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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Migration
EOQ20 v Minister for Immigration and Multicultural Affairs [2026] FCA 1078
MIGRATION – application for extension of time and leave to appeal – decision of Federal Circuit and Family Court of Australia (Div 2) – refusal to extend time to review exercise of power by Registrar – summary dismissal of application for judicial review of decision by Administrative Appeals Tribunal – where Tribunal decided that it did not have jurisdiction to review refusal to grant protection visa – where application for review not given to Tribunal within prescribed time limit – application to extend time refused
4 Aug 2026 |  HORAN J

Administrative Law
Ardalan v Attorney General of the Commonwealth of Australia (No 2) [2026] FCA 1063
ADMINISTRATIVE LAW – application for judicial review of decision to refuse parole – whether delegate failed to have regard to argument that risk of applicant engaging in domestic violence could be ameliorated by imposition of parole conditions – whether delegate failed to have regard to argument that existence of domestic violence protection order ameliorated risk – application dismissed
6 Aug 2026 |  RANGIAH J

Practice and Procedure
Palmer v Magistrate McKenzie [2026] FCA 1080
PRACTICE AND PROCEDURE - recusal application - whether reasonable apprehension of bias - recusal application dismissed PRACTICE AND PROCEDURE - application for summary dismissal and/or dismissal - whether 'fragmentation principle' engaged in relation to related pending criminal proceedings - application granted
5 Aug 2026 |  VANDONGEN J

Migration
FBU20 v Minister for Immigration and Citizenship [2026] FCA 1076
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant protection visa – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
5 Aug 2026 |  MCDONALD J

Native Title
Metropolitan Local Aboriginal Land Council #4 v Attorney General for New South Wales [2026] FCA 1074
NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) that native title does not exist with respect to a parcel of land in New South Wales – where the applicant is prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination that no native title exists – where the application is not opposed – whether the orders proposed were within power and appropriate to make orders sought – determination made that native title does not exist in relation to the relevant area and waters
5 Aug 2026 |  RAPER J

Practice and Procedure
Berryman v NextDC Limited [2026] FCA 1065
PRACTICE AND PROCEDURE – suppression and non-publication orders – application under Pt VAA of the Federal Court of Australia Act 1976 (Cth) – public interest in open justice – respondent sought order over entire concise statement and concise response pending mediation – commercially sensitive pricing, customer and commission information – whether order necessary to prevent prejudice to the proper administration of justice – proposed order indiscriminate and not sufficiently calibrated – concise response not yet filed – order refused – liberty to seek a narrower order
28 Jul 2026 |  LEE J

Practice and Procedure
EER26 v Australian Financial Complaints Authority Limited [2026] FCA 1057
PRACTICE AND PROCEDURE – Application under s 31A of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01 of the Federal Court Rules 2011 (Cth) for summary judgment – alternatively, application to strike out the concise statement – where claim is for judicial review of determinations of the Australian Financial Complaints Authority – where Court has no jurisdiction to determine applicant’s claim – where no reasonable cause of action disclosed against respondent – proceeding summarily dismissed
5 Aug 2026 |  NESKOVCIN J

Corporations Law
Australian Income Solutions Pty Ltd v Australian Securities and Investments Commission (Reopening Application) [2026] FCA 1064
CORPORATIONS – applications under s 459G of the Corporations Act 2001 (Cth) to set aside statutory demands founded on pecuniary penalty orders – applications contingent upon reopening application – applications dismissed – unopposed extension under s 459F(2)(a)(i) to comply with statutory demands PRACTICE AND PROCEDURE – application under rr 30.21(2)(a) and 39.05(a) of the Federal Court Rules 2011 (Cth) to set aside liability orders made after trial in corporate defendants’ absence – where liability orders affirmed on appeal and application for special leave refused – where application made after subsequent judgment in related proceeding reached different conclusion on one representation – deliberate forensic choice to pursue appeal rather than reopening application – finality – delay – overarching purpose – application dismissed
24 Jul 2026 |  LEE J

Practice and Procedure
Ritter v Savills (Aust) Pty Ltd [2026] FCA 996
PRACTICE AND PROCEDURE – application to summarily dismiss the proceedings – where employee seeks declaration, damages and costs for alleged sexual harassment – respondents allege claim is an abuse of process because of delay – where alleged acts occurred between 2007 and 2019 and employee commenced complaint to the Australian Human Rights Commission in 2024 – where some employees identified as relevant to the claim are no longer employed by the respondents, cannot be located or deceased – consideration of the application of s 46PH(1)(b) of the Australian Human Rights Commission Act 1986 (Cth) to general principles of abuse of process – finding that some complaints would be unfair to put to trial due to the passage of time and should be permanently stayed – application otherwise dismissed
29 Jul 2026 |  COLVIN J