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

Migration
BSU15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 50
MIGRATION - whether decision by Administrative Appeals Tribunal to dismiss application for review pursuant to s 426A(1A)(b) of the Migration Act 1958 (Cth) was affected by jurisdictional error - whether primary judge's decision holding that no such error was established was correct
03 Feb 2023 |  NICHOLAS J


Migration
EPU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 49
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant a Protection (Subclass 866) visa - where appellant claimed to fear persecution if returned to his country from money lenders - where appellant is a Malaysian citizen - where the Tribunal formed an adverse view of the appellant's credibility - where Federal Circuit and Family Court of Australia (Division 2) was satisfied findings were open to the Tribunal - no jurisdictional error on the part of the Tribunal or the Court below - appeal dismissed
03 Feb 2023 |  MCEVOY J


Corporations Law
Sydney Subdivision Pty Ltd (in liq) v Chow (No 2) [2023] FCA 54

03 Feb 2023 |  COLVIN J


Migration
CUO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 53
MIGRATION - application for extension of time to appeal from decision of Federal Circuit Court of Australia - whether applicant gave adequate reasons for applicant's delay and whether any arguable basis for proposed appeal - whether Authority failed to give proper, genuine and realistic consideration to applicant's arguments - Held: application for extension of time dismissed with costs.
30 Jan 2023 |  RARES J


Costs
Hanson v Burston (No 2) [2023] FCA 41
COSTS - where question of costs arises from an interlocutory application brought by the respondent for strike out and/or summary dismissal of the applicant's Originating Application and Amended Points of Claim - where the respondent received partial but substantial success in obtaining judgment in the interlocutory application - Held: the applicant pay 75% of his costs of and incidental to the interlocutory application
03 Feb 2023 |  BROMWICH J


Practice and Procedure ; Migration
CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1604
PRACTICE AND PROCEDURE - application for an extension of time and leave to appeal from decision of the then Federal Circuit Court (Circuit Court) to refuse to set aside an order dismissing proceeding on the basis of applicant's failure to attend hearing - where applicant missed prescribed time limit to appeal from Circuit Court by a matter of days - where applicant provided explanation for failing to attend hearing - where Circuit Court determined that applicant's grounds of review of decision of the Administrative Appeals Tribunal (Tribunal) did not enjoy sufficient prospects of success - whether appeal enjoyed sufficient prospects of success to warrant grant of leave to appeal - where alleged error in the Tribunal's decision expressed with such generality to be devoid of meaningful content - where applicant foreshadowed filing further evidence demonstrating error in orders of Circuit Court - where no further evidence filed - appeal did not enjoy sufficient prospects of success to warrant grant of leave - application dismissed
23 Nov 2022 |  LOGAN J


Migration
CJB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 44
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant the appellant a protection visa -application for leave to appeal on a ground not raised before the primary judge - where appellant alleged a mistranslation during the protection visa interview and that this mistranslation resulted in the IAA's decision being affected by a jurisdictional error - appeal dismissed
03 Feb 2023 |  BURLEY J


Migration
Aghbolagh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 43
MIGRATION - judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) - whether Tribunal misconstrued meaning of 'independent and authoritative information' in Ministerial Direction No 90 - whether applicant not afforded procedural fairness in relation to police records - whether Tribunal misconstrued the relationship between the applicant and his minor child - application dismissed
03 Feb 2023 |  BURLEY J


Costs ; Corporations Law
PlayUp Limited v Mintas (No 2) [2023] FCA 52
COSTS - application for indemnity costs - whether the defendant's rejection of an offer was unreasonable - application dismissed
03 Feb 2023 |  MARKOVIC J


 

 

 


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