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
Civil Penalty ;
Commissioner of the NDIS Quality and Safeguards Commission v Valmar Support Services Ltd [2025] FCA 11
CIVIL PENALTY - proceeding for civil penalty contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breaches of the National Disability Insurance Scheme Practice Guidelines and the NDIS Code of Conduct - where conduct is serious - where failures placed NDIS participants at a real and significant risk for which the consequences were fatal for one participant - whether there were mitigating factors present - whether it is appropriate for the Court to make declarations of contraventions and to impose civil penalties sought - the contraventions of ss 73J and 73V made out - the Court was satisfied that the declarations and pecuniary penalty sought were appropriate having regard to all relevant matters.
22 Jan 2025 | RAPER J
Industrial Law
Primerano v Schisan Investments Pty Ltd [2025] FCA 15
INDUSTRIAL LAW - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) on separate question - whether applicant was engaged by respondents as a national system employee within the meaning of the Fair Work Act 2009 (Cth) (FW Act) - where primary judge answered separate question "no" - where contract between the parties not recorded in writing - ascertainment of the parties' legal rights and obligations - where satisfied primary judge erred in answering separate question in the negative - appeal upheld - separate question answered "yes"
PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal and leave to appeal - application for extension of time not opposed - whether primary judgment attended with sufficient doubt and substantial injustice would result if leave were refused - where primary judgment has practical effect of being final determination of claims applicant seeks to bring under the FW Act - extension of time and leave to appeal granted
22 Jan 2025 | HALLEY J
Migration
XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 14
MIGRATION - application for judicial review of decision of the Minister for Immigration, Citizenship and Multicultural Affairs (Minister) made under s 501BA of Migration Act 1958 (Cth) to cancel applicant's visa - where Minister cancelled applicant's visa having been satisfied applicant does not pass character test and it was in national interest to do so - where Minister placed significant weight on protection of Australian community and expectations of Australian community as part of national interest consideration - whether Minister's decision unreasonable, irrational or illogical - where applicant would remain in the Australian community following cancellation of his visa as a result of High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 415 ALR 254; [2023] HCA 37 - where satisfied Minister's reasons did not lack intelligible justification - application dismissed
22 Jan 2025 | HALLEY J
