Browse Federal Court Judgments

Consumer Law
Australian Energy Regulator v Origin Energy Electricity Limited [2024] FCA 1529
CONSUMER LAW – supply of energy to households which require life support equipment – where the respondents admitted contravening rr 124(1)(a)-(c), 124(3)(a), 125(1) and 124B(1)(c) of the National Energy Retail Rules and s 273 of the National Energy Retail Law –where the applicant and the respondents agreed to proposed declarations of contravention and civil penalties totalling $12 million – whether proposed penalties appropriate
O'BRYAN J - 18 Dec 2024

Corporations Law
Dropsuite Limited, in the matter of Dropsuite Limited (No 2) [2025] FCA 487
CORPORATIONS – scheme of arrangement – second Court hearing – application under s 411(4)(b) of the Corporations Act 2001 (Cth) (Corporations Act) for approval of scheme of arrangement and exemption from compliance with s 411(11) of the Corporations Act – orders made
BUTTON J - 14 May 2025

Bankruptcy
Blakeley (Liquidator), in the matter of Global Capital Property Fund Ltd [2025] FCA 484
BANKRUPTCY AND INSOLVENCY — Liquidators — Application for directions under s 477 of the Corporations Act 2001 (Cth) — Principles and practices applicable — Whether Court should retrospectively declare past conduct of liquidators to have been proper — Applications for approvals under s 477(2A) and (2B) — Corporations Act 2001 (Cth) ss 477(2A), (2B) and s 1322 — Orders made
WHEATLEY J - 23 Apr 2025

Corporations Law
Kaso (Administrator), in the matter of Cairnlea Pty Ltd (Administrators Appointed) [2025] FCA 483
CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the First Plaintiffs (the administrators) must convene the second meeting of the creditors of the administered companies under s 439A(1) — Orders granted.
WHEATLEY J - 24 Apr 2025

Migration
CMP25 v Minister for Immigration and Multicultural Affairs [2025] FCA 480
MIGRATION – mandatory cancellation of visa – where the (then) Administrative Appeals Tribunal had set aside the decision of the Minister, under s 501(3A) of the Migration Act 1958 (Cth), to cancel the applicant’s visa on the basis of him having been convicted and sentenced to a term of 12-months’ imprisonment – where the applicant had applied for a protection visa in the year after the Minister had cancelled mandatorily the applicant’s visa – where the review processes associated with that application had not been exhausted prior to the last cancellation decision – where the Minister’s legal representatives told the applicant that they had no instructions to seek a review of the Tribunal’s decision relating to the cancellation decision – where the applicant then withdrew his protection claim review application before the Tribunal and the Minister subsequently exercised his power under s 501BA to cancel the applicant’s visa – whether the Minister’s decision was legally unreasonable because the Minister purportedly deferred assessment of the applicant’s protection claims in circumstances where the applicant was “not free” to bring his protection application (having withdrawn it) and having identified the legal consequences of his decision as including removal or pending removal, detention, gave no weight to the applicant’s protection claims – whether the Minister’s decision was legally unreasonable when making its findings and giving its reasons with respect to the risk the applicant posed to the community – application dismissed
RAPER J - 14 May 2025

Corporations Law
Johnston (Administrator), in the matter of Machos Pty Ltd (Administrator Appointed) [2025] FCA 485
CORPORATIONS — Application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the Plaintiff (the administrator) must convene the second meeting of the creditors of the administered companies under s 439A(1) — Orders granted.
WHEATLEY J - 30 Apr 2025

Corporations Law
Queensland Teachers’ Union Health Fund Limited v Teachers Federation Health Limited, in the matter of Queensland Teachers’ Union Health Fund Limited [2025] FCA 481
CORPORATIONS – scheme of arrangement – first court hearing – application for orders convening a meeting of members to consider a proposed scheme
GOODMAN J - 12 May 2025

Migration
Neave v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2025] FCA 478
MIGRATION – application for judicial review of Minister’s decision not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – statutory duty to read, identify, understand and evaluate ‘representations’ – requirement to ‘identify’ and ‘evaluate’ substantial and clearly articulated argument – requirement to provide reasons for decision under 501G of the Act setting out findings on material questions of fact – inferring failure to perform statutory duty from reasons for decision – objective importance of information in representations to the decision to be made – centrality of information and prominence of information in representations
FEUTRILL J - 14 May 2025

Constitutional law (Cth)
Panesar v Attorney-General (Cth) [2025] FCA 477
CONSTITUTIONAL LAW – s 76(i) and s 76(ii) of the Constitution – ‘matter’ arising under the Constitution or involving its interpretation – notice under s 78B of the Judiciary Act 1903 (Cth) PRACTICE AND PROCEDURE – urgent application for declaratory relief – original jurisdiction of the Federal Court under s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – ‘matter’ arising under any laws made by Parliament – immediate legal right, duty or liability in administration of the law – justiciable controversy – practical utility of declaratory relief – relevance to admissibility of evidence in criminal proceeding in foreign country STATUTORY INTERPRETATION – incorporation of treaty into Australian municipal law – Mutual Assistance in Criminal Matters Act 1987 (Cth) subject to limitations, conditions, exceptions or qualifications found in treaty – adoption of rules of customary international law into Australian common law – sovereignty and equality of States – act of state doctrine – interpretation of statutes considered with common law principles – abrogation of common law principles – whether duty, liability or obligation imposed on foreign States under Mutual Assistance Act
FEUTRILL J - 14 May 2025

Migration
Archer v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 471
MIGRATION – Application for extension of time to lodge application for judicial review of migration decision – Extension of time granted – Application for judicial review of decision of Minister for Immigration and Multicultural Affairs, acting personally, to cancel applicant’s visa pursuant to s 501BA(2) of Migration Act 1958 (Cth) –
MCELWAINE J - 14 May 2025

Practice and Procedure
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 2) [2025] FCA 476
PRACTICE AND PROCEDURE – application by party to vary default judgment – Federal Court Rules 2011 (Cth) r 39.05
BURLEY J - 14 May 2025

Bankruptcy
Mahommed v Cox [2025] FCA 469
BANKRUPTCY AND INSOLVENCY – appeal from decision of primary judge to dismiss application for review of registrar’s decision to dismiss an application to set aside a bankruptcy notice – whether appellant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt – where judgment debt created by a costs order – appeal dismissed
MARKOVIC J - 14 May 2025

Industrial Law
Zirk-Sadowski v University of New South Wales [2025] FCAFC 64
INDUSTRIAL LAW – appeal from dismissal of application for judicial review of three decisions of the Fair Work Commission – whether decisions attended by jurisdictional error – appeal dismissed. PRACTICE AND PROCEDURE – where appellant seeks review of registrar decisions, default and summary judgment, freezing and ancillary orders, and orders addressing apprehended bias – whether bases for orders established – application dismissed.
WHEELAHAN, SNADEN AND MCELWAINE JJ - 14 May 2025

Corporations Law
One Funds Management Limited, in the matter of One Funds Management Limited [2025] FCA 475
CORPORATIONS – creditors’ scheme of arrangement – first court hearing for revised scheme – application for orders under s 411 of the Corporations Act 2001 (Cth) convening a meeting of scheme creditors – scheme is proposed as a means of resolving claims against the company – where resolution was not passed at scheme meeting for first proposed scheme – where the scheme is conditional on releases in favour of third parties – where single class of scheme creditors is proposed – where no provision for separate payment for legal costs, in contrast to first proposed scheme – where powers of attorney granted for scheme meeting, in contrast to first proposed scheme – appropriate to make orders sought
JACKMAN J - 13 May 2025

Bankruptcy
Spring (Liquidator), in the matter of Liquor Loot Operations Pty Ltd [2025] FCA 479
BANKRUPTCY AND INSOLVENCY – application for orders and directions to pool assets and liabilities of companies in liquidation – where creditors’ resolution approved the pooling determination – where priority and unsecured creditors stand to benefit from pooling – orders sought by the plaintiffs made
JACKMAN J - 13 May 2025

Bankruptcy
Paule v Kambouris [2025] FCA 474
BANKRUPTCY – Urgent interim applications to extend time for compliance with Bankruptcy Notices arising out of proceedings in the NSW Supreme Court until 4pm on the date application listed for hearing – extension of time application rejected by Judicial Registrar – application to review Judicial Registrar’s decision proposed – Notice of Appeal filed in the NSW Court of Appeal to be heard on 20 June 2025 – extension of time granted
NEEDHAM J - 5 May 2025

Corporations Law
Entama Enterprise Pty Ltd v Consystex Pty Ltd, in the matter of Consystex Pty Ltd [2025] FCA 468
CORPORATIONS – competing interlocutory applications – breakdown in relationship between equal shareholders in successful trading company – plaintiffs seek interlocutory injunctions giving both sides control over the company bank account and accounting records – defendants seek appointment of receiver and manager under s 1323 of the Corporations Act 2001 (Cth) or s 57 of the Federal Court of Australia Act 1967 (Cth) – dispute as to how bad things really are – solvent company continuing to trade profitably – disputes between the parties have not reached the point where irremediable damage to the company or its business may be caused – neither parties’ proposed solution appropriate – limited interlocutory relief will be granted
OWENS J - 12 May 2025

Industrial Law
Mbuzi v World Vision Australia [2025] FCA 466
COURTS AND JUDGES – Bias – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding – Knowledge and characteristics attributed to fair-minded lay observer – Whether logical connection established – Application dismissed
MEAGHER J - 12 May 2025

Migration
Ash v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 467
MIGRATION – application for judicial review of Administrative Appeals Tribunal decision affirming delegate decision not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) –requirement to read, identify, understand and evaluate ‘representations’ – requirement to ‘identify’ and ‘evaluate’ substantial and clearly articulated argument – requirement to comply with ministerial direction under s 499 of the Act – Direction No.99 – primary consideration of best interests of minor children in Australia – more than one minor child – requirement to give individual consideration to best interests of each minor child to the extent interests may differ – requirement, where relevant, to consider the effect of separation on child taking into account ability to maintain contact in other ways
FEUTRILL J - 12 May 2025

Corporations Law
PointsBet Holdings Limited, in the matter of PointsBet Holdings Limited [2025] FCA 463
CORPORATIONS – members’ scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff – whether statutory prerequisites satisfied – whether the Court’s discretion should be exercised to convene the meeting – held: orders made to convene a meeting of members of the plaintiff.
BENNETT J - 8 May 2025