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.

If you cannot find a judgment, check Federal Law Search; it will  tell you the status of the matter before the Court, including whether a judgment has been delivered.



Today's published judgments

Native Title
Rainbow on behalf of the Kurtjar People v State of Queensland (No 2) [2021] FCA 1251
NATIVE TITLE -- application under s 225 of Native Title Act 1993 (Cth) for determination of non-exclusive native title over land and waters in disputed portion of claim area - whether continuity of claimant group connection since sovereignty with land and waters of disputed portion by acknowledgement of traditional laws and observance of traditional customs - where uncertainty whether claimant group or other now extinct group(s) in possession of disputed portion at sovereignty - whether claimant group succeeded to or had transmitted native title rights and interests of extinct group(s) - whether extinct and claimant groups part of overarching society at sovereignty that had sufficient common traditional laws and customs - whether necessary to prove actual process or other facts to establish licit succession of incoming claimant group to native title rights and interests of extinct group(s) - whether sufficient spiritual correspondence between traditional laws and customs of extinct and claimant groups, as members of broader overarching society - where experts disagreed on indicia of process of licit succession - where claimant group confident in their connection to country and ability to manage its spiritual dangers - Held: licit succession manifested when incoming group able to deal with spirituality of the country, including actual or postulated spiritual dangers, according to traditional laws and customs - applicant has, by transmission, non-exclusive native title rights and interests over whole claim area. NATIVE TITLE - where applicant claimed right to access natural resources and take, use, share and exchange resources for any purpose - whether expression of right to take resources in determination of native title under s 225 of Act should include limitations on exercise of enjoyment of right provided for in traditional laws and customs, such as requirement not to exploit resources for personal financial gain - Held: appropriate to express non-exclusive right as right to access and take resources in claim area for any purpose.
15 Oct 2021 |  RARES J


Practice and Procedure ; Discovery
Kandola v Google LLC [2021] FCA 1262
PRACTICE AND PROCEDURE - application for leave to serve originating application on first prospective respondent seeking preliminary discovery out of jurisdiction pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) - where prospective applicants also seek orders for substituted service by email due to delays arising from COVID-19 pandemic - whether the proceedings are of the kind stipulated by the rules - whether requirements of rr 10.42 and 10.43 have been met - whether the prospective applicants have a prima facie case for all or any of the relief claimed - whether substituted service ought to be granted - Held: leave granted to serve first prospective respondent outside of jurisdiction - orders for substituted service refused. PRACTICE AND PROCEDURE - application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) - where prospective second respondent neither consents nor opposes to the making of an order for preliminary discovery against it - where the only issue to address is costs pursuant to r 7.29 of the rules - timetabling orders made in respect of costs and preliminary discovery against the prospective second respondent.
14 Oct 2021 |  CHEESEMAN J


Migration
DCI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1261
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision to refuse appellant's visa application - where no appearance by appellant - application by Minister to dismiss appeal for failure to attend - where numerous attempts made to notify appellant of listing date with no response - where grounds of appeal unparticularised - appeal dismissed
15 Oct 2021 |  COLVIN J


Corporations Law
Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 8) [2021] FCA 1260
CORPORATIONS - administration - where issues raised as to validity of resolution to appoint administrators to group of seven companies - where administrators sought relief under s 447A of the Corporations Act 2001 (Cth) - where orders as to appointment of administrators previously made as to five of the companies - where defendant no longer opposes relief sought by administrators as to appointment to remaining companies - where defendant discontinued related proceedings against administrators - consideration of matters relevant to exercise of discretion - orders made
08 Oct 2021 |  BANKS-SMITH J


Bankruptcy ; Practice and Procedure
Bettles as trustee of the bankrupt estate of Bruce v Bruce [2021] FCA 1248
PRACTICE AND PROCEDURE - application to withdraw admission of disclaimer - explanation for application to withdraw admission - application to join new respondent parties - application to amend statement of claim and originating application - principles in Brady v Stapleton (1952) 88 CLR 322; [1952] HCA 62 - standard of evidence in interlocutory hearings - limitation defences - principles in Ethicon Sarl v Gill ([2018)] 264 FCR 394; [2018] FCAFC 137 - costs
15 Oct 2021 |  COLLIER J


Evidence
Anglo American Investments Pty Ltd v Commissioner of Taxation [2021] FCA 1253
EVIDENCE - application for leave to appeal primary judge's decision to allow re-opening of case for further cross-examination of key witness - proposed tender of a certificate of conviction for the purpose of cross-examination on credibility - whether certificate of conviction is inadmissible by reason of s 91 of the Evidence Act 1995 (Cth) - where the exception in s 92(2) does not apply because the witness is not a party to the proceedings - whether the facts sought to be proved by the certificate are facts that were in issue in the criminal proceeding - operation of s 91, 92 and 178 of the Evidence Act
14 Oct 2021 |  MCKERRACHER J


Migration
EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1252
MIGRATION - judicial review of Administrative Appeals Tribunal decision under s 501CA(4) of the Migration Act 1958 (Cth) to not revoke delegate's visa cancellation decision under s 501(3A) - where Tribunal incorrectly recorded date of two common assault convictions - error typographical in nature - application dismissed
15 Oct 2021 |  BURLEY J


Administrative Law ; Costs
Freedom Pharmaceutical Pty Ltd v Minister for Health (No 2) [2021] FCA 1250
COSTS - appropriate orders as to costs - where applicant unsuccessful in applying for judicial review of Minister's decision under s 90A(2) of the National Health Act 1953 (Cth) to approve the supply of pharmaceutical benefits at a premises operated by second respondent - where second respondent filed a submitting notice - where Minister opposed application - whether principle in R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 disentitles Minister from order for costs following the event - applicant to pay Minister's costs
15 Oct 2021 |  BURLEY J


Corporations Law
Primary Securities Ltd (Trustee), in the matter of Baker Partners Founders Fund [2021] FCA 1247
CORPORATIONS - application by trustee of managed investment scheme for orders winding up class of investment scheme and unit trust - application for judicial advice that trustee justified in commencing and prosecuting proceedings against insurer and refraining from prosecuting existing arbitral proceedings - where units in class invested in shares in specified fund - where investment suffered substantial loss - where trustee alleges fund and director of fund responsible for loss - where trustee commenced arbitral proceedings against fund and director - where trustee found no evidence that fund and director have assets to satisfy arbitral award - whether appropriate for orders winding up scheme - application for judicial advice granted - application otherwise dismissed
14 Oct 2021 |  COLVIN J


Corporations Law
MCL Pty Ltd v The Agency Group Australia Ltd (No 3) [2021] FCA 1241
CORPORATIONS - cross-claim for enforcement of payment of fees and interest under terms of agreement - where parties entered into agreement for cross-claimant to advance finance to cross-respondent - where agreement provides for payment of fees by borrower in circumstances of withdrawal from agreement - where no funds advanced by cross-claimant - whether cross-claimant exercised contractual right to withdraw from agreement on basis of due diligence issues or breach of exclusivity provision by cross-respondent - whether exercise of contractual right to withdraw triggers liability for payment of fees by borrower - alternatively whether liability for payment as to one type of fee arose upon entry into agreement - whether agreement void by reason of mutual abandonment of agreement - application allowed to limited extent
14 Oct 2021 |  COLVIN J