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

Extradition
Matson v Attorney-General [2022] FCA 790
EXTRADITION - application for judicial review of decision by Attorney-General - whether Attorney-General has power to revoke decision to surrender decision under s 22 of the Extradition Act 1988 (Cth) - where Attorney-General determined that he had no power to reconsider decision by Acting Attorney-General made under s 22 of the Extradition Act 1988 (Cth) - held: Attorney-General has power (but no obligation) by necessary implication pursuant to s 33 of the Acts Interpretation Act 1901 (Cth) to revoke surrender decision in conjunction with the power to revoke a surrender warrant - declarations made EXTRADITION - bail - application for bail in application for judicial review of decision under Extradition Act 1988 (Cth) - where proceeding sought to compel Attorney-General to revoke surrender decision - where no power to grant bail under s 23 of the Federal Court of Australia Act 1976 (Cth) where relief sought in proceeding would not result in applicant being released from custody if successful - where Extradition Act 1988 (Cth) contemplates applicant being held in custody pending extradition - where no special circumstances justifying bail established in any event - bail refused
24 Jun 2022 |  LOGAN J


Copyright
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112
COPYRIGHT - appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract - where primary judge upheld the claims in relation to only one of the respondents - where appellant contends that its claims should have been upheld by the primary judge against all respondents ; COPYRIGHT - whether the primary judge erred in dismissing the copyright infringement claims against the respondents - whether the primary judge erred in not considering the evidence from 29 September 2016 in deciding what inferences should be drawn on the appellant's authorisation case - whether the primary judge erred in not concluding that the appellant's authorisation case was made out against each of the respondents and within the period 29 September 2016 to June 2018 - grounds 1 to 7 allowed ; COPYRIGHT - whether the primary judge erred in dismissing the contract claims against the fourth and fifth respondents - where there was no error in the approach of the primary judge - grounds 10, 11, 12, and 13 dismissed
06 Jul 2022 |  GREENWOOD, CHEESEMAN AND MCELWAINE JJ


Corporations Law
Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) (No 2) [2022] FCA 779
CORPORATIONS - Evidence - privilege against self-incrimination - where corporate defendant ordered to provide information - where sole director and member of the corporate defendant claims privilege against self-incrimination - whether compliance by the corporate defendant would tend to incriminate the sole director and member
06 Jul 2022 |  GOODMAN J


Migration
AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114
MIGRATION - appeal: whether Tribunal failed to comply with cl 14(1)(a) of Direction 65 by failing to consider for itself "international non-refoulement obligations" - appeal dismissed - cross-appeal: whether second judicial review application precluded by reason of res judicata, Anshun estoppel, abuse of process - cross appeal dismissed
06 Jul 2022 |  KENNY, O'CALLAGHAN AND THAWLEY JJ