Browse Federal Court Judgments

Consumer Law
Australian Securities and Investments Commission v Green County Pty Ltd [2025] FCA 367
CONSUMER LAW – alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and National Credit Code (Code) – where first and second respondents engaged in “credit activity” associated with the provision of credit to small business borrowers – where credit was provided to two consumers who asserted that they were establishing small businesses – application of the Code to the circumstances of those two consumers – examination of divergent judicial views as to the operation of s 5(1)(b) of the Code – whether first and second respondents engaged in credit activity without a licence – whether credit provided for wholly or predominantly domestic, household or personal purposes – operation of statutory presumptions in s 13 of the Code – whether “business purpose declarations” effective – making of “reasonable inquiries” – whether “reasonable inquiries” would have disclosed the true loan purpose – whether the two consumers had entered into multiple contracts or single contract – where resolution of the question of the number of contracts is dependent on identification of the relevant contract(s) under which debt is deferred – contraventions established in most part subject to hearing from the parties as to the application of s 183 of the NCCP Act CORPORATIONS – alleged contraventions of director’s duty of care and diligence under s 180(1) of the Corporations Act – where third respondent a director of first respondent and officer of second respondent – where it is alleged that policies, procedures and systems did not accord with a “Required Framework” and “Minimum Arrangements” based on the opinions of an expert – limited weight to be given to expert’s opinions – whether essential elements of risk calculus established – essential aspects of the pleaded case not established
SHARIFF J - 15 Apr 2025

Administrative Law
AMO25 v Administrative Review Tribunal [2025] FCA 365
ADMINISTRATIVE LAW – Appeal from Administrative Review Tribunal (Tribunal) under s 172 of Administrative Review Tribunal Act 2024 (Cth) in relation to assessment of child support under Child Support (Assessment) Act 1989 (Cth) – whether Tribunal made error of law – whether Tribunal applied the correct statutory construction – Where decision of the President of the Tribunal refusing referral to the Guidance and Appeals Panel – appeal allowed FAMILY LAW AND CHILD WELFARE — Where s 117(2)(b)(ii) of the Child Support (Assessment) Act 1989 (Cth) allows for variation of child support payment assessments when a child is not educated in a manner expected by his or her parents – Whether that expectation by the parents required agreement – Where the Applicant appealed against the decision of the Tribunal for an error of law
WHEATLEY J - 12 Mar 2025

Migration
Moli v Minister for Immigration and Multicultural Affairs [2025] FCA 350
MIGRATION - application for judicial review of Minister's decision under s 501BA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in relation to formation of Minister's satisfaction that cancellation of applicant's visa was in the national interest - where grounds of review included failing to consider findings in parole assessment, failing to properly consider sentencing remarks and acting upon an erroneous view as to the scope of what may be considered to be in the national interest - consideration of statutory context, extrinsic materials and legislative history of s 501BA - consideration of authorities concerning s 501BA and 'national interest' - whether Minister's decision was unreasonable, irrational or illogical - jurisdictional error not established - application dismissed
COLVIN J - 15 Apr 2025

Migration
Ibardaloza v Minister for Immigration and Multicultural Affairs [2025] FCA 356
MIGRATION - application for judicial review of Minister's decision under s 501BA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in relation to Minister's satisfaction that cancellation of applicant's visa was in the national interest - where grounds of review alleged Minister did not adequately consider certain probative material, failed to undertake the deliberative task and had no rational basis to conclude cancellation was in the national interest due to a lack of 'exceptionality' in the circumstances of the case - jurisdictional error not established - application dismissed
COLVIN J - 15 Apr 2025

Administrative Law
Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2025] FCAFC 54
ADMINISTRATIVE LAW – proper construction of s 10(3)(c) of National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) (National Health Rules) – whether development approval under Planning Act 2016 (Qld) is required to be in effect for Australian Community Pharmacy Authority (ACPA) to make recommendation to Secretary of Department of Health and Aged Care (Secretary) – whether ACPA required to engage with local government and State or Territory planning laws – whether institution of appeal of development approval means premises unable to be used for operation of pharmacy “at all relevant times” – whether recommendation of ACPA only possible in relation to physical premises – whether “proposed premises” means physical premises – whether measurement between two premises requires existence of two physical premises – s 8 and sch 1, pt 2, item 130 of National Health Rules – appeal dismissed
COLLIER ACJ, ROFE AND HORAN JJ - 15 Apr 2025

Practice and Procedure
Australian Agrivision Pty Ltd v Wolstenholme (Stay) [2025] FCA 364
PRACTICE AND PROCEDURE – where second respondent seeks stay of the proceeding – where second respondent alleges substantial overlap with a proceeding involving himself and his ex-de facto partner in the Federal Circuit and Family Court of Australia (Division 1) – where this proceeding is further said to have been initiated as leverage vis-à-vis the family law proceeding and thus an abuse of process
STEWART J - 14 Apr 2025

Industrial Law
Cacciola v Serco Australia Pty Ltd [2025] FCA 361
EMPLOYMENT AND INDUSTRIAL RELATIONS - appeal from decision of Industrial Magistrates Court of Western Australia - alleged contraventions of enterprise agreement by underpayment - alleged contraventions of s 50 and s 323(1) of the Fair Work Act 2009 (Cth) - interpretation of enterprise agreement - application for extension of time allowed - appeal dismissed
VANDONGEN J - 14 Apr 2025

Criminal law
Roberts v Magistrate Gett [2025] FCA 360
CRIMINAL LAW – judicial review of a decision of magistrate to issue a forensic procedure order – fragmentation of criminal proceedings – application dismissed
DOWNES J - 14 Apr 2025

Corporations Law
Australian Securities and Investments Commission v Falcon Capital Limited [2025] FCA 359
CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down – where the company put forward a “wind down plan” as an alternative to winding up – held: order made to wind up the company CORPORATIONS – application by ASIC for the appointment of a receiver to the property of the second defendant, a director of a company, pursuant to s 1323 of the Corporations Act 2001 (Cth) – where the application was not opposed – held: order made for the appointment of receiver
MOSHINSKY J - 9 Apr 2025

Costs
Malone on behalf of the Western Kangoulu People v State of Queensland (No 5) [2025] FCA 353
COSTS – where application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (Native Title Act) dismissed – application for indemnity costs order against joinder applicant pursuant to s 85A(2) of the Native Title Act – Court’s discretion to award costs in Native Title proceedings – where conduct of joinder applicant unreasonable in the circumstances of the case –
O'BRYAN J - 14 Apr 2025

Consumer Law
Australian Competition and Consumer Commission v Clorox Australia Pty Limited [2025] FCA 357
CONSUMER LAW – alleged contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – where representations made that kitchen tidy bags and garbage bags were made of 50% recycled plastic waste collected from the ocean or sea, when that was not the case – where parties jointly proposed agreed declarations of contravention, a pecuniary penalty and corrective advertising notice – whether relief sought is appropriate in all the circumstances – relief granted in the form proposed
NESKOVCIN J - 14 Apr 2025

Costs
Malone v B&M Aboriginal Corporation (In Administration) (No 2) [2025] FCAFC 51
COSTS – appeal from orders made in an interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) concerning payments required to be made under an Indigenous Land Use Agreement (ILUA) by a petroleum exploration and production company to a nominated entity established for the benefit of families comprising native title claim group – where successful appellants were members of one of the families comprising the native title group – where respondent company is insolvent and in administration and unable to satisfy an order for costs – whether s 85A of the Native Title Act 1993 (Cth) is applicable to the appeal – whether non-party costs order should be made against the directors of the respondent company who resolved to place the respondent into administration, the lawyer who purported to represent the respondent in the proceeding up until the appointment of the administrator, or the administrator of the respondent – relevant principles – indemnity costs awarded in favour of the appellants to be paid out of the funds in Court held for the benefit of the family of which the appellants were members
O'BRYAN, HALLEY AND HORAN J - 11 Apr 2025

Costs
Copeland (liquidator) v Odeesh, in the matter of FBF Transport Pty Ltd (in liq) (No 3) [2025] FCA 352
COSTS – where the Liquidator seeks costs on an indemnity basis and that costs be payable as a lump-sum to be determined by a Registrar as referee –interlocutory relief obviated need to press any final relief - consideration of the circumstances in which it is appropriate to make a costs order where there has been no final hearing or determination of the merits – where Defendant engaged in a persistent pattern of non-cooperation and evasion – where the Defendant’s conduct effectively compelled the commencement of proceedings – Defendant’s consistent failure to comply with Court orders causing delay and unnecessary costs – costs awarded on an indemnity basis
WIGNEY J - 11 Apr 2025

Copyright
Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – appeal dismissed
CHEESEMAN, JACKMAN AND OWENS JJ - 10 Apr 2025

Practice and Procedure
Sandilands v Registrar Parkyn [2025] FCA 358
PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from decision of this Court dismissing applicant’s earlier application for an extension of time within which to institute proceedings in this Court – application dismissed
WIGNEY J - 11 Apr 2025

Bankruptcy
IREN Ltd v PricewaterhouseCoopers Inc in its capacity as foreign representative of IE CA 3 Holdings Ltd [2025] FCAFC 52
BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s conclusion that recognition was not contrary to public policy within meaning of Art 6 of Model Law – whether sufficient doubt as to primary judge’s conclusion on meaning of “necessary” within Art 21 of Model Law
SARAH C DERRINGTON, STEWART and FEUTRILL JJ - 11 Apr 2025

Practice and Procedure
Perth Airport Pty Ltd v Airservices Australia [2025] FCA 351
PRACTICE AND PROCEDURE – application to further amend statement of claim – introduction of new issue – whether amendments would render pleading evasive or ambiguous or likely to cause prejudice, embarrassment or delay in proceeding – fair notice of case to be met
FEUTRILL J - 11 Apr 2025

Practice and Procedure
Lal v Royal Australasian College of Physicians [2025] FCA 348
PRACTICE AND PROCEDURE – Applications for summary judgment pursuant to s 31A Federal Court of Australia Act 1976 (Cth) and r 26.01 Federal Court Rules 2011 (Cth) – where applicant in substantive proceedings a doctor trained in India – where applicant in substantive proceedings claimed various relief related to accreditation as Overseas Trained Professional in Australia – where respondents in substantive proceedings contended Federal Court lacked jurisdiction – whether substantive application had reasonable prospects of being successfully prosecuted – whether jurisdiction pursuant to s 39B(1A) Judiciary Act 1903 (Cth) – whether claims of applicant in substantive application constitute matters arising under laws made by Commonwealth Parliament – summary judgment entered against applicant in substantive proceedings
COLLIER J - 11 Apr 2025

Taxation
Morton v Commissioner of Taxation [2025] FCA 336
TAXATION – appeal under Part IVC of the Taxation Administration Act 1953 (Cth) against objection decision – where amended assessments of taxation brought proceeds from the sales of lots on a residential development into account as assessable income – whether assessments were excessive – whether lots on development were trading stock for the purposes of Part 2-25 of the Income Tax Assessment Act 1997 (Cth) – whether property sale was in the course of carrying on a business of property development – where proceeds from the sales of the allotments were capital receipts derived upon the realisation of an asset – where taxpayer embarked upon enterprising means of achieving the best price when realising a capital asset – assessments were excessive – objection decision should be varied in part under s 14ZZP of the Taxation Administration Act 1953 (Cth)
WHEELAHAN J - 11 Apr 2025

Costs
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd (No 2) [2025] FCAFC 50
COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause
PERRY, MCEVOY AND MCDONALD JJ - 11 Apr 2025