Today

Corporations Law
ST Private Investment Fund No 1 Pty Ltd v Agio Global Funds Management Pty Ltd [2026] FCA 1367
CORPORATIONS — Application for appointment of receivers and managers under s 23 and s 57 of the Federal Court of Australia Act 1976 (Cth) — Whether just or convenient to appoint receivers — Where there was evidence that the fund did not hold an Australian Financial Services Licence — Where sole director consented to the appointment of receivers — Where a majority of unitholders supported appointment — Receivers and managers appointed.
11 Sep 2026 |  WHEATLEY J

Practice and Procedure
Tan v Commonwealth of Australia (Department of Defence) (No 2) [2026] FCA 1350
PRACTICE AND PROCEDURE - application to vacate hearing on basis that leave is being sought in light of direction under r 2.27(f) of the Federal Court Rules 2011 (Cth) - application denied
11 Sep 2026 |  VANDONGEN J

Practice and Procedure
Yacouba v Key Assets The Children’s Services Provider (Australia) Limited (leave to appeal) [2026] FCA 1371
PRACTICE AND PROCEDURE – application for leave to appeal against interlocutory judgment – primary judge dismissed application under Federal Court Rules 2011 (Cth) r 39.05 to set aside previous order consolidating two proceedings – primary judge ordered that applicant’s affidavit containing scandalous material be removed from court file and that applicant be restrained from communicating directly or indirectly with respondent’s employees – primary judge was exercising procedural discretions - applicant’s arguments do not raise any arguable error of principle – leave to appeal refused COSTS – application for costs under Fair Work Act 2009 (Cth) s 570 – respondent alleged that the proceeding was instituted without reasonable cause, and the applicant had unreasonably continued proceedings – applicant is self-represented – costs order made
16 Sep 2026 |  HILL J

Practice and Procedure
Khattabi v Jetstar Airways Pty Limited [2026] FCA 1372
PRACTICE AND PROCEDURE - recusal application - where the applicant unsuccessful in application – where substantive proceeding is an application for relief under the Fair Work Act 2009 (Cth)
16 Sep 2026 |  ABRAHAM J

Environment Law
Save Wallum Incorporated v Clarence Property Corporation Limited (No 6) [2026] FCA 1365
ENVIRONMENTAL LAW – where the applicant has foreshadowed an appeal of a primary judgment and seeks an extension of an interim injunction under s 475(5) of the Environment Protection and Biodiversity Act 1999 (Cth) (EPBC Act) to preserve the habitat of various threatened species under the EPBC Act – where respondents proffered undertakings – whether appeal would be rendered nugatory if interim injunction was not granted
16 Sep 2026 |  KENNETT J

Practice and Procedure
Crane v Gidley (Liquidator), in the matter of Steel City Formwork Pty Ltd (in liq) (No 2) [2026] FCA 1368
PRACTICE AND PROCEDURE – where leave to appeal in part granted in previous decision – where respondent filed notice of discontinuance signed by appellant and respondent – where terms of notice of discontinuance were to the effect of allowing the appeal – where parties ultimately sought discontinuance of appeal with no order as to costs – where parties sought removal of notice of discontinuance from Court file pursuant to r 2.28(1)(c)(ii) of the Federal Court Rules 2011 (Cth) – appeal dismissed by operation of r 36.73 of the Federal Court Rules 2011 (Cth)
16 Sep 2026 |  MEAGHER J

Administrative Law
Kuksal v Administrative Review Tribunal [2026] FCA 1353
ADMINISTRATIVE LAW – application for judicial review and/or declarations in relation to decision of Administrative Review Tribunal – application for merits review of decision not to defer Court filing fees for applications to set aside bankruptcy notices – applicants made bankrupt during course of review application – Tribunal decided that applicants cannot continue with the application, then later dismissed the application under Administrative Review Tribunal Act 2024 (Cth) s 84 – bankruptcy notices have since been acted on, and sequestration orders made – any relief in this proceeding would be futile – originating application dismissed PRACTICE AND PROCEDURE – decision to deal with application without an oral hearing under Federal Court of Australia Act 1976 (Cth) s 20A(2) – no contradictor – subject-matter is application for judicial review – no real and relevant issue of fact – relevant legal issues can be dealt with adequately by written submissions PRACTICE AND PROCEDURE – letter from First Applicant treated as containing a recusal application – no reasonable apprehension of bias
16 Sep 2026 |  HILL J

Consumer Law
Plus500AU Pty Ltd v AghaeiRad [2026] FCAFC 125
CONSUMER LAW – unfair contract terms – standard form electronic consumer contract – arbitration clause contained in agreement accepted by click-through process – transparency – significant imbalance in parties’ rights and obligations – reasonable necessity to protect legitimate interests – operation of internal dispute resolution, mediation and AFCA processes – arbitration clause held unfair and void under ss 12BF and 12BG of the Australian Securities and Investments Commission Act 2001 (Cth) ARBITRATION – application for stay and referral to arbitration under s 8(1) of the Commercial Arbitration Act 2010 (NSW) – arbitration agreement in consumer contract – legislative policy favouring arbitration – significance of arbitration clause in standard form consumer contract – whether arbitration agreement “null and void, inoperative or incapable of being performed” – effect of unfair contract terms regime on enforceability of arbitration agreement REPRESENTATIVE PROCEEDINGS – Pt IVA of the Federal Court of Australia Act 1976 (Cth) – application to stay representative proceeding and refer dispute to arbitration – effect on group members – interaction between arbitration agreements and representative proceedings – supervisory and protective role of Court in relation to absent group members – notice and substitution considerations – appropriateness of relief sought CONTRACTS – objective theory of contract – electronic contracting – click-wrap agreements – assent to online terms and conditions – incorporation of arbitration clause – significance of consumer understanding and contractual transparency
16 Sep 2026 |  LEE, BANKS-SMITH AND STEWART JJ

Contracts
TLAS Pty Ltd as trustee for the TLAS Trust v Arrowes Roading Safety Pty Ltd [2026] FCA 1356
CONTRACTS – agreement for supply of an automatic cone truck – where purchaser claimed breach of warranty – where contractual terms took their meaning from the Australian Consumer Law (ACL) – whether the vehicle failed to meet guarantee of acceptable quality – whether failure of acceptable quality guarantee was a “major failure” – damages CONSUMER LAW – whether respondent vendor engaged in misleading or deceptive conduct in contravention of s 18 of the ACL – whether applicant relied on the alleged false representation
16 Sep 2026 |  HESPE J

Consumer Law
Australian Competition and Customer Commissioner v Mosaic Brands Limited (No 2) [2025] FCA 1699
CONSUMER LAW – where large fashion retailer operated online websites for nine brands – the Australian Competition and Customer Commissioner (ACCC) alleged contraventions of ss 18, 36(4), 29(m)(1) and 102(2) of the Australian Consumer Law (being schedule 2 of the Competition and Consumer Act 2010 (Cth)) – where company went into administration and then liquidation – where ACCC granted leave to continue and matter proceeds undefended – two broad categories contraventions established: misleading representations concerning delivery times and misleading representations concerning warranties for defective products – pecuniary penalties ordered
29 Aug 2025 |  WIGNEY J

Foreign Acquisitions
Commissioner of Taxation v Handojo (No 2) [2026] FCA 1363
FOREIGN ACQUISITIONS – acquisition of real property – residential property – contraventions of Foreign Acquisitions and Takeovers Act 1975 (Cth) – contraventions of s 96(1) concerning failure to comply with conditions of no objection notification – respondent failed to take any step in the proceeding – default judgment – imposition of pecuniary penalties – fixing of penalties under s 82 of Regulatory Powers (Standard Provisions) Act 2014 (Cth).
15 Sep 2026 |  O'BRYAN J

Migration
FLLB v Minister for Immigration and Citizenship [2026] FCA 1298
MIGRATION – application for urgent interim injunction restraining respondents from removing applicant to Republic of Naoero under third country reception arrangement – where applicant was previously on a Bridging Visa R – where final relief sought is a declaration that the applicant is not prevented by s 48A of the Migration Act 1958 (Cth) from making a second Protection Visa application – whether applicant has prima facie case – whether balance of convenience favours grant of interim injunction – interim injunction granted
1 Sep 2026 |  RANGIAH J