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Latest Judgments from the Federal Court

• Koulouris v Sourasis (Confidentiality Application) [2025] FCA 45206 May 2025PRACTICE AND PROCEDURE – application by the first to fifth and seventh to thirteenth defendants for all documents on the Court file to be suppressed from disclosure or publication in their entirety – where the defendants have filed a defence – where the parties intend to proceed by mediation – where suppression and non-publication orders sought until conclusion of mediation – whether disclosure of documents might imperil mediation – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice – where matters sought to be protected already to some extent in the public domain – application dismissed
• ADF17 v Minister for Immigration and Multicultural Affairs [2025] FCA 45306 May 2025MIGRATION – application for an extension of time to file a notice of appeal from decision of Federal Circuit Court – where Federal Circuit Court dismissed application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate to refuse a protection visa – applicant failed to provide an acceptable explanation for failing to file notice of appeal within the prescribed period – applicant failed to demonstrate reasonably arguable grounds of appeal – application dismissed with costs
• Fortrend Securities Pty Ltd v Wollermann (No 3) [2025] FCA 44406 May 2025COSTS – where respondents were entirely successful following 15-day trial – where respondents previously made two offers to settle the proceeding by which respondents would have paid to applicants substantial sums of money and their costs – where both offers not accepted – whether offers unreasonably refused – held: applicants liable to pay respondents’ costs on a party-party basis up to a date determined under r 25.14(2) of the Federal Court Rules 2011 (Cth) by reference to the date of the first offer and thereafter on an indemnity basis
• Wollermann v Fortrend Securities Pty Ltd (No 2) [2025] FCA 44306 May 2025INDUSTRIAL LAW – final orders – pecuniary penalties – contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (FW Act) – scope of serious contravention under s 557A of the FW Act – consideration of principles relating to imposition of pecuniary penalties – penalties imposed
• Han v St Basil’s Homes (No 2) [2025] FCA 44806 May 2025INDUSTRIAL LAW – claims made by employee for orders as to compensation and penalties following determination that her employer had contravened ss 340(1)(a) and 351(1) of the Fair Work Act 2009 (Cth) (FW Act) – claim for compensation made under s 545(2)(b) of the FW Act – where employee claimed she suffered mental harm – where employee further claimed compensation for past and future economic loss, non-economic loss, past and future out of pocket expenses and past and future gratuitous care because of the contraventions – where employer opposed payment of any compensation despite clear findings of contravention – where neither party challenged the opposing party’s expert and other evidence – where the parties’ respective positions as to compensation were ambitious and untethered to statutory norms – assessment of appropriate compensation – where inconsistent expert evidence adduced but not challenged – evidentiary foundation lacking – claim for penalties to be imposed under s 546 of the FW Act – where employee sought the imposition of penalties – where employer opposed the imposition of penalties – Held: compensation awarded for economic loss, non-economic loss and out of pocket expenses – penalties imposed because they are necessary for the promotion of the public interest in securing compliance with the provisions of the FW Act
• Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 10) [2025] FCA 43906 May 2025PRACTICE AND PROCEDURE – application for a stay pending determination of separate proceeding – where no evidence as to when separate proceeding may be commenced – application for further adjournment of hearing of interlocutory application – applications dismissed
• Chohan v Commonwealth of Australia as represented by Department of Home Affairs [2025] FCA 43706 May 2025PRACTICE AND PROCEDURE — application by respondent for summary judgment pursuant to s 31A(2) of Federal Court of Australia Act 1976 (Cth) and r 26.01 of Federal Court Rules 2011 (Cth) – whether applicant has reasonable prospects of successfully prosecuting a claim in negligence – where applicant applied for a visa – where respondent obtained adverse, but untrue, information from a foreign government – where that information was provided to the applicant for comment pursuant to Part 2, Division 3, Subdivision AB of Migration Act 1958 (Cth) – where applicant’s employer became aware of the information and terminated his employment – whether respondent owed applicant a duty of care – whether any duty of care that may exist was breached – causation – whether proposed limitation defence an appropriate basis upon which to grant summary judgment — held that applicant has no reasonable prospect of successfully prosecuting the proceeding — summary judgment entered for the respondent
• Construction, Forestry and Maritime Employees Union v Canberra Contractors Pty Ltd [2025] FCA 44006 May 2025INDUSTRIAL LAW – pecuniary penalties – unlawful industrial action – appeal of decision imposing pecuniary penalties for contraventions of ss 502(1) and 503(1) of Fair Work Act 2009 (Cth) – where parties accept primary judge erred in imposing one penalty for multiple contraventions – whether primary judge misapplied principles relevant to fixing pecuniary penalties – whether contraventions deliberate – assessment of seniority of individual contraveners as relevant to penalty to be imposed on corporation – re-exercise of discretion to impose pecuniary penalties
• FDD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 43506 May 2025MIGRATION – application for extension of time to file notice of appeal – where no satisfactory explanation for delay – where proposed grounds of appeal lack merit – application dismissed
• Frigger (Trustee) v Bank of Queensland Limited [2025] FCA 44706 May 2025PRACTICE AND PROCEDURE - application for recusal - claim of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question to be decided - application dismissed
• Romano v Comcare [2025] FCA 44606 May 2025ADMINISTRATIVE LAW - employment and industrial relations - appeal from decision of Administrative Review Tribunal affirming respondent's denial of present liability for medical expenses and incapacity payments in respect of injury sustained by applicant - expert evidence - whether Tribunal erred by failing to explain the reasons for its decision as required by s 111(2) of the Administrative Review Tribunal Act 2024 (Cth)
• Tester v Trueman [2025] FCA 44505 May 2025PRACTICE AND PROCEDURE – application to lift temporary stays of proceedings where applicants are also group members in representative proceedings the subject of distribution – temporary stays lifted
• Miller v State of South Australia (Far West Coast Sea Claim) (No 4) [2025] FCA 38805 May 2025NATIVE TITLE – application for a determination of native title in respect of an area in the sea in the vicinity of the far west coast of South Australia – claim area abutting and in proximity to existing determinations of native title – where applicant applied to amend the Claim Group description so as to replicate the description of native title holders in adjacent land – where determination application opposed by the State, the Commonwealth and Aboriginal respondents – whether permissible to examine intramural allocation of native title rights and interests in an already determined area – legal consequences of the adjacent determination being a judgment in rem – whether native title rights and interests are possessed in the claim area under traditional laws and customs providing for attainment of core rights by descendancy under a patrilineal estate-based tenure system that no longer exists – where traditional laws and customs have evolved to permit a greater level of cognate descent – whether native title rights and interests are held at broader levels of language groups – whether native title rights and interests exist in the claim area other than core rights acquired through cognate lines of descent – consideration of consequences of non-core rights in circumstances where the system of interdependence and interconnectedness of the former estate groups no longer exists – whether applicant discharged onus of proof in establishing connection with the claim area distinct from connection with areas already subject to native title determinations
• Kirkalocka Gold SPV Pty Ltd (Receivers and Managers Appointed) v Zenith Pacific (KLK) Pty Ltd [2025] FCAFC 6205 May 2025BANKRUPTCY AND INSOLVENCY – where the appellant and respondent entered into a Power Purchase Agreement (PPA) for the respondent to construct a power plant at, and supply electricity to, the appellant’s mine site – where the respondent had not perfected its interest by registering a “security interest" in the “Zenith Power Plant” under the Personal Property Securities Act 2009 (Cth) (PPSA) before the appellant went into voluntary administration – where the primary judge found the PPA provided for a “security interest” within the meaning of s 12(1) of the PPSA and that the respondent had perfected the security interest by being in actual and apparent possession of the Zenith Power Plant – where the primary judge found that whether the respondent was in apparent possession was to be determined by reference to a hypothetical observer who was able to see the Zenith Power Plant – whether the primary judge erred – no error by the primary judge in finding that that the respondent was in apparent possession of the Zenith Power Plant, which question was to be determined and assessed from the vantage point of an interested party having made inquiries directed to the personal property in question – primary judge erred in finding that the PPA provided for a security interest in the Zenith Power Plant in favour of the respondent – appeal dismissed
• EZB17 v Minister for Immigration and Multicultural Affairs [2025] FCA 43305 May 2025MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an “unauthorised maritime arrival” – where Authority affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – where leave required for appellant to advance new grounds of appeal not raised below – appellant’s psychological state not raised previously – no error identified in Authority’s or primary judge’s decision
• CYJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 43205 May 2025MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an “unauthorised maritime arrival” – where Authority affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – whether Authority’s failure to consider new information in accordance with s 473DD of the Migration Act 1958 (Cth) was material – no error identified in Authority’s or primary judge’s decision
• Elston Private Wealth Pty Ltd v Australian Securities and Investments Commission, in the matter of Fortis Private Pty Ltd (deregistered) [2025] FCA 44105 May 2025CORPORATIONS – application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – company deregistered after voluntary liquidation – former liquidator unfunded to investigate and prosecute s 588FF claims – reinstatement for purpose of pursuing such claims and for company to pursue claims under s 37A of Conveyancing Act 1919 (NSW) – creditors as ‘persons aggrieved’ – no reasonable notice of application to ASIC or interested persons – conditions of reinstatement
• Vines (Trustee), in the matter of Taylor (Deceased) v Bosnyak [2025] FCA 43602 May 2025BANKRUPTCY – deceased bankrupt – where administrator of deceased estate had failed to file a statement of affairs – application seeking a distribution of dividends among proven creditors of the bankrupt estate as if a statement of affairs had been filed - where trustee had taken reasonable steps to notify the administrator of her obligation to file a statement of affairs – where trustee had taken steps to ascertain whether there were other creditors – orders made
• DQV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 43002 May 2025MIGRATION – Protection visa – appeal from decision of the Federal Circuit and Family Court of Australia – whether consideration of evidence subsumed into findings of greater generality – no appealable error - no jurisdictional error – appeal dismissed
• DBA17 v Minister for Immigration and Multicultural Affairs [2025] FCA 43802 May 2025MIGRATION – appeal from decision of Federal Circuit Court – where Federal Circuit Court dismissed appeal of Administrative Appeals Tribunal’s decision to affirm refusal of protection visa – whether primary judge erred in finding that Tribunal’s decision complied with s 424AA of the Migration Act 1958 (Cth) – appeal dismissed