Latest Judgments

Judgments are generally published within 24 hours of being made available by Judges' staff, often earlier. In cases of high media interest, we endeavour to publish judgments within 1 hour of being delivered by the Court.

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Practice and Procedure
Karas v LK Law Pty LTD (Stay of judgment) [2026] FCA 807
PRACTICE AND PROCEDURE – application for stay of judgment pending appeal – where primary judge had granted a stay with conditions – where appellant unable to meet judgment sum – whether grounds of appeal are arguable – whether undertaking by appellant sufficient to secure judgment debt – whether balance of convenience favours granting of a stay
24 Jun 2026 |  PERRAM J

Corporations Law
Roufeil, in the matter of Roufeil [2026] FCA 816
CORPORATIONS – application under s 473A of the Corporations Act 2001 (Cth) to fill a vacancy in the office of liquidator appointed by the Court – current liquidator retiring – replacement with liquidators of the same firm – application approved BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a registered trustee – application under s 30 of the Bankruptcy Act to appoint the second and third plaintiff as joint and several trustees of relevant bankrupt estates or to continue as trustees of relevant bankrupt estates – resignation accepted and appointment made
24 Jun 2026 |  NEEDHAM J

Practice and Procedure
GTO26 by their litigation representative GTS26 v Board of Trustees of the Brisbane Grammar School (operating as Brisbane Grammar School) [2026] FCA 809
PRACTICE AND PROCEDURE – Application for suppression and non-publication orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) – Where interim suppression order was made under s 37AI of the Federal Court of Australia Act 1976 (Cth) – Where parties consent to the making of a pseudonym order under s 37AF on the ground stated in s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – Where pseudonym sought to protect identity of children except for the parents of the Applicant – Whether order necessary to prevent prejudice to the proper administration of justice – Appropriate duration of order.
24 Jun 2026 |  LONGBOTTOM J

Practice and Procedure
Rowles v Repatriation Commission (Department of Veterans’ Affairs) (No 2) [2026] FCA 797
PRACTICE AND PROCEDURE – application for determination of substantive proceeding on the papers without an oral hearing – whether requirements of s 20A of the Federal Court of Australia Act 1976 (Cth) are met – where applicant is self-represented and claims to be affected by hearing loss and tinnitus – where applicant submits material facts are uncontested and that issues arising from existing documentary record are capable of determination on the papers – where first respondent submits it is unclear how all the material could be relevant to originating application – where first respondent does not object to on the papers determination as long as additional procedural steps are provided for to assist with prevailing uncertainty – premature to make any order that substantive proceeding be determined on the papers
24 Jun 2026 |  RANGIAH J

Bankruptcy
Field (Trustee) v Spencer (No 2) [2026] FCA 801
BANKRUPTCY – application by trustee for approval of remuneration – where trustee's remuneration fixed by creditors – where sale of bankrupt's home occurred six years after sequestration order – where trustee made inquiries into bankrupt's income but did not perform income contribution assessment until four years after sequestration order - consideration of the Court's supervisory jurisdiction over the remuneration of trustees under s 90-15 of the Insolvency Practice Schedule (Bankruptcy) – consideration of whether the trustee's delay in arranging the sale of bankrupt's home was justified – finding that part only of the amount claimed by the trustee by way of remuneration should be approved
24 Jun 2026 |  COLVIN J

Privilege
Cayzer v Phoslock Environmental Technologies Ltd (Privilege Dispute) [2026] FCA 800
PRIVILEGE – legal professional privilege – third party reports – investigations into whistleblower allegations –common law principles – whether reports and related documents were created, commissioned or obtained for the dominant purpose of providing legal advice
24 Jun 2026 |  STEWART J

Industrial Law
Construction, Forestry and Maritime Employees Union v GC Crane Hire Pty Ltd as Trustee for GA Caelli Discretionary Trust [2026] FCA 793
INDUSTRIAL LAW – application for statutory compensation pursuant to provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – respondent alleged to have contravened an applicable enterprise agreement (and thereby s 50 of the FW Act) in failing to afford entitlements to two of its employees both during and upon termination of employment – where certain contraventions admitted, and some of them remediated, prior to hearing – where remaining disputed contraventions largely involved questions of the interpretation and validity of clauses in the enterprise agreement (the “EA”) – where EA provides for multiple forms of notice of termination as well as (via employer contributions to industry fund) severance pay – where EA incorporates award entitlement to payment of accrued personal/carer’s leave upon termination and also provides for contributions to industry fund in respect of portable sick leave entitlements – whether entitlements in those categories are cumulative – whether respondent decision to dismiss employees by reason of redundancy relevantly a “major workplace change” in respect of which it was required to consult – where EA provides for entitlement to paid time if a former employee is left waiting for “accrued entitlements and other wages owing” – whether “waiting time” entitlement applies only to final pay or also historic underpayments – whether “waiting time” clause pertains to the employment relationship and/or is repugnant to the penalty scheme erected by the provisions of the FW Act – whether contravening conduct involving underpayments also contravened s 323(1) of the FW Act – whether failure to provide pay in lieu of notice of redundancy constituted a serious contravention within the meaning of s 557A of the FW Act – quantum of loss arising from proved contraventions – compensation and interest awarded
24 Jun 2026 |  SNADEN J

Bankruptcy and Insolvency
Garlick v KALX Capital Securities Pty Ltd [2026] FCA 808
BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice dismissed by judicial registrar – whether claim to money paid into Court constitutes a cross-demand within section 40(1)(g) Bankruptcy Act 1966 (Cth) – application dismissed with costs
24 Jun 2026 |  DOWNES J

Practice and Procedure
Wei v Robba (Trustee), in the matter of Zhu (Bankrupt) [2026] FCA 802
PRACTICE AND PROCEDURE – application for freezing orders – where applicant’s case difficult to discern from material – whether applicant had established risk of dissipation – whether balance of convenience favoured the making of freezing orders – application for freezing orders dismissed
23 Jun 2026 |  MEAGHER J