Today

Practice and Procedure
Scidera, Inc. v Meat and Livestock Australia Limited (No 4) [2026] FCA 1257
PRACTICE AND PROCEDURE – cross-claim – application for leave to file and serve notice of cross-claim – out of time – indemnity claim – substantial and longstanding proceeding – overlap between proposed cross-claim and principal proceeding – whether determination of cross-claim should be deferred – case management – efficient use of Court and party resources – avoidance of further interlocutory disputes and fragmented determination of related controversies – leave granted – cross-claim stayed pending outcome of principal proceeding – costs
27 Aug 2026 |  ROFE J

High Court and Federal Court
Brushe (Trustee) v Leach, in the matter of Leach (Bankrupt) [2026] FCA 1242
HIGH COURT AND FEDERAL COURT – jurisdiction of the Federal Court of Australia – where respondent alleges that Federal Court of Australia lacks jurisdiction – whether s 35 of the Bankruptcy Act 1966 (Cth) limits the Federal Court of Australia’s jurisdiction under s 27 of the Bankruptcy Act 1966 (Cth) – whether the proceeding is a “matrimonial cause” under s 4 of the Family Law Act 1975 (Cth) – whether s 8 of the Family Law Act 1975 (Cth) limits this Court’s jurisdiction under s 27 of the Bankruptcy Act 1966 (Cth) PRACTICE AND PROCEDURE – interlocutory application by respondent to transfer proceeding from Federal Court of Australia to Federal Circuit and Family Court of Australia (Division 1) under s 35A of the Bankruptcy Act 1966 (Cth) – where trustee in bankruptcy seeks declarations in Federal Court of Australia that respondent holds property on trust for herself and the trustee in bankruptcy – whether discretion should be exercised to transfer proceeding to Federal Court of Australia to Federal Circuit and Family Court of Australia (Division 1) – interlocutory application dismissed
27 Aug 2026 |  MEAGHER J

Interlocutory Application
N.R Molloy Pty Ltd (as Trustee for the N.R. Molloy Family Trust) v GTP Pty Ltd (as Trustee of the Shane Hill Family Trust) [2026] FCA 1254
INTERLOCUTORY APPLICATION – Application for leave to amend defence to cross-claim – Application to join four new parties as concurrent wrongdoers – no final relief sought against proposed new parties – proposed joinder two weeks before trial risks trial date – inadequate explanation for delay – prejudice to the Respondents - detriment to other litigants in the Court – leave to join parties not granted – leave to amend defence to cross-claim granted to raise contributory negligence – Cross Respondent’s interlocutory application otherwise dismissed
21 Aug 2026 |  BENNETT J

Migration
El Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – assessment of medical evidence – no error established – appeal dismissed
27 Aug 2026 |  SHARIFF J

Civil Penalty
Commissioner of the NDIS Quality and Safeguards Commission v Peters (Penalty and Other Relief) [2026] FCA 1241
CIVIL PENALTY – where respondent convicted of seven counts of dishonestly obtaining a financial advantage by deception – where respondent breached a banning order issued under s 73ZN(2)(b) of the National Disability Insurance Scheme Act 2013 (Cth) – where respondent contravened s 73ZN(10) of the National Disability Insurance Scheme Act 2013 (Cth) – where applicant seeking declaratory relief, injunctive relief and civil penalties – civil penalties ordered – declaratory and injunctive relief refused
27 Aug 2026 |  SHARIFF J

Trade Marks
Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd (No 3) [2026] FCA 1215
TRADE MARKS — claim of trade mark infringement under s 120 of the Trade Marks Act 1995 (Cth) – where the first applicant is the registered owner of several trade marks and the second applicant is an authorised user of those marks – where the first respondent operated a business of selling aftermarket four-wheel drive accessories – whether the first respondent infringed the registered trade marks by importing counterfeit products bearing the marks – the first respondent infringed the marks affixed to products which it imported for the purposes of resale – the first respondent did not infringe the mark affixed to products imported into Australia to be delivered directly because the course of trade ceased before arrival of the goods to the consumer – the first respondent did infringe the marks by advertising goods by reference to the marks – compensatory damages for loss of reputation awarded in respect of the counterfeit products – nominal damages awarded in respect of the advertising – compensatory and additional damages awarded against the first respondent – whether the second respondent was a joint tortfeasor – the second respondent was not a joint tortfeasor because he was not sufficiently personally involved in the infringing sales and advertisements CONSUMER LAW — claim for damages for misleading and deceptive conduct and false or misleading representations – whether the first respondent represented that it or its products had the sponsorship or approval of or an affiliation with the applicants or that the products were those of the applicants or manufactured to standards authorised by the applicants – the representations were conveyed and were false – damages awarded against the first respondent – whether the second respondent was involved in the contraventions – the second respondent was involved because he was directly or indirectly knowingly concerned in the conduct constituting the contraventions – damages awarded against the second respondent TORTS — claim
27 Aug 2026 |  WHEELAHAN J

Corporations Law
Hagakure Limited v Cassisi, in the matter of vbaZen International Pty Ltd [2026] FCA 1235
CORPORATIONS – oppression – where company established as a joint venture between two friends to develop and commercialise a software product – where each held one-half of the shares and directorships – where the relationship deteriorated following a disagreement over proposed commercialisation of the product – where the plaintiffs did not pay the second defendant’s invoice for the development of the product and the defendants responded by denying the plaintiffs access to the product – the impugned conduct in denying access to the product when considered in context did not satisfy s 232(d) or (e) of the Corporations Act 2001 (Cth) – no oppression established
27 Aug 2026 |  GOODMAN J

Industrial Law
Pacific National (Queensland Coal) Pty Ltd v Australian Rail Tram and Bus Industry Union [2026] FCA 1239
INDUSTRIAL LAW – where the applicant seeks declaration that the relevant Enterprise Agreement did not require short term incentive payments – cross claims by respondents seeking declaration that workers were entitled to those payments; that the applicant had contravened s 50 of the Fair Work Act 2009 (Cth); and compensation under s 545 of the Fair Work Act – proper construction of Enterprise Agreement – no requirement of short term incentive payments – no order as to costs
27 Aug 2026 |  WIGNEY J

Migration
Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230
MIGRATION – appeal from a decision of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the Minister refusing to grant a visa to the appellant – whether the primary judge erred in failing to find that the Tribunal fell into jurisdictional error – no error established – appeal dismissed
27 Aug 2026 |  GOODMAN J

Practice and Procedure
De Been v President of the Australian Human Rights Commission [2026] FCA 1252
PRACTICE AND PROCEDURE — application to limit the maximum costs that may be recovered in the proceeding to $0 or such other sum as the Court considers just as between party and party pursuant to r 40.51 of the Federal Court Rules 2011 (Cth) — where there is no public interest element to the proceeding — where merits of the substantive application appear weak at an impressionistic level — where the applicant will not be forced to abandon the appeal if order to limit the maximum costs to $0 is not made — orders made limiting the maximum costs as between party and party in the sum of $10,000
19 Aug 2026 |  O'SULLIVAN J

Practice and Procedure
Zentree Investments Limited v North Limited (Expedition) [2026] FCA 1234
PRACTICE AND PROCEDURE – application for expedited hearing of appeal – factors relevant to expedition and interests of justice – where other proceedings held in abeyance pending outcome of the appeal – application for expedition granted
27 Aug 2026 |  BROMWICH J

Costs
Birenbaum v H & A Nominees Pty Ltd trading as Cairo Takeaway (Costs) [2026] FCA 1233
COSTS – award of costs in favour of the respondents not in dispute; costs on an indemnity basis sought by the respondents and opposed by the applicant – whether applicant failed to comply with overarching purpose of, and conduct litigation in accordance with, s 37M of the Federal Court of Australia Act 1976 (Cth) – otherwise delinquent conduct established – indemnity costs awarded
27 Aug 2026 |  BROMWICH J

Human Rights
Randall v Sydney Trains [2026] FCA 1246
HUMAN RIGHTS – application for interim relief under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) – where applicant alleges discrimination contrary to s 15(2) of the Disability Discrimination Act 1992 (Cth) – where complaint lodged with Australian Human Rights Commission – where the complaint has not been terminated – statutory purposes of the interim injunction – application refused
27 Aug 2026 |  MARKOVIC J

Competition
Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231
COMPETITION – application for a no adverse costs order (NACO) under s 82(3) of the Competition and Consumer Act 2010 (Cth) – whether the Court is satisfied of the criteria in s 82(5) – interpretation of criteria under s 82(5) – application of criteria to the present proceeding – whether order should be made in exercise of discretion under s 82(4) – HELD: each criterion under s 82(5) satisfied – NACO made under s 82(4)
27 Aug 2026 |  BROMWICH J

Practice and Procedure
Cwalina v State of Victoria [2026] FCA 1249
PRACTICE AND PROCEDURE — applications by respondents for summary dismissal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) — where proceedings reveal no cause of action such that the applicant has no prospect of successfully prosecuting the proceedings — proceedings summarily dismissed
15 Jul 2026 |  O'SULLIVAN J