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

Native Title
Eaton on behalf of the Nyamal People #10 v State of Western Australia [2019] FCA 1571
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 - whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties
24 Sep 2019 |  REEVES J


Migration
ALG17 v Minister for Home Affairs [2019] FCA 1565
MIGRATION - where subsequent applications for protection visa made after initial applications for protection visa refused - where subsequent applications considered to be invalid by reason of s 48A of the Migration Act 1958 (Cth) - where grounds of appeal analogous to those rejected in BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 and SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121 - no error in approach of primary judge - appeal dismissed with costs
24 Sep 2019 |  ALLSOP CJ


Migration
DUY18 v Minister for Home Affairs [2019] FCA 1564
MIGRATION - application for an extension of time and leave to appeal - where subsequent application for protection visa made after initial application for protection visa refused - where subsequent application considered to be invalid by reason of s 48A of the Migration Act 1958 (Cth) - where grounds of appeal analogous to those rejected in BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 and SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121 - no error in approach of primary judge - application dismissed with costs
24 Sep 2019 |  ALLSOP CJ


Corporations Law
Hurst, in the matter of Liquor National Pty Ltd (in liq) [2019] FCA 1581
CORPORATIONS - application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of litigation funding agreement - application granted
16 Aug 2019 |  Gleeson J


Declaratory Relief ; Contract
Clarence City Council v Commonwealth of Australia [2019] FCA 1568
DECLARATORY RELIEF - applications by strangers to lease agreements - applicants seeking declarations as to the proper construction of a term of agreements by which they benefited economically - where parties to the agreements were not in dispute about the proper construction and applicability of the relevant term - where lessee contended that the strangers had no standing to seek such declaratory relief - where applicants asserted right to relief was based merely on an agreement to which they were not a party - importance of the doctrine of privity - Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 at 141-143 per Deane J applied - applicants had no standing to seek declaratory relief - proceedings dismissed
24 Sep 2019 |  O'CALLAGHAN J


Bankruptcy ; Practice and Procedure
Ghougassian v Arnautovic, in the matter of Ghougassian [2019] FCA 1569
BANKRUPTCY AND INSOLVENCY - where applications to set aside bankruptcy notices heard together - where applicants are mortgagees of St Gregory's Armenian School Inc (in liq) under a registered mortgage - where one bankruptcy notice relied on two judgment/orders issued in the name of a former liquidator of the School and both bankruptcy notices relied on a judgment/order issued in the name of the respondent as liquidator of the School - whether applicants have counter-claims, set-offs or cross-demands equal to or exceeding the amount payable under the judgments/orders on which the bankruptcy notices relied under ss 40(1)(g) and 41(7) of the Bankruptcy Act 1966 (Cth) - where counter-claim, set-off or cross-demand claimed relates to an untaxed costs order of the Supreme Court of New South Wales - where counter-claim, set-off or cross-demand claimed under costs and expenses clause of the memorandum of mortgage PRACTICE AND PROCEDURE - whether the respondent failed to comply with r 2.06 of the Federal Court (Bankruptcy) Rules 2011 (Cth) by not filing another notice of grounds of opposition after the applications to set aside the bankruptcy notices were amended and the respondent confirmed that he no longer relies on the grounds set out in his filed grounds of opposition BANKRUPTCY AND INSOLVENCY - whether the respondent was the "creditor" as required by s 40(1)(g) of the Bankruptcy Act 1966 (Cth) in relation to two judgment/orders which were not in the name of the former liquidator BANKRUPTCY AND INSOLVENCY - whether judgment/orders in the name of the former liquidator were judgment/orders "the execution of which has not been stayed" as required by by s 40(1)(g) of the Bankruptcy Act 1966 (Cth) - whether leave to execute judgment/orders not in the name of the respondent was required pursuant to r 39.1 of the Uniform Civil Procedure Rules 2005 (NSW) BANKRUPTCY AND INSOLVENCY- whether judgment/order in the name of the respondent on which the bankruptcy notices relied was void - where costs determination certificate in the name of former liquidator registered as a judgment of the Supreme Court of New South Wales - where costs determination certificate amended and issued in the name of respondent as liquidator of the School and judgment entered in the name of the respondent as liquidator of the School BANKRUPTCY AND INSOLVENCY - whether causing the issue of the bankruptcy notices was an abuse of process where there was an extant application by the applicants to the Supreme Court of New South Wales to terminate the liquidation of the School pursuant to s 482 of the Corporations Act 2001 (Cth)
23 Sep 2019 |  FARRELL J


Practice and Procedure ; Corporations Law
KTC v David (Pleadings) [2019] FCA 1566
PRACTICE AND PROCEDURE - application for leave to file and serve further amended statement of claim - where allegations made that fourth and fifth defendants liable under second limb of Barnes v Addy (1874) LR 9 Ch App 244 - whether pleadings sufficiently allege dishonest and fraudulent designs - whether pleadings sufficiently allege knowledge of fourth and fifth defendants - where fourth and fifth defendants challenge pleading of underlying fiduciary duties - where fourth and fifth defendants oppose granting leave to replead
24 Sep 2019 |  PERRAM J


Native Title
Holt obo Bandunji Wuyaliya People v Northern Territory of Australia [2019] FCA 1536
NATIVE TITLE - whether to strike out applications by reason of the failure of the Applicants to prosecute the proceedings with due diligence - longstanding applications without substantive progress - difficulties arising from polygon nature of the claims and an intra-mural dispute mean that the Northern Land Council can neither prosecute the applications or bring replacement applications - applications dismissed
20 Sep 2019 |  WHITE J