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Latest Judgments from the Federal Court

  • J F Investment Holdings Pty Ltd (Trustee), in the matter of Golden Mile Milling Pty Ltd v Hargrave [2025] FCA 71327 Jun 2025CORPORATIONS – application for leave to settle and discontinue proceedings under s 240 of the Corporations Act 2001 (Cth) – leave granted.
  • Kluck v Carpendale Agri Pty Ltd [2025] FCA 70527 Jun 2025INDUSTRIAL LAW — Termination of employment purportedly on grounds of the Applicant’s poor performance — Application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3–1 of the Fair Work Act 2009 (Cth) — Interlocutory application for reinstatement and restraining the Respondent from dispossessing the Applicant of residence and property owned by the Respondent pending hearing and determination of application or further order — Whether interim injunction should be made — Whether prima facie case for relief — Whether balance of convenience favours making of order — Where the Applicant delayed bringing application — Where compensatory damages are available in lieu of an order for reinstatement — Where the Applicant’s undertaking as to damages is of no value — Application for interlocutory relief dismissed.
  • DBKX v Minister for Immigration and Multicultural Affairs [2025] FCA 70027 Jun 2025MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming respondent’s decision that the applicant was not eligible for a protection visa – whether Tribunal made a jurisdictional error by failing to obtain additional information about accommodation available to applicant if granted protection visa – whether in considering danger to the Australian community the Tribunal was required to evaluate comparative risks of applicant being granted a visa or not granted a visa – application dismissed
  • Cowgill v Minister for Immigration and Multicultural Affairs [2025] FCA 70427 Jun 2025MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision not to revoke visa cancellation - whether Tribunal fell into jurisdictional error - whether Tribunal ignored misunderstood or misapplied paragraphs in Ministerial Direction 99 - whether Tribunal made inconsistent findings of fact in relation to family violence - whether Tribunal made finding without evidence - application dismissed
  • Ioakimidis v Lygon Court Travel Pty Ltd [2025] FCA 70627 Jun 2025PRACTICE AND PROCEDURE - application for Fair Work Act 2009 (Cth) claims to be dismissed as an abuse of process - application for admissions in pleadings to be withdrawn - whether previous criminal proceedings were required to decide applicant was a contractor - consideration of legal principles for establishing abuse of process - applications refused
  • Nipps (liquidator), in the matter of I-Prosperity Pty Ltd (in liq) [2025] FCA 69627 Jun 2025CORPORATIONS – application made by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into retainer agreements with solicitors PRACTICE AND PROCEDURE – application for non-publication and suppression orders pursuant to ss 37AI and 37AF of the Federal Court of Australia Act 1976 (Cth) in respect of the retainer agreements
  • Australian Securities and Investments Commission v Macrolend Pty Ltd (No 2) [2025] FCA 71027 Jun 2025PRACTICE AND PROCEDURE – application to adjourn final hearing – where application made weeks prior to commencement of trial – where counsel and solicitors have withdrawn from acting for defendants – where defendants face funding constraints – whether funding position would improve if trial adjourned for several months – whether serious attempts made to address funding issues – appropriate exercise of discretion – application refused
  • AxiCorp Financial Services Pty Ltd v CABC (No 2) [2025] FCA 69827 Jun 2025COSTS — application for costs under s 570 of the Fair Work Act 2009 (Cth) — whether respondent engaged in unreasonable act or omission by not giving undertaking over alleged confidential information — where applicant sought injunction and suppression orders to prevent disclosure of alleged confidential information — where applicant sought costs on indemnity basis — HELD: costs awarded to applicant on indemnity basis
  • Kiad v Minister for Immigration and Citizenship [2025] FCA 70327 Jun 2025MIGRATION – where the Minister decided under s 501(3) of the Migration Act 1958 (Cth) to cancel the applicant’s visa on the basis that he failed the character test and cancellation was in the national interest – where aspects of national interest included prevention of terrorist acts in Australia – whether the Minister understood the law at that time to mean that a visa cancellation decision would have the result that the applicant would remain in immigration detention until removed as per Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 – whether that amounted to acting on an incorrect understanding of the law in view of NZYQ v Minister for Immigration [2023] HCA 37 – whether such an error was material to the decision – HELD: extension of time to seek judicial review of the Minister’s decision granted; decision set aside ADMINISTRATIVE LAW – whether decision made according to correct understanding of the law – legal error – whether jurisdictional error – materiality
  • Rainforest Reserves Australia Inc v Minister for the Environment and Water (Costs) [2025] FCA 70227 Jun 2025COSTS – where applicant unsuccessfully challenged ministerial approval of proposed wind farm under Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether litigation brought in public interest – whether important questions of law raised – whether discretion to depart from ordinary costs rule should be exercised – whether the recovery of costs should be limited to a portion of successful parties’ costs in light of each being an active contradictor – not appropriate to make no orders as to costs – applicant ordered to pay respondents’ costs on proportionate basis
  • Houten v Lennon (Costs) [2025] FCA 70827 Jun 2025PRACTICE AND PROCEDURE – form of orders COSTS – where sequestration order has been set aside – where former trustee incurred cost in administering the former bankrupt estate – whether costs incurred by the former trustee were reasonable – whether the petitioning creditors or the respondent should bear the former trustee’s costs COSTS – application for indemnity costs – whether the applicants’ solicitors should personally bear the respondent’s costs due to misapprehension of law at an earlier hearing – principles governing special costs orders – distinction between party and legal representative conduct – Calderbank offer – apportionment of costs
  • McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 69927 Jun 2025PRACTICE AND PROCEDURE – application for issue of arrest warrant – where summons was issued requiring attendance at examination – where examinee failed to attend examination – whether arrest warrant ought to be issued pursuant to r 11.10 of the Federal Court (Corporations) Rules 2000 (Cth)
  • Clark v National Australia Bank Limited [2025] FCA 62727 Jun 2025PRACTICE AND PROCEDURE – interlocutory application for summary dismissal or strike out of the whole of the amended statement of claim – whether pleaded causes of action are statute barred – whether pleading discloses reasonable cause of action – whether there was fraudulent concealment of the claims – whether applicants lack standing to bring claims – application granted – proceeding summarily dismissed
  • Payload Industries Pty Ltd v Melco Engineering Pty Ltd (Administrators Appointed) [2025] FCA 70127 Jun 2025CORPORATIONS – application to adjourn winding up of a company to enable a deed of company arrangement proposal to be considered at the second meeting of creditors – application granted
  • Lal v Royal Australasian College of Physicians [2025] FCA 67326 Jun 2025PRACTICE AND PROCEDURE — application for an extension of time and leave to appeal from decision made by single judge of Federal Court — whether extension of time and leave to appeal should be granted — where primary judge granted summary judgment against applicant — where proposed grounds of appeal have no prospect of success — HELD: application dismissed with no order as to costs
  • Emerald No 2 (SA) Pty Ltd v Matthews, in the matter of Sapphire (SA) Pty Ltd [2025] FCA 69526 Jun 2025CORPORATIONS – application for removal and replacement of liquidator – application seeking leave for the liquidator to be appointed as voluntary administrator pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) and ancillary orders including a stay of the winding up of the company under s 482(1) – purpose of application to convene a meeting of creditors to consider a further proposed deed of company arrangement – application granted
  • Mizen v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 8426 Jun 2025MIGRATION - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal - whether primary judge erred by failing to find Tribunal misunderstood or misapplied a mandatory relevant consideration under Ministerial Direction 99 - ground of appeal not raised before primary judge - whether Tribunal is limited to assess risk of further criminal or other serious conduct based on appellant being present in Australia - no jurisdictional error found - appeal dismissed
  • Osborne v Schembri McCluskys Pty Ltd [2025] FCA 69126 Jun 2025BANKRUPTCY – appeal from decision of Federal Circuit and Family Court of Australia dismissing application for review of Registrar’s decision to make sequestration orders – where primary judge found that res judicata or issue estoppel applies – primary judge erred – Court satisfied sequestration order should be made
  • Eden Local Aboriginal Land Council v Attorney General of New South Wales [2025] FCA 68826 Jun 2025NATIVE TITLE – non-claimant application for determination of native title under Native Title Act 1993 (Cth) s 61(1) – respondents do not oppose orders sought – whether within power and appropriate for Court to make orders sought – determination made that native title does not exist in application area
  • ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 4) [2025] FCA 69026 Jun 2025COSTS – where applicant was unsuccessful on the principal claim and it became unnecessary to determine a cross-claim brought by one respondent against other respondents and another party – where one of the respondents seeks an order for the payment of his costs on an indemnity basis – application refused – where that same party, qua cross-respondent, seeks an order that the applicant pay his costs of the cross-claim – application refused
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