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

Criminal Law
Fogarty v Jakovac [2022] FCA 1454
CRIMINAL LAW - control orders - application for interim control orders (ICO) pursuant to s 104.4(1) of the Criminal Code (Cth) - offence relating to terrorism - determination of whether the basis for the ICO is made out; adjudication on whether each of the proposed control orders are reasonably appropriate and adapted for the purposes identified in ss 104.4(1)(d)(i) and (ii) of the Criminal Code Held: application granted and ICO made
29 Nov 2022 |  BROMWICH J

Practice and Procedure ; Representative Proceedings
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Carriage Application) [2022] FCA 1444
PRACTICE AND PROCEDURE - representative proceedings - application under s 33V of the Federal Court of Australia Act 1976 (Cth) (FCA Act) for approval to discontinue representative proceeding against ten respondents - survey of relevant principles - whether discontinuance fair and reasonable - no prejudice to group members - discontinuance approved - orders made relating to suspension of limitation period under s 33ZF of the FCA Act - consideration of proper construction of s 33ZE(2) - amendment of group member definition pursuant to s 33K of the FCA Act REPRESENTATIVE PROCEEDINGS - carriage dispute concerning two competing, open class securities class actions - summary of multifactorial approach - option in best interests of group members to be preferred - applications to stay proceedings refused - proposed consolidation of proceedings subject to cooperative regime
23 Nov 2022 |  LEE J

Luck v Secretary of Services Australia [2022] FCAFC 195
BANKRUPTCY - Effect of bankruptcy on proceedings -Commencement of appeal by bankrupt before sequestration - Stay of proceedings until election by trustee - Whether proceedings deemed abandoned - Proceedings for judicial review of decision by Administrative Appeals Tribunal relating to documents sought under Freedom of Information Act 1982 (Cth) - Whether proceedings to vindicate breach of human rights - Whether proceedings in respect of "any personal injury or wrong" within s 60(4) Bankruptcy Act 1966 (Cth)

Costs ; Industrial Law
Stolz v Registered Clubs Association of New South Wales [2022] FCA 1451
COSTS - application and cross-application for costs in a proceeding in which s 570 of the Fair Work Act 2009 (Cth) applies - whether either party engaged in an unreasonable act or omission that caused the other party to incur costs - unreasonableness not established - application and cross-application dismissed
05 Dec 2022 |  GOODMAN J