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

Evidence
Australian Competition and Consumer Commission v BlueScope Steel Limited (No 3) [2021] FCA 1147
EVIDENCE - alleged attempt by respondents to induce competitors to make arrangements or arrive at understandings that contain cartel provisions concerning the supply of flat steel products - rulings on admissibility of evidence in the course of trial - whether a transcript of an examination is an admission of a corporation under s 87 of the Evidence Act 1995 (Cth) - whether documents provided to the ACCC for the purposes of informal merger clearance were prepared or obtained for the purpose of or in contemplation of litigation within the meaning of s 69(3) of the Evidence Act - whether conclusory statements concerning competitors are admissible under s 78 of the Evidence Act - whether statements expressing the witness' understanding about the meaning or effect of communications to which the witness was privy are admissible under s 78 of the Evidence Act - whether evidence concerning the formulation and circulation by BlueScope of a recommended resale price list in respect of sheet and coil processing services is relevant - sufficiency of evidence to prove that handwritten notes are a business record - whether written statements signed by a current employee of BlueScope, and which contain admissions, should be excluded under s 135 of the Evidence Act where the ACCC has chosen not to call the witness - whether examination in chief of a witness concerning a prior written statement based on leading questions asked with leave of the Court, and the prior written statement, are admissible or should be excluded under s 135 of the Evidence Act
23 Sep 2021 |  O'BRYAN J


Practice and Procedure ; Intellectual Property
Deco Australia Pty Ltd v Aliwood Pty Ltd [2021] FCA 1159
PRACTICE AND PROCEDURE - application for summary judgment - where priority date yet to be determined - where legal issues complex - where matter listed for trial and trial preparatory steps underway
22 Sep 2021 |  PERRAM J


Equity ;
Maverick Biomaterials Pty Ltd v Abouelkheir [2021] FCA 1157
EQUITY - confidential information - whether information intended to be used by former employee required to be kept confidential by employment contract - whether former employee not entitled to use information of erstwhile employer by reason of ss 182 or 183 of Corporations Act 2001 (Cth) EQUITY - injunctions - interlocutory - evidence of former employee intending to use erstwhile employer's confidential information - evaluation of likely damage to flow from granting or not granting interlocutory injunction - balance of convenience favours granting injunction
20 Sep 2021 |  DERRINGTON J


Practice and Procedure ; Costs ; Corporations Law
Run Capital Investments Pty Ltd as trustee for the Mirum Trust v P5K Pty Ltd [2021] FCA 1156
PRACTICE AND PROCEDURE - discovery - scope of discovery - no points of principle COSTS - costs of abandoned application - no points of principle
23 Sep 2021 |  DERRINGTON J


Migration
MXDK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1142
MIGRATION - cancellation of Class TY, Subclass 444 Special Category (Temporary) visa of New Zealand citizen under s 503(3A) of Migration Act 1958 (Cth) - where applicant failed to pass character test on the basis that he has a "substantial criminal record" - application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision of the delegate not to revoke cancellation - whether Tribunal failed to consider representations made by applicant - no jurisdictional error established - application dismissed
23 Sep 2021 |  ABRAHAM J


Evidence
Australian Building and Construction Commissioner v Roach (The Melbourne Quarter Case) (Ruling No 1) [2021] FCA 1153
EVIDENCE - application for leave to cross-examine a witness under s 38(1) of the Evidence Act 1995 (Cth) - proper construction of "evidence given by a witness that is unfavourable to a party" - whether the court should follow the decision of the Victorian Court of Appeal in DPP v Garrett or an earlier first instance decision of the Federal Court of Australia - whether the construction of s 38(1)(a) in DPP v Garrett was obiter - held that the construction adopted in DPP v Garrett was ratio decidendi and that the court should follow the Victorian Court of Appeal - consideration of whether s 38(1)(a) is engaged - consideration of discretionary matters - leave given.
23 Sep 2021 |  WHEELAHAN J


Migration
Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172
MIGRATION - appeal from decision of primary judge dismissing application for judicial review of Minister - where Minister decided not to revoke mandatory cancellation of appellant's visa - where terms of direction require information from authoritative sources to be given appropriate weight in applying relevant considerations - where appellant made representations providing expert information of impact on children of long term separation from parent - whether Minister failed to form statutorily required state of satisfaction concerning whether another reason why original decision should be revoked - whether Minister failed to give proper, genuine and realistic consideration to representations concerning best interests of children - whether lack of reference to expert information in Minister's reasons indicated implicit acceptance of harm of long term separation - appeal allowed
23 Sep 2021 |  BURLEY, COLVIN AND JACKSON JJ


Practice and Procedure ; Industrial Law
Agility CIS Ltd v White [2021] FCA 1145
PRACTICE AND PROCEDURE - application pursuant to rr 16.21 and 26.01 of the Federal Court Rules 2011 (Cth) and s 31A(2) of the Federal Court of Australia Act 1976 (Cth) to strike out and/or give summary judgment in relation to parts of the applicants' statement of claim - where the applicant alleges a misuse of confidential information - where the applicant has failed to articulate the misuse with sufficient precision - where the applicants' claims in their current form are speculative in nature - application to strike out pleadings pursuant to r 16.21 of the Federal Court Rules 2011 allowed
23 Sep 2021 |  ANDERSON J


Practice and Procedure ; Intellectual Property
Taylor v Killer Queen, LLC (No 4) [2021] FCA 1144
PRACTICE AND PROCDURE - application to file further amended defence and further amended statement of cross-claim - where respondents seek to withdraw admission as to use of trade mark in amended defence - where admission was based on an incorrect understanding of the law - where enabling case to proceed on a basis consistent with the current law outweighs any prejudice to applicant - where amendments in proposed further amended statement of cross-claim arise from correspondence concerning further category of discovery sought by respondents - where proposed amendments are reasonably arguably relevant to cross-claimants' claims and applicant's evidence - proposed amendments would not be liable to be struck out if they appeared in the original pleading - application granted PRACTICE AND PROCEDURE - application for discovery of categories of documents - whether categories sought relevant to issues in the proceeding or oppressive - application granted in part
22 Sep 2021 |  MARKOVIC J


Practice and Procedure ; Criminal Law
Dallow v Ferguson [2021] FCA 1124
PRACTICE AND PROCEDURE - application for extension of time for leave to appeal under r 36.05 of the Federal Court Rules 2011 (Cth) - where the applicant was incarcerated in prison and stated that he faced difficulty in filing the application for leave to appeal - where there is no merit in the applicant's application - application denied
17 Sep 2021 |  ANDERSON J