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.

If you cannot find a judgment, check Federal Law Search; it will  tell you the status of the matter before the Court, including whether a judgment has been delivered.



Today's published judgments

Industrial Law
United Voice v Wilson Security Pty Ltd [2019] FCAFC 66
INDUSTRIAL LAW - where Security Services Award 2010 provides for flexible rostering - where Award did not require payment for both penalty rates and overtime loading for the same hours - where respondent allocated overtime to Sundays over a four-week roster to avoid paying Sunday penalty rates - whether overtime hours can take place before ordinary hours worked - held: primary judge correct to conclude that the Award did not restrict allocation of overtime before ordinary hours worked -appeal dismissed
26 Apr 2019 |  COLLIER, BROMWICH AND WHEELAHAN JJ


High Court and Federal Judiciary ; Defamation ; Damages ; Costs
Oliver v Nine Network Australia Pty Ltd [2019] FCA 583
HIGH COURT AND FEDERAL COURT - federal jurisdiction - issue in relation to jurisdiction of Federal Court in defamation matters identified - first duty of Court to determine questions of jurisdiction - jurisdiction established - discussion of jurisdiction of Federal Court in defamation matters generally DEFAMATION - statements amounting to defamation - particular statements - imputations - television broadcast and website publication - where the applicant alleges that the publications give rise to six defamatory imputations -where the action was tried by a judge sitting alone - whether the alleged imputations or substantially similar imputations are conveyed - two imputations conveyed which are defamatory of the applicant DAMAGES - general damages - assessment - aggravation - where s 34 of the Defamation Act 2005 (NSW) requires damages to bear a rational relationship to harm - no award of aggravated damages warranted - assessment of damages COSTS - observations on Rule 40.08 of the Federal Court Rules which although not applicable because of size of judgment would apply when a proceeding could have been more suitably dealt with in a non-superior court with a fixed monetary jurisdiction and the importance of giving consideration to the likely quantum of damages when deciding whether to commence a defamation proceeding in the Federal Court
26 Apr 2019 |  LEE J


Native Title
Croft v State of South Australia (Port Augusta Overlap Proceeding) (No 2) [2019] FCA 581
NATIVE TITLE - application for one of the three overlapping claims for the determination of native title to be summarily dismissed pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01 of the Federal Court Rules 2011 (Cth) - effect of findings in the determination of nearby claims - effect of the Barngarla People having been recognised as holding native title over area separating the claim area from the area over which the claim has been recognised as having native title - effect of claim groups being members of different cultural groups - consideration of historical and ethnographic material provided in resistance to the summary judgment application - application allowed and native title claim summarily dismissed.
26 Apr 2019 |  WHITE J


Migration
Kio v Minister for Home Affairs [2019] FCA 579
MIGRATION - application for an extension of time - application allowed
19 Mar 2019 |  MURPHY J


Migration
BBE17 v Minister for Immigration and Border Protection [2019] FCA 573
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for review of Immigration Assessment Authority's decision not to grant appellant a protection visa - principles relevant to leave to raise a new ground of appeal - whether Authority overlooked or failed to deal with essential integer or component integer of appellant's claim
26 Apr 2019 |  MURPHY J


Trade Marks
Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545
TRADE MARKS - application for cancellation of trade mark - where respondent failed to participate in proceedings - application for default judgment granted with costs of the proceeding and of the removal/cessation application
17 Apr 2019 |  ALLSOP CJ


Migration
Joseph v Minister for Home Affairs [2019] FCA 582
MIGRATION - where the applicant failed to attend - appeal dismissed.
17 Apr 2019 |  BROMBERG J


Migration
AQL16 v Minister for Home Affairs [2019] FCA 580
MIGRATION - where the applicant failed to attend - application dismissed
15 Apr 2019 |  BROMBERG J


Representative Proceedings
Bartlett v Commonwealth of Australia [2019] FCA 571
REPRESENTATIVE PROCEEDINGS - application for common fund order - content of notice to group members - funding terms - detailed affidavit evidence and submissions filed shortly before hearing - whether amicus curiae ought be appointed to consider material including fine details of order from perspective of group members - application withdrawn in circumstances where Court satisfied it was appropriate for amicus to be appointed - application for order dismissed
12 Apr 2019 |  LEE J