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Latest Judgments from the Federal Court

• Shepard (Administrator), in the matter of Transtar Linehaul Pty Ltd (Administrators Appointed) [2025] FCA 166319 Dec 2025CORPORATIONS – application for declaration that Transtar Linehaul Pty Ltd (Administrators Appointed) is the “true” employer of employees of various companies forming part of a corporate group for the purposes of Corporations Act 2001 (Cth) s 556 – principles applicable to determination of identity of employer – whether Transtar was the true employer or whether employer was the entity recorded on written employment contracts – whether employment contracts apparently concluded by other companies in the group as “employer” are properly to be regarded as having been concluded by those companies as agents for Transtar and that Transtar was on that basis their true employer
• Page v Conneely, in the matter of Shyzi Pty Ltd [2025] FCA 164619 Dec 2025CORPORATIONS – challenge to validity of appointment of receivers to three companies – where appointment made by secured creditor purportedly pursuant to various security agreements – where security agreements formed part of suite of commercial documents – where three separate receiverships – whether on proper construction of each of the security agreements the power of appointment was enlivened – whether appointment invalid on ground that no debt owed or other ground – whether each company relevantly indebted – whether event of default had occurred CORPORATIONS – distribution of surplus proceeds of a sale of the property by Court-appointed receiver to trust property –– where first respondent claims it has the benefit of an equitable mortgage as a secured creditor which gives rise to equitable charge on the proceeds of sale of trust property – where second respondent claims that there is no underlying indebtedness to which the equitable mortgage attached
• Zhang v Zhang (No 3) [2025] FCA 162819 Dec 2025PRACTICE AND PROCEDURE – application to dismiss proceedings for want of prosecution and/or effective abandonment of proceedings – where the first applicant became bankrupt after the proceedings commenced – where deemed abandonment of the proceedings by the trustee in bankruptcy – where applicants are in default – proceedings dismissed and first respondent’s cross-claim discontinued - whether applicants should be required to pay respondents’ costs – whether applicants should be required to pay costs of cross-claims
• Torc Solutions Pty Ltd v Unex Corporation doing business as Hytorc (No 2) [2025] FCA 164819 Dec 2025COSTS – where respondents sought a lump sum costs order against the unsuccessful applicant and payment of the balance of the respondents’ costs pursuant to a non-party costs order, including on an indemnity basis – lump sum costs order made – insufficient basis to make a non-party costs order
• Snow v Secretary, Department of Social Services (No 2) [2025] FCAFC 19119 Dec 2025ADMINISTRATIVE LAW – appeal from decisions of the primary judge (1) dismissing an appeal under s 44 of the former Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal to order that payment of arrears of pension due to the appellant be calculated from the date of the decision in respect of which review was sought, in accordance with s 109(1) of the Social Security (Administration) Act 1999 (Cth) and (2) making no order as to costs– whether the primary judge erred in failing to find that the Administrative Appeals Tribunal made errors of law concerning the date on which review was sought and in its construction of provisions of the Social Security (Administration) Act 1999 (Cth) – no error established – appeal dismissed
• AxiCorp Financial Services Pty Ltd v CABC (No 3) [2025] FCA 165819 Dec 2025PRACTICE AND PROCEDURE – application for removal from court file orders – where parties settled proceeding and proposed consent orders for removal of certain affidavits and pleadings from court file – where settlement contingent on such orders being made – whether orders are necessary to prevent prejudice to the proper administration of justice – HELD: documents be removed and stored and replaced with redacted versions
• Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2025] FCA 164119 Dec 2025NATIVE TITLE – overlapping applications for determination of native title in the Goldfields region of Western Australia – claims brought on behalf of the Marlinyu Ghoorlie claim group (the Karlamaya Kapurn people) and the Karratjibbin people – applications contested by indigenous respondents – trial of separate questions concerning the existence, possession and content of native title rights and interests in claim area – joint trial conducted pursuant to s 67 of the Native Title Act 1993 (Cth) – whether the Aboriginal people who occupied the claim area at effective sovereignty were the Karlamaya Kapurn people or a Western Desert society – finding that the Karlamaya Kapurn people occupied the claim area at sovereignty – the apical ancestors of the Marlinyu Ghoorlie claim group were Karlamaya Kapurn people who held rights and interests in the claim area at sovereignty – adaptations to the traditional laws and customs of the Karlamaya Kapurn people necessitated by European settlement of the claim area – the Karlamaya Kapurn people presently possess native title rights and interests in the claim area under their traditional laws and customs – the Karlamaya Kapurn people, by their traditional laws and customs, have a connection with the claim area – separate questions answered in favour of the Marlinyu Ghoorlie claim group in relation to the whole of the land and waters of the claim area – Karratjibbin claim group failed to prove that any of their claimed apical ancestors were Karlamaya Kapurn people who held rights and interests in the claim area at sovereignty EVIDENCE – significance of evidence from forebears of native title claimants who were deceased at the time of trial – where evidence from deceased forebears demonstrates ongoing vitality of the Aboriginal society since sovereignty EVIDENCE – expert anthropological evidence – principles governing admissibility and probative value of expert anthropological evidence and basis material – where expert anthropological witness relied upon written opinions of other anthropologists who were not called as witnesses and whose reports were not tendered in evidence – considerations affecting the probative value of such written opinions EVIDENCE – expert anthropological evidence – where evidence demonstrated a lack of professionalism and independence – where expert witness’s contribution to the preparation of an expert report was limited
• GMS24 v Commonwealth (No 2) [2025] FCAFC 19719 Dec 2025COSTS – application for judicial review in relation to requests to exercise Ministerial intervention power – where application for judicial review was dismissed – whether costs should follow the event – where proceedings were conducted as “test cases”. Held: No order as to costs. Held: No order as to costs.
• Po’oi v Minister for Immigration and Citizenship [2025] FCAFC 19219 Dec 2025MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether time spent by Minister considering material prepared by departmental officers in relation to appellant’s case was insufficient to enable Minister to engage in an active intellectual process in assessing merits of appellant’s case – whether Minister delegated cancellation decision to departmental officer who prepared draft decision for Minister – whether Minister fell into jurisdictional error in Minister’s consideration of matters raised by appellant before delegate and Administrative Appeals Tribunal regarding impediments appellant would face if removed to New Zealand – whether Minister’s identification of impediments issue as important to Minister’s decision required Minister to make factual findings on that issue on basis of up to date information – whether Minister’s statements on impediments issue demonstrated legal unreasonableness – appeal dismissed with costs PRACTICE AND PROCEDURE – whether leave should be granted to appellant to raise issue not raised at trial
• Marsh Limited v Greensill Bank AG [2025] FCAFC 19619 Dec 2025PRACTICE AND PROCEDURE – application for leave to appeal from order granting anti-anti-suit relief restraining the applicants from pursuing claims in the High Court of Justice of England and Wales – application dismissed
• Reiche v Neometals Ltd (Costs) [2025] FCA 164919 Dec 2025COSTS – protection for whistleblowers – proceeding for orders under s 1317AE(1) of the Corporations Act 2001 (Cth) dismissed – whether applicant instituted part of proceeding without reasonable cause – whether applicant’s unreasonable act or omission caused respondent to incur costs – non-acceptance of reasonable offers to compromise proceeding – whether applicant should be ordered to pay costs – whether lump-sum costs order appropriate
• Frigger v Professional Services of Australia Pty Ltd (No 7) [2025] FCA 163919 Dec 2025COSTS – assessment of lump-sum costs where non-compliance with orders to file material in support of lump-sum assessment – assessment of costs where no charges rendered or estimated – consideration of appropriate scale as guide to fair and reasonable legal costs – unreliable bills of costs
• Hams (Administrator), in the matter of Onesteel Manufacturing Pty Ltd (Administrators Appointed) (No 2) [2025] FCA 165119 Dec 2025CORPORATIONS – application by administrators pursuant to s 447A of the Corporations Act 2001 (Cth) for a further extension of the convening period for the second meeting of creditors under s 439A of the Corporations Act – whether to extend convening period – where further extension of six months sought – application allowed
• Dunstan v Orr (Vexatious Proceedings Order) [2025] FCA 165319 Dec 2025PRACTICE AND PROCEDURE – vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – where applicant has frequently instituted or conducted vexatious proceedings – order made under s 37AO(2)(b) with no limitation to proceedings of a particular type PRACTICE AND PROCEDURE – vexatious proceedings order under s 37AO of the Federal Court Act – order under s 37AO(2)(a) staying extant application for leave to appeal not made on the basis the applicant was not given prior notice
• Australian Securities and Investments Commission v R M Capital Pty Ltd (No 2) [2025] FCA 163419 Dec 2025CORPORATIONS - financial services regulation - second defendant authorised representative of financial services licensee - agreement reached between regulator and second defendant as to liability - authorised representative found to have accepted conflicted remuneration in breach of s 963G of the Corporations Act 2001 (Cth) CORPORATIONS - civil penalty - first defendant found to have not taken reasonable steps to ensure authorised representative did not receive conflicted remuneration, in breach of s 963F of the Corporations Act - first defendant grossly negligent during period of contravention - inadequate approach to compliance since contravention - consideration of appropriate pecuniary penalty to be granted - relief granted against first defendant CORPORATIONS - civil penalty - second defendant found to have accepted conflicted remuneration in breach of s 963G of the Corporations Act - second defendant did not contest liability and jointly proposed relief with regulator - relief granted against second defendant in terms agreed
• CCMSM Commercial Pty Ltd as Trustee for the CCMSM Commercial Trust v Registrar of Trade Marks [2025] FCA 161519 Dec 2025TRADE MARKS – appeal de novo - whether marks containing the registered mark and other words (Opposed Marks) are deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – characteristics of the notional consumer purchasing vehicles – whether the notional consumer would be caused to wonder whether the Opposed Marks emanate from the same source
• Li v Secretary, Department of Social Services [2025] FCA 161719 Dec 2025ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal (Tribunal) – where error conceded by reason of Tribunal’s failure to consider submissions – Applicant contends that the Court should make findings of fact under s 177 of the Administrative Review Tribunal Act 2024 (Cth) and determine the matter ADMINISTRATIVE LAW – social security – calculation of lump sum compensation payment for the purpose of identifying lump sum preclusion period – whether part of compensation payment relating to medical expense falls within definition of compensation under s 17 of the Social Security Act 1991 (Cth) ADMINISTRATIVE LAW – scope of remitter where Applicant partially successful in the Tribunal and Respondent did not allege error in Tribunal’s finding – where partial concessions made below - limited remitter appropriate
• Whaley v Attorney-General [2025] FCA 165719 Dec 2025ADMINISTRATIVE LAW – application for judicial review of parole decision under s 19AL(1) of the Crimes Act 1914 (Cth) – whether delegate of Attorney-General failed to give proper, genuine and realistic consideration to relevant matters – whether delegate failed to independently consider evidence materials and exercise personal discretion – whether decision gave rise to jurisdictional error – apprehended bias – whether a fair-minded lay observer might reasonably apprehend that the delegate did not bring an impartial mind to the determination of whether to grant parole – no error established – application dismissed
• Deputy Commissioner of Taxation v Bundaberg Indoor Sports Pty Ltd (No 2) [2025] FCA 165619 Dec 2025PRACTICE AND PROCEDURE – application for summary judgment – tax related liabilities – where effect of evidence under ss 8AAZI and 8AAZJ of the Taxation Administration Act 1953 (Cth) (the TAA53) not displaced – summary judgment entered – stay application against execution of judgment debt – where no extant appeal under Part IVC of the TAA53 – whether appropriate to grant stay of execution simply to afford taxpayer opportunity to recover assets and property – application for stay dismissed
• Skilled Workforce Solutions (NSW) Pty Ltd v Mining and Energy Union [2025] FCAFC 19519 Dec 2025INDUSTRIAL LAW – Applications for judicial review of regulated labour hire arrangement orders made by the Fair Work Commission (Commission) under Part 2-7A of the Fair Work Act 2009 (Cth) (FW Act) in two different proceedings relating to the Mt Arthur Mine and the Bengalla Mine – where Part 2-7A inserted into the FW Act by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) - consideration of legislative purpose of s 306E of the FW Act which empowers the Commission to make regulated labour hire arrangement orders – whether Commission empowered to make a regulated labour hire arrangement order under s 306E(1) in respect of all employees supplied by labour hire employer though Commission reaches a state of satisfaction under s 306E(1)(a) in relation to a limited cohort of “regulated employees” – whether Commission’s orders fail to specify the “regulated employees” under s 306E(9)(c) – whether Commission’s orders otherwise uncertain – interaction between ss 306E(1)(a), 306E(1)(b), 306E(5) and 306E(9)(c) – jurisdictional error established