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

Patents
Technological Resources Pty Limited v Tettman [2019] FCA 1889
PATENTS - hearing de novo - common general knowledge of skilled addressee - claimed methods and apparatus for identifying and separating mined material on a bulk basis - upgrading low grade iron ore - meaning of "grade" and "direct assessment" in patent application - whether patent application involves a manner of manufacture pursuant to s 18(1)(a) of the Patents Act 1990 (Cth) - whether combination of integers produce a new and useful result - whether claimed invention was a mere scheme and/or mere working directions - whether claimed invention is novel when compared with the prior art base as it existed before the priority date pursuant to s 18(1)(b)(i) of the Patents Act - lack of novelty not proved - whether the claimed invention involved an inventive step when compared with the prior art base before the priority date pursuant to s 18(1)(b)(ii) of the Patents Act - claimed invention not obvious - appeal allowed
15 Nov 2019 |  JAGOT J


Migration
Rehan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1898
MIGRATION - appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where first applicant applied for subclass 457 visa - where no error identified by the applicants - held: appeal dismissed
08 Nov 2019 |  BROMWICH J


Corporations Law
Wirrimanu Community Store Aboriginal Corporation v Outback Stores Pty Ltd [2019] FCA 1882
PRACTICE AND PROCEDURE - application for interlocutory injunctions requiring certain action by the respondent by way of "hand over", and restraining it from engaging in certain conduct following the purported suspension by the applicant of the agreement pursuant to which the respondent managed the applicant's store - whether the applicant has shown a prima facie entitlement to a legal or equitable right to be protected by the grant of the interlocutory injunctions sought - whether applicant had shown, prima facie, a right to suspend the agreement - applicant's conduct in suspending the agreement not shown to be authorised with the consequence that the applicant is seeking the interlocutory injunctions to make effective conduct which was, prima facie, unlawful - application refused.
08 Nov 2019 |  WHITE J


Native Title
Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland [2019] FCA 1886
NATIVE TITLE - application for joinder as respondent to native title determination application - whether joinder is in the interests of justice - strength of proposed case - where application made at a late stage in proceedings - prejudice to parties - whether alternative means available to pursue grievance - joinder refused
11 Nov 2019 |  RANGIAH J


Migration
EWZ18 v Minister for Home Affairs [2019] FCA 1881
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for review of Immigration Assessment Authority's decision not to grant appellant a protection visa - whether the Immigration Assessment Authority failed to make a cumulative assessment of the various integers of the appellant's claims - whether the whether the Immigration Assessment Authority erred in not assessing the risk in the foreseeable future to the appellant - appeal dismissed
15 Nov 2019 |  MURPHY J


Migration
DWZ17 v Minister for Home Affairs [2019] FCA 1868
MIGRATION - decision of Immigration Assessment Authority - restrictions on power to consider new information - whether Authority exercised its powers in a manner affected by legal unreasonableness
14 Nov 2019 |  CHARLESWORTH J


Migration
Muzammil v Minister for Home Affairs [2019] FCA 1892

13 Nov 2019 |  MOSHINSKY J


Migration
FBW18 v Minister for Home Affairs [2019] FCA 1878
MIGRATION - application for extension of time to file an application for judicial review - time extended MIGRATION - application for judicial review of decision of Minister not to revoke cancellation of the applicant's visa - whether Minister erred in considering it unnecessary to determine whether non-refoulement obligations were owed in circumstances where the applicant could make a valid application for a protection visa - whether Minister failed to give proper consideration to the strength, nature and duration of the applicant's ties to Australia - whether Minister failed to give proper consideration to the impediments the applicant would suffer if removed from Australia - no jurisdictional error demonstrated - application dismissed
15 Nov 2019 |  YATES J


Practice and Procedure ; Bankruptcy
Endresz v Commonwealth of Australia [2019] FCAFC 197
PRACTICE AND PROCEDURE - application of "slip rule" (r 16.05(2)(h) of Federal Circuit Court Rules 2001 (Cth)) to extend life of creditor's petitions - where 12 month period had expired and creditor's petitions had lapsed - whether slip rule available to retrospectively extend life of creditor's petitions - whether invocation of slip rule precluded where independent discretion required by s 52(5) Bankruptcy Act 1966 (Cth) not in fact exercised - whether there was a relevant accidental slip or omission - whether discretion could only be exercised one way PRACTICE AND PROCEDURE - whether Supreme Court had jurisdiction to hear and determine claims on which judgment debt in creditor's petitions based - whether pleaded causes of action in statement of claim exceeded metes and bounds of indorsements in originating application - whether equitable jurisdiction of Supreme Court invoked - whether equitable claims liable to be struck out BANKRUPTCY - whether primary judge failed to consider separate ground on which sequestration order ought not to have been made - whether finding that payments illegal and void precluded liability under second limb of Barnes v Addy - whether there was in reality a debt owing to the Commonwealth Held: Appeal allowed - creditor's petitions lapsed
15 Nov 2019 |  RARES, MARKOVIC AND CHARLESWORTH JJ


Migration
Mansour v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1877
MIGRATION - application for extension of time and leave to appeal from a judgment of the Federal Circuit Court of Australia - where the appeal has no reasonable prospects of success - application dismissed
15 Nov 2019 |  YATES J


Migration
SZONG v Minister for Immigration and Border Protection [2019] FCA 1876
MIGRATION - application for leave to appeal - proposed grounds of appeal have no reasonable prospects of success - application dismissed
15 Nov 2019 |  YATES J


Practice and Procedure
Branch v Papyrus Australia Ltd [2019] FCA 1879
PRACTICE AND PROCEDURE - application for summary judgment - application to strike out applicant's amended statement of claim - pleading embarrassing - pleading unnecessarily long and confusing - statement of claim struck out entirely - leave to re-plead granted.
01 Jan 1970 |  WHEELAHAN J


Migration
DGI19 v Minister for Home Affairs [2019] FCA 1867
MIGRATION - mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) - decision by the Minister under s 501CA(4) not to revoke the cancellation decision - where applicant was a national of Sierra Leone whose mother had been granted a Refugee and Humanitarian (Class XB) Woman at Risk (Subclass 204) visa - where the applicant made submissions to the Minister that returning the applicant to Sierra Leone would breach Australia's non-refoulement obligations under international law - where the Minister stated that it was unnecessary to determine whether non-refoulement obligations were owed as the applicant was able to make a valid application for a protection visa - whether the Minister's decision was affected by any of the misunderstandings alleged by the applicant - whether the Minister failed to give genuine consideration to matters raised by the applicant
14 Nov 2019 |  MOSHINSKY J