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

Native Title
Forrest on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia [2021] FCA 399
NATIVE TITLE - application pursuant to s 84C(1) of Native Title Act 1993 (Cth) to strike out application for determination of native title - where strike-out application brought by members of overlapping claim for determination of native title - whether application for determination of native title fails to comply with s 61 of Native Title Act as to authorisation of applicants - whether inadequate notification of authorisation meeting - whether decisions at authorisation meeting not made according to traditional decision-making process - whether in interests of justice for Court to exercise discretion to proceed to hear and determine application despite defect in authorisation - discretion exercised - application dismissed
22 Apr 2021 |  COLVIN J


Defamation
Burrows v Fairfax Media Publications Pty Ltd [2021] FCA 404
DEFAMATION - amendment of pleadings - addition of a claim comprising publication on Twitter of a link to a publication already pleaded - addition of a claim comprising the re-publication of a publication already pleaded with the addition of an editor's note - addition of claims under the Australian Consumer Law - whether the amendments arise from substantially the same facts
21 Apr 2021 |  MCKERRACHER J


Costs ; Remedies
Technology Swiss Pty Ltd v AAI Limited trading as Vero Insurance (No 2) [2021] FCA 393
COSTS - where applicant partially successful in proceedings - where applicant provided Calderbank Offers - whether indemnity costs should be awarded REMEDIES - declarations - where defendant insurer has rights of recoupment and subrogation in respect of moneys paid by it to the applicant by way of indemnity under insurance policy - where funds held by applicant's agent are subject to an equitable lien by way of charge in favour of respondent - whether appropriate to grant declaratory relief
21 Apr 2021 |  ALLSOP CJ


Migration
BAQ21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 369
MIGRATION - application for Ministerial intervention - where application assessed by Departmental officer under Minister's guidelines - where officer considered that the circumstances of the case did not meet the Minister's guidelines for referral and, accordingly, the request was finalised without referral - whether the officer's decision was made unlawfully due to a misconstruction of the guidelines - whether the officer's decision was legally unreasonable - whether the guidelines involved a delegation by the Minister of his power under the applicable provision - whether the guidelines involved an exercise by officers of the Department of the Minister's power under the applicable provision
16 Apr 2021 |  MOSHINSKY J


Insurance
Colonial Mutual Life Assurance Society Limited, in the matter of The Colonial Mutual Life Assurance Society Limited [2021] FCA 394
INSURANCE - life insurance - scheme for transfer of life insurance business - application to Court for confirmation of scheme - scheme confirmed without modification
15 Mar 2021 |  ALLSOP CJ


Industrial Law ; Statutory Interpretation
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 3) (The Botany Cranes Case) [2021] FCA 363
INDUSTRIAL LAW - application for declarations of contraventions of ss 47(1), 52(a) and 54(1) Building and Construction Industry (Improving Productivity) Act 2016 (Cth) by officers of building industry participant acting on its behalf and by their conduct and states of mind also by participant under s 94 - where contraveners organised and or engaged in unlawful picket that prevented and intimidated persons accessing or leaving building site to coerce employer to reemploy employee and advance industrial objective of signing proposed enterprise agreement in contravention of s 47(1) - where officers of association acting on its behalf organised and engaged or threatened to organise or take action with intent to coerce employer to reemploy employee in contravention of s 52(a) - where officer of association acting on its behalf threatened to organise or take action against employer with intent to apply undue pressure to it to agree to make enterprise agreement in contravention of s 54(1)(a) STATUTORY INTERPRETATION - whether multiple contraventions by conduct of officials acting on behalf of building industry participant taken to be its conduct can result in multiple contraventions by participant of same civil penalty provision under ss 83, 84 and 91 - whether conduct common to each contravener's contraventions of one of ss 47(1) and 52(a) "same conduct" or "particular conduct" precluding more than one penalty being imposed in relation to that conduct for other contravention - meaning of "particular conduct", "same conduct" and "same facts" in ss 83, 84 and 91 INDUSTRIAL LAW - penalty - where building industry participant and officials acting on its behalf have significant history of prior contraventions - where contravening conduct intimidated employees of and caused loss of revenue to building industry participant - power to order part of penalty to be paid to persons affected by contravention under s 81(5)
22 Apr 2021 |  RARES J


Migration
CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57
MIGRATION - application for judicial review of decision of Federal Circuit Court under s 39B of the Judiciary Act 1903 (Cth) - where Federal Circuit Court refused applicant's application for extension of time to file an application for review of decision of Administrative Appeals Tribunal - where applicant filed application for review and application for extension of time four days out of time - where Registry accepted documents for filing 34 days out of time - whether Federal Circuit Court proceeded on misunderstanding of date on which application for extension of time was filed - nature of jurisdictional error - whether Federal Circuit Court failed to give proper consideration to merits of grounds of judicial review - whether Federal Circuit Court failed to give proper consideration to applicant's explanation for delay - whether Federal Circuit Court fundamentally misunderstood nature and character of applicant's application for extension of time - application allowed
21 Apr 2021 |  ALLSOP CJ, MARKOVIC AND COLVIN JJ


Human Rights
Summers v Qantas Airways Limited [2021] FCA 391
HUMAN RIGHTS -- age discrimination -- application for interim injunction under s 46PP of Australian Human Rights Commission Act 1986 (Cth) to restrain respondent from terminating applicant's employment until complaint withdrawn or terminated by President -- where respondent proposed terminating applicant's employment at age 65, whether prima facie case of unlawful discrimination under s 18 of Age Discrimination Act 2004 (Cth) -- whether balance of convenience favours relief -- whether relief should be refused on discretionary grounds
21 Apr 2021 |  KATZMANN J


Migration
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58
MIGRATION - appeal from decision of Federal Circuit Court - where Federal Circuit Court found jurisdictional error in decision of Immigration Assessment Authority - whether Authority was not provided with all the "review material" - meaning of "review material"; "new information" - where audio recording or accurate transcript of interview unavailable - whether Authority had power to invite the applicant to an interview to remedy non-provision of review material - appeal allowed
21 Apr 2021 |  ALLSOP CJ, KERR AND MORTIMER JJ