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
Corporations Law
Kanik, in the matter of ThinkRed Recruitment Central Pty Ltd v Swan Elope Pty Ltd [2025] FCA 462
CORPORATIONS – Winding up – Just and equitable grounds – Two-shareholder company – Deadlock between shareholders – Orders made winding up
9 May 2025
| WHEATLEY J
Taxation
Charles Apartments Pty Limited v Commissioner of Taxation [2025] FCA 461
TAXATION — Statutory construction - Income Tax Assessment Act 1997 (Cth) (ITAA 1997) – Appeal from Administrative Appeals Tribunal on a question of law, varying an objection decision in part – Whether the Tribunal correctly construed s 8-1 of the ITAA 1997 — Whether the Tribunal erred in not allowing an increase in the Applicant’s allowable deduction for interest for the same amount as the increase in the Applicant’s assessable income, described as ‘consequential step’ — Whether the Applicant limited its case before the Tribunal – Appeal dismissed. TAXATION — Statutory construction — ITAA 1997 – Whether the Tribunal correctly construed s 8-1 of the ITAA 1997 — Whether the Tribunal applied in error a “but for” test in construing s 8-1 of the ITAA 1997 rather than the nexus test – Cross-appeal allowed ADMINISTRATIVE LAW — procedural fairness – Whether the Tribunal failed to afford either party an opportunity to be heard — Whether the Tribunal failed to provide an opportunity to the Applicant to address an issue and whether that issue was an obvious or natural evaluation from the known material – Whether the Tribunal failed to provide the Commissioner with an opportunity to be heard on the “but For” test — Appeal dismissed — Cross-appeal allowed.
9 May 2025
| WHEATLEY J
Practice and Procedure
Deputy Commissioner of Taxation v Peever [2025] FCA 460
PRACTICE AND PROCEDURE — Principle of open justice – Suppression or non-publication order – Where a non-party request was made by the media under r 2.32 of the Federal Court Rules 2011 (Cth) – Access was sought to submissions — Whether order necessary to prevent prejudice to the proper administration of justice — Federal Court of Australia Act 1976 (Cth), Part VAA, ss 37AE, 37AF, 37AG and 37AJ — non-publication order made, in part.
9 May 2025
| WHEATLEY J
Discovery
Zulic v CMC Markets Asia Pacific Pty Ltd (No 3) [2025] FCA 464
DISCOVERY – representative proceedings – impugned practices concerning online trading of contracts for difference and binaries – application for further discovery orders – whether making further discovery orders will facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible – whether categories sought are relevant to pleaded issues – whether burden of compliance with discovery orders outweighs probative value of documents sought – discovery ordered in part
9 May 2025
| JACKMAN J
Administrative Law
Disability and Healthcare Support Pty Ltd v National Disability Insurance Agency [2025] FCA 465
ADMINISTRATIVE LAW – Judicial review – Whether unreasonable delay CONSTITUTIONAL LAW – Constitutional writ – Mandamus PRACTICE AND PROCEDURE – Judgements and orders – Consent orders
9 May 2025
| MEAGHER J
Practice and Procedure
FZR24 v Commonwealth of Australia (No 1) [2025] FCA 450
PRACTICE AND PROCEDURE — application for leave to join four additional parties to representative proceedings — unique procedural history — whether facts common to both additional parties and the claimants are sufficient for the purposes of ss 33C and 33H of the Federal Court of Australia Act 1976 (Cth) — whether potential for multiplicity of proceedings is reduced by joinder of additional parties — application refused
6 May 2025
| O'SULLIVAN J
Practice and Procedure
SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd (Discovery) [2025] FCA 459
PRACTICE AND PROCEDURE – Application for discovery of documents alleged to be subject to legal privilege – whether sufficient evidence that documents satisfy dominant purpose test – whether the Court should inspect relevant documents or a sub-set thereof to determine privilege claim – principles of efficient case management. PRACTICE AND PROCEDURE – Discovery of documents said to underly opinions created as conditions precedent allegedly subject to a joint privilege – whether such a joint privilege arises – where agreement explicitly precludes the creation of a solicitor/client relationship – where parties are better characterised as counterparties to an agreement. PRACTICE AND PROCEDURE – Discovery of documents – where documents traversed in affidavits and exhibits are said to give rise to relevancy – whether underlying documents are relevant on the pleadings – consideration of Federal Court Rules 2011 (Cth) r 20.14 – requirement for direct relevance.
8 May 2025
| NEEDHAM J
Practice and Procedure
Wear v Montere E-College Pty Ltd [2025] FCA 434
PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where the respondent has not participated in the proceeding or indicated any intention to defend claim – where applicant has sufficiently pleaded claim – application granted
8 May 2025
| RANGIAH J
