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
Construction, Forestry, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd [2017] FCA 991
INDUSTRIAL LAW - right of entry - purpose of holding discussions - distinction between when right of entry may be exercised and when discussions may then be held - right of entry may be exercised "during working hours" - discussions may be held only during "mealtimes or other breaks" - meaning of "mealtimes or other breaks" - whether "other breaks" includes time before or after an employee's shift - "other breaks" does not include time before shift commences INDUSTRIAL LAW - right of entry - need to balance rights of occupiers and those exercising right
24 Aug 2017 |  FLICK J


Corporations Law
Barrick (Australia Pacific Exploration) Pty Limited v Barrick (PD) Australia Pty Limited, in the matter of Barrick (Australia Pacific Exploration) Pty Limited [2017] FCA 998
CORPORATIONS - schemes of arrangement - first court hearing - application for orders that companies convene meetings pursuant to s 411(1) of the Corporations Act 2001 (Cth)
16 Aug 2017 |  BARKER J


Corporations Law
Carrello, in the matter of Skyspan Investments Pty Ltd (In Liq) v Skyspan Investments (In Liq) Pty Ltd [2017] FCA 999
CORPORATIONS - application for release of liquidator and termination of liquidation of company - where plaintiff seeks deregistration of company - ss 480 and 482(1) of the Corporations Act 2001 (Cth)
24 Aug 2017 |  BARKER J


Migration
Elafifi v Minister for Immigration and Border Protection [2017] FCA 969
MIGRATION ľ appeal from a summary dismissal of the Federal Circuit Court ľ where s 48 precludes the appellant obtaining the visa applied for ľ appeal dismissed
24 Aug 2017 |  DOWSETT J


Arbitration
Lahoud v The Democratic Republic of Congo [2017] FCA 982
ARBITRATION - application for recognition of decisions of the International Centre for Settlement of Investment Disputes under sá35(4) of the International Arbitration Act 1974 (Cth) - application granted
08 Aug 2017 |  GLEESON J


Corporations Law
Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981
CORPORATIONS - application by liquidator for directions pursuant to s 479(3) of the Corporations Act 2001 (Cth) - whether liquidator would be justified in treating certain real property as property of the company in its own right - where certain tax documents listed the property as held by the company on trust - application granted
26 Jul 2017 |  GLEESON J


Income Tax ; Administrative Law
Commissioner of Taxation v Primary Health Care Limited [2017] FCAFC 131
INCOME TAX - objections to notices of assessment - application for extension of time for lodging objections - relevant matters for exercise of discretion - whether prejudice suffered by Applicant if objections lodged outside of time - whether explanation for delay can ever be positive factor towards exercise of discretion ADMINISTRATIVE LAW - whether failure to take into account relevant consideration - whether decision irrational - whether improper exercise of discretionary power in s 14ZX(1) of Taxation Administration Act 1953 (Cth)
24 Aug 2017 |  KENNY, PERRAM & ROBERTSON JJ