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Latest Judgments from the Federal Court

• Blade v Jones Lang LaSalle (NSW) Pty Ltd [2026] FCA 118321 Aug 2026PRACTICE AND PROCEDURE – interlocutory applications by applicants to permit them to advance wrongful dismissal general protections court applications including by extensions of time pursuant to s 370(a)(ii) of Fair Work Act 2009 (Cth) (FW Act) – where proceedings filed prior to certificate issued by Fair Work Commission under s 368(3)(a) of FW Act (Certificate) – where general protections court applications not validly made pursuant to s 370(a) of FW Act – whether acceptable explanation for delay – where legal representative responsible for error in filing general protections court application on behalf of second applicant prior to issue of Certificate and delay in making application for an extension pursuant to s 370(a)(ii) of the FW Act – where legal representative responsible for error in filing general protections court application on behalf of first applicant due to use of incorrect form – where applicants not relevantly implicated in errors – discretion under s 370(a)(ii) exercised in favour of both applicants – applications allowed
• Planet Innovation Holdings Ltd, in the matter of Planet Innovation Holdings Ltd [2026] FCA 119421 Aug 2026CORPORATIONS — members’ scheme of arrangement — cash offer for shares in target — orders sought convening two scheme meetings — separate classes of shareholders — one class of general shareholders — separate class of shareholders who are to subscribe for shares in the ultimate holding company of the acquirer — necessity for separate scheme meetings — discussion of performance risk and completion risk — orders made convening two scheme meetings
• True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd (No 4) [2026] FCA 120021 Aug 2026PRACTICE AND PROCEDURE – application to set aside existing order dismissing proceeding – where proceeding dismissed automatically on non-payment of security for costs – where applicants’ evidence does not establish that there has been any material change of circumstances regarding ability to raise finance since proceeding dismissed – no sufficient basis to set aside order – application dismissed
• Obeid v Commissioner of Taxation (No 2) [2026] FCA 119221 Aug 2026PRACTICE AND PROCEDURE – where a number of Federal Court and Administrative Review Tribunal proceedings were heard together – where the respondent applies for summary dismissal due to the applicants repeated non-compliance with timetabling orders of the Court – where the applicants effectively ignored their duty to comply with the Court’s orders and did not inform the Court they did not intend on filing submissions or preparing for the hearing – where the applicants did not provide details or objective evidence on the purported effects of ongoing proceedings in the Supreme Court of New South Wales and their alleged inability to engage counsel – whether a hearing without written opening submissions, notice of objections to evidence, notice of which affidavits were relied upon or which witnesses were required for cross-examination was a proper approach to complex taxation litigation in the light of the overarching purpose expressed in s 37M of the Federal Court of Australia Act 1976 (Cth) – whether the proceedings should be dismissed
• Lim v Assistant Minister for Citizenship, Customs, and Multicultural Affairs [2026] FCA 117921 Aug 2026MIGRATION – judicial review of decision of respondent to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where the respondent was satisfied cancellation was in the national interest – where applicant’s criminal history related in large part to methamphetamine use – where applicant claimed sexual assault in juvenile detention contributed to offending – whether respondent’s misstatement of the significance of documents regarding applicant’s imprisonment history constituted taking into account an irrelevant consideration – where applicant claimed to fear relapse if removed to Malaysia – whether inconsistency in respondent’s reasoning constituted a failure to take into account a relevant consideration
• Li v Australian Information Commissioner [2026] FCA 118421 Aug 2026PRACTICE AND PROCEDURE — application for judicial review – where the second respondent made a decision to refuse a request to access a document under the Freedom of Information Act 1982 (Cth) on grounds that it was conditionally exempt – where the applicant initiated a process of review by the first respondent – where the second respondent made a new decision to grant access to the document prior to completion of the first respondent’s review – where the first respondent then decided not to continue its review – objection to the competency of the application as against the second respondent – whether the Court should enlarge the time for lodging the review application – the Court should not enlarge time because the application is without merit – whether the applicant is a person aggrieved – the applicant is not a person aggrieved because the second respondent’s initial decision became inoperative when it was set aside and substituted – application for summary dismissal by both respondents – whether the applicant has reasonable prospects of success – the applicant does not have reasonable prospects of establishing that the first respondent’s decision on review was unreasonable in circumstances where the reason for the review had fallen away
• BXY20 v Minister for Immigration and Citizenship [2026] FCA 118720 Aug 2026MIGRATION – protection visa cancelled under s 109 of the Migration Act 1958 (Cth) for providing incorrect information – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – where the appellant has three children living in Australia who have no meaningful relationship to Iran – where one child is an Australian citizen – whether the Tribunal’s decision was affected by jurisdictional error – whether the Tribunal failed to take the best interests of the children into account as a primary consideration – appeal allowed
• Boyd v State of New South Wales (Department of Education) [2026] FCA 119020 Aug 2026PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant factors for approval of settlement – claim of discrimination in provision of education – minor with disabilities – whether settlement is in the applicant’s best interests – whether confidentiality orders should be made – settlement approved
• Nawaz v Minister for Immigration and Citizenship [2026] FCA 118220 Aug 2026MIGRATION – adjournment application on basis that appellants now seek Ministerial intervention – Ministerial intervention separate process unrelated to this appeal – application dismissed MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) that there was no jurisdictional error in Administrative Review Tribunal decision not to grant student visas – genuine temporary entrant criterion – no merit in grounds of appeal – application dismissed
• Holt v Mitsubishi Motors Corporation (No 2) [2026] FCA 119120 Aug 2026PRACTICE AND PROCEDURE – application to amend pleadings – where applicants have already filed evidence – where respondents’ evidence is at an advanced stage of preparation – where lack of adequate explanation for delay – where any prejudice can be ameliorated by an order for costs – where other issues raised are better determined at final hearing – leave granted – applicants ordered to pay respondents’ costs of amendment application and costs thrown away by reason of amendment
• Staunton v Zahab (No 2) [2026] FCA 117320 Aug 2026PRACTICE AND PROCEDURE – suppression orders – whether a suppression order should be granted pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth) – control orders – suppression orders made
• Australian Securities and Investments Commission v Netwealth Investments Limited [2026] FCA 118620 Aug 2026CORPORATIONS – duty under s 912A(1)(a) of the Corporations Act 2001 (Cth) to do all things necessary to ensure that the financial services covered by a financial services licence were provided efficiently, honestly and fairly – where plaintiff alleges that the defendants contravened ss 912A(1)(a) and 912A(5A) of the Act in operating the Netwealth Superannuation Master Fund –where contraventions admitted by defendants – where proposed declarations and costs orders are agreed – where no application for pecuniary penalty – whether proposed declaratory relief and penalty are appropriate – relief granted in the form proposed
• CMU19 v Minister for Immigration and Multicultural Affairs [2026] FCA 119920 Aug 2026MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellants failed to file submissions and to appear – grounds of appeal lacked merit in any event – appeal dismissed with costs
• Fitzgerald, in the matter of Fitzgerald [2026] FCA 115420 Aug 2026CORPORATIONS – directors – disqualification – application by disqualified director (who was an undischarged bankrupt) for leave to manage the corporate trustee of a self-managed superannuation fund – where application not opposed – where circumstances that led to bankruptcy included unpaid taxation liabilities – where other circumstances supported the grant of the application – leave granted to manage corporate trustee
• Singh v Minister for Immigration and Multicultural Affairs [2026] FCA 117120 Aug 2026MIGRATION – where refusal of Regional Employer Nomination (Class RN) (Subclass 187) visa – where employer nomination withdrawn – whether breach of procedural fairness – whether jurisdictional error – various other miscellaneous complaints – no error disclosed – appeal dismissed
• LIZ25 v Minister for Immigration and Citizenship [2026] FCA 116420 Aug 2026MIGRATION s 501A – where the Assistant Minister for Immigration made a decision to exercise his discretion under s 501A to refuse to grant a visa to the Applicant – whether the effluxion of time rendered the decision unreasonable – whether the Assistant Minister reasoned illogically or unreasonably by relying on information that had not been updated – whether the Assistant Minister reasoned illogically by referring to a “trend” in offending – application dismissed
• Ritter v Savills (Aust) Pty Ltd (No 2) [2026] FCA 116920 Aug 2026PRACTICE AND PROCEDURE – respondent’s application for suppression order pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) over documents on Court file – whether suppression order necessary to prevent prejudice to the proper administration of justice – where parts of claim permanently stayed – where respondent submits that some matters on file are not referable to any claim made in the proceeding – application allowed
• Wijaya v Matthew Brothers Engineering Pty Ltd [2026] FCA 116520 Aug 2026PRACTICE AND PROCEDURE — Objection to competency —Where Applicant filed incorrect form to commence appeal proceedings — Whether leave to appeal required — Whether explanation for delay was sufficient — Whether substantive case has any merit — Where Applicant made substantially the same submissions as were made before the primary judge — What is required by the interests of justice — Whether costs should be ordered under s 570(2) of the Fair Work Act 2009 (Cth) — Objection to competency upheld — Costs ordered
• DXR19 v Minister for Immigration and Citizenship [2026] FCA 118920 Aug 2026MIGRATION – protection visa application – refused – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellant in default of appearance at appeal hearing – appeal dismissed
• Daniel v Australian Irrigation Investments Pty Ltd [2026] FCA 118020 Aug 2026HUMAN RIGHTS – application under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) – where applicant claimed victimisation pursuant to s 47A of the Sex Discrimination Act 1984 (Cth) – complaint to Australian Human Rights Commission (AHRC) – where complaint to AHRC not resolved – power of Court in respect of originating application under s 46PO(1) of the AHRC Act – alternative procedure under s 23 of the Federal Court of Australia Act 1976 (Cth) not available – where applicant sought reinstatement on full pay by way of interim relief pending resolution of complaint to AHRC – where employer alleged misconduct referable to download of confidential information by applicant – relevant considerations for Court under s 46PP AHRC Act in determining whether to grant interim relief – merits of the case – balance of convenience – maintenance of the status quo – whether Court empowered under s 46PP AHRC Act to order applicant to return confidential information to respondents – interim relief refused