Special Leave Applications to the High Court

29 May 2026:   EET20 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 659
HALLEY J     
MIGRATION – appeal from decision of a single judge of the then Federal Circuit Court of Australia (FCCA) dismissing judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of a delegate of the Minister not to grant a protection visa to appellant – whether unfairness in the notification of the appellant of FCCA hearing – whether delay in applying for protection visa an irrelevant consideration to Tribunal’s…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused [2026] HCADisp 201

21 May 2026:   Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund [2026] FCAFC 68
LEE, HESPE AND BUTTON JJ     
SUPERANNUATION – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – fees for no service – where respondent continued to charge fees after successor fund transfer – whether charging of fees was a breach of trust – whether power existed under the trust deed to charge fees – trustee duties – whether trustee breached s 52 of the Superannuation Industry (Supervision) Act 1993 (Cth)

Status of Appeal to High Court - 10 September 2026: HCA - Special leave granted [2026] HCADisp 225

19 May 2026:   Frigger v Trenfield [2026] FCAFC 67
SNADEN, NESKOVCIN and Owens JJ     
BANKRUPTCY AND INSOLVENCY – appeal of decision not to set aside sequestration orders on the basis of fraud – appeal of decision not to annul bankruptcies – where alleged substantive or procedural irregularities in bankruptcy notice – alleged substantive or procedural irregularities found baseless – allegations of fraud found baseless – appeal dismissed COSTS – where primary judge varied costs order under rr 39.05(h), or alternatively, r 40.02 of the Federal Court Rules 2011…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused [2026] HCADisp 186

15 May 2026:   Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64
PERRY, ABRAHAM AND KENNETT JJ     (317 FCR 183)
HUMAN RIGHTS – where the respondent registered for the appellants’ women-only mobile phone application – where access was granted by AI software but then restricted upon review by an individual – where the respondent sought re-admission to the application and the appellants refused – where the primary judge made a declaration that the appellants engaged in unlawful indirect discrimination under s 5B(2) of the Sex Discrimination Act 1984 (Cth) (SDA) – where the appellants…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused with costs [2026] HCADisp 209

7 May 2026:   OS ACPM Pty Ltd v Mining and Energy Union [2026] FCAFC 59
RAPER, SHARIFF AND DOWLING JJ     
INDUSTRIAL LAW – appeal where the respondent sought below declarations as to the construction of certain clauses concerning shiftwork and public holidays in the Black Coal Mining Industry Award 2010 and the Black Coal Mining Industry Award 2020 EVIDENCE – the admissibility of evidence as to the industrial history and common understanding of the parties as an aid to construction

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused with costs [2026] HCADisp 224

20 Apr 2026:   New Aim Pty Ltd v Leung [2026] FCAFC 49
MOSHINSKY, THAWLEY AND BUTTON JJ     (316 FCR 573 ; 348 IR 313)
CONTRACT – confidentiality – where the first respondent was employed by the appellant – where the employment contract contained a clause providing that the first respondent shall not misuse confidential information of the appellant – where the contract did not contain a definition of confidential information – where the contractual obligation was equivalent to an equitable obligation of confidence – where no occasion to consider whether necessary for equity to intervene…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused with costs [2026] HCADisp 218

10 Apr 2026:   GMM18 v Minister for Immigration and Citizenship [2026] FCA 400
HESPE J     
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Protection (Class XA) (Subclass 866) visa under the Migration Act 1958 (Cth) – whether Tribunal fell into jurisdictional error in refusing to accept the appellant’s claims

Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 159

19 Mar 2026:   Bertram v Naudi [2026] FCAFC 40
PERRY, O'CALLAGHAN AND GOODMAN JJ     (315 FCR 238)
BANKRUPTCY – Jurisdiction – appeal from orders of a single judge of the Federal Court – where judge dismissed an application made by discharged bankrupt pursuant to s 90-15 of sch 2 of the Bankruptcy Act 1996 (Cth) that certain contribution assessments made by his trustee in bankruptcy pursuant to s 139W of the Bankruptcy Act 1966 (Cth) should be set aside on the basis that they were valid, void and of no effect – where bankrupt had also made a concurrent request of the…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave granted [2026] HCADisp 203

8 Apr 2026:   Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383
DOWNES J     
TRADE MARKS – whether one of two joint owners of a trade mark can apply for registration of the trade mark in own name under section 27 Trade Marks Act 1995 (Cth) – where section 28 Trade Marks Act 1995 (Cth) permits registration of trade mark by joint owners – where section 20(5) Trade Marks Act 1995 (Cth) governs exercise of statutory rights by joint owners of registered mark – where respondent applied for registration of trade mark in own name with consent of joint owner…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused [2026] HCADisp 208

23 Mar 2026:   Patel v Minister for Immigration and Citizenship [2026] FCA 348
LEE J     
MIGRATION – judicial review – application dismissed in the Federal Circuit Court of Australia – appeal from primary judge’s decision – refusal of Employer Nomination (subclass 186) visa to applicants – where employer’s nomination was refused – where requirements of cl 186.223 of Sch 2 to the Migration Regulations 1994 (Cth) were not satisfied

Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 161

27 Mar 2026:   Anderson v Stonnington City Council [2026] FCAFC 34
BANKS-SMITH, DOWLING AND MCDONALD JJ     
BANKRUPTCY AND INSOLVENCY – appeal from dismissal of application to set aside bankruptcy notice on the basis of a cross demand – where appellants alleged claims in tort against respondent Council relating to grant of heritage overlay over property – claims in tort enunciated on general and speculative level – where primary judge dismissed application on the basis that the appellants had failed to establish a prima facie cross demand and it was not just to allow the…

Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused [2026] HCADisp 127

27 Mar 2026:   Shaw v The Official Trustee in Bankruptcy [2026] FCAFC 32
PERRAM, CHEESEMAN AND MEAGHER JJ     
BANKRUPTCY AND INSOLVENCY – administration of bankrupt estate – supervisory jurisdiction of the Federal Court – application for inquiry into trustee’s conduct under Insolvency Practice Schedule (Bankruptcy) ss 90-10 and 90-15 – where broad and generalised allegations of maladministration made – whether primary judge erred in exercise of discretion by first considering whether substantial grounds warranting inquiry had been established – whether exercise of discretion to…

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused [2026] HCADisp 182

27 Mar 2026:   EUC19 v Minister for Immigration and Citizenship [2026] FCA 364
SHARIFF J     
MIGRATION – decision of delegate of Minister to refuse protection visa under s 65 of the Migration Act 1958 (Cth) – Administrative Appeals Tribunal (Tribunal) affirmed decision of Minister’s delegate – judicial review of decision of Tribunal – where primary judge affirmed decision of Tribunal – no error identified in primary judgment – appeal dismissed

Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 156

26 Mar 2026:   Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2026] FCAFC 30
MOSHINSKY, HESPE AND BUTTON JJ     (315 FCR 537)
TAXATION – appeal from the decision of the primary judge dismissing an appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) – where appellant claimed deduction for a loss under Div 230 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – whether the appellant had a “financial arrangement” as defined in s 230-45 of the ITAA 1997

Status of Appeal to High Court - 10 September 2026: HCA - Special leave refused with costs [2026] HCADisp 220

20 Mar 2026:   Wang v Minister for Immigration and Citizenship [2026] FCA 310
SARAH C DERRINGTON J     
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of the Minister not to grant the appellant a subclass 820 temporary partner visa – where sponsor withdrew her sponsorship – where Tribunal not satisfied that appellant established claim of non-judicially determined family violence – where appellant …

Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 153

17 Mar 2026:   Fair Work Ombudsman v Torrens University Australia Limited [2026] FCAFC 17
LEE J     
INDUSTRIAL LAW – review of compliance notice issued pursuant to s 716(2) of Fair Work Act 2009 (Cth) – interpretation of Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – Academic Staff – Award 2020 (Awards) – construction of “associated working time” in hourly payment rates for lecturing by casual academics in Awards – where associated working time compensates lecture delivery together with the limited body of work associated with that…

Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 169

9 Mar 2026:   Archer v Minister for Immigration and Citizenship [2026] FCAFC 20
BROMWICH, THAWLEY AND KENNETT JJ     
MIGRATION – whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time – where point has been decided in Minister for Immigration and Multicultural Affairs v XMBQ [2026] FCAFC 19 – held: no implied temporal limitation on the power in s 501BA(2) MIGRATION – whether Minister’s exercise of power in s 501BA(2) of the Migration Act was unreasonable – where appellant was convicted of an…

Status of Appeal to High Court - 6 August 2026: HCA - Special leave granted [2026] HCADisp 165

9 Mar 2026:   Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19
BROMWICH, THAWLEY AND KENNETT JJ     (315 FCR 207)
ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences – where the respondent’s visa was cancelled – where the then Administrative Appeals Tribunal (the Tribunal) decided to revoke a decision to cancel the respondent’s visa – where the respondent’s visa was cancelled by the Minister exercising…

Status of Appeal to High Court - 6 August 2026: HCA - Special leave granted [2026] HCADisp 164

17 Feb 2026:   Frigger v Professional Services of Australia Pty Ltd [2026] FCAFC 9
SNADEN, O'SULLIVAN AND NESKOVCIN JJ     
CORPORATIONS – appeal from decision to dismiss application to remove company from register under s 1322(4)(b) of the Corporations Act 2001 (Cth) – where company registered on 5 June 1998 under Pt 2.2 of the Corporations Law (WA) 1990 – whether primary judge erred in finding company validly registered notwithstanding assumed non-compliance with requirements for the memorandum of association – whether certificate of registration of company conclusive evidence of registration – …

Status of Appeal to High Court - 7 May 2026: HCA - Special leave refused [2026] HCADisp 108

17 Feb 2026:   Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10
MCELWAINE, FEUTRILL AND WHEATLEY JJ     (314 FCR 504)
TAXATION – appeal – objection to amended assessments disallowing deductions and imposing administrative penalties – deductions claimed to be service fees paid under contracts for use of related party trust assets – contract inferred from conduct – no objective manifestation of mutual assent to contract on certain terms between taxpayers and related party – no conduct consistent with liability to pay claimed service fees

Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused with costs [2026] HCADisp 140

12 Feb 2026:   Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCAFC 7
MOSHINSKY, SARAH C DERRINGTON AND HILL JJ     (314 FCR 534)
NATIVE TITLE – future act regime – right to negotiate – expedited procedure – where the Government party gave notices pursuant to s 29 of the Native Title Act 1993 (Cth) (NTA) of proposed grants of exploration licences – where each notice included a statement as referred to in s 29(7) of the NTA that the Government party considered that the act was an act attracting the expedited procedure – where native title parties applied for judicial review of alleged decision of the…

Status of Appeal to High Court - 11 June 2026: HCA - Special leave granted [2026] HCADisp 143

11 Feb 2026:   Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 6
CHARLESWORTH, KYROU AND NESKOVCIN JJ     (315 FCR 159)
MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether Minister misunderstood or misapplied national interest – whether national interest requires conduct in question to have a national element – circumstances in which Minister required to inquire and obtain up to date information – relevance of expectations of Australian community – role of proportionality in assessment of national interest

Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused with costs [2026] HCADisp 146

23 Jan 2026:   Roberts v Magistrate Gett [2026] FCAFC 3
BROMWICH, ABRAHAM AND VANDONGEN JJ     (314 FCR 354)
PRACTICE AND PROCEDURE - appeals - whether appeal moot CRIMINAL LAW - appeal against dismissal of application for judicial review of decision to order forensic procedure - whether substantive grounds of review before primary judge established - whether Deputy Chief Magistrate misapplied s 23WT of the Crimes Act 1914 (Cth) - whether Deputy Chief Magistrate failed to afford procedural fairness - no error established - appeal dismissed

Status of Appeal to High Court - 7 May 2026: HCA - Special leave refused with costs [2026] HCADisp 113