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Latest Judgments from the Federal Court

• Fair Work Ombudsman v Gill (Kwinana Bulk Jetty Case) (Penalty) [2026] FCA 37902 Apr 2026INDUSTRIAL LAW – contravention of ss 343, 346 and 348 of Fair Work Act 2009 (Cth) – pecuniary penalties – analysis of nature, extent and circumstances of the contravening conduct – loss and damage – contrition – prior contraventions – deterrence – s 556 double jeopardy – penalty imposed
• DEK17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 38602 Apr 2026MIGRATION – application for extension of time to appeal and appeal – no question of principle involved – extension of time granted but appeal dismissed
• AYF15 v Minister for Immigration and Citizenship [2026] FCA 38402 Apr 2026MIGRATION – application for extension of time and for leave to appeal – no question of principle involved – extension of time granted but leave to appeal refused
• Anderson v Stonnington City Council (No 2) [2026] FCA 38702 Apr 2026BANKRUPTCY AND INSOLVENCY – interlocutory application seeking extension of time for compliance with bankruptcy notice – application dismissed – where power under 41(6A) has been spent – where primary judge was not satisfied that the applicants’ asserted offsetting claim met the criteria set out in s 40(1)(g) – where the applicants’ appeal was dismissed by the Full Court – where the applicants noted intention to apply for special leave to appeal at the High Court of Australia but no such application has been made – distinction between extensions arising from the bankruptcy notice and those arising from an application to set aside a bankruptcy notice – discretionary considerations – discretion weighing significantly against granting the extension sought
• FHP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 37702 Apr 2026MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – decision by Immigration Assessment Authority to affirm refusal to grant protection visa – where Authority departed from delegate’s finding that appellant and co-applicant were brothers – where delegate had interviewed applicants and was shown photographs of them together in Iran –whether legally unreasonable not to interview applicants or obtain photographs shown to delegate –where Authority found that new information did not satisfy s 473DD of Migration Act 1958 (Cth) – whether error in application of s 473DD was material to Authority’s decision – legal unreasonableness not established – error not material to decision – appeal dismissed.
• Bilal v Australian Information Commissioner [2026] FCA 37602 Apr 2026ADMINISTRATIVE LAW – judicial review of decision of the Australian Information Commissioner under s 41 of the Privacy Act 1988 (Cth) to decline to investigate the applicant’s privacy complaint – where Commissioner conceded that decision was affected by error but dispute as to characterisation of the error and form of relief – where Commissioner fundamentally misunderstood and misconstrued the nature of the complaint – where applicant denied procedural fairness – decision set aside and referred to Commissioner for determination according to law – declaration made
• Boyle v Commonwealth of Australia (No 2) [2026] FCA 38102 Apr 2026PRACTICE AND PROCEDURE – strike out of pleading and summary dismissal – applicant conducting a proceeding in a vexing manner – applicant fabricating medical evidence to obtain an adjournment and to otherwise mislead the Court – applicant’s pleading defective – applicant not availing herself of prior opportunity to replead – applicant alleging serious wrongdoing without sufficient evidentiary basis – applicant sending threatening correspondence to respondent’s solicitor and staff of the Court – role of solicitors and staff in the effective functioning of the Court as an institution – applicant alleging the Court is a co-conspirator in pleaded wrongdoing – applicant’s vexing conduct disentitling her to injunctive relief – originating application dismissed
• Our Jim & Felicja Superfund Pty Ltd as trustee for the Jim & Felicja Superannuation Fund v Lindenfels Pte Ltd [2026] FCA 30702 Apr 2026CORPORATIONS – application for relief under s 233 of the Corporations Act 2001(Cth) (Corporations Act) for claim of oppression of minority shareholders – intersection between contractual rights and fiduciary obligations – intersection between fiduciary obligations and statutory causes of action for oppression – where agency agreement appointed a company as marketing agent for the marketing and sale of export coal (Export Coal) to end users – where agency agreement permitted direct sale of Export Coal to the marketing agent under offtake agreement instead of providing marketing activities – whether no conflict rule and no profit rule under fiduciary duties precluded marketing agent from purchasing Export Coal under offtake agreement until it discharged its marketing obligations under agency agreement – whether impugned coal trading conduct by marketing agent and related rights issue constituted oppression – whether breach of fiduciary duty dependent on breach of contract – whether alternative implied term existed in agency agreement requiring marketing agent to offer “fair market price” for Export Coal purchased under offtake agreement – whether breaches of fiduciary duty and statutory directors duties are relevant to establishing oppression –– where no fiduciary found –– where no implied term as pleaded – where no oppression established – further amended originating process to be dismissed with costs CORPORATIONS - identification of counterfactual and principles to assess fair value for relief pursuant to s 233 of the Corporations Act if oppression had otherwise been established CORPORATIONS – application for breach of statutory directors’ duties under ss 180, 181 and 182 of the Corporations Act – where nominee director alleged to be in a position of conflict of interest – whether nominee director failed to disclose information to company in breach of statutory directors’ duties and equitable duties – whether nominee director improperly used his position to detriment of company – breach of statutory directors’ duties or equitable duties not established CORPORATIONS – application for relief under s 233 of the Corporations Act 2001(Cth) (Corporations Act) for claim of oppression of minority shareholders – intersection between
• Dao v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 37802 Apr 2026MIGRATION – whether primary judge erred in finding that Tribunal overlooked adverse material in letter from appellant’s sponsor – whether primary judge erred in finding that the breach of s 362A of the Migration Act 1958 (Cth) did not have any material effect on the decision under review – whether primary judge ought to have found that the Tribunal had regard to the letter from the sponsor – where failure by the Tribunal to disclose letter to appellant was not material – appeal dismissed
• Roberts v Ho, in the matter of Roberts [2026] FCA 38502 Apr 2026BANKRUPTCY AND INSOLVENCY – Application for declaration as to voting entitlements of creditor in bankruptcy – where claimed indebtedness arose pursuant to a guarantee issued by the bankrupt – whether the claimed indebtedness fell within the scope of the guarantee to the extent of the amount claimed – application dismissed
• Banerjee (Liquidator), in the matter of Coast to Coast Trading Pty Limited (Receivers and Managers appointed) (in liq) [2026] FCA 37501 Apr 2026PRACTICE AND PROCDURE – ex parte application for leave to serve orders for production on company located in Hong Kong – where Hague Convention on service applies – where the Court has issued an order for production under s 597(9) of the Corporations Act 2001 (Cth) – whether leave should be granted under r 10.44 of the Federal Court Rules 2011 (Cth)
• JVU25 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2026] FCA 14501 Apr 2026PRACTICE AND PROCEDURE - costs - whether appropriate to order that the legal representative personally bear costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth)
• Abidi v Minister for Immigration and Citizenship [2026] FCA 37401 Apr 2026MIGRATION – application for a student visa – new dispositive issue before the Administrative Appeals Tribunal of whether the First Appellant met the enrolment requirement for the visa – Tribunal notified the First Appellant of this issue at the hearing – Tribunal refused to grant an adjournment to allow the First Appellant to obtain a confirmation of enrolment – whether a breach of procedural fairness – whether a breach of Migration Act 1958 (Cth) s 359A – adverse information was given to First Appellant in accordance with s 359AA – refusal to grant an adjournment was not legally unreasonable – appeal dismissed
• Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd (Costs) [2026] FCA 36601 Apr 2026COSTS – offer made before trial commenced – respondent’s rejection of Calderbank offer not unreasonable in the circumstances of a very short period given to consider the offer – less than 28 hours in the last business day before the trial – indemnity costs not ordered COSTS – appellant not entirely successful on appeal – some aspects of registration not pressed – respondent successful on one ground but not in the end result – discount of 10% of costs sought – appellant entitled to costs of the appeal on the party-party basis
• True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd [2026] FCA 38031 Mar 2026EQUITY – application for interlocutory injunction – where applicant has issued notice terminating exclusivity of distributor agreement with respondent – whether there is a serious question to be tried – whether balance of convenience favours grant of injunction – where undertaking to damages given without sufficient security – where assessment of damages not unduly difficult – application refused
• Hurburgh v Hurburgh, in the matter of Richard Pitt & Sons Pty Ltd [2026] FCA 36131 Mar 2026CORPORATIONS – shareholder oppression – where the plaintiff is a one-third shareholder – where the three shareholders are family members and received their shares by way of an in specie distribution under a will – where the first defendant is the sole director of the company and a one-third shareholder – breakdown of relationship between the shareholders – whether the conduct of the company was oppressive or unfairly prejudicial within the meaning of s 232 of the Corporations Act 2001 (Cth) – whether the Court should order remedies for oppression under s 233 or for the just and equitable winding up of the company under s 461(1)(k) – conduct of the company found to be oppressive to the plaintiff – order that the company buy-out the plaintiff’s shares with a commensurate reduction in the share capital
• Excel Texel Pty Ltd v Wilson (No 2) [2026] FCA 15430 Mar 2026CORPORATE INSOLVENCY – representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) – whether the settlement is in the interests of the group members – how money paid under that settlement should be fairly and equitably distributed – deductions from the settlement sum for legal costs and disbursements for lawyers and litigation funders – whether the litigation funder in a related representative proceeding be entitled to a share of the settlement sum – distribution of the proceeds of securities class action
• Lin v Minister for Immigration and Citizenship [2026] FCA 37230 Mar 2026MIGRATION – application for leave to appeal from an order of a Judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a decision of a Registrar of that Court which dismissed the applicants’ application in that Court for the reinstatement of a proceeding in which the applicants sought review of a decision of the Administrative Appeals Tribunal that affirmed a decision of a delegate of the first respondent Minister to refuse to grant a visa to the applicants – primary judge’s decision, which involved the exercise of a discretion to reinstate the proceeding, was not attended by sufficient doubt to warrant a grant of leave to appeal – application dismissed
• Pandey v Dr Tiffany Tam Pty Ltd [2026] FCA 36530 Mar 2026PRACTICE AND PROCEDURE – interlocutory application for summary judgment – where Judicial Registrar refused documents for filing – where applicant alleges denial of procedural fairness – whether applicant has any reasonable prospect of success – held no reasonable prospect of success – summary judgment granted for the respondents against the applicant COSTS – application for lump sum costs order – application for costs on an indemnity basis – where the dispute concerns the taxation of costs in an earlier proceeding – lump sum costs order granted – no order for costs on an indemnity basis
• Diversified United Investment Limited, in the matter of Diversified United Investment Limited [2026] FCA 37130 Mar 2026CORPORATIONS – scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – whether statutory prerequisites satisfied – whether Court’s discretion to order convening of scheme meeting should be exercised – orders made convening meeting