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
Australian Building and Construction Commissioner v McDermott (No 2) [2018] FCA 1611
INDUSTRIAL LAW - alleged contraventions of s 348 and s 500 of the Fair Work Act 2009 (Cth) by union officials - alleged accessorial liability of union - officials threatening to "shut down" a construction site - objective meaning of threat - whether unlawful industrial action threatened - whether illegitimate interference with contractual relations threatened - threatened action not shown to be unlawful, illegitimate or unconscionable - onus of proof of fault element in relation to threats - no contravention of s 348 - officials not seeking to exercise rights to enter site under s 484 of the Act - admission on pleadings to effect that officials exercised right to enter premises conferred by s 117 of the Work, Health and Safety Act 2012 (SA) - whether officials acted in an improper manner when exercising such rights - officials engaged in heated argument with site occupier - manner of argument not improper - official acted in improper manner by physically accosting site occupier - union knowingly involved in official's contravention of s 500
26 Oct 2018 |  CHARLESWORTH J


Migration
Sach v Minister for Home Affairs [2018] FCA 1658
MIGRATION - application for extension of time to apply for judicial review - where applicant's Class BF transitional (permanent) visa mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) - where Assistant Minister for Home Affairs refused to revoke visa cancellation - whether Assistant Minister's decision not to revoke cancellation of applicant's visa was legally unreasonable - where Assistant Minister made findings in regard to applicant's health and possibility of indefinite detention - where Assistant Minister did not give possibility of indefinite detention any or proper consideration in weighing up process - where Assistant Minister's decision was legally unreasonable
12 Dec 2018 |  BARKER J


Patents
Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988
PATENTS - standard patent - digital advertising system and method - whether claim 1 of the application disclosed a manner of manufacture within the meaning of s 18(1)(a) of the Patents Act 1990 - whether invention lay in computerisation - whether a person skilled in the art was able to implement the patent based on the specification
12 Dec 2018 |  ROBERTSON J


Corporations Law
Jahani, in the matter of Northern Energy Corporation Ltd (Administrators Appointed) [2018] FCA 1983
CORPORATIONS - application to extend the convening period for the second meeting of creditors under s 447A(1) of the Corporations Act 2001 (Cth) - where company is in administration - administrators seek extension to pursue sale of company assets and enable a DOCA to be proposed - extension opposed by three unsecured creditors of the company - whether granting the extension would risk the ability of those creditors to rely on a Deed of Cross Guarantee - Deed in the form of ASIC Pro Forma 24 to obtain relief under ASIC Class Order [CO 98/1418] - whether the unsecured creditors had the benefit of the Deed - application granted
12 Dec 2018 |  FARRELL J


Migration
Sami v Commonwealth of Australia [2018] FCA 1991
MIGRATION - application for an extension of time and leave to appeal from the summary dismissal of an application for judicial review and orders for the applicant's release from detention - judgment affected the applicant's liberty - by reason of s 24(1C) of the Federal Court of Australia Act 1976 (Cth) leave to appeal not required - application for an extension of time in which to appeal refused.
11 Dec 2018 |  WHITE J