are not reviewable – summary judgment application allowed
15 May 2025 |  HORAN J

Practice and Procedure
Spozac Pty Ltd as trustee for the LDB Family Trust t/as Not Just Cakes v Tyro Payments Ltd (No 3) [2025] FCA 488
PRACTICE AND PROCEDURE – representative proceeding – group member settlement scheme previously approved by Court – interlocutory application by administrator of settlement scheme – application seeking increase in amount of costs permitted to be paid in respect of administration of the scheme – failure to disclose that approval of the scheme had been sought and obtained on the basis of a promise not to seek recovery of costs in excess of a cap – scheme administrator threatening to resign – no justification whatsoever for departing from the basis upon which the scheme was approved – application refused – order made prohibiting the administrator from resigning without leave of the Court
9 May 2025 |  OWENS J

Industrial Law
Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65
INDUSTRIAL LAW – appeal from judgment of single judge – where court determined that appellant’s employees who performed shotfiring or related services at black coal mines were “eligible employee[s]” pursuant to Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) (“Administration Act”) – where statutory definition called up definition contained in award – where appellant divested itself in February 2022 of a separate business that provided services to underground black coal mines – whether primary judge erred by failing to apply cl 4.3(g) of Black Coal Mining Industry Award 2010 (“BCMI Award”) when construing statutory definition – whether primary judge erred by concluding that “otherwise” in cl 4.3(g) of BCMI Award should be read as “in any event” – whether primary judge erred by granting declaratory relief that extended beyond point of divestment – whether primary judge erred in determining that appellant was otherwise engaged in black coal mining industry for purposes of cl 4.3(g) of BCMI Award – appeal allowed in part.
15 May 2025 |  COLLIER, SNADEN AND HATCHER JJ

Corporations Law
Vasudevn, in the matter of Harbour Guidance Pty Ltd (Administrators Appointed) [2025] FCA 486
CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the First Plaintiffs (administrators) must convene the second meeting of the creditors of the administered company under s 439A(1) — Orders granted.
1 May 2025 |  WHEATLEY J

Industrial Law
Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Simpec Pty Ltd (Liability) [2025] FCA 470
INDUSTRIAL LAW - application for declaratory relief, compensation and interest in respect of annual leave and personal leave entitlements of workers employed in the Iron Bridge Project - where enterprise agreement allowed for system of works with unpaid authorised leave - where workers employed for a 21 days on-swing and 7 days off-swing roster - consideration of the manner in which annual leave and personal leave accrues having regard to terms of enterprise agreement and national employment standards within the Fair Work Act 2009 (Cth) - whether allowing accrued leave as well as overtime entitlements would amount to unjust enrichment for workers such that compensation would not be appropriate unless adjusted - whether claim could be brought on behalf of a class of workers or only an identified worker - whether a referee should be appointed to calculate appropriate compensation for workers - application dismissed
14 May 2025 |  COLVIN J