Today

Migration
Hameed v Minister for Immigration and Citizenship [2026] FCA 1469
MIGRATION – application for an extension of time and leave to appeal from Federal Circuit and Family Court (Division 2) – where applicant did not attend hearing – where first respondent applied for dismissal of application under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) – HELD: application for an extension of time and leave to appeal dismissed
17 Aug 2026 |  BROMWICH J

Migration
ETS19 v Minister for Immigration and Citizenship [2026] FCA 1434
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the former Administrative Appeals Tribunal (Tribunal) – whether the primary judge was correct to find that the Tribunal decision was not affected by jurisdictional error – no issue of principle – no error of law established – appeal dismissed with costs
6 Oct 2026 |  LENEHAN J

Migration
Parmar v Minister for Immigration and Citizenship [2026] FCA 1433
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the former Administrative Appeals Tribunal (Tribunal) – whether the primary judge was correct to find that the Tribunal decision was not affected by jurisdictional error – where Tribunal made its decision without hearing from the appellant after he did not reply to a request for information by the Tribunal’s deadline – no issue of principle – no error of law established – appeal dismissed with costs
6 Oct 2026 |  LENEHAN J

Corporations Law
PlayWest Pty Ltd v Apple Inc [2026] FCA 1464
CORPORATIONS – application for urgent interlocutory injunction restraining first defendant from terminating agreements with plaintiffs and restoring PlayWest App to App store – where plaintiff stands to incur significant loss from removal of App – where plaintiffs claim App being removed from App store and termination was breach of agreements – where plaintiffs claim in the alternative that provisions in agreements allowing for termination in the manner complained of are unfair contract terms contrary to s 23(2C) of the Australian Consumer Law or is unconscionable conduct for the purposes of s 21 of the Australian Consumer Law – consideration of principles where relief sought is a mandatory injunction – held that serious question to be tried as first defendant did not provide basis for termination and inequality in bargaining positions is obvious and extreme – balance of convenience in favour of granting injunction as damages unlikely to be an adequate remedy and no possible harm to defendants identified – application allowed PRACTICE AND PROCEDURE – application for retrospective leave for service outside of Australia pursuant to r 10.44 of the Federal Court Rules 2011 (Cth) – where first defendant is a United States entity – where notification to first defendant incorrectly referred to leave having been obtained – retrospective leave denied – order for plaintiffs' solicitors to provide documents by email on request of first defendant
17 Sep 2026 |  COLVIN J

Contracts
Sech Finance Pty Limited v RAMS Financial Group Pty Limited (Initial Trial) [2026] FCA 1458
CONTRACTS – mortgage broking franchise for five-year term – authorised credit representative arrangements – revocation of authorised credit representative arrangements followed by notice of proposed termination of franchise agreement – contractual provisions governing revocation and proposed termination – interaction between contractual powers and statutory power of revocation under s 68 of the National Consumer Credit Protection Act 2009 (Cth) CONTRACTS – express contractual obligation to deal in good faith – obligation under Franchising Code of Conduct – content of obligation of good faith in exercise of contractual powers and discretions – franchisor entitled to have substantial regard to recommendation and assessment of related credit provider – relevant powers conferred upon franchisor – whether franchisor genuinely exercised its own powers – decision-maker identified deficiency in information supporting recommendation – Westpac advised that all information it considered itself able to share had been provided – evaluative process completed while identified deficiency remained unresolved – absence of meaningful opportunity to address substance of accumulated case relevant to character of exercise – breach of obligation of good faith established CONSUMER LAW – Franchising Code of Conduct – statutory obligation of good faith – unconscionable conduct – whether conduct constituting breach of good faith also unconscionable – unconscionability not established – implied obligation of co-operation – no additional conclusion arising from implied obligation BANKING AND FINANCIAL INSTITUTIONS – consumer credit – National Consumer Credit Protection Act 2009 (Cth) – authorised credit representatives – relationship between credit provider, credit licensee and authorised credit representatives – heightened review of loan applications by credit provider – genuine regulatory and commercial concerns – restrictions upon disclosure of information under Anti-M
6 Oct 2026 |  LEE J