Latest Judgments

Judgments are generally published within 24 hours of being made available by Judges' staff, often earlier. In cases of high media interest, we endeavour to publish judgments within 1 hour of being delivered by the Court.

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Costs
Grigorovich v Morgan Environmental Pty Ltd (No 2) [2026] FCA 1601
COSTS – application for transfer of proceeding from Federal Circuit and Family Court (Division 2) dismissed – whether proceeding in relation to a matter arising under Fair Work Act 2009 (Cth) – whether proceeding instituted vexatiously or without reasonable cause – whether unreasonable act caused costs to be incurred
26 Oct 2026 |  FEUTRILL J

Bankruptcy and Insolvency
Hurst-Meyers v Hoy (No 2) [2026] FCA 1598
BANKRUPTCY AND INSOLVENCY – application made almost two years after entry to vary final costs orders made on an appeal from the Federal Circuit and Family Court of Australia – Court functus officio subject to any power conferred by statute or the Rules and the limited recognised exceptions – whether power available under r 39.05 of the Federal Court Rules 2011 (Cth) – orders accurately reflected the Court’s intention – no clerical error, accidental slip or omission – substantive variation sought – variation unnecessary – substantial and unexplained delay – application inconsistent with the principle of finality. PRACTICE AND PROCEDURE – determination on the papers – request by appellant for an opportunity to respond – where respondent did not seek hearing – where proposed disposition not adverse to appellant – where matters identified by appellant did not bear upon basis of dismissal – hearing and further submissions unnecessary – further cost and delay would serve no useful forensic purpose – overarching purpose in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth). Held: application dismissed.
26 Oct 2026 |  CHEESEMAN J

Aboriginal and Torres Strait Islander Peoples
Wanambi v Wanambi [2026] FCA 1591
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – application for leave to appeal from decision of primary judge that provisions of the Burial and Cremation Act 2022 (NT) and the Administration and Probate Act 1969 (NT) do not engage s 10 of the Racial Discrimination Act 1975 (Cth) in so far as those provisions apply to the burial of a deceased Aboriginal man from the Marraŋu people – interaction of Territory legislative burial provisions with the traditional laws and customs of the Marraŋu people – whether primary judge misdescribed the relevant right – whether primary judge mischaracterised Territory burial provisions or placed too much weight on their apparent racial neutrality – insufficient doubt as to correctness of primary judgment – no substantial injustice supposing primary judgment to be wrong – application dismissed – proceeding dismissed
23 Oct 2026 |  JACKSON J

Migration
Fred-Tutavaha v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 1586
MIGRATION – application for judicial review of decision by the Respondent under s 501BA of the Migration Act 1958 (Cth) – whether consideration of ground 1 should be deferred until after High Court appeal is heard that raises the same issue – whether any jurisdictional error in Assistant Minister’s consideration of the legal consequences of the decision – whether Assistant Minister’s assessment of what was required in the “national interest” was legally unreasonable – consideration of ground 1 is deferred, but other grounds rejected
26 Oct 2026 |  HILL J

Migration
TVVT v Minister for Immigration and Citizenship [2026] FCA 1595
MIGRATION – where Assistant Minister conceded jurisdictional error in decision made under s 501BA of the Migration Act 1958 (Cth) – orders including that writ of certiorari should issue sought by consent – orders made
23 Oct 2026 |  BENNETT J