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

Taxation
Buzadzic v Commissioner of Taxation [2024] FCAFC 50
TAXATION - where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation's decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall interest charges - no error on the part of the primary judge established - leave refused to run an additional ground of appeal not run before the primary judge - appeal dismissed with costs
17 Apr 2024 |  BROMWICH, ABRAHAM AND MCEVOY JJ


Corporations Law
Ogbonna v CIT Logistics Ltd (No 2) [2024] FCA 383

28 Mar 2024 |  FEUTRILL J


Corporations Law
Primary Securities Ltd as Trustee of the Baker Partners Founders Fund v Warburton [2024] FCA 382
CORPORATIONS - application for directions by trustee - whether trustee justified in continuing or commencing proceeding against certain respondents and discontinuing proceeding against other respondents - claims for alleged receipt of misappropriated property - commercial trustee - opinion of counsel tendered - directions given
17 Apr 2024 |  JACKSON J


Civil Penalty ; Administrative Law
Commissioner of the NDIS Quality and Safeguards Commission v LiveBetter Services Ltd [2024] FCA 374
CIVIL PENALTY - proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breaches of the NDIS Practice Guidelines and the NDIS Code of Conduct - where conduct serious - where failures placed NDIS participant at a real and significant risk for which the consequences were fatal - whether there were mitigating factors present - whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought. HELD: the contraventions of ss 73J and 73V were made out - the Court was satisfied that the declarations and pecuniary penalty sought was appropriate having regard to all relevant matters.
17 Apr 2024 |  RAPER J


Corporations Law
Australian Securities and Investments Commission v Blumenthal [2024] FCA 384
CORPORATIONS - where parties jointly seek agreed declarations and penalty orders in relation to admitted contraventions of the Corporations Act 2001 (Cth) - where contravening conduct concerned breaches by the defendant of his directors' duties and provision preventing a person from creating a false or misleading appearance of active trading - where disqualification and pecuniary penalty sought - where contravening conduct serious - where application made for leave pursuant to s 206G of the Corporations Act for disqualified person to manage particular corporations - where suitable limitations proposed with respect to such leave
12 Apr 2024 |  STEWART J


Costs ; Corporations Law
Mentha v Australian Securities and Investments Commission (Costs) [2024] FCA 375
COSTS - where proceedings dismissed by consent with no hearing on the merits - whether Respondents "in substance surrendered or capitulated" - whether Applicants entitled to costs of the proceeding - whether Respondents' conduct following judgment delivery in related proceedings unreasonable - whether Applicants entitled to indemnity costs - application dismissed
16 Apr 2024 |  BUTTON J


 

 

 

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