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

Costs
Fewin Pty Ltd v Burke (No 3) [2017] FCA 693
COSTS - applications for lump sum costs orders - where entitlement to costs on an indemnity basis - where no evidence that costs claimed were unreasonable - whether to exercise discretion to make orders for lump sum costs - where orders made by consent for costs to be paid "as agreed or taxed" - whether lump sum costs order can be made in circumstances where costs to be paid "as agreed or taxed" - quantification of lump sum costs orders - applications allowed
23 Jun 2017 |  MARKOVIC J


Bankruptcy
White (Trustee), in the matter of Vlahos (Bankrupt) v Ljubicic [2017] FCA 717
BANKRUPTCY - application for summary judgment - void transactions under s 120 of the Bankruptcy Act 1966 (Cth) - betting syndicate - Ponzi scheme - no consideration for payments - application granted
23 Jun 2017 |  BEACH J


Consumer Law
Australian Battery Distributors Pty Ltd v Robert Bosch (Australia) Pty Ltd (No3) [2017] FCA 707
CONSUMER LAW - further amended statement of claim alleging contravention of ss 18 and 21 of The Australian Consumer Law, Sch2 to the Competition and Consumer Act 2010 (Cth) - application to strike out or summarily dismiss the statement of claim for alleged deficiencies - order made striking out the statement of claim
23 Jun 2017 |  DOWSETT J


Admiralty
Delaware North Marine Experience Pty Ltd v The Ship "Eye-Spy" [2017] FCA 708
ADMIRALTY- bareboat charter - whether charter breached due to failure to exercise due diligence to make vessel seaworthy - whether damage to vessel a result of a latent defect - whether the plaintiff's crew took delivery of the crew "as is, where is" - whether damage to vessel caused by the negligence of the plaintiff's crew - whether plaintiff relieved from strict compliance with redelivery obligations pursuant to the charter - whether redelivery clause of charter imposes a penalty and is therefore unenforceable. ADMIRALTY - Admiralty Act 1988 (Cth) s 34(1)(a)(i) - excessive security - whether the security sought for the release of the vessel from arrest was excessive, unreasonable and without good cause.
23 Jun 0201 |  MCKERRACHER J


Consumer Law
Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2) [2017] FCA 709
CONSUMER LAW - contraventions of the Australian Consumer Law - representative case based on system of conduct or pattern of behaviour - misleading or deceptive conduct - false or misleading representations - unfair consumer contract terms - unsolicited consumer agreements - unconscionable conduct - accessorial liability of company director - leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) - leave to proceed under r30.21(1)(b)(i) of the Federal Court Rules 2011 (Cth) where respondents absent at trial - contraventions of Australian Consumer Law established
23 Jun 2017 |  BEACH J


Practice and Procedure ; Aviation
Gibson v Malaysian Airline System Berhad (No 2) [2017] FCA 701
PRACTICE AND PROCEDURE - representative proceedings - whether leave to amend pleading should be granted - whether claims extinguished by Article 35 of Montreal Convention - whether new claim for relief or new foundation of law for claim for relief - whether new claim for relief arises out of same facts or substantially same facts - whether amendment operates from date of commencement of proceeding or date of hearing of amendment application AVIATION - compensation under Civil Aviation (Carriers' Liability) Act 1959 (Cth) - consideration of 1999 Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) - Article 17 - Death and Injury of Passengers - Article 33 - Jurisdiction - Article 35 - Limitation of Actions
23 Jun 2017 |  PERRAM J


Practice and Procedure
CSZ15 v Minister for Immigration and Border Protection [2017] FCA 706
PRACTICE AND PROCEDURE - appeal from the decision of the Federal Circuit Court of Australia dismissing application for judicial review - application for leave to amend the notice of appeal to raise new grounds not before the primary judge - whether the proposed grounds lacked "clear merit"
23 Jun 2017 |  DAVIES J


Practice and Procedure
APR15 v Minister for Immigration and Border Protection [2017] 713
PRACTICE AND PROCEDURE - application for an extension of time in which to file a notice of appeal - application for leave to raise new grounds not before the Federal Circuit Court - whether the proposed grounds of appeal have merit - whether there is an adequate explanation for the delay
23 Jun 2017 |  DAVIES J


Taxation
Deputy Commissioner of Taxation v McManus [2017] FCA 710
TAXATION - Application for judgment in default - failure to comply with Federal Court Rules - service effective on the respondent - failure to appear - failure to file defence- failure to file notice of address for service
01 Jan 1970 |  PAGONE J


Migratrion
AOA16 v Minister for Immigration and Border Protection [2017] FCA 697
MIGRATION - application for leave to appeal interlocutory judgment - Ministerial refusal to exercise powers of intervention under the Act - whether the matter was within the jurisdiction of the Federal Circuit Court - whether the Federal Circuit Court decision was attended by sufficient doubt to warrant reconsideration
21 Jun 2017 |  PAGONE J