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

Migration
PXYJ v Minister for Immigration and Border Protection [2018] FCA 927
MIGRATION - application for review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a Partner (Migrant) (Class BC) visa pursuant to s 501(1) of the Migration Act 1958 (Cth) - where the applicant incorrectly sought to 'appeal' from the Tribunal's decision under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - whether the Tribunal erred in its consideration of the 'primary considerations' under Ministerial Direction No 65 and the 'best interests' of minor children - whether the Tribunal erred in considering whether the applicant had a well-founded fear of persecution in light of BCR16 - whether the Tribunal failed to appropriately assess Australia's international non-refoulement obligations - where no jurisdictional error demonstrated
21 Jun 2018 |  MCKERRACHER J


Industrial Law
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934
INDUSTRIAL LAW – meaning of s 557(3) of the Fair Work Act 2009 (Cth) –penalty for unlawful industrial action – no compensation under s 545(1) appropriate – conduct of employer and purpose of industrial action relevant to penalty and compensation – whether employer wants compensation relevant to whether a compensation order should be made
21 Jun 2018 |  JAGOT J


Costs
McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited (No 2) [2018] FCA 932
COSTS – application for costs of application for preliminary discovery – where wide discretion in making costs orders pursuant to s 43(2) of Federal Court of Australia Act 1976 (Cth) to be exercised judicially – where each party enjoyed measure of success – each party to bear own costs of application – prospective applicant to pay prospective respondent’s costs of complying with preliminary discovery order
21 Jun 2018 |  Gleeson J


Bankruptcy
Official Assignee in Bankruptcy of the Property of Ma v Ma [2018] FCA 948
BANKRUPTCY AND INSOLVENCY - request for aid in a matter of bankruptcy - where the respondent had been made bankrupt in New Zealand - where a letter of request from the High Court of New Zealand, requesting aid in relation to the bankruptcy, was filed in this Court - where the bankrupt was ordinarily resident in and had property in Australia - whether orders sought were within the power conferred by s 29 of the Bankruptcy Act 1966 (Cth) - orders made
14 Jun 2018 |  MOSHINSKY J


Corporations Law ; Banking
Australian Securities and Investments Commission v Commonwealth Bank of Australia [2018] FCA 941
CORPORATIONS LAW - banking - financial services - failure to deal with financial products in an efficient and fair manner - attempts to manipulate the Bank Bill Swap Reference Rate by Prime Banks - unconscionable conduct - contravention of financial services laws - ss 12CB and 12CC of the Australian Securities and Investments Commission Act 2001 (Cth) BANKING AND FINANCIAL INSTITUTIONS -penalties - contravention of financial services laws -penalty imposed pursuant to s 12GBA of the Australian Securities and Investments Commission Act 2001 (Cth) - general and specific deterrence
21 Jun 2018 |  BEACH J


Native Title
Glenn on behalf of the members of the Alherramp, Arempey, Lyelyepwenty, Ngwenyenp and Tywerl Landholding Groups v Northern Territory of Australia [2018] FCA 889
NATIVE TITLE - application for determination of native title under s 87 of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties
19 Jun 2018 |  REEVES J


Native Title
Breadon on behalf of the members of the Inteyere, Twenge, Ipmengkere, Murtikutjara, Aniltika and Nthareye Landholding Groups v Northern Territory of Australia [2018] FCA 890
NATIVE TITLE - application for determination of native title under s 87 of the Native Title Act 1993 (Cth) - whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties
20 Jun 2018 |  REEVES J