Browse Federal Court Judgments

Taxation ; Practice and Procedure
Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2025] FCA 115
TAXATION - Division 230 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997) - taxation of financial arrangements (TOFA) - whether asserted contingent right to 'terminal payment' said to arise under contract and/or statute was a "financial arrangement" within the meaning of s 230-45(1) of ITAA 1997 - held no "financial arrangement" - whether financial benefits provided "under" financial arrangement for the purposes of s 230-60(1) and step 2(a) in the method statement in s 230-445(1) - whether financial benefits played an "integral role" in the sense required by s 260-60(1) - meaning of step 1(b) in the method statement in s 230-445(1) - whether step 1(b) applied where deductions previously allowed under s 8-1 of ITAA 1997 so as to prevent admitted double deduction - non-applicability of s 8-10 of the ITAA 1997 - whether issue of shares capable of constituting the provision of a financial benefit - whether s 974-30(1) applies to s 230-60(1) - s 974-30(1) does not have any relevant application - held that is
THAWLEY J - 21 February 2025

Corporations Law
Brereton, in the matter of ICT Century Pty Ltd (In Liquidation) [2025] FCA 107
CORPORATIONS - application by liquidators under s 588FF(3)(b) of the Corporations Act 2001 (Cth) for extension of time for making any application under s 588FF(1) - liquidators seeking a "shelf order" in respect of yet-to-be-identified claims - where necessary further investigations and examinations to be conducted by the liquidators of a creditor and not those of the company - any identified claims proposed to be brought by way of assignment to those third-party liquidators - extension granted
OWENS J - 21 February 2025

Migration
Tanehohaia v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 106

COLVIN J - 21 February 2025

Migration
CQO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 97
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an "unauthorised maritime arrival" - where Authority affirmed decision of a delegate of the Minister not to grant the appellant a protection visa - where Authority made adverse credibility findings - where factual findings material to the outcome made without a reasoned factual basis - Authority's decision was irrational
NEEDHAM J - 21 February 2025

Human Rights
Roe (Administrator) v State of Western Australia [2025] FCA 105
PUBLIC INTEREST IMMUNITY - interlocutory application for public interest immunity claim to be upheld - whether disclosure would adversely affect public interests - whether disclosure would adversely impact government discussions and decision-making processes - whether relevance of documents demonstrated - application upheld
COLVIN J - 21 February 2025

Practice and Procedure ; Corporations Law
Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Trial Ruling No 2 - Witness Unavailability) [2025] FCA 110
PRACTICE AND PROCEDURE-Evidence Act 1995 (Cth), s 63-previous representation-witness not available despite service of subpoena-whether all reasonable steps have been taken by the applicant to compel the witness to give evidence-failure of applicant to explain why no application was made for the issue of a warrant for the arrest of the witness-whether in any event reasonable notice of the intention to adduce the evidence was given as required by s 67- held application refused.
MCELWAINE J - 13 February 2025

Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103
INDUSTRIAL LAW - alleged contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (the Act) - civil remedy provisions - where the respondent employer partially withheld bonus payments from the applicants following their resignation - where the respondent employer unilaterally deducted amounts from an applicant's salary and allocated such amounts to a client entertainment and travel account - whether the alleged contravention relating to unilateral deductions was a serious contravention under s 557A of the Act - where the respondent employer failed to provide timely pay slips or provided deficient pay slips to the applicants - alleged accessorial liability under s 550 of the Act - where the managing director was liable as an accessory in respect of contraventions involving withheld bonus payments and deductions but not in respect of pay slip contraventions
O'CALLAGHAN J - 21 February 2025

Corporations Law
Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
CORPORATIONS - alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee - where clients moved from applicants to the respondents' new employer - whether respondents breached the employment contract or used confidential information to solicit former clients - whether new employer liable as an accessory or for inducing breach of contract - proceeding dismissed
O'CALLAGHAN J - 21 February 2025

Consumer Law
Australian Competition and Consumer Commission v Telstra Limited [2025] FCA 93
CONSUMER LAW - where respondent a telecommunications business offering NBN internet access plans to consumers - where respondent unilaterally and without notice made changes to some consumers' plans - where changes resulted in slower upload speed - whether respondent made representations to consumers as to plan's standard, quality, value, grade or performance characteristics - whether respondent engaged in conduct that was misleading or deceptive - whether respondent made false or misleading representations - whether respondent contravened provisions of the Australian Consumer Law - hearing on liability - liability for contraventions established.
SNADEN J - 21 February 2025

Corporations Law
Australian Securities and Investments Commission v AustralianSuper Pty Ltd [2025] FCA 102
CORPORATIONS - financial services - declarations of contraventions - assessment of pecuniary penalty - failure by AustralianSuper to establish rules setting out procedure to identify and merge multiple superannuation accounts as required by s 108A of the Superannuation Industry (Supervision) Act 1993 (Cth) - where compliance policies and frameworks were inadequate - where AustralianSuper remediated affected members for losses incurred - where AustralianSuper admitted liability and cooperated with regulator
HESPE J - 21 February 2025

Taxation
Baya Casal v Deputy Commissioner of Taxation [2025] FCA 87
TAXATION - decision of the Deputy Commissioner of Taxation that the applicant's position was genuinely redundant pursuant to s 83-175(1) of the Income Tax Assessment Act 1997 (Cth) - where objection decision confirmed private ruling - appeal from objection decision - whether the court can infer facts additional to the ruled facts on appeal - applicant a part-time employee - applicant offered part-time employment with reduced hours - whether a reduction in hours means genuine redundancy - appeal allowed
MCEVOY J - 18 February 2025

Corporations Law
Beattie, in the matter of National Projects QLD Pty Ltd (No 3) (Administrators Appointed) [2025] FCA 104
CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - discretion exercised to extend time to convene second meeting of creditors
SHARIFF J - 20 February 2025

Australian Competition and Consumer Commission v Mosaic Brands Limited [2025] FCA 99
CORPORATIONS - application by applicant for leave to proceed with proceeding pursuant to s 440D of the Corporations Act 2001 (Cth) - leave to proceed granted
WIGNEY J - 30 JANUARY 2025

Practice and Procedure ; Corporations Law
Greensill Bank AG v Insurance Australia Limited [2025] FCA 95
PRACTICE AND PROCEDURE - application for disqualification of a judge on the ground of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of proceeding - where judge appeared as counsel in an interlocutory application that was collateral to the main proceedings - where issues determined in the interlocutory application were not issues for determination in the substantive hearing on liability - principles governing an application for disqualification on the ground of apprehended bias
MOORE J - 20 February 2025

Corporations Law ; Damages ; Negligence ; Deceptive Conduct
Xu v Salter Brothers Asset Management Pty Ltd [2025] FCA 89
FINANCIAL PRODUCTS - misleading or deceptive conduct concerning the terms of complying investments of at least $5 million as required to be made by applicants pursuant to the Significant Investor Visa Program- ss 12 DA and 12DB of the ASIC Act and 1041H of the Corporations Act- trial of three separate claims- oral and written representations relied on. MISLEADING OR DECEPTIVE CONDUCT - whether oral representations as contended were made- whether written representations were made in context of documents provided in English to applicants fluent only in Mandarin- whether conduct was in any event misleading or likely to mislead or deceive-relevance of ability of applicants to have documents translated and or to take independent financial advice before making financial investments-whether core claims that complying investments could be redeemed after four years made out. STATUTORY UNCONSCIONABLE CONDUCT - s 12CB ASIC Act - whether respondents engaged in unconscionable conduct in providing Information Memoranda for financial products only in English to a Mandarin speaking class of prospective applicants - whether applicants were vulnerable - whether unconscientious advantage taken - relevance of ability of applicants to obtain translations. CAUSATION - whether applicants relied on misleading conduct as alleged-whether reliance on conduct is a necessary element-distinction between direct and indirect causation-whether causation is established in circumstances where applicants at the time made alternative complying investments with similar risks. DAMAGES - whether failure of applicants to establish that investments as made have no current value precludes alternative claims raised at a late stage -methodology for calculation of damages when redemption of investments is delayed - whether refund orders may have been made pursuant to s 12GM of the ASIC Act. CONTRIBUTORY NEGLIGENCE - whether if claims had otherwise succeeded, any amount of damages should be reduced on account of any failure by the applicants to take reasonable care.
MCELWAINE J - 19 February 2025

Practice and Procedure ; Corporations Law
Australian Securities and Investments Commission v eToro AUS Capital Limited [2025] FCA 100
PRACTICE AND PROCEDURE - application for final suppression and non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) - where interim orders made for suppression and non-publication - where commercially sensitive information not available in the public domain - whether order necessary to prevent prejudice to the proper administration of justice - whether duration of order reasonably necessary
STELLIOS J - 20 February 2025

Practice and Procedure ; Costs ; Corporations Law
Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94
PRACTICE AND PROCEDURE - application for strike out of part of a defence under r 16.21 of the Federal Court Rules - nature of pleadings under r 16.02 and Yap v Chong [2024] FCA 1326 - consideration of whether pleading is "embarrassing" in the sense used in Shelton v National Roads and Motorists Association Limited [2004] FCA 1393. PRACTICE AND PROCEDURE - application by a director to represent a company otherwise than by a solicitor - exercise of the Court's discretion to waive compliance with r 4.01(2) of the Federal Court Rules - where the director has taken the running of the proceedings by correspondence and has done so in a way which has caused delay and prejudice - where company is now deregistered. COSTS - costs sought against a company and its director on separate bases - costs sought on an indemnity basis - costs sought to be payable forthwith - where the director has increased the amount of costs that would have been incurred had the first defendant acted with competence and diligence.
NEEDHAM J - 10 February 2025

Taxation
Commissioner of Taxation v Bendel [2025] FCAFC 15
TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of the Income Tax Assessment Act 1936 (Cth) - whether Tribunal failed to carry out its task
LOGAN, HESPE AND NESKOVCIN JJ - 19 February 2025

Migration
BNY23 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCAFC 14
MIGRATION - where Administrative Appeals Tribunal (Tribunal) affirmed decision not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) - whether Tribunal failed to consider representations made by appellant - whether errors were material - whether Tribunal made a finding unsupported by evidence - appeal allowed
RANGIAH, DERRINGTON AND ROFE JJ - 19 February 2025

Insurance
Integrity Life Australia Limited, in the matter of Integrity Life Australia Limited [2025] FCA 92
INSURANCE -- Application for confirmation of scheme of transfer -- Pursuant to Life Insurance Act 1995 (Cth) s 194 -- Where company is in breach of prudential capital requirements -- Where company's capacity to meet policy owner benefits is expected to be exhausted by November 2027 -- Where transferring polices will be replaced by equivalent or nearest equivalent rights and benefits -- Where scheme involves increases in premiums and reductions in benefits for some policy owners -- Where policy owners would be worse-off if scheme not confirmed -- Scheme's adverse impact on policy owners not a bar to scheme confirmation -- Exercise of discretion not constrained by adverse impact on policy owners -- Where scheme's primary purpose is providing ongoing cover to transferring policy owners and improving financial security -- Where product transfer rules seek to minimise detriment to policy owners -- Where dispensation orders substantially complied with -- Where APRA supports the confirmation -- The scheme should be confirmed
JACKMAN J - 19 February 2025

Practice and Procedure ; Environment Protection
Warburton Environment Inc v Secretary, Department of Energy, Environment and Climate Action (No 2) [2025] FCA 91
PRACTICE AND PROCEDURE - application to be released from undertaking on condition that amended form of undertaking be given to the Court - where Secretary undertook not to remove trees located within fuel breaks except in specified circumstances - where dispute subsequently arose between the parties regarding scope of undertaking - where Secretary proposed to give amended undertaking - whether additional requirements should be imposed on Secretary by way of undertaking or injunction - application to release Secretary from current undertaking granted - amended undertaking given by Secretary
HORAN J - 7 February 2025

Practice and Procedure ; Bankruptcy
Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2025] FCA 86
PRACTICE AND PROCEDURE - where applicant has filed an application for annulment of bankruptcy pursuant to s 153B of the Bankruptcy Act 1966 (Cth) - interlocutory application by respondents for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) - whether annulment application fails to disclose a reasonable cause of action - whether annulment application constitutes abuse of process - application for annulment dismissed
PERRY J - 17 February 2025

Corporations Law ; Practice and Procedure
Hudson, in the matter of ACB Group Pty Ltd (in liq) [2025] FCA 90
CORPORATIONS - application by liquidator for direction under s 90-15 of the Insolvency Practice Schedule (Corporations), being Schedule 2 to the Corporations Act 2001 (Cth) (the Act), that liquidator is justified in utilisation of funds realised in the winding up of the company to meet reasonable costs of complying with notices issued to company under s 274 of the Environment Protection Act 2017 (Vic) - application by liquidator for retrospective approval of entry into contract with environmental consultant to assist in compliance with statutory notices, pursuant to s 477(2B) of the Act - where direction given and approval granted PRACTICE AND PROCEDURE - application for suppression and non-publication order - whether necessary to prevent prejudice to the proper administration of justice - where suppression and non-publication orders made
Button J - 14 February 2025

Practice and Procedure ; Corporations Law
Pieman Resources Pty Ltd v Monks [2025] FCA 88
PRACTICE AND PROCEDURE - default judgment - contumacious non-performance of court orders - persistent delay - no explanation for non-performance of orders or delay - judgment given
DERRINGTON J - 30 January 2025

Consumer Law
Australian Energy Regulator v Origin Energy Electricity Limited [2024] FCA 1529
CONSUMER LAW - supply of energy to households which require life support equipment - where the respondents admitted contravening rr 124(1)(a)-(c), 124(3)(a), 125(1) and 124B(1)(c) of the National Energy Retail Rules and s 273 of the National Energy Retail Law - where the applicant and the respondents agreed to proposed declarations of contravention and civil penalties totalling $12 million - whether proposed penalties appropriate
O'BRYAN J - 18 December 2024

Corporations Law
Goyal, in the matter of Procuret Holding Pty Ltd (Administrators Appointed) [2025] FCA 85
CORPORATIONS - application for extension of convening period for second meeting of creditors - application allowed
SHARIFF J - 12 February 2025

Practice and Procedure ; Discovery
Gunning v State of Queensland (Pleadings Dispute) [2025] FCA 83
PRACTICE AND PROCEDURE - application to strike out pleadings - application to amend pleadings - application for non-standard discovery - amendments in the interests of justice - leave granted to amend pleadings subject to further clarifying amendments - discovery in the interests of justice - discovery granted in part
DOWLING J - 14 February 2025