Today

Defamation
Al Muderis v Nine Network Australia Pty Limited (Trial Judgment) [2025] FCA 909
DEFAMATION – where the applicant is a well-known orthopaedic surgeon – where applicant sues in defamation over a 60 Minutes program broadcast by Nine Network – where publications televised, published online and in print – where 75 defamatory imputations alleged DEFAMATION – defences – substantial truth – justification defence – s 25 of the Defamation Act 2005 (NSW) – where imputations conveyed may be summarised into 9 stings – imputations involving improper sales tactic, misleading osseointegration patients, poor patient selection, negligent post-operative care, illegal procedures in the United States, prioritising money, fame, reputation and numbers, mistreating staff, lying to journalists, unethical conduct case DEFAMATION – defences – contextual truth – s 26 of the Defamation Act 2005 (NSW) – some imputations established as substantially true – whether imputations not substantially true or where there is no truth defence do not further harm the applicant’s reputation – contextual truth considers the facts, matters and circumstances relied upon to support the substantial truth of the contextual imputations rather than the terms of the imputation – defence established DEFAMATION – defences – public interest – s 29A of the Defamation Act 2005 (NSW) – consideration of legislative construction – whether the respondents reasonably believed the matters published was in the public interest – flaws in a matter will not necessarily preclude the defence – inform prospective patients about a cohort of the applicant’s patients who had negative experiences – defence established EVIDENCE – observation as to fact-finding, onus and standards of proof – inferences in relation to the failure of a party to call a particular witness: Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 – principles in Browne v Dunn (1893) 6 R 67 (HL) – consideration of contemporaneous documents – consideration of standard practice and inferences that may be drawn – consideration o
8 Aug 2025 |  ABRAHAM J

Migration
Chalissery v Minister for Immigration and Citizenship [2025] FCA 923
MIGRATION — application for an extension of time to file a notice of appeal — short delay, no prejudice to the first respondent — where no draft notice of appeal accompanied the application — where applicant was without sponsored employment for more than 60 days — where no prospects of a successful appeal — application dismissed
8 Aug 2025 |  O'SULLIVAN J

Practice and Procedure
Al Muderis v Nine Network Australia Pty Limited (No 5) [2025] FCA 908
PRACTICE AND PROCEDURE – application for evidence of two of the respondents’ witnesses to be heard via video link from United States – application for evidence of one of the respondents’ witnesses to be heard via video link from South Australia – the relevant principles to the exercise of discretion to permit evidence by video link – discussion of difficulties that can be associated with cross-examination via video link – call for production of documents over video link – application granted
8 Aug 2025 |  ABRAHAM J

Corporations Law
Australian Securities and Investments Commission v iSignthis Limited (Penalty) [2025] FCA 917
CORPORATIONS – disqualification orders and pecuniary penalties sought against director and company – where serious contraventions of ss 180, 674(2A) and 1309(1) and (12) of the Corporations Act 2009 (Cth) by director – where serious contravention of s 674(2) of the Act by company – where contraventions involved misleading market and market operator – where contraventions had serious impact on market – where contraventions were deliberate and continuing – where there is an absence of contrition and cooperation – asserted mitigating factors including reliance on external legal advice are not exculpatory – nature and extent of contraventions, protection of the public, and deterrence justify disqualification and pecuniary penalties to be ordered in respect of director – nature and extent of the contraventions and deterrence justify pecuniary penalty to be ordered in respect of company
8 Aug 2025 |  MCEVOY J

Migration
RCWV v Minister for Immigration and Multicultural Affairs [2025] FCA 907
MIGRATION – application for extension of time to lodge application for judicial review of migration decision – extension of time granted – application for judicial review of Minister’s decision under s 501BA of the Migration Act 1958 (Cth) – whether Minister erred by failing to consider material advanced by the applicant – whether Minister misunderstood the nature of the power under s 501BA(2) – application dismissed
8 Aug 2025 |  MCEVOY J

Practice and Procedure
Akibou Yacouba v Key Assets The Children's Services Provider (Australia) Limited (No 2) [2025] FCA 928
PRACTICE AND PROCEDURE– litigant in person – non-attendance – application by respondent for consolidation of related actions – orders made
7 Aug 2025 |  BANKS-SMITH J

Corporations Law
Platinum Capital Limited, in the matter of Platinum Capital Limited (No 2) [2025] FCA 925
CORPORATIONS – application under s 1319 of the Corporations Act 2001 (Cth) to cancel a meeting of shareholders convened pursuant to s 411(1) of the Corporations Act – where scheme resolution unlikely to attain requisite approval due to opposition of substantial shareholder – where scheme implementation deed terminated – where directors of opinion that cancellation of the scheme meeting is in best interests of shareholders – whether to exercise power to order that scheme meeting not be held and to vacate earlier orders requiring the scheme meeting to be held – Held: application granted
8 Aug 2025 |  CHEESEMAN J

High Court and Federal Judiciary
Luck v Secretary, Services Australia (Vexatious Proceedings Order) [2025] FCAFC 103
HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (the Act) – where the appellant has a long and active career as a litigant in Australian courts and tribunals – where the appellant’s litigious activity is characterised by delays, spurious interlocutory applications, refusals to prosecute proceedings once commenced and avoidance of hearings – whether the appellant’s litigious history indicates an abuse of process – whether the Court’s power under s 37AO of the Act to make a vexatious proceedings order on its own initiative is engaged – whether making a vexatious proceedings order is appropriate – whether the exercise of such power is “procedurally” deficient
11 Jun 2025 |  ROFE, HESPE AND KENNETT JJ

Migration
Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 102
MIGRATION – appeal from decision of primary judge – whether primary judge erred in finding the Administrative Appeals Tribunal (Tribunal) did not deny the appellant procedural fairness – where Tribunal affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) (the Act) – where Tribunal made adverse credibility findings against appellant’s witnesses – where Tribunal notified appellant after hearing of possible adverse findings – whether appellant had reasonable opportunity to respond – where Tribunal gave opportunity for further submissions – where Tribunal was required by s 500(6L) of the Act to make decision in short time period – no error established – appeal dismissed
8 Aug 2025 |  RANGIAH, JACKSON AND MEAGHER JJ

Practice and Procedure
Kitoko v University of Technology Sydney (No 3) [2025] FCA 915
PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where application for leave to appeal is more than three years out of time – where no adequate explanation provided for the delay – prejudice to the respondents – proposed appeal has insufficient prospects of success – application dismissed – timetable made for vexatious litigant orders to be considered
8 Aug 2025 |  SHARIFF J

Practice and Procedure
Kitoko v Sydney Local Health District [2025] FCA 914
PRACTICE AND PROCEDURE – interlocutory application for summary judgment and dismissal of the applicant’s originating application – where the applicant repeats claims previously considered and dismissed by the Supreme Court of New South Wales (SC Proceedings) – where the parties to the present proceedings are identical to the parties in the SC Proceedings – where leave to appeal from the decision in the SC Proceedings was refused – where special leave application was refused by the High Court – where claims introduced in these proceedings rely on the same factual substratum of claims already determined – whether applicant’s claims have reasonable prospects of success – whether present proceedings are an abuse of process – whether claims are precluded by an issue or Anshun estoppel – interlocutory application allowed – proceedings dismissed
8 Aug 2025 |  SHARIFF J

Practice and Procedure
Qinao Lianchuang (Zhuhai) Development Co. Ltd v Shandong Yulong Gold Co. Ltd [2025] FCA 912
PRACTICE AND PROCEDURE – application for continuation of freezing and ancillary orders pursuant to rr 7.32 and 7.33 of the Federal Court Rules 2011 (Cth) – where prospective applicant has benefit of arbitration award in foreign jurisdiction – whether good arguable case for recognition of foreign arbitral award – where risk of diminution of value of assets in Australia established – whether risk of undermining Court’s processes following recognition of foreign arbitral award – whether balance of convenience favours the continuation of the freezing orders – held: freezing order made
18 Jul 2025 |  CHEESEMAN J

Migration
EDG16 v Minister for Immigration and Citizenship [2025] FCA 913
MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing appellant’s application for judicial review of decision of Minister for Immigration and Citizenship – where Minister refused to grant visa and determined appellant was “excluded fast track review applicant” –where appellant previously applied for protection and was refused – definition of “excluded fast track review applicant” – whether “significantly new claims” within definition of “excluded fast track review applicant” – appeal dismissed with costs
7 Aug 2025 |  COLLIER J

Practice and Procedure
Australian Securities and Investments Commission v eToro Aus Capital Limited (No 2) [2025] FCA 904
PRACTICE AND PROCEDURE – application to rely on late evidence – where respondent sought to file expert evidence six months after date specified in orders – where delay arose from underestimation of respondent’s capacity to prepare expert evidence – whether late evidence is of utility – where questions of relevance arose at interlocutory hearing – relevance of evidence to be considered at trial – whether applicant suffered prejudice – where sufficient time for applicant to file evidence in reply – where proceeding is a civil penalty proceeding – leave granted to rely on late evidence
7 Aug 2025 |  STELLIOS J