Latest Judgments from the Federal Court
- Scott v Equatorial Launch Australia Pty Ltd (in liquidation) (No 3) [2026] FCA 88107 Jul 2026PRACTICE AND PROCEDURE – relief to be granted in respect of breaches of contract – where pre-judgment interest orders are appropriate – relevant dates from which pre-judgment interest should be paid – where no utility in declaratory relief – timetabling and referral as to costs
- Shell Energy Holdings Australia Limited v Commissioner of Taxation (Costs) [2026] FCA 88207 Jul 2026COSTS – where applicant seeks indemnity costs – where judgment more favourable than rejected offer of compromise – presumption of entitlement to indemnity costs from two days after offer was served – where offer was substantial compromise – where no evidence that dispute on point of law has ongoing significance – indemnity costs ordered from two days after offer was served
- Kual v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 87207 Jul 2026MIGRATION – application for review of a decision of the Assistant Minister to cancel the applicant’s visa – Assistant Minister imported findings of viciousness into consideration of offending when not reflected in sentencing remarks – factual errors as to applicant’s conduct on return to community – conflation of “persistent” offending with severity of offending – combination of illogicalities and factual errors amounted to jurisdictional error – application allowed MIGRATION – whether the Assistant Minister failed to explain the link between protection of the Australian community and cancellation of the applicant’s visa in circumstances where the applicant might remain in the community – no finding of error in the Assistant Minister’s consideration of this factor where no application for a protection visa had been made
- Electra Cables (Aust.) Pty Limited v Minister for Industry and Innovation (No 2) [2026] FCA 87907 Jul 2026ADMINISTRATIVE LAW – judicial review – anti-dumping duties – where applicant succeeded in establishing legal error and relief fell to be determined – consideration of whether additional affidavit evidence should be received and whether relief should be refused – orders made for confined remittal and award of costs
- Karas v LK Law Pty LTD (Costs of Stay Application) [2026] FCA 85907 Jul 2026COSTS – application for stay of judgment pending appeal – where application for leave to appeal a decision of the primary judge on stay application dismissed – where application for stay treated as if filed in the substantive appeal – where stay granted – whether respondents should pay appellant’s costs of stay application
- Wijeyekoon by her litigation guardian Haslum v Westpac Banking Corporation [2026] FCA 87506 Jul 2026PRACTICE AND PROCEDURE – application for an injunction before the start of a proceeding to prevent the prospective respondents from discharging a loan as part of the settlement of a sale of a property, which sale gave effect to orders of the Federal Circuit and Family Court of Australia (Division 2) – no serious issue to be tried identified – balance of convenience against the grant of an injunction – as a matter of discretion, the Court not inclined to grant an injunction to stymie the giving of effect to orders of another Court in circumstances where such relief has not been sought in the other Court
- Shlomi v Anything4Views Pty Ltd [2026] FCA 87306 Jul 2026PRACTICE AND PROCEDURE – application for further security for costs – where security for costs previously ordered by consent as a result of binding agreement between parties – where consent orders provide liberty to seek further security after filing of evidence – where evidence has not yet been filed – where additional costs incurred in discovery process not beyond ordinary vicissitudes of litigation – no sufficient justification given to vary consent orders – application dismissed
- Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 8706 Jul 2026INSURANCE – liability insurance – construction of policy – where policy provided for a retention of $2.5 million for one type of coverage and for a retention of $10 million for another type of coverage – where the policy provided that, in the event of related claims on the insured, only one retention would be applicable – where the primary judge heard separate questions as to whether, in certain circumstances involving related claims on the insured, the applicable retention was $2.5 million or $10 million – where primary judge held that the applicable retention was $10 million – whether primary judge erred – application for leave to appeal granted but appeal dismissed
- FKCV v Minister for Immigration and Citizenship [2026] FCA 86406 Jul 2026MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – application of Ministerial Direction 110 – likelihood applicant would be released into the community on a bridging visa – whether Tribunal acted illogically or irrationally in finding that expectations of and protection of Australian community weighed heavily against revocation given applicant likely to be given visa and released into community – Tribunal did not reason illogically and unreasonably by giving weight to community expectation that applicant who breached the law should not continue to hold a visa – Tribunal reasoned illogically and unreasonably by failing to consider how applicant being released into the community would impact its findings about community protection – ground upheld – application allowed MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – application of Ministerial Direction 110 – Tribunal found legal consequences of decision weighed in favour of revocation – Tribunal did not consider consequences of the applicant needing to comply with bridging visa conditions – ground upheld – application allowed
- Forrest on behalf of the Nangaanya-ku Native Title Claim Group (Part B) v State of Western Australia (No 4) [2026] FCA 86306 Jul 2026PRACTICE AND PROCEDURE – whether proposed respondent should be joined as party pursuant to s 84(5) of the Native Title Act 1993 (Cth) – prospective respondent not a person whose interests may be affected – concerns raised by prospective respondent are intramural disputes – alternatively joinder application is inconsistent with existing native title determination and grant of the application at this late stage would be an abuse of process – joinder not in interests of justice – application dismissed
- Australian Communications and Media Authority v Jones (No 8) [2026] FCA 86106 Jul 2026CORPORATIONS – pecuniary penalties and other orders – determination of appropriate penalty – where third respondent aided and abetted the contraventions of s 15(2A) of the Interactive Gambling Act 2001 (Cth) by each of the first, second and fourth respondents – where third respondent admitted ancillary liability – where agreed penalty was inadequate – where conduct was deliberate and designed for profit – where general deterrence important – penalty determined – declarations made and injunction granted
- Australian Communications and Media Authority v Jones (No 7) [2026] FCA 86006 Jul 2026CORPORATIONS – pecuniary penalties and other orders – determination of appropriate penalty – where first and fourth respondents contravened s 15(2A) of the Interactive Gambling Act 2001 (Cth) – whether proposed penalties appropriate to achieve general and specific deterrence – consideration of factors informing assessment of penalty – penalty determined – declarations made and injunction granted COSTS – whether costs should be determined on lump sum basis – where first and fourth respondents did not appear at penalty hearing – lump sum costs ordered
- BQNZ v Minister for Immigration and Citizenship [2026] FCA 85705 Jul 2026MIGRATION – application for extension of time under s 477A of the Migration Act 1958 (Cth) (the Act) – where the applicant was an Iraqi national who arrived in Australia in 1999 and was granted a protection visa – where the applicant’s visa was cancelled by a delegate of the Minister under s 501(3A) of the Act on the basis that he did not pass the “character test” – where the applicant made representations under s 501CA to have the cancellation revoked – where a delegate of the Minister refused the revocation request – where the applicant sought review of that decision in the (then) Administrative Appeals Tribunal (Tribunal) – where the Tribunal affirmed the decision not to revoke the cancellation – where the applicant seeks judicial review of the Tribunal’s decision over four years later – whether the applicant had adequate reasons to justify the delay – whether the applicant’s substantive case was so strong as to be “exceptional” to justify a grant of a lengthy extension – whether time should be extended
- Australian Competition and Consumer Commission v Beacon Products Pty Limited (in liq) (No 2) [2026] FCA 85503 Jul 2026CORPORATIONS – misleading or deceptive conduct – unconscionability – proceeding commenced by regulator – where respondents operated businesses selling cleaning products and printer cartridges and inks for commercial and industrial use (Businesses) – whether particular sales systems and techniques contravened s 18, s 21 and s 29(1)(d) and s 29(1)(m) of the Australian Consumer Law – where representatives of the first and second respondents (Corporate Respondents) confirmed and processed orders not previously made by consumers – where representatives of Corporate Respondents made representations regarding consumers’ agreement to acquire goods and consumers’ termination rights and rights to return goods – whether third respondent with responsibility for the management and operation of the Businesses was involved in unconscionable conduct – where conduct of Corporate Respondents found to be misleading or deceptive and unconscionable – where third respondent found to be involved in unconscionable conduct of Corporate Respondents
- TESA Group Pty Ltd v Mining and Energy Union [2026] FCAFC 8603 Jul 2026PRIVILEGE – parliamentary privilege – where appellant sought recusal of Deputy President of the Fair Work Commission – where Deputy President was a Member of Parliament and shadow cabinet before being appointed to the Commission – where Deputy President dismissed recusal applications and appellant sought judicial review of the dismissal decisions – where case for recusal before the primary judge and on appeal relied upon Hansard extracts containing comments and question made by the Deputy President during parliamentary proceedings – whether s 16(3) of the Parliamentary Privileges Act 1987 (Cth) applied to preclude the admission of the Hansard extracts into evidence – whether s 16(3) should be read down by reason of implications drawn from Ch III of the Constitution – HELD: Hansard extracts should not have been admitted into evidence
- Falco v Zscaler Australia Pty Ltd (No 2) [2026] FCA 83703 Jul 2026PRACTICE AND PROCEDURE – application for suppression and non-publication orders following settlement after a successful mediation – where deed of settlement and release subject to confidentiality obligations and conditional upon the Court making non-publication orders akin to those made pre-mediation – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice – HELD: application allowed
- Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 5) [2026] FCA 74703 Jul 2026PRACTICE AND PROCEDURE — application by plaintiff for judgment in default against second and third defendants — where second and third defendants failed to file defences within 28 days of the service of the proceedings — judgment in default entered against second and third defendants — damages to be assessed
- Nkaweh v Trustee for Nonabel Trust [2026] FCA 14503 Jul 2026PRACTICE AND PROCEDURE — application for an extension of time to appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) — where the applicant was to serve documents as soon as practicable — where applicant failed to serve documents within reasonable time — application dismissed for want of prosecution pursuant to s 20(5)(c) of the Federal Court of Australia Act 1976 (Cth)
- BKRD v Minister for Immigration and Citizenship [2026] FCA 86503 Jul 2026MIGRATION – application for judicial review of decision of the Administrative Review Tribunal– where Tribunal affirmed decision of the Minister for Immigration and Citizenship’s delegate not to revoke the mandatory cancellation of the applicant’s permanent visa pursuant to s 501CA of the Migration Act 1958 (Cth) –where applicant affected by NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; (2023) 280 CLR 137 and would have remained in Australian community regardless of the Tribunal’s decision – whether it was illogical or irrational for the Tribunal to conclude that the risk to the community weighed substantially in favour of non-revocation – whether the Minister’s submissions before the Tribunal about third country reception arrangements were misleading – whether a refusal to adjourn was unreasonable – whether the applicant had been denied procedural fairness by reason of discussions conducted in the applicant’s absence
- Cassuto v Kostakidis (No 2) [2026] FCA 85603 Jul 2026PRACTICE AND PROCEDURE – discovery – interlocutory applications pursuant to s 35A(5) of Federal Court of Australia Act 1976 (Cth) for review of decision made by registrar – where registrar made orders for discovery by category – where applicant seeks amendment of orders to remove requirement for discovery of one category of documents and to limit scope of another category of documents – where respondent seeks discovery of additional category of documents – interlocutory applications substantially dismissed