Latest Judgments from the Federal Court
- Kanevsky, in the matter of M.A Services Group Pty Ltd (Administrators Appointed) [2025] FCA 169404 Feb 2026CORPORATIONS – application to modify requirements of the Corporations Act 2001 (Cth) to provide notice of the first meeting of creditors and as to the conduct of that meeting – application for extension of time to respond to creditor enquiries – application for limitation of administrators’ personal liability
- Barth Family Trust (Trustee) v Commissioner of Taxation [2025] FCA 169302 Feb 2026TAXATION – where the applicant claimed input tax credits in business activity statements lodged more than four years after lodgements were required – where the Commissioner of Taxation (Commissioner) disallowed the assessments – where the applicant applied to the Administrative Review Tribunal (Tribunal) to review the Commissioner’s decision – where the Tribunal affirmed the Commissioner’s decision – where the applicant appeals to the Federal Court of Australia – whether s 93-5 of the A New Tax System Goods and Services Tax Act 1999 (Cth) (GST Act) operates to extinguish the right to claim input tax credits if claims are lodged more than four years after lodgements are due – whether the time limitation in s 93-5 of the GST Act is counted from when returns are originally due or when amended returns are due – whether filing an objection to a tax assessment outside the four-year period resuscitates the right to claim input tax credits under s 93-5 of the GST Act – appeal dismissed.
- Commissioner of Taxation v Li (Freezing Order) [2025] FCA 169202 Feb 2026PRACTICE AND PROCEDURE – urgent application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – where there is a good arguable case – where there is a sufficient risk of dissipation of assets – where the interests of justice and balance of convenience lie in favour of granting the freezing order – where the value of the asset does not exceed the maximum penalty plus costs – orders for substituted service made where service not practicable under the Federal Court Rules 2011 (Cth) – freezing orders granted
- Commissioner of Taxation v Handojo (Freezing Order) [2025] FCA 169102 Feb 2026PRACTICE AND PROCEDURE – urgent application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – where there is a good arguable case – where there is a sufficient risk of dissipation of assets – where the interests of justice and balance of convenience lie in favour of granting the freezing order – where the value of the asset does not exceed the maximum penalty plus costs – orders for substituted service made where service not practicable under the Federal Court Rules 2011 (Cth) – freezing orders granted
- CPC Patent Technologies Pty Ltd v Apple Pty Limited (No 2) [2025] FCA 167101 Feb 2026COSTS – discretion as to costs – whether to treat infringement claim and validity cross-claim as separate events – where infringement claim failed and cross-claim largely dismissed – costs ordered separately for infringement and cross-claim – discount for success in invalidating three of the asserted claims – whether costs should be assessed on a lump-sum or taxed basis COSTS – offer of compromise under r 25.14 of the Federal Court Rules 2011 (Cth) – whether judgment was less favourable than terms of offer – whether unreasonable not to accept offer – offer of compromise does not change outcome on costs COSTS – application for orders that third party litigation funders be jointly and severally liable for costs – where litigation funder replaced by another entity under a new agreement – where accepted that third party costs order should be made against subsequent entity, but not the original entity – insufficient evidence to infer that original entity no longer had ability to recoup COSTS – application for orders that third party litigation funder be jointly and severally liable for costs – where litigation funder came to be involved after judgment reserved in substantive proceedings – litigation funder played no active role in proceedings but stood to gain a commercial benefit – sufficient connection found to warrant a third party costs order PRACTICE AND PROCEDURE – s 37AG of the Federal Court of Australia Act 1976 (Cth) – final suppression orders preventing disclosure of confidential information – orders made in form sought
- Australian Securities and Investments Commission v Australian Unity Funds Management Limited [2025] FCA 167930 Jan 2026CORPORATIONS LAW – distribution of financial products – target market determinations – where the defendant on 89 occasions issued interests in a fund to retail clients without requiring them to submit a completed questionnaire to enable determination of whether the applicants were within the target market – where the defendant on 239 occasions issued interests in a fund to retail clients without reviewing questionnaires submitted by the applicants to enable determination of whether the applicants were within the target market – where the defendant admitted to contravening s 994E(3) of the Corporations Act 2001 (Cth) – where ASIC and the defendant jointly proposed that the Court make a declaration of contravention and impose a pecuniary penalty of $7,125,000 – agreed declaration made and agreed penalty imposed
- IG Power Holdings Limited, in the matter of IG Power Holdings Limited [2025] FCA 169028 Jan 2026CORPORATIONS – application for relief from liability and an extension of time under ss 1322(4)(c) and (d) of the Corporations Act 2001 (Cth) – where corporations failed to comply with statutory reporting obligations for FY22, FY23 and FY24 – whether relevant officers acted honestly – whether substantial injustice has been or is likely to be caused by grant of application – application granted
- Australian Securities and Investments Commission v Brite Advisors Pty Ltd (Receivers and Managers Appointed) (in liq) (No 3) [2025] FCA 163522 Jan 2026CORPORATIONS — application by the Receivers and Managers seeking orders that they would be acting properly and are justified in making an Interim Distribution — where application is opposed without a sum being retained on the basis that such an amount should be retained as security against any potential claim — where no details of potential claim have been provided — where contractual documents governing a margin loan do not provide for security against potential claim by liquidators for unauthorised transactions — orders made
- Li v Minister for Immigration and Citizenship [2025] FCA 168913 Jan 2026MIGRATION – where the appellant appeals from a decision of the Federal Circuit and Family Court of Australia (FCFCA) to uphold a decision of the Administrative Appeals Tribunal (AAT) to uphold a decision of the delegate of the Minister to not grant a visa as the appellant did not satisfy the Public Interest Criterion – whether the FCFCA made a jurisdictional error in failing to find that the AAT failed to consider a relevant consideration – whether the FCFCA made a jurisdictional error in failing to find that the AAT did not comply with s 395A of the Migration Act 1958 (Cth) – appeal dismissed.
- Greer v Bandjalang Aboriginal Corporation Prescribed Body Corporate RNTBC (No 3) [2025] FCA 167412 Jan 2026PRACTICE AND PROCEDURE – urgent application to set aside interlocutory injunctions restraining respondent from terminating employment of applicant – where appointment of special administrator to respondent under Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) constitutes material change in circumstances – satisfied balance of convenience no longer supports interlocutory injunctions – application granted
- Global Uranium and Enrichment Limited, in the matter of Global Uranium and Enrichment Limited [2025] FCA 168407 Jan 2026CORPORATIONS - scheme of arrangement - first court hearing for scheme - application for orders under s 411 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour of making orders sought - orders and directions made
- Ron Crouch Transport Pty Ltd, in the matter of Ron Crouch Transport Pty Ltd [2025] FCA 168807 Jan 2026CORPORATIONS – Application for orders pursuant to s 447A(1) and s 443B(8) of the Corporations Act 2001 (Cth) (Act) varying the operation of s 443A(1)(c) and s 443B(2) of the Act, such that the voluntary administrator of the Company is excused from personal liability for any debts or other liability incurred with respect to eight premises leased by the Company – Application allowed.
- Spyrou v Thorn, in the matter of IAZ Logistics Pty Ltd [2025] FCA 168524 Dec 2025CORPORATIONS – winding up – application by shareholder and director under s 482(1) of the Corporations Act 2001 (Cth) to terminate the winding up of the company – circumstances of notification of creditors unsatisfactory – liquidator unable to express a view – whether the company is solvent – all current creditors to be paid – assessment of future trading prospects on scant evidence – sufficient capital buffer to justify termination – application granted
- SCL AUS Limited v Kirkalocka Gold SPV Pty Ltd [2025] FCA 167824 Dec 2025PRACTICE AND PROCEDURE - urgent interlocutory application for order temporarily staying primary order - whether appeal raises arguable grounds - balance of convenience - application granted
- Sage v Korogiannis, in the matter of Sage [2025] FCA 159624 Dec 2025COSTS – Bankruptcy proceeding – whether general rule as to costs should be departed from – whether conduct of the Applicant disentitles him to the entirety of his party and party costs – Respondent to pay the Applicant’s costs, but with a discount.
- Byrnes (Administrator), in the matter of Salads of Australia Pty Limited (Receivers and Managers Appointed) (Administrators Appointed) [2025] FCA 168624 Dec 2025CORPORATIONS – application by administrators pursuant to s 447A of the Corporations Act 2001 (Cth) for an extension of the convening period for the second meeting of creditors under s 439A of the Corporations Act – whether to extend convening period
- Scott v Steritech Pty Ltd [2025] FCA 168724 Dec 2025CORPORATIONS – Application to transfer Federal Court proceedings to the Supreme Court of Queensland pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – Whether the transfer is in the “interests of justice” – Consideration of “connecting factors” to ascertain the “natural forum” of the proceeding – Where, having regard to the interests of justice, it is more appropriate for the proceeding to be determined by the Supreme Court.
- Electra Cables (Aust.) Pty Limited v Minister for Industry and Innovation [2025] FCA 167723 Dec 2025ADMINISTRATIVE LAW – judicial review – anti-dumping duties – where applicant importer of PVC flat electrical cables from China sought review of and orders to set aside decision of Minister affirming his previous decision declaring that dumping duty applies under s 8 of the Customs Tariff (Anti-Dumping) Act 1975 (Cth) – where applicant sought review of Anti-Dumping Review Panel’s decision recommending the Minister affirm his previous decision – where applicant sought review of Anti-Dumping Commissioner’s decision recommending to the Minister that dumping and countervailing duty notices be published in respect of PVC flat electrical cables exported to Australia from China STATUTORY INTERPRETATION – consideration of meaning of “costs, charges or expenses” in s 269TAB(2)(b) of the Customs Act 1901 (Cth) in relation to the calculation of the “export price” under s 269TAB(1)(b) – whether foreign exchange gains are “costs, charges or expenses arising in relation to the goods after exportation” under s 269TAB(2)(b) ESTOPPEL – Anshun estoppel – whether party estopped from litigating issue which purportedly should have been raised in earlier judicial review proceedings – whether there were special circumstances excluding the application of the Anshun principle STATUTORY INTERPRETATION – consideration of the requirement in s 269TAF(1) of the Customs Act 1901 (Cth) for a conversion of currencies to use “the rate of exchange on the date of the transaction or agreement that, in the opinion of the Minister, best establishes the material terms of the sale of the exported goods” – impermissible use of a foreign exchange rate for each quarter of the relevant investigation period
- CMP25 v Minister for Immigration and Multicultural Affairs [2025] FCAFC 19923 Dec 2025MIGRATION – Migration Act 1958 (Cth) – exercise of discretion under s 501BA to override decision of Administrative Appeals Tribunal to revoke visa cancellation – where legal consequences of decision considered but not attributed any weight – whether decision was legally unreasonable – error not established MIGRATION – where application for protection visa refused – where appellant applied for merits review – where application withdrawn while pending – where no protection finding previously made – whether Minister deferred consideration of protection claim – no extant protection claim to be considered – error not established MIGRATION – where Minister found no recent risk assessments were available and appellant was not rehabilitated – where finding based on historical information – natural justice does not apply – whether Minister failed to address temporal gap – error not established – appeal dismissed
- Natch v Stennson Pty Ltd (No 6) [2025] FCA 168323 Dec 2025PRACTICE AND PROCEDURE – application pursuant to r 39.05(b) of the Federal Court Rules 2011 (Cth) – no basis to set aside orders under r 39.05(b) on ground that orders were obtained by fraud – application dismissed with costs on an indemnity basis – assessment of costs on a lump sum basis