Browse Federal Court Judgments

Migration
BQJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 255
MIGRATION – appeal from Federal Circuit and Family Court – refusal to grant protection visa – where refusal affirmed by the Administrative Appeals Tribunal – whether primary judge erred in finding Tribunal decision not affected by
HESPE J - 26 Mar 2025

Migration
Deng v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 260
MIGRATION – judicial review of decision of Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate not to revoke mandatory cancellation of applicant’s visa under s 501(3A) of the Migration Act (Cth) – where
SHARIFF J - 26 Mar 2025

Practice and Procedure
Helicopter Aerial Surveys Pty Ltd v NTI Ltd [2025] FCA 265
PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from
JACKMAN J - 25 Mar 2025

Migration
LGC24 v Minister for Immigration and Multicultural Affairs [2025] FCA 253
MIGRATION – application for mandamus – whether decision to grant or refuse a protection visa has been unreasonably delayed – where proceedings commenced nine days after the applicant provided her response to Notice of Intention to Consider
OWENS J - 26 Mar 2025

Migration
Kannangara v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCA 254
MIGRATION – appeal from Federal Circuit and Family Court of Australia – Regional Employer visa refused – refusal affirmed by the Tribunal – where there was no approved nomination by employer
HESPE J - 26 Mar 2025

Corporations Law
Xie v Moshav Financial Wholesale Pty Ltd [2025] FCA 250
CORPORATIONS – where representative of a holder of an Australian financial services licence (“licensee”) alleged to have contravened provisions in the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth)
MARKOVIC J - 26 Mar 2025

Bankruptcy
Greentree Resources Pty Ltd (in liq) v Greentree, in the matter of Greentree Resources Pty Ltd (in liq) [2025] FCA 256
BANKRUPTCY AND INSOLVENCY – Application for court approval to compromise debts owing to first plaintiff – Application for court approval to enter into retainer agreement, litigation funding agreement and Deed of Settlement and Release –
JACKMAN J - 20 Mar 2025

Practice and Procedure
Houten v Lennon [2025] FCA 252
PRACTICE AND PROCEDURE – Registrars – review of Registrar’s power to make sequestration order – review is a hearing de novo – meaning of “hearing de novo”
ROFE J - 25 Mar 2025

Corporations Law
Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) (No 2) [2025] FCA 248
CORPORATIONS – ex parte interlocutory application –companies in provisional liquidation hold assets on trust –risk of dissipation of assets – appointment of receivers to the assets of the trusts to facilitate the administration
MOORE J - 11 Mar 2025

Bankruptcy
Suhren v Cooper (Trustee) [2025] FCA 251
BANKRUPTCY - application by bankrupt for court to exercise discretion to compel trustee respondent to provide written consent to bankrupt leaving Australia pursuant to s 272(1)(c) of the Bankruptcy Act 1966 (Cth) - whether applicant failed to
VANDONGEN J - 10 Mar 2025

Migration
Rai v Minister for Immigration and Multicultural Affairs [2025] FCA 247
MIGRATION – student visa – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where the applicant failed to attend – where the applicant was given sufficient notice of the hearing –
ABRAHAM J - 24 Mar 2025

Patents
Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical
BURLEY, ROFE AND DOWNES JJ - 19 Mar 2025

Migration
CUR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 249
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - judicial review of a decision of the Administrative Appeals Tribunal to refuse protection visas - alleged failure of Tribunal to consider the future
JACKSON J - 24 Mar 2025

Consumer Law
SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where
PERRAM, BROMWICH AND COLVIN JJ - 24 Mar 2025

Practice and Procedure
Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of
PERRAM, BROMWICH AND COLVIN JJ - 24 Mar 2025

Bankruptcy
Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2025] FCAFC 35
BANKRUPTCY AND INSOLVENCY – appeal from judgment of single judge dismissing application for review of decision of registrar refusing to set aside bankruptcy notice – whether primary judge erred in not finding existence of freezing orders or
SNADEN, GOODMAN AND MCDONALD JJ - 24 Mar 2025

Contempt of Court
Tax Practitioners Board v Dabalos (formerly Van Stroe) (No 3) [2025] FCA 223
CONTEMPT OF COURT – contempt by respondent by breach of permanent injunction on 365 occasions – contempt admitted – respondent continued to provide taxation services when unlicensed – contempt occurring in circumstances where respondent
BANKS-SMITH J - 21 Mar 2025

Corporations Law
De Grey Mining Ltd, in the matter of De Grey Mining Ltd [2025] FCA 246
CORPORATIONS – interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) – script takeover scheme of arrangement
FEUTRILL J - 10 Mar 2025

Contempt of Court
Purcell v IDN24 [2025] FCA 215
CONTEMPT OF COURT – Contempt of the Australian Crime Commission punishable as contempt of Federal Court – failure or refusal to answer questions – whether a purported lack of recollection could amount to a failure or refusal to answer
BENNETT J - 19 Mar 2025

Corporations Law
Caddy, in the matter of Roberts Co (VIC) Pty Ltd (Administrators Appointed) [2025] FCA 243
CORPORATIONS – application for orders pursuant to ss 447A(1) or 443B(8) of the Corporations Act 2001 (Cth) varying the operation of s 443A(1) and s 443B(2) such that the administrators are not personally liable for rent or other amounts under
NESKOVCIN J - 21 Mar 2025