Today

Representative Proceedings
Southernwood v Brambles Limited (No 4) [2026] FCA 691
REPRESENTATIVE PROCEEDINGS – common issues – issues of commonality – Merck orders – where there is a dispute relating to the answers to common questions following reasons for judgment – orders under section 33ZB of the Federal Court of Australia Act 1976 (Cth) COSTS – representative proceedings – discretion to award costs – where applicant has been successful in only part of a claim period – whether costs should be apportioned having regard to applicants’ partial success – whether a lump-sum costs assessment is appropriate
3 Jun 2026 |  MURPHY J

Practice and Procedure
Culleton v Balwyn Nominees Pty Ltd [2026] FCA 685
PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision summarily dismissing proceeding – whether primary judge erred in summarily dismissing proceeding for being an abuse of process – where primary judge found all issues raised had been previously litigated and determined on multiple occasions – whether primary judge erred in finding no basis for sequestration order made in 2016 to be set aside or bankruptcy annulled – where previous appeal by applicant from sequestration order had been dismissed by Full Court – where applicant charged with offence of allegedly giving false or misleading information to Australian Electoral Commission that he was not an undischarged bankrupt – where applicant sought orders to restrain further steps being taken in criminal proceedings against him – whether primary judge erred in holding premise of such relief could not be made out and therefore there was no reasonable prospect of success – application dismissed.
3 Jun 2026 |  O'CALLAGHAN J

Corporations Law
Woods, in the matter of Gold Merchants International (Aust) Pty Ltd (in liq) [2026] FCA 684
CORPORATIONS – “shelf order” sought by liquidator under s 588F(3) of the Corporations Act 2001 (Cth) (Act) to extend time for making an application under the voidable transaction provisions in s 588FF(1) of the Act – where shelf order application opposed by interested party on the basis that tax-related liabilities the subject of the proofs of debt lodged by the Commissioner of Taxation totalling over $226 million did not arise until on or after the issuing of amended assessments of net amounts and that there could have been no insolvent trading prior to the date of the amended assessments – where contentions of interested party to that effect rejected – shelf order made.
3 Jun 2026 |  O'CALLAGHAN J

Practice and Procedure
Greaves v Ice Skating Australia Limited [2026] FCA 683
PRACTICE AND PROCEDURE – application under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01 of the Federal Court Rules 2011 (Cth) for summary judgment – where respondent is a national governing body and its members are state-based organisations – where applicant was a board member of a state-based organisation and provided volunteer services in connection with national ice-skating competitions – where applicant alleged he was an “eligible whistleblower” and made an “eligible disclosure” to an “eligible recipient” that qualified for protection under the whistleblower provisions under Pt 9.4AAA of the Corporations Act 2001 (Cth) – whether applicant has no reasonable prospect of successfully prosecuting the proceeding – application dismissed
3 Jun 2026 |  NESKOVCIN J

Costs
Yarrawah Interactive Pty Ltd v Epiphany Games Pty Ltd (Costs) [2026] FCA 700
COSTS – proceedings dismissed – indemnity costs sought by successful respondents – offer to compromise made under rule 25.01(1) Federal Court Rules 2011 (Cth) – when offer made, no defence had been filed – not unreasonable to fail to accept offer having regard to amount of offer and quantum of claim – indemnity costs refused
3 Jun 2026 |  DOWNES J