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


Clancy Exploration Limited, in the matter of Clancy Exploration Limited [2018] FCA 569
CORPORATIONS - application for declaratory relief to validate share trades and relieve sellers of shares from civil liability - where contraventions of s 707(3) and s 727 as to disclosure - where company unable to issue cleansing notice - where cleansing prospectus issued after trading - where no disregard for obligations
10 Apr 2018 |  BANKS-SMITH J


Industrial Law
Republic of Italy (Minister of Foreign Affairs and International Cooperation - Adelaide Consulate) v Benvenuto [2018] FCAFC 64
INDUSTRIAL LAW - appeals from the Industrial Relations Court of South Australia - immunity of a foreign State from the jurisdiction of Australian courts under s12(1) of the Foreign States Immunities Act 1985 (Cth) (the Immunities Act) - application of s12(4) of the Immunities Act - whether an inconsistent provision is included in the contracts of employment - meaning of "inconsistent provision" - whether a law of Australia does not avoid the operation of, or prohibit or render unlawful the inclusion of, the provision - appeals dismissed.
24 Apr 2018 |  ALLSOP CJ, BESANKO AND WHITE JJ


Practice and Procedure
Sexpo Pty Ltd v Collective Shout Limited [2018] FCA 544
PRACTICE AND PROCEDURE - application for preliminary discovery under rule 7.23 of the Federal Court Rules 2011 (Cth) - where the prospective applicant believed it had a right to obtain relief in a claim against the prospective respondent for misleading and deceptive conduct under section 18 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) - where the prospective applicant claimed it needed more information to determine if the prospective respondent was acting "in trade or commerce" - the test for determining whether an application under rule 7.23 succeeds - whether the prospective applicant subjectively held the belief that it had suffered damage or loss to its reputation. Held: application dismissed
24 Apr 2018 |  REEVES J


Migration
Jikoivavalagi v Minister for Immigration and Border Protection [2018] FCA 559
MIGRATION - where the Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection not to revoke the cancellation of the applicant's visa - where the applicant had a substantial criminal record and had received prior warning that reoffending may result in his visa being cancelled - whether there was "another reason" to revoke the cancellation of the applicant's visa pursuant to s501CA(4)(b)(ii) of the Migration Act 1958 (Cth) - whether the decision by Tribunal was legally unreasonable - whether the Tribunal failed to take into account a relevant consideration or took into account an irrelevant consideration - whether the Tribunal breached Articles 17 and 23 of the International Covenant on Civil and Political Rights - whether the applicant was denied procedural fairness - where the applicant did not particularise the grounds of relief upon which he relied
23 Apr 2018 |  THAWLEY J