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

Corporations Law
Deputy Commissioner of Taxation v Interactive Printer Solutions Pty Ltd [2017] FCA 438
CORPORATIONS - application for an adjournment of the application for winding up of the company on the ground of insolvency
05 Apr 2017 |  DAVIES J


Corporations Law ; Practice and Procedure
Deputy Commissioner of Taxation v A & S Services Australia Pty Ltd [2017] FCA 437
CORPORATIONS - Ex parte applications to appoint provisional liquidator - discretionary considerations for appointment of provisional liquidator PRACTICE AND PROCEDURE - applications for freezing orders - whether arguable case - whether risk of removing, disposing of, dealing with or diminishing value of, assets
27 Apr 2017 |  DAVIES J


Practice and Procedure ; Consumer Law
Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424
PRACTICE AND PROCEDURE: Preliminary discovery - Whether test differs from test under previous rule - Whether prospective applicant required to reasonably believe they may have a right to obtain relief - Whether evidence of belief in the matters stipulated by the rule must be given personally by the prospective applicant - Whether prospective applicant's right to relief sufficiently articulated - Relevance of documents sought to informing the prospective applicant's decision to start proceedings - Federal Court Rules 2011 (Cth), r 7.23
28 Apr 2017 |  BROMWICH J


Copyright ; Costs
Universal Music Australia Pty Limited v TPG Internet Pty Ltd [2017] FCA 435
COPYRIGHT - section 115A of Copyright Act 1968 (Cth) - whether injunction should be granted requiring carriage service providers ("CSPs") to take reasonable steps to disable access to online locations outside Australia infringing or facilitating infringement of copyright - appropriate form of orders COSTS - whether applicants should be required to pay CSPs' costs of complying with injunctions, and if so, what amounts - whether applicants should pay CSPs' costs of the proceedings
28 Apr 2017 |  BURLEY J


Industrial Law ; Appeal and New Trial ; Costs
Barnes v Hatch Associates Pty Ltd [2017] FCA 434
INDUSTRIAL LAW - Fair Work Act 2009 (Cth) - workplace rights and responsibilities - general protections - adverse action - whether adverse action taken for prohibited reason - prejudicial alteration of position - whether Jones v Dunkel (1959) 101 CLR 298 inference could be drawn in relation to alleged failure of respondent to call certain evidence - relevant decision-makers called by employer - Jones v Dunkel inapplicable APPEAL AND NEW TRIAL - appeal from Federal Circuit Court of Australia - rehearing - trial judge's assessment of credibility of witnesses - applicable principles in respect of exercise of appellate jurisdiction in relation to credibility assessment COSTS - procedural fairness - departure by court from understanding engendered in parties by representation of judge's associate - resultant denial of procedural fairness
28 Apr 2017 |  LOGAN J


Costs ; Trade Marks
Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 4) [2017] FCA 436
COSTS - application for indemnity costs - consideration of applicable principles - whether lump sum costs order or ordinary taxation appropriate - whether costs should be made payable forthwith
28 Apr 2017 |  PERRAM J


Costs ; Consumer Law
Telstra Corporation Limited v Australian Competition and Consumer Commission (No 2) [2017] FCA 430
COSTS - whether an applicant for judicial review of a regulatory decision, having failed to obtain any relief by way of judicial review, should pay the costs of certain entities who were added as parties to the proceeding upon their own application after the proceeding had been commenced in circumstances where those entities had taken a substantial role in the public inquiry which had led to the regulatory decision and where they had an obvious legitimate commercial interest in the outcome of the inquiry and of the judicial review proceeding
27 Apr 2017 |  FOSTER J


Workers' Compensation ; Administrative Law
Comcare v Wuth [2017] FCA 433
WORKERS' COMPENSATION - Safety, Rehabilitation and Compensation Act 1988 (Cth) - s 24 - determination of percentage degree of permanent impairment where no quantitative percentage for condition in approved Guide or American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides) - where Administrative Appeals Tribunal found employee's pain-related impairment unrateable in accordance with Ch 18 of AMA Guides - whether Ch 18 of AMA Guides required award of no more than 3% for pain-related impairment - whether Tribunal required to make "clinical judgment" to determine percentage degree of permanent impairment under s 24(6) WORKERS' COMPENSATION - Safety, Rehabilitation and Compensation Act 1988 (Cth) - calculation of normal weekly earnings under s 8(1) - whether calculation of average number of hours worked in each week during the relevant period to be made by reference to agreed or paid hours rather than actual hours worked- whether Tribunal can use hypothetical not factual number of hours worked ADMINISTRATIVE LAW - Safety, Rehabilitation and Compensation Act 1988 (Cth) - procedural fairness - where s 24(6) required Tribunal to award percentage for degree of permanent impairment - where expert medical evidence opined not possible to award a percentage degree of permanent impairment in accordance with approved Guide or AMA Guides - whether Tribunal required to inform parties it would determine percentage under s 24(6) - whether practical injustice shown
27 Apr 2017 |  RARES J


Administrative Law
Shrestha v Minister for Immigration and Border Protection [2017] FCAFC 69
ADMINISTRATIVE LAW - jurisdictional error affecting administrative decision - no possibility of different outcome had error not been made - discretionary refusal of remedies sought on application for judicial review - relief denied on appeal MIGRATION - Tribunal decision to affirm cancellation of higher education student visa - meaning of "circumstance" in s 116(1)(a) of the Migration Act 1958 (Cth) - Tribunal asked itself the wrong question in determining whether grounds to cancel the visa existed - Federal Circuit Court erred in failing to identify jurisdictional error - no possibility of different outcome had Tribunal error not been made - appeal dismissed
27 Apr 2017 |  BROMBERG, BROMWICH AND CHARLESWORTH JJ


Migration
Singh v Minister for Immigration and Border Protection [2017] FCAFC 67
MIGRATION - proper construction of s 360 of the Migration Act 1958 (Cth) - appeal from Federal Circuit Court decision dismissing application for judicial review of Tribunal's decision to cancel a scheduled hearing - where Tribunal hearing cancelled due to lack of response to s 359A comment invitation - where invitation to attend hearing was issued before comment invitation was issued - whether extant hearing obligation existed by virtue of earlier hearing invitation - whether any temporal limitation should be imposed on ss 359C, 360, 363A of the Migration Act 1958 (Cth)
27 Apr 2017 |  NORTH, BROMBERG AND BROMWICH JJ