Today

Today's published judgments

Costs
Wanambi for himself and on behalf of the Marraŋu People of East Arnhem Land v Wanambi (No 2) [2026] FCA 926
COSTS – application for costs by successful respondent –costs awarded
15 Jul 2026 |  O'BRYAN J


Practice and Procedure
Pandey v Minister for Immigration and Citizenship [2026] FCA 927
PRACTICE AND PROCEDURE – application for adjournment – where no evidence that appellant had made efforts to find legal representation – where medical evidence insufficient to justify adjournment – application for adjournment refused MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship not to grant the appellant a Student (Temporary) (Class TU) (Subclass 500) visa – where none of the grounds of appeal relied on demonstrates error by the primary judge – appeal dismissed
15 Jul 2026 |  JACKMAN J


Administrative Law
Huynh v Secretary, Department of Social Services [2026] FCA 906
ADMINISTRATIVE LAW – appeal under s 172 of the Administrative Review Tribunal Act 2024 (Cth) from a decision of the Administrative Review Tribunal – where the applicant is self-represented – where the respondent objected to the competency of the notice of appeal on the basis that it failed to disclose a question of law – notice of objection to competency upheld – notice of appeal dismissed without leave to amend
14 Jul 2026 |  NESKOVCIN J


Trusts and Trustees
Larkspur Tribeca Ltd v iSignthis Ltd [2026] FCA 908
TRUSTS AND TRUSTEES – Construction of trust deed – principles applicable to construction of trust deeds –requirement for certainty of subject of trust – where assets subject of trust are shares and rights to shares – where rights to shares convert subject to milestones being met – whether trust assets mere expectancy – chose in action as trust asset EQUITY – Participation in the wrongdoing of a trustee – Barnes v Addy – liabilities as a knowing recipient –– liabilities as a knowing assistant – claims not established EQUITY – Rectification – rectification of a deed –whether common intention established – insufficient contemporaneous materials supporting alleged common intention – claim not established CONSUMER LAW – Misleading and deceptive conduct – representation as to a future matter – allegation of misleading and deceptive conduct by “making” an agreement – claim not established EQUITY – Remedies – equitable compensation for breach of trust – where breach involved failure to transfer shares – compensation to be assessed at time of judgment – expert evidence as to price and value of shares
14 Jul 2026 |  NESKOVCIN J


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