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

Practice and Procedure ; Discrimination
In De Braekt v Kanapathy [2020] FCA 977
PRACTICE AND PROCEDURE - service of originating documents - where originating documents were sent to the respondent by ordinary post - where personal service is required by r 8.06 of the Federal Court Rules 2011 (Cth) - orders made requiring service to be effected correctly - in circumstances where neither party appeared
07 Jul 2020 |  MCKERRACHER J


Migration ; Practice and Procedure
AQF19 v Minister For Home Affairs [2020] FCA 967
MIGRATION - appeal from decision of Federal Circuit Court to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) - where IAA affirmed a decision by a delegate of the Minister to refuse to grant a protection visa to the appellant - whether IAA relied on DFAT country information reports such as to give rise to jurisdictional error PRACTICE AND PROCEDURE - application for leave to amend notice of appeal to raise ground of judicial review not raised before Federal Circuit Court
10 Jul 2020 |  YATES J


Migration
Chandra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 966
MIGRATION - judicial review of decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke the mandatory cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal erred in interpreting and applying para 13.1.1(1)(e) of Direction No. 79
10 Jul 2020 |  YATES J


Bankruptcy
Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 2) [2020] FCA 975
BANKRUPTCY - successful application to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) - exercise of discretion to annul on condition that creditors and trustee are first paid - form of final orders
10 Jul 2020 |  BURLEY J


Costs ; Intellectual Property
Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 2) [2020] FCA 974
COSTS - usual rule that costs follow the event - whether Commissioner should pay costs of hearing before delegate - whether discretion should be exercised to apportion costs - where appellant filed considerable volume of duplicative or unnecessary expert evidence - costs of expert evidence apportioned
10 Jul 2020 |  BURLEY J


Migration
BBE15 v Federal Circuit Court of Australia [2020] FCA 965
MIGRATION - application for judicial review arising from alleged breach of s 91X of the Migration Act 1958 (Cth) - whether alleged breach amounted to procedural unfairness -whether injunction, declarations or a suppression order should be made - application dismissed
10 Jul 2020 |  GRIFFITHS J


Costs ; Corporations Law
Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 2) [2020] FCA 971
COSTS - application for security for costs - where security sought for costs of proceedings - whether reason to believe plaintiff will be unable to meet costs order - application allowed
09 Jul 2020 |  COLVIN J


Practice and Procedure ; Corporations Law
Carna Group Pty Ltd v The Griffin Coal Mining Company (No 5) [2020] FCA 970
PRACTICE AND PROCEDURE - pleadings - amendment - applications for leave to withdraw admissions - whether the admissions concern a question of law or fact - whether it is in the interests of justice to allow the amendments Held: applications granted
09 Jul 2020 |  MCKERRACHER J


Native Title
Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 2) [2020] FCA 946
NATIVE TITLE - application for joinder as party to proceeding - whether the applicant for joinder has a relevant interest - whether joinder is in interests of justice - application dismissed
09 Jul 2020 |  RANGIAH J


Industrial Law
Australian Building and Construction Commissioner v Fissenden [2020] FCA 945
INDUSTRIAL LAW - pecuniary penalties - admitted contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth) - consideration of principles relating to imposition of pecuniary penalties - relevance of prior contraventions to assessment of penalty - penalties imposed
09 Jul 2020 |  RANGIAH J


Security for Costs ; Corporations Law
Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 5) [2020] FCA 953
SECURITY FOR COSTS -- variation of earlier orders -- expenditure of actual costs beyond that anticipated in earlier security for cost application -- relevance of not informing opposing party of increased actual costs spent on discovery -- broad-brush approach to determining quantum appropriate
07 Jul 2020 |  MIDDLETON J


Representative Proceedings ; Corporations Law
Endeavour River Pty Ltd v MG Responsible Entity Limited (No 2) [2020] FCA 968
REPRESENTATIVE PROCEEDINGS - application for approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) - where Court previously not satisfied that the proposed litigation funding commission was fair and reasonable - where litigation funder reduced the funding commission sought - settlement approved
09 Jul 2020 |  MURPHY J


Costs ; Corporations Law
Hill v Zhang (No 3) [2020] FCA 969
COSTS - interlocutory application for release of funds from existing security for costs - whether an order should be made that the applicants are jointly and severally liable to give additional security - release of funds and additional security ordered
09 Jul 2020 |  GRIFFITHS J


Native Title
Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 2) [2020] FCA 960
NATIVE TITLE - where order sought by applicant for presence of legal practitioner in room while applicant's witness gives evidence by Microsoft Teams - impending preservation of evidence hearing - where witness elderly and of ill-health - where location for giving evidence remote - where necessary for evidence to be given remotely in context of COVID-19 public health environment - where presence of legal practitioner to assist witness with technology - unreasonable objection to presence of legal practitioners by some respondent parties - ethical obligations of legal practitioners to the Court - s 85A Native Title Act 1993 (Cth) - costs awarded
09 Jul 2020 |  COLLIER J


Practice and Procedure ; Bankruptcy
Toyota Finance Australia Limited v Singh, in the matter of Singh [2020] FCA 949
BANKRUPTCY AND INSOLVENCY - application for sequestration order - failure to comply with bankruptcy notice - whether to "go behind" judgment debt - what constitutes "other sufficient cause" within the meaning of Bankruptcy Act 1996 (Cth) s 55(2)(b) - sequestration order made
09 Jul 2020 |  GLEESON J


Industrial Law
Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951
INDUSTRIAL LAW - dispute resolution procedure - staged procedure - whether compliance with each stage is a mandatory requirement - whether substantial compliance sufficient INDUSTRIAL LAW - jurisdiction of Fair Work Commission to deal with a referral INDUSTRIAL LAW - principles of construction of enterprise agreements
09 Jul 2020 |  FLICK J